Village of Maple Bluff, WI
Dane County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Maple Bluff 5-14-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was adopted as Ch. 187, but was renumbered to maintain the organization of the Code.
This chapter shall be known as "Recycling Ordinance for the Village of Maple Bluff, Wisconsin."
The purpose of this chapter is to promote recycling, composting and resource recovery through the administration of an effective recycling program, as provided in § 287.11, Wis. Stats., and Chapter NR 544, Wis. Adm. Code.
This chapter is adopted pursuant to the authorization in § 287.09(3)(b), Wis. Stats.
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.
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 Chapter NR 544, Wis. Adm. Code, and where the ordinance 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 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.
The requirements of this chapter apply to all persons within the Village of Maple Bluffs jurisdiction.
The provisions of this chapter shall be administered by the Village Administrator or a representative of the administrator.
Occupants of single-family residences, two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties shall separate the following materials from postconsumer waste:
A. 
Lead acid batteries.
B. 
Major appliances.
C. 
Waste oil.
D. 
Yard waste.
E. 
Waste tires.
F. 
Aluminum containers.
G. 
Bimetal containers.
H. 
Corrugated paper or other container board.
I. 
Foam polystyrene packaging.
J. 
Glass containers.
K. 
Magazines.
L. 
Newspaper.
M. 
Office paper.
N. 
Plastic containers.
O. 
Steel containers.
The separation requirements of § 180-9 do not apply to the following:
A. 
Occupants of single-family, two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties that send their postconsumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 180-9 from solid waste in as pure a form as is technically feasible.
B. 
Solid waste which is burned as a supplement fuel at a facility if less than 30% of the heat input to the facility is derived from the solid waste burned as supplement fuel in accordance with § 287.07(7)(bg), Wis. Stats.
C. 
A recyclable material specified in § 180-9E through O 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 § 180-9 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.
Occupants of single-family, two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties shall manage lead acid batteries, major appliances, waste oil and yard waste as follows:
A. 
Lead acid batteries shall be placed at the curb edge on the day of solid waste collection and a Village staff person shall collect the battery.
B. 
Major appliances shall be placed at the curb edge after an appliance disposal tag/sticker has been placed on the item for pickup.
C. 
Waste oil shall be placed at the curb edge on the day of solid waste collection and a Village staff person shall collect the oil which shall be placed in a leak proof container with a lid.
D. 
Yard waste shall be placed in separate, manageable piles and kept out and away from solid waste as well as recyclable material so that the Village Public Works staff can collect it on a weekly basis.
Except as otherwise directed by the Village Administrator, occupants of single-family and two- to four-unit residences shall do the following for the preparation and collection of the separated materials specified in § 180-9E through O. These items listed will be placed within the recycling cart that is provided by the Village recycling contractor. If those items will not fit into the container then the resident shall contact the Village's contractor to make arrangements for a "special" pick up at the resident's cost:
A. 
Aluminum containers shall be placed into the recycling cart and set out for collection not sooner than 24 hours prior to the regularly scheduled collection time.
B. 
Bimetal containers shall be placed into the recycling cart and set out for collection not sooner than 24 hours prior to the regularly scheduled collection time.
C. 
Corrugated paper or other container board shall be placed into the recycling cart and set out for collection not sooner than 24 hours prior to the regularly scheduled collection time.
D. 
Foam polystyrene packaging shall be placed into the recycling cart and set out for collection not sooner than 24 hours prior to the regularly scheduled collection time.
E. 
Glass containers shall be placed into the recycling cart and set out for collection not sooner than 24 hours prior to the regularly scheduled collection time.
F. 
Magazines shall be placed into the recycling cart and set out for collection not sooner than 24 hours prior to the regularly scheduled collection time.
G. 
Newspaper shall be placed into the recycling cart and set out for collection not sooner than 24 hours prior to the regularly scheduled collection time.
H. 
Office paper shall be placed into the recycling cart and set out for collection not sooner than 24 hours prior to the regularly scheduled collection time.
I. 
Plastic containers shall be prepared and collected and placed into the recycling cart and set out for collection not sooner than 24 hours prior to the regularly scheduled collection time.
J. 
Steel containers and metal shall be placed next to the trash can so that a Village staff person can collect it. The Village will take the metal to recycle using another vendor, please do not place metal into your solid waste trash or the recycle cart.
K. 
Waste tires shall be set out for collection not sooner than 24 hours prior to the regularly scheduled collection time or solid waste collection. A Village staff person shall collect tires after a fee has been paid. See the appliance disposal fee list for fees.
A. 
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 180-9E through O:
(1) 
Provide adequate, separate containers for the recyclable materials.
(2) 
Notify tenants in writing at the time of renting or leasing the dwelling and at least semi-annually thereafter of how to appropriately recycle recyclable materials.
(3) 
Provide for the collection of recyclable materials separated from the solid waste by the tenants and the delivery of the recyclable materials to a recycling facility.
(4) 
Notify tenants of reasons to reduce and recycle solid waste, which materials are collected, how to prepare the materials in order to meet the processing requirements, collection methods or sites and locations and hours of operation of drop-off collection sites for recyclable materials not collected on-site, including a contact person or company, address and telephone number.
B. 
The requirements specified in Subsection A(1) through (4) do not apply to the owners or designated agents of multiple-family dwellings if the postconsumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in § 180-9E through O from solid waste in as pure a form as is technically feasible.
A. 
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in § 180-9E through O:
(1) 
Provide adequate, separate containers for the recyclable materials.
(2) 
Notify in writing, at least semi-annually, all users, tenants and occupants of the facilities and properties about the established recycling program.
(3) 
Provide for the collection of recyclable materials separated from the solid waste by the users, tenants and occupants and the delivery of the recyclable materials to a recycling facility.
(4) 
Notify users, tenants and occupants of reasons to reduce and recycle, which materials are collected, how to prepare materials in order to meet the processing requirements, collection methods or sites and locations and hours of operation of drop-off sites for recyclable materials not collected on-site, including a contact person or company, address and telephone number.
B. 
The requirements specified in Subsection A(1) through (4) do not apply to the owners or designated agents of nonresidential facilities and properties if the postconsumer waste generated within the facility or property is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in § 180-9E through O from solid waste in as pure a form as is technically feasible.
No person may dispose of in a solid waste disposal facility or burn in a solid waste treatment facility any of the materials specified in § 180-9E through O which have been separated for recycling as part of the established recycling program, except waste tires may be burned with energy recovery in a solid waste treatment facility.
A. 
For the purpose of ascertaining compliance with the provisions of this chapter, any authorized officer, employee or representative of the Village of Maple Bluff may inspect recyclable materials separated for recycling, postconsumer waste intended for disposal, recycling collection sites and facilities, collection vehicles, collection areas of multiple-family dwellings and nonresidential facilities and properties and any records relating to recycling activities, which shall be kept confidential when necessary to protect proprietary information. No person may refuse access to any authorized officer, employee or authorized representative of the Village of Maple Bluff who requests access for purposes of inspection, and who presents appropriate credentials. No person may obstruct, hamper or interfere with such an inspection.
B. 
Any person who shall violate § 180-14A(3), 180-15A(3) or 180-16 may be required to forfeit $50 for a first violation, may be required to forfeit $200 for a second violation, may be required to forfeit not more than $2,000 for a third or subsequent violation and may be issued a citation for a violation of the ordinance pursuant to § 66.0113, Wis. Stats.
C. 
Any person who shall violate any provision of this chapter, except those provisions outlined in § 180-17B, shall be subject to a penalty as provided in § 1-4 of this Municipal Code and may be issued a citation for a violation of the ordinance pursuant to § 66.0113, Wis. Stats.
For the purpose of this chapter:
BIMETAL CONTAINER
A container for beverages, including carbonated and malt beverages, that is made primarily of a combination of steel and aluminum.
CONTAINER BOARD
Corrugated paperboard used in the manufacture of shipping containers and related products.
DESIGNATED AGENT
Any person who, on behalf of or by agreement with the owner or operator of a multifamily dwelling or a nonresidential facility or property, provides goods or services at that location.
FOAM POLYSTYRENE PACKAGING
Packaging made primarily from foam 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.
GLASS CONTAINER
A glass bottle, jar or other packaging container used to contain a product that is the subject of a retail sale and does not include ceramic cups, dishes, oven ware, plate glass, safety and window glass, heat resistant glass, such as pyrex, lead based glass, such as crystal, or TV tubes.
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, furnace, boiler, dehumidifier, water heater 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 government facilities and properties. This term includes any location at which goods or services are provided or manufactured, including locations under construction, demolition or remodeling, or used for special events such as, but not limited to, fairs, festivals, sport venues, conferences and exhibits. This term does not include multiple-family dwellings.
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. This term does not include industrial process waste.
PERSON
Includes any individual, corporation, limited liability company, partnership, association, local government unit, as defined in § 66.0131(1)(a), Wis. Stats., state agency or authority or federal agency.
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, as defined under § 100.30(2)(h), Wis. Stats., that is required to be labeled under § 100.33(2), Wis. Stats. This term also includes plastic containers made of PETE or PET (polyethylene terephthalate, labeled by the SPI code #1), HDPE (high density polyethylene, labeled by the SPI code #2), PVC (polyvinyl chloride, labeled by the SPI code #3), LDPE (low density polyethylene, labeled by the SPI code #4), PP (polypropylene, labeled by the SPI code #5), PS (polystyrene, labeled by the SPI code #6), and other resins or multiple resins (plastic resins labeled by the SPI code #7).
POSTCONSUMER 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.
RECYCLABLE MATERIALS
Includes 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; plastic containers; steel containers; waste tires; and bimetal containers.
SOLID WASTE
Has the meaning specified in § 289.01(33), Wis. Stats, and § 186-1.
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. "Solid waste treatment" does not include the treatment of post-use plastics or nonrecycled feedstock at a pyrolysis or gasification facility.
WASTE TIRE
A tire that is no longer suitable for its original purpose because of wear, damage or defect.
YARD WASTE
Leaves, 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.