Town of Koshkonong, WI
Jefferson County
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Table of Contents
Table of Contents
[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 requirements of this chapter apply to all persons in the Town of Koshkonong.
The provisions of this chapter shall be administered by the Town Board of the Town of Koshkonong or its designee.
The provisions of this chapter shall take effect on September 30, 1994.
The owner or occupant of each residence, residential unit, place of business, industry, institution or other place providing foods or services of any type shall cooperate in the recycling of recyclable material by performing the following:
A. 
Except as provided in Subsections B and C below hereafter, all recyclable material shall be separated from other solid waste. Recyclable materials shall be placed in appropriate recycling containers for collection in the same manner as regular solid waste according to the collection schedule. Recyclables shall not be placed in containers with solid waste.
B. 
Newspapers and mixed paper shall be placed in the appropriate container and placed at the curb with solid waste on the designated collection date for collection by the Town's solid waste collector. Bundles or separated newspapers shall not be placed in containers with solid waste. No newspapers or mixed paper, except contaminated paper or paper otherwise rendered useless for recycling purposes, shall be disposed of with solid waste.
C. 
Owners of multifamily dwellings and commercial properties must contract separately with the hauler of their choice for garbage and recycling hauling and disposal services. Owners of such properties, shall notify tenants or employees as to the requirements of this Town of Koshkonong recycling ordinance, including, but not limited to, the preparation of recyclable materials in order to meet the processing requirements of this chapter, and the prohibition for the placement of recyclables in containers with solid waste.
D. 
Rimless tires, lead-acid batteries, and used oil shall be kept separate from other solid waste materials and shall be placed for collection in the same manner as regular solid waste on the designated collection date. These items may also be recycled at private businesses where they are purchased or at private recycling centers.
E. 
Owners of nonresidential facilities must provide separate containers for recyclable materials and regular collection of those containers, and must notify all users of these facilities semiannually of reasons to reduce and recycle, which materials are collected, how to prepare recyclable materials in order to meet the processing requirements of the responsible unit's or out-of-state unit's recycling program, collection methods or sites, locations and hours of operation, and a contact person or company, including a name, address and telephone number.
F. 
All nonresidential facilities and multifamily dwellings shall have on file with the Town a description of their individual recycling programs. The Town may conduct annual audits and inspections to insure compliance with this recycling chapter.
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 specified in § 466-9 from solid waste in as pure a form as is technically feasible.
[Amended 3-13-2019 by Ord. No. 1]
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 of these occupants specified in § 466-9 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 the above variances from the DNR under § 287.11(2m), Wis. Stats., or its successor provision, and the Town Board does not require separation of this recyclable material 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.
A. 
Construction and/or demolition materials, such as large amounts of stone, concrete, lumber, roofing materials, earth or sod.
B. 
Containers per contract.
[Amended 3-13-2019 by Ord. No. 1]
C. 
Tree stumps, roots, and shrubs with intact root balls over six inches in diameter and/or greater than 40 pounds.
D. 
Hazardous, toxic and infectious waste.
E. 
Yard waste.
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.
No items which have been separated for recycling shall be disposed of in a solid waste disposal facility or burned in a solid waste treatment facility.
A. 
Forfeiture. Any person, owner, occupant, corporation, person in charge or operator who shall violate any provision of this chapter shall, upon conviction, be subject to the penalties provided in § 1-3, General penalty. Each day or incident of violation shall be deemed a separate offense.
[Amended 3-13-2019 by Ord. No. 1]
B. 
Noncollection. The Town's collector shall refuse to pick up any solid waste containing recyclable material not separately contained or bundled as provided in this chapter.
C. 
Inspection. For the purpose of ascertaining compliance with the provisions of Ch. NR 544, Wis. Adm. Code, or its successor chapter and compliance with this chapter, any authorized officer, employee or representative of the Town may, pursuant to § 66.0119, Wis. Stats., or its successor chapters, and pursuant to Ch. NR 544, Wis. Adm. Code, or its successor provisions, inspect recyclable materials in the Town separated for recycling, inspect post-consumer waste in the Town intended for disposal, inspect any recyclable material collection locations and any other collection facilities, and collection vehicles in the Town, including any collection areas for single-family, two to four residential dwelling units, multiple-family dwelling units and nonresidential facilities and properties that are controlled by any occupants, any contractor of the Town any permittee collector, or any other person participating in any recycling activity in the Town, any solid waste disposal facilities and solid waste treatment facilities and, in addition, inspect any records relating to recyclable material activities of any occupants, any contractor for the Town, any permitted collectors or other persons in the Town. These records shall be kept confidential by the Town Board when necessary to protect proprietary information.
D. 
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. Such appliances shall 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.