[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]
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.
BIMETAL CONTAINER
CONTAINER BOARD
DROPOFF POINT
FOAM POLYSTYRENE
HAULERS
HDPE
LDPE
MAGAZINES
MAJOR APPLIANCE
MATERIALS RECOVERY FACILITY
MULTIPLE-FAMILY DWELLING
NEWSPAPER
NONRESIDENTIAL FACILITIES AND PROPERTIES
OFFICE PAPER
OTHER RESINS or MULTIPLE RESINS
PERSON
PETE
RECYCLABLE MATERIALS
REFUSE
RESIDENT
WASTE
WASTE FACILITY
WASTE TIRE
YARD WASTE
As used
in this article, 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.
A location licensed for the receipt of waste and/or recyclable
materials.
Packaging made primarily from foam polystyrene that satisfies
one of the following criteria:
The term "haulers" refers to waste, refuse, and/or recyclables
collectors licensed by the Town of Arbor Vitae to operate within the
Town.
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, oven, refrigerator,
stove, TV, humidifier, dehumidifier, copy machine or computer.
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.
A property containing five or more residential units, including
those which are occupied seasonally.
A newspaper and other materials printed on newsprint.
Commercial, retail, industrial, institutional, and governmental
facilities and properties. This term does not include multiple-family
dwellings.
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.
Plastic resins labeled by SPI code #7.
Any individual, corporation, partnership, association, local
governmental unit, as defined in § 66.0131(1)(a), Wis. Stats.,
state agency or authority, or federal agency.
Polyethylene terephthalate, labeled by the SPI code #1.
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.
All materials legally accepted for landfilling at licensed
landfills.
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.
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.
Is for handling or storing waste as defined above for future
disposal. This does not include vehicles used by haulers.
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.
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.
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:
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.
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]
