[Adopted 7-6-1998 by Ord.
No. 98-11 as § 11.09 of the 1998 Code]
This article shall be known as the "Recycling Ordinance for
the Village of Denmark, Brown County, Wisconsin."
The purpose of this article is to promote recycling, composting,
and resource recovery through the administration of an effective recycling
program, as provided is § 287.11, Wis. Stats., and Ch. NR
544, Wis. Adm. Code, and to regulate the collection and disposal of
solid waste in the Village of Denmark.
This article is adopted as authorized under §§ 287.09(3)(b)
and 61.34, 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 Wisconsin Statutes, or by a standard in Ch. NR 544, Wis.
Adm. Code, and where the article provision 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 Denmark, Brown County, Wisconsin.
The provisions of this article shall be administered by the
Village Board of the Village of Denmark, Brown County, Wisconsin.
For the purpose of 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.
FOAM POLYSTYRENE PACKAGING
Packaging made primarily from foam polystyrene that satisfies
one of the following criteria:
A.
Is designed for serving food or beverage.
B.
Consists of loose particles intended to fill space and cushion
the packaged article in a shipping container.
C.
Consists of rigid materials shaped to hold and cushion the packaged
article in a shipping container.
HDPE
High-density polyethylene labeled Code No. 2.
LDPE
Low-density polyethylene labeled Code No. 4.
MAGAZINES
Magazines and other materials printed on similar paper.
MAJOR APPLIANCE
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator
or stove.
MULTIPLE-FAMILY DWELLING
A property containing five or more residential units, including
those that are occupied seasonally.
NEWSPAPER
Newspaper and other materials printed on newsprint.
OFFICE PAPER
High-grade printing and writing papers from offices in nonresidential
facilities and properties.
PERSON
Includes any individual, corporation, partnership, association,
local government unit as defined in § 66.0131(1)(a), Wis.
Stats., state agency or authority or federal agency.
PETE
Polyethylene terephthalate labeled Code No. 1.
PLASTIC CONTAINER
An individual, separate, rigid, plastic bottle, can, jar,
or carton, except for a blister pack, that is originally used to contain
a product that is the subject of a retail sale.
POST-CONSUMER 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 labeled Code No. 5.
PS
Polystyrene labeled Code No. 6.
PVC
Polyvinyl chloride labeled 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, rigid plastic containers including those made of PETE,
HDPE/PVC, LDPE, PP, PS and other resins or multiple resins, steel
containers, waste tires and bimetal containers.
SOLID WASTE
Has the meaning specified in § 289.01(33), 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, and yard and garden debris, including
woody vegetative matter 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 post-consumer waste unless
otherwise directed by the Village of Denmark Village Board:
G. Corrugated paper or other container board.
H. Foam polystyrene packaging.
M. Rigid plastic containers made of PETE, HDPE/PVC, LDPE, PP, PS, and
other resins or multiple resins.
Unless otherwise directed by the Village of Denmark Village Board the separation requirements of §
249-9 do not apply to the following:
A. Occupants of single-family and two-unit 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 materials specified in §
249-9 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 §
249-9E through
N for which a variance has been granted by the Department of Natural Resources under § 287.11(2m), Wis. Stats., or § NR 544.14, Wis. Adm. Code.
To the greatest extent practicable, the recyclable materials separated in accordance with §
249-9 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, snow 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 unless otherwise directed by the Village of
Denmark Village Board:
A. Lead acid batteries shall be returned to the retailer or scrap yards
which may charge a fee for the collection of batteries. Fees are to
be paid by the owner of the battery.
B. Major appliances shall be delivered at the owner's expense to authorized
scrap yards or the Brown County Landfill.
C. Waste oil shall not be disposed of by placing it with refuse for
regular collection or by pouring it on the ground, in ditches or waterways.
Any person wishing to dispose of waste oil shall deliver it to authorized
recycling sites.
D. Yard waste, including grass, leaves, garden debris and shrubbery
cuttings, shall not be disposed of by placing it with rubbish. All
yard waste shall be recycled on the site where it was produced.
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 §
249-9E through
N which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.