[HISTORY: Adopted by the Town Board of the Town of Koshkonong
as Title 8, Ch. 3, of the 1996 Code. Amendments noted where applicable.]
For the purpose of this chapter:
A container for carbonated malt beverages that is made primarily
of a combination of steel and aluminum.
The person authorized by the Town Board to collect, transport,
and dispose of garbage, rubbish, solid waste, or recyclable material.
Corrugated paperboard used in the manufacture of shipping
containers and related products.
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.
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,
boilers, humidifiers, clothes washer, dishwasher, freezer, microwave
oven (with capacitor removed), oven, refrigerator or stove.
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 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.
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.
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.
Polypropylene, labeled by the SPI Code #5.
Polystyrene, labeled by the SPI Code #6.
Polyvinyl chloride, labeled by the SPI Code #3.
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.
Has the meaning specified in § 289.01(35), Wis.
Stats.
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 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.
