[Adopted 5-9-2017 by Ord.
No. 2017-2]
"Recycling Ordinance for the Town of Lowell and its residents."
The purpose of this article is to promote recycling, composting,
and resource recovery through the administration of an effective recycling
program, as provided in § 287.11, Wis. Stats., and Ch. NR
544, Wis. Adm. Code.
This article is adopted as authorized under § 287.09(3)(b),
Wis. Stats., and the Town of Lowell Town Board.
It is not intended by this article 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 article imposes greater restrictions, the provisions
of this article shall apply.
In their interpretation and application, the provisions of this
article 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 article
may be inconsistent or conflicting, the more restrictive requirements
or interpretation shall apply. Where a provision of this article 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 the Ch.
NR 544, Wis. Adm. Code standards in effect on the date of the adoption
of this article, or in effect on the date of the most recent text
amendment to this article.
Should any portion of this article be declared unconstitutional
or invalid by a court of competent jurisdiction, the remainder of
this article shall not be affected.
The requirements of this article apply to all persons residing
within the Town of Lowell, Dodge County, Wisconsin.
The provisions of this article shall be administered by the
Town Board.
The provisions of this article shall take effect upon APPROVAL
by the Town Board, Town of Lowell, Dodge County, Wisconsin.
As used in this article, 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.
CONTAINER BOARD
Corrugated paperboard used in the manufacture of shipping
containers and related products.
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.
HDPE
High-density polyethylene, labeled by the SPI code No. 2.
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,
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.
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, partnership, association,
local government unit, as defined in § 66.0131(1)(a), Wis.
Stats., state agency or authority or federal agency.
PETE or PET
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(17),
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;
yard waste; aluminum containers; corrugated paper or other containerboard;
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 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 clean, woody vegetative material no greater than six inches
in diameter. This term does not include stumps, roots or shrubs with
intact root balls.
Occupants of single-family and two- to four-unit residences,
multiple-family dwellings and nonresidential facilities and properties
shall separate the following materials from post-consumer waste:
G. Corrugated paper or other containerboard.
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 §
238-11 do not apply to 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 Natural Resources that recovers the materials specified in §
238-11 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.
C. A recyclable material specified in §
238-11E 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 §
238-11 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 and 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 and waste tires. Must be disposed of at retail
outlets, or any other points of purchase, or at other legal disposal
locations.
B. Major appliances. Those appliances requiring recycling that contain
a refrigerant material, such as refrigerators, freezers, air conditioners
and dehumidifiers, in addition to washers, dryers, stoves, microwaves
and scrap metals, are now being accepted. There is a limit of four
per household per year.
C. Waste engine oil. Shall be accepted at the Town of Lowell Recycling
Center, W8906 O'Sixteen Road.
D. Yard waste. Is not accepted at the Town of Lowell Recycling Center.
E. E-waste. Computers, monitors, printers, televisions, VCRs, DVD players,
fax machines and cell phones, etc., cannot be accepted.
Except as otherwise directed by the Town of Lowell Board, 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 §
238-11E through
O:
A. Aluminum containers shall be cans only, rinsed clean. Foil, pie plates,
and bottle caps cannot be recycled.
B. Bimetal (tin and steel) containers shall be rinsed clean. Cardboard-sided
juice cans, aerosol cans and paint cans cannot be recycled.
C. Corrugated paper or other container board shall be clean, flattened
and tied in bundles. Cardboard contaminated with oil, paint, or food
waste (example: pizza boxes) cannot be accepted.
D. Plastic food containers shall be rinsed clean with lids removed and
discarded. Those marked No. 1 or No. 2 shall be accepted. Plastic
bags, plastic wrap, oil bottles, Styrofoam® cups,
plastic cups and film, hard plastic (toys, pails, etc.), medicine
bottles, and syringes cannot be recycled.
E. Glass containers (bottles and jars only), any color, shall be rinsed
clean with lids and rings removed. Windows, mirrors, light bulbs,
dishes, glassware, chemical bottles, medical containers, and laboratory
glass cannot be recycled.
F. Magazines shall not have any wax-coated paper, and be tied with string
into bundles no larger than eight inches high or placed in paper bags.
G. Newspaper shall not have paint or oil on it, and be tied/bundled
as magazines.
H. Office paper shall include paper and envelopes and be clean and put
in paper bags. Bathroom wastepaper, food waste and wrappers cannot
be recycled.
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 §
238-11E through
O which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.