[Adopted by Ord. No. 95-1 (§ 18.18 of the 1993 Municipal Code)]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
This article is adopted as authorized under §§ 287.09(3)(b) and 66.0101, Wis. Stats.
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 this article's provision is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and the Ch. NR 544 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 within the City of Edgerton.
The provisions of this article shall be administered by the Director of Public Works for the City of Edgerton.
The provisions of this article shall take effect on January 1, 1995.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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.
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, 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 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 No. 7.
PERSON
Includes any individual, corporation, partnership, association, local governmental unit, as defined in § 66.0131(1)(a), 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.
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.
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 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.
SOLID WASTE
Has the meaning specified in § 289.01(33), Wis. Stats.
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.
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 length and 1/2 inch 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.
O. 
Waste tires.
The separation requirements of § 334-24 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 § 334-24 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 § 334-24E 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
To the greatest extent practicable, the recyclable materials separated in accordance with § 334-24 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.
A. 
Recycled materials shall be placed in the designated recycling bins. All recycle bins shall be placed at the curb no earlier than the evening before the regularly scheduled City collection day for each specific area of the City.
B. 
Bins for recyclable materials are available from the City's recycling contractor. Each existing residence has been issued a bin that remains with the residence. Additional bins are available for a fee.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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 disposed of in accordance with DNR regulations and as designated in public works policies.
B. 
Major appliances shall be disposed of in accordance with DNR regulations and as designated in public works policies.
C. 
Waste oil shall be disposed of in accordance with DNR regulations and as designated in public works policies.
D. 
Yard waste shall be brought to the yard waste compost collection point as designated by the Department of Public Works.[1]
[1]
Editor's Note: Former § 14(e) of the 1993 Municipal Code, regarding curbside yard waste, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Except as otherwise directed by the Director of Public Works, 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 § 334-24:
A. 
Aluminum containers shall be rinsed and flattened.
B. 
Bimetal containers shall be rinsed and flattened.
C. 
Corrugated paper or other container board shall be flattened and assembled or tied in orderly fashion in clean condition.
D. 
Foam polystyrene packaging shall be rinsed.
E. 
Glass containers shall be rinsed and cleaned.
F. 
Rigid plastic containers shall be prepared and collected as follows:
(1) 
Plastic containers made of PETE, including soda bottles, shall be rinsed and flattened.
(2) 
Plastic containers made of HDPE, including detergent and milk bottles shall be rinsed and flattened.
(3) 
Plastic containers made of PVC shall be rinsed and flattened.
(4) 
Plastic containers made of LDPE shall be rinsed and flattened.
(5) 
Plastic containers made of PP shall be rinsed and flattened.
(6) 
Plastic containers made of PS shall be rinsed and flattened.
(7) 
Plastic containers made of other resins or multiple resins shall be rinsed and flattened.
G. 
Steel containers shall be rinsed and flattened.
H. 
Waste tires will not be collected and must be disposed of in accordance with DNR regulations.
A. 
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 334-24E 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 § 334-29A 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 § 334-24E 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 § 334-24E 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 a contact person or company, including a name, address and telephone number.
B. 
The requirements specified in § 334-30A 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 § 334-24E through O from solid waste in as pure a form as it technically feasible.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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 § 334-24E through O which have been separated for recycling, 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 article, any authorized officer, employee or representative of the City of Edgerton may inspect recyclable materials collection sites and facilities, collection vehicles, collection area of multiple-family dwellings and nonresidential facilities and properties, 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 City of Edgerton 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 violates a provision of this article may be issued a citation by the Department of Public Works. 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 section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Penalties for violating this chapter may be assessed as follows:
A. 
Any person who violates Chapter 334, Article III, may be required to forfeit $25 for a first violation, $200 for a second violation, and not more than $2,000 for a third or subsequent violation, together with the court costs, penalty costs and the cost of prosecution.
B. 
Any person who violates a provision of this Chapter 334, Article I or II, may be required to forfeit not less than $25 nor more than $500 for each violation, together with the court costs, penalty costs and the cost of prosecution.[1]
[1]
Editor's Note: The Table of Uniform Fines and Penalties, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).