[HISTORY: Adopted by the Town Board of the Town of West Bend as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-14-2004 by Ord. No. 2004-03]
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 Chapter NR 544, Wis. Adm. Code.
This article is adopted as authorized under § 287.09(3)(b), 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.
A. 
In their interpretations 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 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.
B. 
Where a provision of this article 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 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 Town of West Bend.
The provisions of this article shall be administered by the Town Board of the Town of West Bend.
The provisions of this article shall take effect on July 15, 2004.
For the purpose of this article:
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 containing or 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 APPLIANCES
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 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 SBI code No. 7.
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
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 § 289.01(12), 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 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. 
Newspaper.
L. 
Office paper.
M. 
Rigid plastic containers made of PETE, HDPE, LDPE, PP, PS and other resins or multiple resins.
N. 
Steel containers.
O. 
Waste tires.
The separation requirements of § 244-10 do not apply to the following:
A. 
Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresident 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 § 244-10 from solid waste in as pure a form as is technically feasible.
B. 
If less than 30% of the heat input to a facility is derived from the solid waste which is burned as a supplemental fuel at that facility in accordance with § 287.07(7)(bg), Wis. Stats.
C. 
Foam polystyrene packaging and rigid plastic containers made of PVC (No. 3), LDPE (No. 4), PP (No. 5), PS (No. 6) and other resins of multiple resins (No. 7). These items have been granted a separation variance by the Department of Natural Resources under § 287.11(2m), Wis. Stats.
A. 
To the greatest extent practicable, the recyclable materials separated in accordance with § 244-10 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.
B. 
Recyclable materials shall be stored in a manner which protects them from wind, rain, and other weather conditions that could reduce the marketability of the recyclable materials.
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 unbroken.
B. 
Major appliances such as stoves, washers, dryers, dishwashers, furnaces, water heaters and boilers shall be placed in designated areas at the recycling center, scrap iron shall also be placed in designated areas. All doors must be removed from all major appliances. Residential and commercial air conditioners, freezers, microwave ovens, refrigerators and dehumidifiers shall be taken to a commercial establishment that accepts such appliances.
C. 
Waste oil shall be taken to an establishment that accepts waste oil.
D. 
Yard waste shall be taken to the leaf and yard waste facility at designated times and shall be placed in the designated area. No plastic bags are to be left at the site.
Except as other wise directed by the Town Board of the Town of West Bend, 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 § 244-10E through O:
A. 
Aluminum containers shall be rinsed free of product residue, crushed, kept dry and brought in a separate container.
B. 
Bimetal containers shall be rinsed free of product residue, crushed, kept dry and brought in a separate container.
C. 
Corrugated paper or other container board shall be free of debris, flattened, kept dry and properly tied or packaged.
D. 
Glass containers shall be rinsed free of product residue with covers removed, kept dry and separated by color.
E. 
Magazines or other materials printed on similar paper shall be kept dry, separated from newsprint and properly tied or bagged.
F. 
Newspapers or other materials printed on newsprint shall be kept dry and properly tied or bagged.
G. 
Office paper shall be in cardboard boxes, kept dry and tied together.
H. 
Plastic containers shall be prepared and collected as follows:
(1) 
Plastic containers made of PETE (No. 1), shall be rinsed free of product residue with covers removed, kept dry and crushed.
(2) 
Plastic containers made of HDPE (No. 2), shall be rinsed free of product residue with covers removed, kept dry and crushed.
I. 
Steel containers shall be rinsed free of product residue, shall have labels removed, kept dry, crushed and be separated from aluminum.
J. 
Waste tires shall not be accepted and shall be taken to the retail establishments that sell tires.
K. 
Televisions and VCRs will not be accepted.
A. 
Owners or designated agents of multifamily dwellings shall do all of the following for recycling the materials specified in § 244-10E 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 do not apply to the owners or designated agents of multiple-family dwellings if:
(1) 
The post-consumer 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 § 244-10E through O from solid waste in as pure a form as is technically feasible.
(2) 
Less than 30% of the heat input to a facility is derived from the solid waste which is burned as a supplemental fuel at that facility in accordance with § 287.07(7)(bg) Wis. Stats.
(3) 
Items have been granted a separation variance by the Department of Natural Resources under § 287.07(7)(h), Wis. Stats. Currently the items which need not be separated under solid waste are foam polystyrene packaging and rigid plastic containers made of PVC (No. 3), LDPE (No. 4), PP (No. 5), PS (No. 6), and other resins or multiple resins (No. 7).
A. 
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in § 244-10E 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 properties about the established recycling program.
(3) 
Provide 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 sires, 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 do not apply to the owners or designated agents of nonresidential facilities and properties if:
(1) 
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 § 244-10E through O from solid waste in as pure a form as is technically feasible.
(2) 
Less than 30% of the heat input to a facility is derived from the solid waste, which is burned as a supplemental fuel at that facility in accordance with § 287.07(7)(bg), Wis. Stats.
(3) 
Items have been granted a separation variance by the Department of Natural Resources under § 287.07(7)(h), Wis. Stats. Currently the items which need not be separated from solid waste are foam polystyrene packaging and rigid plastic containers made of PVC (No. 3), LDPE (No. 4), PP (No. 5), PS (No. 6), and other resins or multiple resins (No. 7).
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 § 244-10E 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 Town of West Bend 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 Town of West Bend 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 Town of West Bend to collect forfeitures. The issuance of a citation in regards to this paragraph shall not preclude proceedings under any other ordinance or law relating to the same or any other matter.
C. 
Any person who violates a provision of this article shall, upon conviction thereof, forfeit $100 for the first offense, $250 for the second offense, and $500 for the third offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
[Adopted 7-20-2018 by Ord. No. 2018-08]
The Town has established a Leaf and Yard Waste Recycling Center located at 6355 County Hwy Z. The following items are allowed to be deposited at the Leaf and Yard Waste Recycling Center: branches and tree/bush limbs no longer than 10 feet or four inches in diameter, leaves, grass clippings, weeds, and other similar natural yard waste. Depositing items other than those set forth in this section at the Leaf and Yard Waste Recycling Center shall be prohibited.
The use of the Leaf and Yard Waste Recycling Center is limited to residents of the Town or those that pay property tax in the Town, and its use by all others is prohibited.
No dumping or admission to the Leaf and Yard Waste Recycling Center site shall be permitted except between the hours of 8:00 a.m. and 12:00 noon every Saturday in May, October and November and the first and third Saturday June through September. Such hours of operation shall be posted at the site. It may be closed on holidays. Dates to be determined each year.
The Town Board shall designate someone to act as an attendant at the Leaf and Yard Waste Recycling Center site during its hours of operation. The attendant shall be responsible for carrying out this article, and with assistance of the Town Police Chief, issuing any citations for violations of this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Any person who shall be found guilty of violating any of the provisions of this article shall be subject to a forfeiture of $100 for the first offense, $250 for the second offense, and $500 for the third offense, together with the costs of prosecution, and, in default of the payment of such forfeiture, shall be imprisoned at the County Jail of Washington County until such forfeitures and all costs, including subsequent costs, have been paid, but not for a period exceeding 30 days.