[HISTORY: Adopted by the Village Board of the Village of Mishicot as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-4-1994 (Secs. 19.01 to 19.19 of the former Municipal Code)]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
This article shall be known as the "Recycling Ordinance for the Village of Mishicot."
The purpose of this article is to promote recycling, composting, and resource recovery through the administration of an effective recycling program, as provided in § 287.11, Wis. Stats., and Ch. NR 544, Wis. Adm. Code.
This article is adopted as authorized under §§ 287.09(3)(b), 61.34 and 61.50, Wis. Stats.
It is not intended by this article to repeal, abrogate, annul, impair or interfere with any existing rules, regulations, ordinances or permits previously adopted or issued pursuant to law. However, whenever this article imposes greater restrictions, the provisions of this article shall apply.
In their interpretation and application, the provisions of this article shall be held to be the minimum requirements and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes. Where any terms or requirements of this article may be inconsistent or conflicting, the more restrictive requirements or interpretation shall apply. Where a provision of this article is required by the Wisconsin Statutes, or by a standard in Ch. NR 544, Wis. Adm. Code, and where the provision of this article is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and the Ch. NR 544, Wis. Adm. Code, standards in effect on the date of the adoption of this article, or in effect on the date of the most recent text amendment to this article.
The requirements of this article apply to all persons within the Village of Mishicot.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The provisions of this article shall be administered by the Village of Mishicot Director of Public Works.
The provisions of this article shall take effect on January 1, 1995.
As used in this article, the following terms shall have the meanings indicated:
BIMETAL CONTAINER
A container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.
CONTAINER BOARD
Corrugated paperboard used in the manufacture of shipping containers and related products.
HDPE
High-density polyethylene plastic containers marked by the SPI Code No. 2.
LDPE
Low-density polyethylene plastic containers marked by the SPI Code No. 4.
MAGAZINES
Magazines and other materials printed on similar paper.
MAJOR APPLIANCE
A residential or commercial air conditioner, boiler, clothes dryer, clothes washer, dehumidifier, dishwasher, freezer, residential or commercial furnace, microwave oven, oven, refrigerator, stove or water heater.
MIXED OR OTHER PLASTIC RESIN TYPES
Plastic containers marked by the SPI Code No. 7.
MULTIPLE-FAMILY DWELLING
A property containing five or more residential units, including those which are occupied seasonally.
NEWSPAPER
A newspaper and other materials printed on newsprint.
NONRESIDENTIAL FACILITIES AND PROPERTIES
Commercial, retail, industrial, institutional and governmental facilities and properties. This term does not include multiple-family dwellings.
OFFICE PAPER
High-grade printing and writing papers from offices in nonresidential facilities and properties. Printed white ledger and computer printout are examples of office paper generally accepted as high grade. This term does not include industrial process waste.
PERSON
Includes any individual, corporation, partnership, association, local governmental unit, as defined in § 66.0131(1)(a), Wis. Stats., state agency or authority or federal agency.
PETE
Polyethylene terephthalate plastic containers marked by the SPI Code No. 1.
POSTCONSUMER WASTE
Solid waste other than solid waste generated in the production of goods, hazardous waste, as defined in § 291.01(7), Wis. Stats., waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste, as defined in § 289.01(17), Wis. Stats.
PP
Polypropylene plastic containers marked by the SPI Code No. 5.
PS
Polystyrene plastic containers marked by the SPI Code No. 6.
PVC
Polyvinyl chloride plastic containers marked by the SPI Code No. 3.
RECYCLABLE MATERIALS
Includes lead acid batteries; major appliances; waste oil; yard waste; aluminum containers; corrugated paper or other container board; foam polystyrene packaging; glass containers; magazines; newspapers; office paper; plastic containers, including those made of PETE, HDPE, PVC, LDPE, PP, PS, and mixed or other plastic resin types; steel containers; waste tires; and bimetal containers.
SOLID WASTE
Has the meaning specified in § 289.01(33), Wis. Stats.
SOLID WASTE FACILITY
Has the meaning specified in § 289.01(35), Wis. Stats.
SOLID WASTE TREATMENT
Any method, technique or process which is designed to change the physical, chemical or biological character or composition of solid waste. "Treatment" includes incineration.
WASTE TIRE
A tire that is no longer suitable for its original purpose because of wear, damage or defect.
YARD WASTE
Leaves, grass clippings, yard and garden debris and brush, including clean woody vegetative material no greater than six inches in diameter. This term does not include stumps, roots or shrubs with intact root balls.
Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties shall separate the following materials from postconsumer waste:
A. 
Lead acid batteries.
B. 
Major appliances, except microwave ovens with removed capacitors.
C. 
Waste oil.
D. 
Yard waste.
E. 
Aluminum containers.
F. 
Bimetal containers.
G. 
Corrugated paper or other container board.
H. 
Foam polystyrene packaging.
I. 
Glass containers.
J. 
Magazines or other materials printed on similar paper.
K. 
Newspapers or other materials printed on newsprint.
L. 
Office paper.
M. 
Plastic containers made of PETE, SPI Code No. 1; HDPE, SPI Code No. 2; PVC, SPI Code No. 3; LDPE, SPI Code No. 4; PP, SPI Code No. 5; PS, SPI Code No. 6; and mixed or other plastic resin types, SPI Code No. 7.
N. 
Steel containers.
O. 
Waste tires.
The separation requirements of § 293-10 do not apply to the following:
A. 
Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties that send their postconsumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 293-10 from solid waste in as pure a form as is technically feasible.
B. 
Solid waste which is burned as a supplemental fuel at a facility if less than 30% of the heat input to the facility is derived from the solid waste burned as supplemental fuel.
C. 
A recyclable material specified in § 293-10 for which a variance or exemption has been granted by the Department of Natural Resources under § 287.07(7)(d) or 287.11(2m), Wis. Stats., or § NR 544.14, Wis. Adm. Code.
To the greatest extent practicable, the recyclable materials separated in accordance with § 293-10 shall be clean and kept free of contaminants, such as food or product residue, oil or grease, or other nonrecyclable materials, including but not limited to household hazardous waste, medical waste, and agricultural chemical containers. Recyclable materials shall be stored in a manner which protects them from wind, rain, and other inclement weather conditions.
Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties shall manage lead acid batteries, major appliances, waste oil, and yard waste as follows:
A. 
Lead acid batteries shall be taken to the Salvage Battery & Lead Company, 175 South Rockway Street, Mishicot, Wisconsin, for disposal.
B. 
Major appliances shall be taken to the Salvage Battery & Lead Company, 175 South Rockway Street, Mishicot, Wisconsin, for disposal.
C. 
Waste oil shall be taken to the City of Manitowoc Fire Station No. 1, 911 Franklin Street, Manitowoc, Wisconsin, for disposal.
D. 
Yard waste shall be taken to the Manitowoc County yard waste collection site located on the east side of Woodland Drive just to the south of STH 310 in the Township of Manitowoc.
Except as otherwise directed by the Village of Mishicot, occupants of single-family and two- to four-unit residences shall do the following for the preparation and collection of the separated materials specified in § 293-10E through O:
A. 
Aluminum containers shall be rinsed free of product residue and placed in the designated receptacle of an established dropoff site during the days and hours of operation.
B. 
Bimetal containers shall be rinsed free of product residue and placed in the designated receptacle of an established dropoff site during the days and hours of operation.
C. 
Corrugated paper or other container board shall be free of debris, flattened, stacked and tied, and placed in the designated receptacle of an established dropoff site during the days and hours of operation.
D. 
Foam polystyrene packaging shall be free of debris, flattened, stacked and tied, and placed in the designated receptacle of an established dropoff site during the days and hours of operation.
E. 
Glass containers shall be rinsed free of product residue and caps shall be removed and discarded. The containers shall be separated by color and placed in the designated receptacle of an established dropoff site during the days and hours of operation.
F. 
Magazines or other materials printed on similar paper shall be stacked and tied and placed in the designated receptacle of an established dropoff site during the days and hours of operation.
G. 
Newspapers or other materials printed on newsprint shall be stacked and tied and placed in the designated receptacle of an established dropoff site during the days and hours of operation.
H. 
Office paper shall be stacked and tied and placed in the designated receptacle of an established dropoff site during the days and hours of operation.
I. 
Plastic containers shall be prepared and collected as follows:
(1) 
Plastic containers made of PETE (No. 1) shall be rinsed free of product residue and caps shall be removed and discarded. The containers shall be placed in the designated receptacle of an established dropoff site during the days and hours of operation.
(2) 
Plastic containers made of HDPE (No. 2), including milk jugs and detergent bottles, shall be rinsed free of product residue and caps shall be removed and discarded. The containers shall be placed in the designated receptacle of an established dropoff site during the days and hours of operation.
(3) 
Plastic containers made of PVC (No. 3) shall be rinsed free of product residue and caps shall be removed and discarded. The containers shall be placed in the designated receptacle of an established dropoff site during the days and hours of operation.
(4) 
Plastic containers made of LDPE (No. 4) shall be rinsed free of product residue and caps shall be removed and discarded. The containers shall be placed in the designated receptacle of an established dropoff site during the days and hours of operation.
(5) 
Plastic containers made of PP (No. 5) shall be rinsed free of product residue and caps shall be removed and discarded. The containers shall be placed in the designated receptacle of an established dropoff site during the days and hours of operation.
(6) 
Plastic containers made of PS (No. 6) shall be rinsed free of product residue and caps shall be removed and discarded. The containers shall be placed in the designated receptacle of an established dropoff site during the days and hours of operation.
(7) 
Plastic containers made of mixed or other plastic resin types (No. 7) shall be rinsed free of product residue and caps shall be removed and discarded. The containers shall be placed in the designated receptacle of an established dropoff site during the days and hours of operation.
J. 
Steel containers shall be taken to the Salvage Battery & Lead Company, 175 South Rockway Street, Mishicot, Wisconsin, for disposal.
K. 
Waste tires shall be disposed of at the Ridgeview Recycling and Disposal Facility, 6207 Hempton Lake Road, Whitelaw, Wisconsin.
A. 
Owners or designated agents of multiple-family dwellings shall do all of the following for recycling the materials specified in § 293-10E through O:
(1) 
Provide adequate, separate containers for the recyclable materials.
(2) 
Notify tenants in writing at the time of renting or leasing the dwelling and at least semiannually thereafter about the established recycling program.
(3) 
Provide for the collection of the materials separated from the solid waste by the tenants and the delivery of the materials to a recycling facility.
(4) 
Notify tenants of reasons to reduce and recycle solid waste, which materials are collected, how to prepare the materials in order to meet the processing requirements, collection methods or sites, locations and hours of operation, and a contact person or company, including a name, address and telephone number.
B. 
The requirements specified in Subsection A do not apply to the owners or designated agents of multiple-family dwellings if the postconsumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in § 293-10E through O from solid waste in as pure a form as is technically feasible.
A. 
Owners or designated agents of nonresidential facilities and properties shall do all of the following for recycling the materials specified in § 293-10E through O:
(1) 
Provide adequate, separate containers for the recyclable materials.
(2) 
Notify in writing, at least semiannually, all users, tenants and occupants of the properties about the established recycling program.
(3) 
Provide for the collection of the materials separated from the solid waste by the users, tenants and occupants and the delivery of the materials to a recycling facility.
(4) 
Notify users, tenants and occupants of reasons to reduce and recycle, which materials are collected, how to prepare materials in order to meet the processing requirements, collection methods or sites, locations and hours of operation, and a contact person or company, including a name, address and telephone number.
B. 
The requirements specified in Subsection A do not apply to the owners or designated agents of nonresidential facilities and properties if the postconsumer waste generated within the facility or property is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in § 293-10E through O from solid waste in as pure a form as is technically feasible.
No person may dispose of in a solid waste disposal facility or burn in a solid waste treatment facility any of the materials specified in § 293-10E through O which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.
A. 
Any authorized officer, employee or representative of the Village of Mishicot may inspect recyclable materials separated for recycling, postconsumer waste intended for disposal, collection sites and facilities, collection vehicles, collection areas of multiple-family dwellings and nonresidential facilities and properties, solid waste disposal facilities and solid waste treatment facilities, and any records relating to recycling activities for the purpose of ascertaining compliance with the provisions of this article. No person may refuse access to any authorized officer, employee or authorized representative of the Village of Mishicot who requests access for purposes of inspection and who presents appropriate credentials. No person may obstruct, hamper or interfere with such an inspection.
B. 
Any person who violates a provision of this article may be issued a citation by any Village of Mishicot law enforcement officer to collect forfeitures. The issuance of a citation shall not preclude proceeding under any other ordinance or law relating to the same or any other matter. Proceeding under any other ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this subsection.
C. 
Penalties for violating this article may be assessed as follows:
(1) 
Any person who violates § 293-17 may be required to forfeit $50 for a first violation, $200 for a second violation, and not more than $2,000 for a third or subsequent violation.
(2) 
Any person who violates a provision of this article except § 293-17 may be required to forfeit not less that $50 nor more than $1,000 for each violation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[1]
Editor's Note: The Village of Mishicot Recycling Compliance Assurance Plan adopted in June 2006 and as it may be amended is on file at the office of the Village Clerk-Treasurer.
[Adopted 12-6-1994 (Sec. 19.20 of the former Municipal Code)]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any person or firm offering solid waste disposal services shall meet the following requirements:
A. 
Offer all their customers curbside pickup of recyclables and provide a bin(s) for such.
B. 
Offer solid waste pickup on a volume-based system with a set charge for each thirty-gallon bag or container.
C. 
Provide the Village with tonnage figures for recyclable material collected at minimum on an annual basis.
D. 
Pay all landfill tipping fees for disposal of solid waste collected in the Village.