[HISTORY: Adopted by the Legislature of the
Menominee Indian Tribe 12-19-2019 by Ord. No. 19-26. Amendments noted where
applicable.]
The purpose of these rules under this chapter is to help ensure
the proper disposal of recyclable materials throughout the Menominee
Indian Reservation and Menominee County; in addition, to promote recycling,
composting, and resource recovery through the administration of an
effective recycling program.
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 provisions of this chapter shall become effective upon final
approval of the Menominee Tribal Legislature.
The provisions of this chapter shall be administered by the
Community Development Department.
As used in this chapter, the following terms shall have the
meanings indicated:
A container for carbonated or malt beverages that is made
primarily of a combination of steel and aluminum.
Corrugated paperboard used in the manufacture of shipping
containers and related products.
Packaging made primarily from foam polystyrene that satisfies
one of the following criteria:
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, ovenware, plate glass, safety and window
glass, heat-resistant glass such as pyrex, lead-based glass such as
crystal, or TV tubes.
High-density polyethylene plastic containers marked by the
SPI code No. 2.
The transfer facility located on Transfer Site Road, where
enrolled members of the Menominee Indian Tribe of Wisconsin may deliver
their household waste for transfer.
Low-density polyethylene plastic containers marked by the
SPI code No. 4.
Magazines and other materials printed on similar paper.
A residential or commercial air conditioner, furnace, boiler,
dehumidifier, water heater, clothes dryer, clothes washer, dishwasher,
freezer, microwave oven, 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 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.
Plastic containers labeled by the SPI code No.7.
Includes any individual, corporation, partnership, association,
local governmental unit, state agency or authority or federal agency.
For purposes of this chapter "local governmental unit" shall mean
a political subdivision of the State of Wisconsin, a special-purpose
district in the State of Wisconsin, an agency or corporation of a
political subdivision or special-purpose district, or a combination
or subunit of any of the foregoing.
Polyethylene terephthalate plastic containers marked by the
SPI code No. 1.
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.
Solid waste other than solid waste generated in the production
of goods, hazardous waste, waste from construction and demolition
of structures, scrap automobiles, or high-volume industrial waste,
which means fly ash, bottom ash, paper mill sludge or foundry process
waste. For purposes of this chapter "hazardous waste" shall mean U.S.
Environmental Protection Agency under Section 6921(b) of the Resource
Conservation and Recovery Act.
Polypropylene plastic containers marked by the SPI code No.
5.
Polystyrene plastic containers marked by the SPI code No.
6.
Polyvinyl chloride plastic containers marked by the SPI code
No. 3.
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, including those made of PETE, HDPE,
PVC, LDPE, PP, PS and mixed or other plastic resin types; steel containers;
waste tires; and bimetal containers.
The Menominee Indian Reservation.
Any garbage, refuse, sludge from a waste treatment plant,
or air pollution control facility, and other discarded or salvageable
materials, including solid, liquid, semisolid, or contained gaseous
materials resulting from industrial, commercial, mining, and agricultural
operations, and from community activities. Solid waste does not include:
Solids or dissolved materials in domestic sewage;
Solid or dissolved materials in irrigation return flows;
Industrial discharges which are point sources subject to permits
under Wisconsin Statute Chapter 283 or the National Pollution Discharge
Elimination System (NPDES);
Slag generated by the production or processing of iron or steel
and that is managed as an item of value in a controlled manner and
is not discarded;
Source materials, for the purposes of this chapter, shall mean
uranium, thorium, any combination thereof in any physical or chemical
form, or ores that contain by weight 0.05% or more of uranium, thorium
or any combination thereof;
Special nuclear materials, for the purposes of this chapter,
shall mean plutonium, uranium 233, uranium enriched in the isotope
233 or in the isotope 235 and any other material which the Nuclear
Regulatory Commission determines to be special nuclear material; or
any material artificially enriched by any of the foregoing. Special
nuclear materials does not include source material;
By-product material, for the purposes of this chapter, shall
mean:
Radioactive material, except special nuclear material, yielded
in or made radioactive by exposure to the radiation incident to the
process of producing or utilizing special nuclear materials;
The tailings or waste produced by the extraction or concentration
or uranium or thorium from any ore processes primarily for its source
materials content; or
Post-use plastics or nonrecycled feedstock that are processed
at a pyrolysis or gasification facility; that are held at a pyrolysis
or gasification facility, prior to processing at the facility where
they are being held, to ensure that production is not interrupted;
or that are held off site before delivery to a pyrolysis or gasification
facility with the intent that they will be processed at a pyrolysis
or gasification facility.
A facility for solid waste treatment, solid waste storage,
or solid waste disposal, and includes commercial, industrial, municipal,
state, and federal establishments or operations such as, without limitation,
because of enumeration, sanitary landfills, dumps, land disposal sites,
incinerators, transfer stations, storage facilities, collection and
transportation services, and processing, treatment, and recovery facilities.
Solid waste facility includes the land where the facility is located.
Solid waste facility does not include:
A facility for the processing of scrap iron, steel, or nonferrous
metal using large machines to produce a principal product of scrap
metal for sale or use for remelting purposes;
A facility which uses large machines to sort, grade, compact,
or bale clean wastepaper, fibers, or plastics, not mixed with other
solid waste, for sale or use for recycling purposes;
An auto junkyard or scrap metal salvage yard; or
A pyrolysis facility or a gasification facility.
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 container on wheels meant for the purpose of holding solid
waste or recyclable materials for curbside pickup.
A solid waste disposal site or facility at which transferring
of the solid waste from one vehicle or container to another, generally
of the larger capacity, occurs prior to the point of processing or
disposal.
The Menominee Indian Tribe of Wisconsin.
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 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 postconsumer waste:
A.
Lead acid batteries.
B.
Major appliances.
C.
Waste oil.
D.
Yard waste.
E.
Aluminum containers.
F.
Bimetal containers.
G.
Corrugated paper or other container board.
H.
Foam polystyrene packaging*.
I.
Glass containers.
J.
Magazines.
K.
Newspapers.
L.
Office paper.
M.
Rigid plastic containers made of PETE, HDPE, PVC*, LDPE*, PP*, PS*,
and other resins or multiple resins*.
N.
Steel containers.
The separation requirements of § 465-6 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 postconsumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 465-6 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.
A.
To the greatest extent practicable, the recyclable materials separated in accordance with § 465-6 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.
B.
Used oil filters and electronic devices should be taken to the Keshena
Transfer Site for proper disposal through transfer to a licensed facility
for proper disposal.
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 shall be delivered to the Keshena Transfer Site
or returned to the place of purchase.
B.
Major appliances shall be delivered to the Keshena Transfer Site
or returned to the place of purchase.
C.
Waste oil shall be dropped off at the Keshena Transfer Site for proper
disposal at a proper oil-recycling facility. Waste oil shall not be
mixed with any other solvents or material.
D.
Yard waste shall be the responsibility of the individual resident;
however, composting is recommended. Yard waste shall not be mixed
with solid waste or be placed at the curb. Yard waste shall be accepted
at any location as approved by the Community Development Department.
A.
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 § 465-6E through O:
(1)
Aluminum containers shall be rinsed.
(2)
Bimetal containers shall be rinsed.
(3)
Corrugated paper or other container board shall be broken down. All
loose foreign material must be removed. No plastic-lined or waxed
cardboard or food containers accepted.
(4)
Foam polystyrene packaging shall be crushed.*
(5)
Glass containers shall be clean with all lids and caps removed.
(6)
All clean paper materials shall be placed loosely in the provided
rolling tote for curbside pickup.
(7)
Rigid plastic containers shall be prepared and collected as follows:
(a)
Plastic containers made of PETE, including soda and drink bottles,
shall be cleaned and rinsed with all caps and rings removed.
(b)
Plastic containers made of HDPE, including bottles and tubs,
shall be cleaned and rinsed with all caps and rings removed.
(c)
Plastic containers made of PVC*, cleaned and rinsed with all
caps and rings removed.
(d)
Plastic containers made of LDPE*, cleaned and rinsed with all
caps and rings removed.
(e)
Plastic containers made of PP*, cleaned and rinsed with all
caps and rings removed.
(f)
Plastic containers made of PS*, cleaned and rinsed with all
caps and rings removed.
(8)
Steel containers shall be clean. Remove lids and place in center
of can.
(9)
Waste tires shall be taken to the Keshena Transfer Site or a tire
dealer for proper disposal or recycled through the hauler for a fee.
There shall be a disposal limit of four tires per tribal member annually.
B.
All items listed in § 465-10A(1) through (8) shall be placed loosely, not in bags, in the provided recycling tote for curbside pickup.
A.
Owners or designated agents of multiple-family dwellings shall do all of the following for recycling the materials specified in § 465-6E 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 semiannually thereafter about the established recycling
program.
(3)
Provide for the collection of the materials separated from the solid
waste by the tenants and the delivery of the 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, locations
and hours of operation, and a contact person or company, including
a name, address and telephone number.
B.
The requirements specified in Subsection A(1) 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 § 465-6E through O from solid waste in as pure a form as is technically feasible.
C.
Residents shall be provided with one ninety-five-gallon trash tote
and one ninety-five-gallon recycling tote. All residential solid waste
must be bagged, tied, and fit in the tote provided. Cardboard is to
be broken down to a two-foot-by-three-foot in size maximum. Solid
waste and recyclables shall be covered and secured to prevent littering.
No garbage stored outside the cart will be collected. All trash must
fit in the cart provided with the lid closed. All recyclable materials
placed in the proper tote shall be loose and not contained within
bags.
D.
Haulers may not collect, transport, process or dispose of solid waste
within the Menominee Reservation or Menominee County unless the recyclable
materials have been segregated. It is the responsibility of the hauler
to inform the Menominee Indian Tribe of Wisconsin of residential,
multifamily, and nonresidential properties that are not segregating
recyclable materials from solid waste.
E.
Haulers may contact any residential, multifamily, or nonresidential
customer whose recycling or solid waste cannot be picked up. Haulers
shall contact the Menominee Indian Tribe of Wisconsin's authorized
officer, employee or representative for enforcement.
A.
Owners or designated agents of nonresidential facilities and properties shall do all of the following for recycling the materials specified in § 465-6E through O:
(1)
Provide adequate, separate containers for the recyclable materials.
(2)
Notify in writing, at least semiannually, all users, tenants and
occupants of the properties about the established recycling program.
(3)
Provide for the collection of the materials separated from the solid
waste by the users, tenants and occupants and the delivery of the
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, locations
and hours of operation, and contact person or company, including a
name, address and telephone number.
B.
The requirements specified in § 465-12A 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 § 465-6E through O from solid waste in as pure a form as is technically feasible.
C.
Haulers may not collect, transport, process or dispose of solid waste
within the Menominee Reservation or Menominee County unless the recyclable
materials have been segregated. It is the responsibility of the hauler
to inform the Menominee Indian Tribe of Wisconsin of residential,
multifamily, and nonresidential properties that are not segregating
recyclable materials from solid waste.
D.
Haulers may contact any residential, multifamily, or nonresidential
customer whose recycling or solid waste cannot be picked up. Haulers
shall contact the Menominee Indian Tribe of Wisconsin's authorized
officer, employee or representative for enforcement.
A.
Any person who violates a provision of this chapter may be issued
a citation by any duly law enforcement officer or any duly conservation
warden. The issuance of a citation shall not preclude proceeding under
any other ordinance or law relating to the same or any other matter.
Proceeding under any other ordinance or law relating to the same or
any other matter shall not preclude the issuance of a citation under
this subsection.
B.
For the purpose of ascertaining compliance with the provisions of
this chapter, any authorized officer, employee or representative of
the Tribe may inspect recyclable materials separated for recycling,
postconsumer waste intended for disposal, collection sites and facilities,
collection vehicles, collection areas of multiple-family dwellings
and nonresidential facilities and properties, solid waste disposal
facilities and solid waste treatment facilities, and any records relating
to recycling activities, for the purpose of ascertaining compliance
with provisions of this chapter. No person shall refuse access to
any authorized officer, employee or authorized representative of the
Tribe who requests access for purposes of inspection, and who presents
appropriate credentials. No person shall obstruct, hamper, or interfere
with such an inspection.
B.
No person shall burn trash, recyclable materials, or any other solid
waste material, except for the prudent use of igniting materials or
confidential papers, yard waste and clean wood that has not been painted,
stained, sealed or treated.
C.
It shall be unlawful for any person, unless under contract with and/or
licensed by the Menominee Indian Tribe of Wisconsin or under agreement
with an individual generator, to collect or remove any recyclable
material which has been placed appropriately for collection.
