[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.
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.
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
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 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:
G. Corrugated paper or other container board.
H. Foam polystyrene packaging.
M. Rigid plastic containers made of PETE, HDPE, LDPE, PP, PS and other
resins or multiple resins.
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.
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.
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.
[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.