[HISTORY: Adopted by the Village Board of the Village of
Grafton by Ord. No. 030, Series 1994 (Title 8, Ch. 8.21, of the 1979 Code). Amendments
noted where applicable.]
[Amended by Ord. No. 008, Series 2006]
The purpose of this chapter 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.
[Amended by Ord. No. 008, Series 2006]
This chapter is adopted as authorized under § 287.09(3)(b),
Wis. Stats.
It is not intended by this chapter 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 chapter imposes greater restrictions, the provisions
of this chapter shall apply.
In their interpretation and application, the provisions of this
chapter 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 chapter
may be inconsistent or conflicting, the more restrictive requirements
or interpretation shall apply. Where a provision of this chapter is
required by Wisconsin Statutes or by a standard in Ch. NR 544, Wis.
Adm. Code, and where the ordinance provision is unclear, the provision
shall be interpreted in light of the Wisconsin Statutes and the Ch.
NR 544 standards in effect on the date of the adoption of this chapter
or in effect on the date of the most recent text amendment of this
chapter.
[Amended by Ord. No. 008, Series 2006]
The requirements of this chapter apply to all persons within
the Village of Grafton.
The provisions of this chapter shall be administered by the
Director of Public Works.
As used in this chapter, the following terms shall have the
meanings indicated:
A container for carbonated or malt beverages that is made
primarily of a combination of steel and aluminum.
Corrugated paperboard used in the manufacture of shipping
containers and related products.
Packaging made primarily from foam polystyrene that satisfies
one of the following criteria:
High-density polyethylene, labeled by the SPI code #2.
Low-density polyethylene, labeled by the SPI code #4.
Magazines and other materials printed on similar paper.
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, microwave oven, residential or
commercial furnace, boiler, dehumidifier, water heater, oven, refrigerator
or stove.
A property containing four or more residential units, including
those which are occupied seasonally.
Newspaper and other materials printed on newsprint.
Commercial, retail, industrial, institutional and governmental
facilities and properties. It includes any location at which goods
or services are provided or manufactured, including locations under
construction, demolition or remodeling, or used for special events,
such as but not limited to fairs, festivals, sport venues, conferences
and exhibits.
[Amended by Ord. No. 008, Series 2006]
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.
Plastic resins labeled by the SPI code #7.
Includes any individual, corporation, partnership, association,
local governmental unit, as defined in § 287.01(5m), Wis.
Stats., state agency or authority or federal agency.
[Amended by Ord. No. 008, Series 2006]
Polyethylene terephthalate, labeled by the SPI code #1.
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.
Solid waste other than solid waste generated in the production
of goods, hazardous waste, as defined in § 287.01(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.
[Amended by Ord. No. 008, Series 2006]
Polypropylene, labeled by the SPI code #5.
Polystyrene, labeled by the SPI code #6.
Polyvinyl chloride, labeled by the SPI code #3.
Includes lead acid batteries; major appliances; waste oil;
yard waste; aluminum containers; corrugated paper or other container
board; foam polystyrene packaging; glass containers; magazines; newspaper;
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.
Has the meaning specified in § 289.01(33), Wis.
Stats.
[Amended by Ord. No. 008, Series 2006]
Has the meaning specified in § 289.01(3), Wis.
Stats.
[Amended by Ord. No. 008, Series 2006]
Any method, technique or process which is designed to change
the physical, chemical or biological character or composition of solid
waste. "Treatment" includes incineration.
A tire that is no longer suitable for its original purpose
because of wear, damage or defect.
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.
[Amended by Ord. No. 016, Series 2006]
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:
A.
Lead acid batteries.
B.
Major appliances.
C.
Waste oil.
D.
Yard waste.
E.
Aluminum containers.
F.
Bimetal containers.
G.
Foam polystyrene packaging.
H.
Glass containers.
I.
Magazines.
J.
Newspapers.
K.
Office paper.
L.
Steel containers.
M.
Waste tires.
N.
Corrugated paper or other container board.
O.
Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and
other resins or multiple resins.
The separation requirements of § 8.21.070 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
post-consumer waste to a processing facility licensed by the Wisconsin
Department of Natural Resources that recovers the materials specified
in § 8-21-070 from solid waste in as pure a form as is technically
feasible.
[Amended by Ord. No. 016, Series 2006]
B.
If less than 30% of the heat input to the facility is derived from
the solid waste which is burned as supplemental fuel at that facility
in accordance with § 287.07(7)(bg), Wis. Stats.
[Amended by Ord. No. 008, Series 2006]
C.
Foam polystyrene packaging and rigid plastic containers made of PVC
(#3), LDPE (#4), PP (#5), PS (#6), and other resins or multiple resins
(#7). These items have been granted a separation variance by the Department
of Natural Resources, § 287.907(7)(h), Wis. Stats.
[Amended by Ord. No. 008, Series 2006]
To the greatest extent practicable, the recyclable materials separated in accordance with § 8.21.070 shall be clean and kept free of contaminants such as food or products 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 conditions that could reduce the marketability of the recyclable materials.
[Amended by Ord. No. 016, Series 2006]
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 a local authorized dealer accepting
this product.
B.
Major appliances shall be taken to a local authorized dealer accepting
this product.
C.
Waste oil shall be taken to a location determined by the Director
of Public Works.
D.
Yard waste shall be taken to a location determined by the Director
of Public Works.
[Amended by Ord. No. 012, Series 2009]
Except as otherwise directed by the Director of Public Works,
occupants of single-family and two- to four-unit residences and qualifying
nonresidential properties shall place all recyclable materials into
the Village-provided cart and
place the cart at the curb on the designated collection day at least
three feet away from any object adjoining the property by 7:00 a.m.
of the pickup day, but not more than 12 hours prior to collection.
Containers must be removed from the curb within 12 hours after collection.
A.
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 8.21.070:
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:
1.
The post-consumer 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 § 8.21.070 from solid waste in as pure a form as is technically feasible.
2.
Less than 30% of the heat input to a facility is derived from the
solid waste which is burned as a supplemental fuel at the facility
in accordance with § 287.07(7)(bg), Wis. Stats.
[Amended by Ord. No. 008, Series 2006]
3.
Items have been granted a separation variance by the Department of
Natural Resources under § 298.07(7)(h), Wis. Stats. Currently
items which need not be separated from solid waste are foam polystyrene
packaging and rigid plastic containers made from PVC (#3), LDPE (#4),
PP, (#5), PS (#6), and other resins or multiple resins (#7).
[Amended by Ord. No. 008, Series 2006]
A.
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in § 8.21.070:
1.
For a new building or a building that is remodeled or expanded by
50% or more in floor area, provide a designated area for separation,
temporary storage, and collection of solid waste and recyclables either
within or adjacent to the building.
2.
Provide adequate, separate containers for the recyclable materials.
3.
Notify in writing, at least semiannually, all users, tenants and
occupants of the properties about the established recycling program.
4.
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.
5.
Notify users, tenants and occupants of reasons to reduce and recycle,
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:
1.
The post-consumer 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 § 8.21.070 from solid waste in as pure a form as is technically feasible.
2.
Less than 30% of the heat input to a facility is derived from the
solid waste which is burned as a supplemental fuel at the facility
in accordance with § 287.07(7)(bg), Wis. Stats.
[Amended by Ord. No. 008, Series 2006]
3.
Items have been granted a separation variance by the Department of
Natural Resources under § 287.07(7)(h), Wis. Stats. Currently
items which need not be separated from solid waste are foam polystyrene
packaging and rigid plastic containers made from PVC (#3), LDPE (#4),
PP (#5), PS (#6), and other resins or multiple resins (#7).
[Amended by Ord. No. 008, Series 2006]
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 § 8.21.070 which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.
For the purpose of ascertaining compliance with the provisions
of this chapter, the Director of Public Works or his designee may
inspect recyclable materials separated for recycling, post-consumer
waste intended for disposal, recycling collection sites and facilities,
collection vehicles, collection areas of multiple-family dwellings
and nonresidential facilities and properties, and any records relating
to recycling activities, which shall be kept confidential when necessary
to protect proprietary information. No person may refuse access to
any authorized officer, employee or authorized representative of the
Village of Grafton who requests access for purpose of inspection and
who presents appropriate credentials. No person may obstruct, hamper
or interfere with such an inspection.
A.
Any person who violates a provision of this chapter may be issued
a citation by the Village of Grafton Police Department 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.
[Amended by Ord. No. 008, Series 2006]
The provisions of this chapter shall take effect on January
1, 2007.
