Town of Arbor Vitae, WI
Vilas County
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[HISTORY: Adopted by the Town Board of the Town of Arbor Vitae as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-13-1994 by Ord. No. 1-94]
A. 
Authority for this article is granted by Chapter 287 of the Wisconsin Statutes.
B. 
The Town of Arbor Vitae.
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 issues 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 Chapter NR 544, Wisconsin Administrative Code, and where the article provision is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and the Chapter NR 544 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 Town of Arbor Vitae, Vilas County, Wisconsin.
A. 
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.
DROPOFF POINT
A location licensed for the receipt of waste and/or recyclable materials.
FOAM POLYSTYRENE
Packaging made primarily from foam polystyrene that satisfies one of the following criteria:
(1) 
Is designed for serving food or beverages.
(2) 
Consists of loose particles intended to fill space and cushion the packaged article in a shipping container.
(3) 
Consists of rigid materials shaped to hold and cushion the packaged article in a shipping container.
HAULERS
The term "haulers" refers to waste, refuse, and/or recyclables collectors licensed by the Town of Arbor Vitae to operate within the Town.
HDPE
High density polyethylene, labeled by the SPI code #2.
LDPE
Low density polyethylene, labeled by the SPI code #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, stove, TV, humidifier, dehumidifier, copy machine or computer.
MATERIALS RECOVERY FACILITY
A facility where two or more of the materials specified in § 287.07(3) or (4), Wis. Stats., not mixed with other solid waste, are processed for reuse or recycling by conversion into a consumer product or a product which is used as a raw material in a commercial or industrial process.
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 printouts are examples of office paper generally accepted as high-grade. This term does not include industrial process waste.
OTHER RESINS or MULTIPLE RESINS
Plastic resins labeled by SPI code #7.
PERSON
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, labeled by the SPI code #1.
RECYCLABLE MATERIALS
All materials banned from landfilling and incineration at the Hwy G Landfill or in the State of Wisconsin, including 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.
REFUSE
All materials legally accepted for landfilling at licensed landfills.
RESIDENT
For purposes of this article and related license agreements only, a resident is defined as a person who occupies a dwelling or abode within the Town of Arbor Vitae and has a present intent to remain within the Town for a period of time, including seasonal periods of time.
WASTE
Any solid waste, including garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded or salvageable materials, including solid, liquid, semi-solid or contained gaseous materials resulting from industrial, commercial mining and agricultural operations and from community activities, but does not include hazardous waste, solids or dissolved material in domestic sewage, or point sources subject to permits under Chapter 283 (1990) of the Wisconsin Statutes.
WASTE FACILITY
Is for handling or storing waste as defined above for future disposal. This does not include vehicles used by haulers.
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.
B. 
Only transparent bags (see-through) are permitted so that items inside are recognizable.
C. 
Undefined terms. In interpreting any term in this article, when the term is not defined in the section in question or in this definition section, the ordinary meaning of the term will apply unless the context clearly indicates a different meaning is intended.
Recycling education will be divided into two general areas:
A. 
The Town Board will create a general education plan using direct mailings, news releases, postings, meetings and advertisements to promote basic recycling knowledge within the Town. General informational pieces will be made available to licensed waste haulers in the Town.
B. 
Recycling information to meet specific legal requirements will be handled by licensed waste haulers in communications with their residential and commercial customers.
A. 
The Town of Arbor Vitae does hereby designate the Highway G Landfill as its official dropoff location for waste. Users of this landfill must comply with all regulations in effect at the site.
B. 
The Highway J Transfer Station or other materials recovery facilities or recycling operations which are certified by the State of Wisconsin may be used by residents and commercial establishments in the Town.
(1) 
The owner or operator of a materials recovery facility that serves either Town residents or licensed haulers in the Town shall certify to the Wisconsin DNR that the materials recovery facility meets the requirements of § 544.16 of the Wisconsin Administrative Code.
(2) 
The owner or operator of any other waste facility or recycling operation that serves either Town residents or licensed haulers in the Town shall certify to the Town that the waste facility or recycling operation meets the requirements of the Wisconsin Statutes or the Wisconsin Administrative Code and ordinances of Vilas County and the Town of Arbor Vitae.
C. 
The Town requires, unless specifically exempted by this article or by order of the Town Board of the Town, any person authorized by the State of Wisconsin to construct, operate, maintain and close a recycling operation or materials recovery facility to properly and timely police and remove litter and discharge within one mile of the outer perimeter of the facility or operation on at least a weekly basis during the period recycling or materials recovery facility is operational and is receiving materials.
D. 
Unless specifically exempted by this article or by order of the Town Board of the Town, the Town requires any person authorized by the appropriate permit to construct, operate, maintain and close a materials recovery facility or recycling operation, to maintain adequate personnel and sufficient physical security to reduce vandalism, environmental degradation or disturbance at the facility during the period the facility is operational and is receiving materials. The facility shall maintain sufficient attendants "on call" during the time periods when the facility is not receiving materials.
E. 
Upon termination of the facility operations by legal closure, persons authorized by a proper permit shall maintain adequate personnel and sufficient physical security to reduce vandalism, environmental degradation or disturbance at the closed recycling operation for a period of 10 years thereafter.
F. 
Materials recovery facilities or recycling operations in the Town shall be licensed by the Town in accordance with § 282-8 of this article and must include the following:
(1) 
It must be located on a minimum twenty-acre site which shall be zoned commercial. The site itself must be shielded from view from public roads and set back a minimum of 80 feet from adjacent property lines.
(2) 
A certification from the Wisconsin Department of Natural Resources to dismantle CFC-coolant-containing appliances.
(3) 
No more than one semi-truck load of tires (1,500 tires) can be stored on site. Storage of more than 1,500 tires shall require a tire storage and processing license from the State of Wisconsin. Additionally, tires shall be shipped to a permitted processing facility on a regular basis.
(4) 
Used automotive batteries shall be safely stored and shipped regularly for recycling.
(5) 
Fuel tanks that have not been properly and safely inerted, cleaned and cut open prior to shipment to the facility cannot be accepted unless the facility and operator are certified by the State of Wisconsin.
(6) 
All liquids must be properly handled and properly disposed of off site. All accidental spills of liquids shall be reported to the Wisconsin DNR immediately. No solid, liquid, or hazardous wastes may be disposed of on site.
(7) 
No open burning of solid or liquid waste is permitted.
(8) 
The perimeter of recyclable collection areas shall have an eight-foot-high chain link fence, topped with a standard barbed wire barrier and installed with a locking gate, across the entrance to the collection areas and constructed of the same materials as the fence.
(9) 
Liquid containment. A minimum 1,600-square-foot concrete ground structure will be constructed with an interior taper to the center with a drain to a non-porous holding tank for containment of spillage or leaking of batteries, vessels, etc., containing liquid contaminants shall be stored on this liquid containment structure.
(10) 
Insurance/bonding. The following insurance and bonding prerequisites are required for materials recovery facilities or recycling operations:
(a) 
In addition to workers' compensation insurance, the facility operator shall carry public liability insurance with limits of not less than $500,000 for bodily injury, including accidental death to any one person and not less than $1,000,000 for each accident.
(b) 
Before commencement of facility operation, the operator shall provide the Town with evidence of insurance consistent with the requirements specified above. The Town shall be listed as a co-insured party.
(c) 
All insurance policies carried by the facility operator, required by this article, shall bear an endorsement or shall have attached thereto a rider providing that in the event of cancellation of such policies for any reason whatsoever, the Town shall be notified, in writing, by the carrier and facility operator by mail at least 30 days prior to any such cancellation.
(d) 
A $500,000 bond shall be supplied by the facility operator to cover the costs of any adverse environmental problems caused by the operations.
G. 
Haulers by license agreement with the Town will collect and market recyclable materials or dispose of same at facilities licensed to receive same.
A. 
Waste haulers.
(1) 
Waste haulers collecting from three or more residents or commercial establishments, buildings containing three or more dwelling units, industrial facilities operating in the Town will hold a current Wisconsin State License for Solid Waste Collection and Transport Services and will be licensed by the Town Board.
(2) 
License periods will be for one year at a time, commencing on January 1, 1994.
(3) 
License fee. Annual license fee will be as designated and collected by the county.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Materials recovery and recycling operations.
(1) 
Operators of these facilities in the Town shall hold all required current State of Wisconsin permits and shall be licensed by the Town Board.
(2) 
License periods will be for five years at a time.
(3) 
License fee shall be as set and collected by the county for the license period.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Occupants of single-family residences, building containing two or more dwelling units, nonresidential facilities and governmental facilities shall separate recyclables from refuse. These materials include, but may not be limited to: lead acid batteries, major appliances, waste oil, yard waste, aluminum containers, bimetal containers, corrugated paper or other container board, foam polystyrene packaging, glass containers, magazines and other materials printed on similar paper, newspaper and other materials printed on newsprint, office paper, rigid containers, including those made of PETE (#1), HDPE (#2), PVC (#3), LDPE (#4), PP (#5), PS (#6), and other resins or multiple resins (#7), steel containers, waste tires.
A. 
Separation requirements exempted. The separation requirements above do not apply to the following:
(1) 
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 DNR that recovers the materials specified above from solid waste in as pure a form as is technically feasible.
(2) 
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.
(3) 
A recyclable material for which a variance has been granted by the Wisconsin DNR under § 287.11(2m), Wis. Stats., or § NR 544.14 of the Wisconsin Administrative Code.
B. 
Care of recyclable materials. To the greatest extent practicable, the recyclable materials separated in accordance with the above 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.
C. 
Recyclables will be deposited in proper containers provided at the approved dropoff site or they can be collected by waste haulers licensed by the Town.
(1) 
Used residential motor oil (noncommercial) shall be dropped off at the collection facility provided by the Town.
(2) 
Yardwaste. § 282-5: To be taken to the old Town disposal site off of Hwy 51 on Schuman Road or other Town approved site.
D. 
Owners of multifamily dwellings, recreational rentals, campgrounds, resorts or apartment buildings, commercial retail, industrial and governmental facilities in the Town must either take their waste to separation facilities or encourage occupants to recycle wastes. Those choosing the latter must provide a Town-approved method for achieving the requirements.
E. 
Prohibitions on disposal of recyclable materials separated for recycling. No person may dispose of in a solid waste facility or burn in a solid waste facility any aluminum containers, bimetal containers, corrugated paper or other container board, foam polystyrene packaging, glass containers, magazines, newspaper, office paper, rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins, steel containers or waste tires which have been separated for recycling, except waste tires which may be burned with energy recovery in a solid waste treatment facility.
F. 
No dumping.
G. 
Only transparent bags (see-through) are permitted so that items inside are recognizable.
Fees charged for waste and recyclable collection shall be reasonable.
A. 
Licensed haulers in the Town shall provide quarterly reports to the Town allowing the Clerk to provide the necessary timely reports to the state.
B. 
Reports will include a description of the hauler's system for processing and marketing recyclable materials.
C. 
Reports will include waste tonnages from the Town of Arbor Vitae households only according to the following:
(1) 
Number of Town households served, including seasonal.
(2) 
Tons of nonrecyclable refuse disposed of in licensed landfills.
(3) 
The amount of recyclable materials collected, including newspaper, corrugated paper, magazines, plastic containers, glass containers, foam PS packaging.
D. 
Reports will include the hauler's schedule of fees for collecting refuse and recyclables. It is not the intent of the Town to impose fee requirements, but instead to review and determine if the "reasonable" requirement of § 282-10 above has been met.
A. 
The Town shall comply with Vilas County Ordinances, Wisconsin Statutes and Administrative rules pertaining to refuse and recycling materials to the best of its ability.
B. 
License agreements with waste haulers and waste and recyclable facility operators shall require that said haulers comply with all federal, state, and local statutes, ordinances and administrative rules.
C. 
License agreements with waste haulers and materials recovery facility, waste facility and recyclable facility operators shall include assurances sufficient to allow the Town to properly report recycling action to the state.
A. 
For the purpose of ascertaining compliance with the provisions of this article, any authorized officer, employee or representative of the Wisconsin Department of Natural Resources, authorized officer, employee or representative of Vilas County, authorized officer, employee or representative of the Town of Arbor Vitae may inspect recyclable materials separated for recycling, post-consumer waste intended for disposal, recycling collection sites and facilities and properties. Licensed haulers in the Town may inspect the same said materials of their clients. Any records relating to recycling activities shall be kept confidential when necessary to protect proprietary information. No person may refuse access to any said authorized person who requests access for purpose 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 the Vilas County District Attorney's office following a complaint issued by the Town Chairperson of the Town of Arbor Vitae 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 § 282-9E of this article may be required to forfeit such fines to and as designated by the county.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D. 
Citations will be issued to a resident served by a hauler upon receipt, in writing, from the hauler a statement of violation facts. The hauler will also supply the Town Clerk with the name and address of the violator.
E. 
Penalty to licensed hauler and/or waste or recyclable facility operator: If the Town Board determines that a hauler or operator of a waste or recyclable facility is not engaging in a good-faith effort to enforce the provisions of this article or that its waste collection system does not promote the separation and recycling of recyclable materials, the Town Board may suspend, limit or revoke the license agreement.
If any section, subsection, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional by reason of any decision of any court of competent jurisdiction, such decision shall not affect the validity of the other section, subsection, sentence, clause or phrase or portion of each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions may be declared invalid or unconstitutional.[1]
[1]
Editor's Note: Original Section XVI, Additions, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).