This article shall be known as the "Recycling Ordinance for the City of Neillsville."
[HISTORY: Adopted by the Common Council of the City of Neillsville as indicated in article histories. Amendments noted where applicable.]
[Adopted as Title 4, Ch. 6, of the 1985 Code]
[Amended 1-12-2008 by Ord. No. 1017]
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.
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 the ordinance provision is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and the Ch. NR 544, Wis. Adm. Code, standards in effect on the date of the adoption of 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 boundaries of the City of Neillsville, Clark County, Wisconsin.
The provisions of this article shall be administered by the Director of Public Works of the City of Neillsville.
The provisions of this article shall take effect on January 1, 1995, or upon publication of the ordinance, unless a later date is specified in the article.
[Amended 2-12-2008 by Ord. No. 1017]
As used in this article, 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.
Any person disposing of solid waste materials.
Packaging made primarily from foam polystyrene that satisfies one of the following criteria:
Any person producing solid waste material for disposal or recycling.
High density polyethylene, labeled by the SPI code No. 2.
Low density polyethylene, labeled by the SPI code No. 4.
Magazines and other materials printed on similar paper.
Residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven (unless capacitor is removed), refrigerator, stove, residential and commercial furnaces, boilers, dehumidifier and water heaters.
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 resins labeled by the SPI code No. 7.
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.
Polyethylene terephthalate, labeled 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, as defined in § 291.01(7), Wis. Stats., waste from construction and demolition of structure, scrap automobiles, or high-volume industrial waste, as defined in § 289.01(17), Wis. Stats.
Polypropylene, labeled by the SPI code No. 5.
Polystyrene, labeled by the SPI code No. 6.
Polyvinyl chloride, labeled 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; 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.
Has the meaning specified in § 289.01(33), Wis. Stats.
Has the meaning specified in § 289.01(35), Wis. Stats.
Any method, technique or process which is designed to change the physical, chemical or biological character or composition of solid waste.
Includes incineration.
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 post-consumer 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, PVC, LDPE, PP, PS, and other resins or multiple resins.
N.
Steel containers.
O.
Waste tires.
[Amended 2-12-2008 by Ord. No. 1017]
The separation requirements of § 363-11 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 post-consumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 363-11 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 § 363-11E 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 2-12-2008 by Ord. No. 1017]
To the greatest extent practicable, the recyclable materials separated in accordance with § 363-11 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.
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.
Waste oil. The City shall, until further order of the Common Council, accept waste oil at the recycling center.
B.
Yard waste. The City shall, until further order of the Common Council, accept yard waste at the City compost receiving area.
C.
Lead acid batteries and major appliances. Persons covered by this section shall arrange for the proper disposal of lead acid batteries and major appliances with an authorized disposal service until further order of the Common Council.
[Amended 2-12-2008 by Ord. No. 1018]
Except as otherwise directed by the Common Council, 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 § 363-11E through O:
A.
The City shall, until further order of the Common Council, accept these separated materials at the City recycling center.
[Amended 2-12-2008 by Ord. No. 1017]
A.
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 363-11E 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 semi-annually 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 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 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 § 363-11E through O from solid waste in as pure a form as is technically feasible.
[Amended 2-12-2008 by Ord. No. 1017]
A.
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in § 363-11E 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 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 Subsection A do not apply to the owners or designated agents of nonresidential facilities and properties if the post-consumer 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 § 363-11E through O from solid waste in as pure a form as is technically feasible.
[Amended 2-12-2008 by Ord. No. 1017]
[Amended 12-27-1994 by Ord. No. 926; 2-12-2008 by Ord. No. 1017]
A.
For the purpose of ascertaining compliance with the provisions of this article, any authorized officer, employee or representative of the City of Neillsville may inspect recyclable materials separated for recycling post-consumer 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 City of Neillsville 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 City of Neillsville to collect forfeitures. 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.
[Added 11-10-1998 by Ord. No. 958]
All receptacles for refuse and rubbish and all bundles of rubbish shall be placed near the curb of the property in an accessible location for the garbage collector not earlier than 24 hours before the regular collection time. All receptacles for refuse and garbage disposal shall be removed from the curbside collection point within 24 hours after the regular collection time.
[Added 11-10-1998 by Ord. No. 958]
No persons shall allow garbage or other refuse materials to accumulate on his/her private property for such a period, or in such a manner, as to permit the breeding of flies or mosquitoes or to cause a nuisance from obnoxious odors, or to constitute other health or fire hazards. Whenever and wherever garbage collection is provided for under the terms of this article, no garbage shall be buried in the ground, nor deposited in any unauthorized area, nor burned in the open air or in an outdoor furnace.