[HISTORY: Adopted by the Town Board of the Town of Koshkonong as Title 8, Ch. 3, of the 1996 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Open burning — See Ch. 225.
Littering — See Ch. 338.
Nuisances — See Ch. 391.
For the purpose of this chapter:
BIMETAL CONTAINER
A container for carbonated malt beverages that is made primarily of a combination of steel and aluminum.
COLLECTOR or HAULER
The person authorized by the Town Board to collect, transport, and dispose of garbage, rubbish, solid waste, or recyclable material.
CONTAINER BOARD
Corrugated paperboard used in the manufacture of shipping containers and related products.
GREEN BOX RECYCLABLE MATERIAL FACILITY
Recyclable material containers placed by the Town, its agents or its contractor(s) to be used by the service recipients in the Town for the temporary collection of recyclable material.
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, boilers, humidifiers, clothes washer, dishwasher, freezer, microwave oven (with capacitor removed), oven, refrigerator or stove.
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 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.
OTHER RESINS or MULTIPLE RESINS
Plastic resins labeled by the 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.
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 by the SPI Code #5.
PS
Polystyrene, labeled by the SPI Code #6.
PVC
Polyvinyl chloride, labeled by the SPI Code #3.
RECYCLABLE MATERIALS
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.
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 woody vegetative material no greater than six inches in diameter. This term does not include stumps, roots or shrubs with intact root balls.
The title of this chapter is the Town of Koshkonong "Recycling Ordinance."
A. 
The purpose of this chapter is to promote recycling, composting and resource recovery through the administration of an effective recycling program in the Town and to allow the Town to comply with Chapter 287, Wis. Stats., and Ch. NR 544, Wis. Adm. Code, or their successor provisions.
B. 
In addition, the purpose of this chapter is to protect the public health and safety of the occupants of the Town by providing certain recyclable material, waste and other material collection, storage, treatment, processing and disposal regulations, as authorized and provided in § 287.09(2) and 287.11, Wis. Stats., and Ch. NR 544, Wis. Adm. Code, or their successor provisions.
This chapter is adopted as authorized under § 287.09(3)(b), Wis. Stats., or its successor provision. Any changes in the State of Wisconsin's recycling laws or statutory requirements relative to qualifications for State grant applications shall be deemed immediately adopted and incorporated into this chapter.
In their interpretation and application, the provisions of this chapter shall be held to 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, or its successor chapter and where the ordinance provision is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and Ch. NR 544, Wis. Adm. Code, standards or its successor chapter in effect on the date of the adoption of this chapter, or in effect on the date of the most recent text amendment to this chapter.
The provisions of this chapter shall be administered by the Town Board of the Town of Koshkonong or its designee.
[Amended 2-11-2026 by Ord. No. 20260211-2]
The owner or occupant of each single-family residence, two-to-four-unit residence, multiple-family dwelling, and nonresidential facility or property shall keep the recyclable materials listed in § 466-9B separate from solid waste and manage them as provided in this chapter.
A. 
General separation requirement. Except as provided in § 466-10, all recyclable materials shall be kept separate from other solid waste by the owner or occupant of each single-family residence, two-to-four-unit residence, multiple-family dwelling, and nonresidential facility or property in the Town of Koshkonong. Recyclable materials shall be placed in appropriate recycling containers for collection or delivered to a designated drop-off site, as provided by this chapter and by policies adopted by the Town Board. Recyclables may not be placed in containers with solid waste.
B. 
Materials to be separated. The following materials shall be separated from post-consumer waste and managed as recyclables:
(1) 
Lead-acid batteries.
(2) 
Major appliances.
(3) 
Waste oil.
(4) 
Yard waste.
(5) 
Aluminum containers.
(6) 
Bi-metal containers.
(7) 
Corrugated paper or other container board.
(8) 
Foam polystyrene packaging.
(9) 
Glass containers.
(10) 
Magazines.
(11) 
Newspaper.
(12) 
Office paper.
(13) 
Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS and other resins or multiple resins.
(14) 
Steel containers.
(15) 
Waste tires.
C. 
Single-family and two-to-four-unit residences receiving Town collection. For single-family residences and two-to-four-unit residences that receive Town-provided collection service:
(1) 
Recyclable materials shall be prepared and placed in recycling containers as directed by the Town or its contracted collector and according to the published collection schedule.
(2) 
Newspapers, mixed paper, and other paper products designated by the Town shall be placed in the appropriate recycling container and set out for collection on the designated date. Newspapers and mixed paper may not be placed in containers with solid waste.
(3) 
Recyclable materials that are not prepared or placed for collection in accordance with this chapter or the Town's written instructions may be refused by the collector.
D. 
Care of separated recyclable materials. To the greatest extent practicable, recyclable materials shall be kept reasonably clean and free of contaminants such as food residue, oil or grease, or non-recyclable materials. Recyclables shall be stored and set out in a manner that protects them from wind, rain, and other weather conditions and does not create a nuisance.
E. 
Management of lead-acid batteries, major appliances, waste oil and yard waste. Lead-acid batteries, major appliances, waste oil and yard waste shall be kept separate from other solid waste. The Town Board may by resolution establish whether these materials are collected at the curb, by appointment, at drop-off sites, or through direction to private vendors or facilities. Information on how residents shall manage these materials shall be made available through the Town's public information and education program.
F. 
Responsibilities of owners or designated agents of multiple-family dwellings.
(1) 
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials identified in Subsection B:
(a) 
Provide adequate, separate containers for recyclables that are sufficient in number and capacity to prevent recyclables from overflowing between collections.
(b) 
Provide for regular collection of separated recyclables and delivery to a recycling facility or drop-off site.
(c) 
Notify tenants in writing, at the time of renting or leasing and at least semi-annually thereafter, about the established recycling program, including which materials are collected, how to prepare them, and where and how they are collected or delivered.
(2) 
Owners or designated agents of multiple-family dwellings that send their post-consumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources which recovers the materials listed in Subsection B from solid waste in as pure a form as is technically feasible are exempt from the requirements in Subsection F(1), to the extent allowed by state law.
G. 
Responsibilities of owners or designated agents of nonresidential facilities and properties.
(1) 
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials identified in Subsection B:
(a) 
Provide adequate, separate containers for recyclables that are sufficient in number and capacity to prevent recyclables from overflowing between collections.
(b) 
Provide for regular collection of separated recyclables and delivery to a recycling facility or drop-off site.
(c) 
Notify all users, tenants and occupants of the facility or property, at least semi-annually, about the established recycling program, including which materials are collected, how to prepare them, and where and how they are collected or delivered.
(2) 
Owners of nonresidential facilities and properties that send their post-consumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources which recovers the materials listed in Subsection B from solid waste in as pure a form as is technically feasible are exempt from the requirements in Subsection G(1), to the extent allowed by state law.
H. 
Recycling program information on file; audits. Owners of multiple-family dwellings and nonresidential facilities and properties shall have on file with the Town a description of their individual recycling programs. The Town may conduct audits and inspections to determine compliance with this chapter.
[Amended 3-13-2019 by Ord. No. 1; 2-11-2026 by Ord. No. 20260211-2]
The separation requirements of § 466-9 do not apply to any occupants of the Town regarding 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 Resources that recovers the materials listed in § 466-9B from solid waste in as pure a form as is technically feasible.
B. 
Solid waste from these occupants 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 as specified in § 466-9B for which a variance has been granted to the Town by the Department of Natural Resources under § 287.11(2m), Wis. Stats., or § NR 544.14, Wis. Adm. Code, or their successor provisions.
D. 
A recyclable material for which the Town Board has obtained a variance described in Subsection C and for which the Town Board does not require separation from post-consumer waste.
A. 
The Town Board and Town's collector shall establish the time of collection of solid waste, including recycling materials, and the Town shall publish the collection schedule at least twice a year and, in addition, at any time the collection schedule is changed.
B. 
Solid waste containers and recycling containers shall be placed as herein required at the required collection point not sooner than 4:00 p.m. of the day before the regularly-scheduled collection and by 6:00 a.m. of the collection day, and no person shall permit solid waste or containers thereof to accumulate or remain at the curbline after 7:00 p.m. of the regularly scheduled collection time or until serviced.
[Amended 3-13-2019 by Ord. No. 1]
A. 
Except as specifically directed or authorized by the Town under Subsection B, solid waste and recycling containers from all residential premises shall be placed not more than five feet from the curbline or travel portion of road adjacent to the road designated in the published collection schedule. In addition, solid waste containers and recycling containers shall be placed five feet apart.
B. 
The Town may direct or authorize the placing of solid waste and recycling containers in a manner different from the manner provided herein in order to facilitate a more reasonable mode of collection from particular premises.
A. 
All garbage or rubbish placed for collection shall be well drained, wrapped and deposited in watertight containers or watertight bags as per the current contract.
[Amended 3-13-2019 by Ord. No. 1]
B. 
Any garbage or rubbish not placed for collection in accordance with the provisions of this section may be refused by the collector.
A. 
No person shall place any garbage on any street, alley, sidewalk or other public or private property unless the same shall be placed in containers or bags for Town collection at the times and in the manner as herein provided.
B. 
No person shall place for collection any solid waste at the curbline or alley adjacent to any premises not owned or occupied by such person or dispose of waste at any unauthorized site.
The Town, with the assistance of the recycling committee, and the designated recycling contractor, shall conduct an ongoing public information and consumer and youth education program concerning local and state recycling and waste reduction efforts.
[Amended 2-11-2026 by Ord. No. 20260211-2]
No person may dispose of in a solid waste disposal facility, or burn in a solid waste treatment facility, any of the recyclable materials listed in § 466-9B, except that waste tires may be burned with energy recovery in a solid waste treatment facility as permitted by state law.
[Amended 3-13-2019 by Ord. No. 1; 2-11-2026 by Ord. No. 20260211-2]
A. 
Forfeitures.
(1) 
Any person, owner, occupant, corporation, person in charge, or operator who violates § 466-17 shall, upon conviction, be required to forfeit:
(a) 
Not less than $50 nor more than $500 for a first violation.
(b) 
Not less than $200 nor more than $1,000 for a second violation.
(c) 
Not less than $200 nor more than $2,000 for a third or subsequent violation.
(2) 
Any person who violates any other provision of this chapter shall, upon conviction, be required to forfeit not less than $10 nor more than $1,000 for each violation, together with the costs of prosecution.
(3) 
Each day or incident of violation constitutes a separate offense. These penalties are in addition to any other remedies or penalties provided in § 1-3, General penalty, of the Town Code.
B. 
Noncollection. The Town's collector shall refuse to collect any solid waste that contains recyclable materials which have not been separated and prepared as required by this chapter.
C. 
Inspection authority. For the purpose of determining compliance with this chapter and with Ch. NR 544, Wis. Adm. Code, any authorized officer, employee, or representative of the Town may inspect recyclables separated for recycling, post-consumer waste intended for disposal, recyclable material collection locations, collection vehicles, multiple-family dwellings, nonresidential facilities and properties, and records related to recycling activities. Records shall be kept confidential when necessary to protect proprietary information, consistent with state law. No person may refuse such access or inspection when presented with appropriate identification and credentials.
D. 
Citations. Any person who violates a provision of this chapter may be issued a citation by an authorized officer, employee, or representative of the Town. Issuance of a citation does not preclude proceeding under any other ordinance or law relating to the same or any other matter, and proceeding under any other ordinance or law does not preclude issuance of a citation under this section.
E. 
Prohibited major appliance disposal. Notwithstanding any other provisions in the Town of Koshkonong Code of Ordinances, major appliances may not be disposed of at any landfill in the Town of Koshkonong. Major appliances include residential or commercial air conditioners, clothes dryers, clothes washers, dishwashers, freezers, microwave ovens (unless the capacitor has been removed), ovens, refrigerators, stoves, boilers, residential and commercial furnaces, dehumidifiers, and water heaters.
[Amended 3-13-2019 by Ord. No. 1]
The Town Board will annually review the amounts paid for garbage and recycling hauling and disposable services and allocate the same to all residential properties in the Town of Koshkonong, regardless of whether their usage and occupancy is year-round or seasonal. Such assessment shall be placed in equal amounts on all such residential tax bills. The assessments for each year shall be made and contained on the tax bills issued each December for the preceding year, such that the initial assessment levied in December 2018, shall be for the 2018 calendar year.