The purpose of this chapter is to promote recycling, composting
and resource recovery through the administration of an effective recycling
program, as provided in Ch. 287, Wis. Stats., and Ch. NR 544, Wis.
Adm. Code.
This chapter is adopted pursuant to § 287.09, Wis.
Stats.
The provisions of this chapter shall be administered by the
Public Works Director.
As used in this chapter, 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.
COMMERCIAL WASTE
Any refuse that is accumulated in or upon property used for
wholesale or retail commercial purposes.
CONTAINER BOARD
Corrugated paperboard used in the manufacture of shipping
containers and related products.
FOAM POLYSTYRENE PACKAGING
Packaging made primarily from form polystyrene that satisfies
one of the following criteria:
A.
Is designed for serving food or beverages.
B.
Consists of loose particles intended to fill space and cushion
the packaged article in a shipping container.
C.
Consists of rigid materials shaped to hold and cushion the packaged
article in a shipping container.
GARBAGE
All kinds of organic kitchen waste resulting from the preparation
of food, and all decayed food products from any source whatsoever.
HDPE
High-density polyethylene, labeled by the SPI code No. 2.
INDUSTRIAL WASTE
Any refuse that is accumulated in or upon property used for
manufacturing or industrial purposes.
LDPE
Low-density polyethylene, labeled by the SPI code No. 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, furnaces, boilers, heat exchanger, dishwashers and water heaters.
MULTIPLE-FAMILY DWELLING
A property having three or more residential units, including
those which are occupied seasonally.
NEWSPAPER
A newspaper and other materials printed on newsprint.
OFFICE PAPER
High-grade printing and writing papers from offices in nonresidential
facilities and properties. Printed white ledger and computer printout
are examples of office paper generally accepted as high-grade.
PERSON
Includes any individual, corporation, partnership, association,
local governmental unit, as defined in § 66.0131, Wis. Stats.,
state agency or authority or federal agency.
PETE
Polyethylene terephthalate, labeled by the SPI code No. 1.
PLASTIC CONTAINER
An individual, separate, rigid plastic bottle, can, jar or
carton, except for a blister pack, that is originally used to contain
a product that is the subject of a retail sale.
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(35),
Wis. Stats.
PP
Polypropylene, labeled by the SPI code No. 5.
PS
Polystyrene, labeled by the SPI code No. 6.
PVC
Polyvinyl chloride, labeled by the SPI code No. 3.
RECYCLABLE MATERIALS
Includes lead acid batteries; major appliances; waste oil;
hard 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 waste matter such as ashes, tin cans, glass, paper, rags,
garden refuse, and other items of a similar nature, but shall not
include leaves, trees, tree limbs, earth, stone, sewage, demolition
material or manure.
SOLID WASTE
Has the meaning specified in § 289.01(33), 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.
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.
Solid waste and recyclables generated in the City shall be disposed
of at sites approved by the Wisconsin Department of Natural Resources
or other approval agency.
The following recyclable materials shall be separated from post-consumer
waste:
G. Corrugated paper or other container board.
H. Foam polystyrene packaging.
M. Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and
other resins or multiple resins.
The separation requirements of §
518-13 of this chapter do not apply to the following:
A. Solid waste and recyclables processed at a processing facility licensed
by the Wisconsin Department of Natural Resources that recovers the
materials from solid waste in as pure a form as is technically feasible.
B. 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.
C. A recyclable material specified in §
518-13 for which a variance has been granted by the Department of Natural Resources under § 287.11(2m), Wis. Stats., or § NR 544.14, Wis. Adm. Code.
To the greatest extent practicable, the recyclable materials separated in accordance with §
518-13 of this chapter 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.
In their interpretation and application, the provisions of this
chapter 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 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, 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 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.
Should any portion of this chapter be declared unconstitutional
or invalid by a court of competent jurisdiction, the remainder of
this chapter shall not be affected.
It is not intended by this chapter to repeal, abrogate, annul,
impair or interfere with any existing rules, regulations, ordinances
or permits previously adopted or issued pursuant to law. However,
whenever this chapter imposes greater restrictions, the provisions
of this chapter shall apply.