[Code 1966, § 6.08; Ord. No. 543, § 6.08(A), 10-4-1994]
The purpose of this article is to promote recycling, composting and resource recovery through the administration of an effective recycling program, as provided in W.S.A., § 159.11, and chapter NR 544, Wis. Adm. Code.
[Code 1966, § 6.08; Ord. No. 543, § 6.08(B), 10-4-1994]
This article is adopted as authorized under W.S.A., § 159.09(3)(b), and Wis. Adm. Code, NR 544.04(2) and 544.06.
[Code 1966, § 6.08; Ord. No. 543, § 6.08(C), 10-4-1994]
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.
[Code 1966, § 6.08; Ord. No. 543, § 6.08(D), 10-4-1994]
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 state 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 state statute, 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 state statutes and the chapter NR 544 standards in effect on the date of the adoption of the ordinance from which this section derives, or in effect on the date of the most recent text amendment of this article.
[Code 1966, § 6.08; Ord. No. 543, § 6.08(F), 10-4-1994]
The requirements of this article shall apply to all persons and entities within the corporate limits of the Village.
[Ord. No. 543, § 1 (1 — 20, 22 — 25), 10-4-1994]
(a) 
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
BI-METAL CONTAINER
A container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.
CONTAINER BOARD
Corrugated paper board used in the manufacture of shipping containers and related products.
FOAM POLYSTYRENE PACKING
Packaging made primarily from foam polystyrene that satisfies one of the following criteria:
(1) 
Is designed for serving food or beverages;
(2) 
Consists of loose particles intended to fill space and cushion the packaged article in a shipping container; and
(3) 
Consists of rigid materials shaped to hold and cushion the packaged article in a shipping container.
HDPE
High density polyethylene, labeled by the SPI code #2.
LDPE
Low density polyethylene, labeled by the SPI code #4.
MAGAZINES
Magazines and other materials printed on similar paper.
MAJOR APPLIANCE OR WHITE GOODS
A residential or commercial air conditioner, clothes washer, dishwasher, freezer, residential or commercial furnace, boiler, dehumidifier, water heater, oven, refrigerator, stove or microwave oven if the capacitor has not been removed.
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 governmental facilities and properties. 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.
OTHER RESINS or MULTIPLE RESINS
Plastic resins labeled by the SPI code #7.
PERSONS
Any individual, corporation, partnership, association, local governmental unit, as defined in W.S.A., § 66.299(1)(a), state agency or authority or federal agency.
PETE
Polyethylene terephthalate, labeled by the SPI code #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.
POSTCONSUMER WASTE
Solid waste other than solid waste generated in the production of goods, hazardous waste, as defined in W.S.A., § 144.61(5), waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste, as defined in W.S.A. § 144.44(7)(a)(1).
PP
Polypropylene, labeled by the SPI code #5.
PS
Polystyrene, labeled by the SPI code #6.
PVC
Polyvinyl chloride, labeled by the SPI code #3.
RECYCLABLE MATERIALS
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; ridged plastic containers, including those made of PETE, HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins; steel containers; waste tires; and bi-metal containers.
SOLID WASTE FACILITY
As specified in W.S.A., § 144.43(5).
SOLID WASTE TREATMENT
Any method, technique or process which is designed to change the physical, chemical or biological character or composition of solid waste. The word "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 or ornamental Christmas trees.
[Code 1966, § 6.08; Ord. No. 543, § 6.08(G), 10-4-1994]
The provisions of this article shall be administered by the Village Board or its designees.
[Code 1966, § 6.08; Ord. No. 543, § 6.08(5), 10-4-1994]
(a) 
For the purpose of ascertaining compliance with the provisions of this article, any authorized officer, employee, agent or representative of the Village 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, agent or authorized representative of the Village who requests access for purposes of inspection and who presents appropriate credentials. No person may obstruct, hamper, or interfere with such an inspection.
(b) 
The requirements specified in Subsection (a) of this section do not apply to the owners or designated agents of nonresidential facilities and properties or mobile home parks 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 § 66-73(a)(5) — (15) from solid waste in as pure a form as is technically feasible.
[Code 1966, § 6.08; Ord. No. 543, § 6.08(Y), 10-4-1994]
(a) 
Any person who violates a provision of this article may be issued a citation by the Village police department. 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) 
Penalties for violating this article may be assessed as follows:
(1) 
Any person who violates § 66-82 may be required to forfeit $50 for a first violation, $200 for a second violation, and not more than $2,000 for a third or subsequent violation.
(2) 
Any person who violates a provision of this article, except § 66-82, may be required to forfeit not less than $10 nor more than $1,000 for each violation.
[Code 1966, § 6.08; Ord. No. 543, § 6.08(U), 10-4-1994]
It shall be a violation of this article for any person or entity to dump, leave or otherwise place any solid waste or recyclable materials on property not owned by such individual or entity except or as otherwise directed by the Village or its agents.
[Code 1966, § 6.08; Ord. No. 543, § 6.08(V), 10-4-1994]
It shall be unlawful for any person to place for disposal any of the following wastes: Hazardous and toxic wastes, chemicals, explosives, flammable liquids, paint, trees and stumps, construction debris, carcasses, medical wastes unless such wastes are personal needles which shall be contained in cardboard to eliminate injury to collection personnel.
[Code 1966, § 6.08; Ord. No. 543, § 6.08(W), 10-4-1994]
It shall be unlawful to bring refuse for disposal (and recyclables) from outside the corporate limits into the Village unless authorized by agreement with the Village.
[Code 1966, § 6.08; Ord. No. 543, § 6.08(X), 10-4-1994]
The recycling facilities of the Village shall be solely for the use of Village residents and businesses located within the corporate limits of the Village.
[Code 1966, § 6.08; Ord. No. 543, § 6.08(J), 10-4-1994]
(a) 
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, except as expressly provided in this division:
(1) 
Lead acid batteries;
(2) 
Major appliances;
(3) 
Waste oil;
(4) 
Yard waste;
(5) 
Aluminum containers;
(6) 
Bi-metal containers;
(7) 
Corrugated paper or other container board;
(8) 
Foam polystyrene packaging;
(9) 
Glass containers;
(10) 
Magazines;
(11) 
Newspaper;
(12) 
Office paper;
(13) 
Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS and other resins or multiple resins;
(14) 
Steel containers; and
(15) 
Waste tires.
[Code 1966, § 6.08; Ord. No. 543, § 6.08(K), 10-4-1994]
(a) 
The separation requirements of § 66-75 do not apply to the following:
(1) 
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 state department of natural resources that recovers the materials specified in § 66-75 from solid waste in as pure a form as is technically feasible.
(2) 
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.
(3) 
A recyclable material specified in § 66-75(a)(5) — (15) for which a variance has been granted by the department of natural resources under W.S.A., § 159.11(2m), or NR 544.14, Wis. Adm. Code.
(4) 
Rigid plastic containers made of PVC, LDPE, PP, PS and other resins or multiple resins shall not be required to be separated from postconsumer waste until January 1, 1996.
[Code 1966, § 6.08; Ord. No. 543, § 6.08(L), 10-4-1994]
To the greatest extent practicable, the recyclable materials separated in accordance with § 66-75 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.
[Code 1966, § 6.08; Ord. No. 543, § 6.08(M), 10-4-1994]
(a) 
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, yard waste and tires as follows:
(1) 
Lead acid batteries that are whole and unbroken may be placed curbside, adjacent to the recycling bin, at the time set forth in § 66-83.
(2) 
Major appliances may be disposed of on a weekly basis. Arrangements shall be made through the Village Clerk's office. The owner may be billed for such pickups.
(3) 
Waste oil may be placed curbside in securely sealed gallon containers adjacent to the recycling bin at the time as set forth in § 66-83.
(4) 
Yard waste shall be managed by the citizen or nonresidential entity through a compost program. Yard waste may be collected two times per year at curbside by the Village's licensed hauler. Branches and tree cuttings may be collected two times per year at curbside by the Village's licensed hauler. All branches and tree cuttings shall be cut in lengths of less than four feet in length and securely bundled to a diameter of less than four feet in length and securely bundled to a diameter of less than two feet. Leaves may be collected twice per year by the Village's licensed hauler. Leaves shall be in clear plastic bags and placed at curbside. Notice of yard waste pickup shall be accomplished by publication in the Mukwonago Chief.
(5) 
A maximum of one tire may be placed curbside on such dates and at such times as the Village shall establish. The fee for the recycling of such materials shall be established by the Village Board from time to time, based upon the cost of disposal.
[Code 1966, § 6.08; Ord. No. 543, § 6.08(N), 10-4-1994]
(a) 
Except as otherwise directed by the Village Board or its designees, 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 § 66-75(a)(5) — (15):
(1) 
Aluminum containers, bi-metal containers and steel containers shall be rinsed free of product residue and placed in the recycling bin and placed at the curb at the time set forth in § 66-83.
(2) 
Corrugated paper or other materials shall be free of debris, flattened, stacked and tied and placed in a clear plastic bag and put on the curb at the time set forth in § 66-83.
(3) 
Foam polystyrene packaging shall be prepared for collection as specified from time to time by the Village and/or the hauler.
(4) 
Glass containers shall be rinsed free of product residue, caps shall be removed and discarded, and the glass container shall then be placed in the recycling bin and placed at the curb at the time set forth in § 66-83.
(5) 
Newspapers, magazines, cardboard boxes, office paper, grey board (cereal boxes, etc.), paper board, books and any clean dry paper shall be free of debris and shall be flattened, stacked and tied or, in the alternative, placed inside of a paper bag and then placed at the curb at the time set forth in § 66-83.
(6) 
Rigid plastic containers shall be prepared and collected as follows:
a. 
Rigid plastic containers made of HDPE or PETE including milk jugs, detergent bottles, etc., shall be rinsed free of product residue and caps shall be removed and discarded. Such plastic materials shall be placed in the recycling bin.
b. 
Rigid plastic containers made of PVC, LDPE, PP, PS or other resins shall, beginning on January 1, 1996, be rinsed free of product residue and the caps shall be removed and discarded. The containers shall be placed in the recycling bin.
[Code 1966, § 6.08; Ord. No. 543, § 6.08(O), 10-4-1994]
(a) 
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 66-75(a)(5) — (15):
(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 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) of this section 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 § 66-75(a)(5) — (15) from solid waste in as pure a form as is technically feasible.
[Code 1966, § 6.08; Ord. No. 543, § 6.08(P)(1), 10-4-1994]
(a) 
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in § 66-75(a)(5) — (15):
(1) 
Provide adequate, separate containers for the recyclable material.
(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 a contact person or company, including a name, address and telephone number.
[Code 1966, § 6.08; Ord. No. 543, § 6.08(Q), 10-4-1994]
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 § 66-75(a)(5) — (15) which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.
[Code 1966, § 6.08; Ord. No. 543, § 6.08(R), 10-4-1994]
(a) 
All recyclable materials and all solid waste shall be placed at the curb or road edge for pickup not more than 12 hours before the collection date. All containers shall be removed within eight hours following the pickup. Date of collection shall be determined by the Clerk's office and the contractor, subject to emergency situations. Collection dates shall be uniform on a weekly basis. Collection of dumpsters shall be by agreement of the owner and contractor.
(b) 
The contractor may refuse to furnish collection service to any person not complying with or refusing to comply with this article.
(c) 
All solid waste shall be placed in metal or heavy duty plastic containers, boxes or plastic bags secured by a lid or securely tied to prevent access to flies and other insects. The total weight of the filled container shall not exceed 50 pounds.
[Code 1966, § 6.08; Ord. No. 543, § 6.08(T), 10-4-1994]
All solid waste and recyclable materials placed at the curb by users of the Village's refuse collection service, as provided through its authorized hauling agent for collection, become the property of the Village or its authorized hauling agent from the time of placement at the curb. It shall be a violation of this section for any person unauthorized by the Village to collect or cause to be collected these items.