[HISTORY: Adopted by the Village Board of the Village of Mishicot 10-7-2025 by Ord. No. 2025-04.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 293, Solid Waste, Art. I, Recycling, adopted 10-4-1994 (Secs. 19.01 to 19.19 of the former Municipal Code), as amended, and Art. II, Solid Waste Contractors, adopted 12-6-1994 (Sec. 19.20 of the former Municipal Code), as amended.
The purpose of this chapter 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.
It is not intended by this chapter 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 chapter imposes greater restrictions, the provisions of this chapter shall apply.
In their interpretation and application, the provisions of this chapter 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 chapter may be inconsistent or conflicting, the more restrictive requirements or interpretation shall apply. Where a provision of this chapter is required by Wisconsin Statutes, or by a standard in Ch. NR 544, Wis. Adm. Code, and where the Chapter 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 chapter, or in effect on the date of the most recent text amendment to this chapter.
For the purpose of this chapter:
BI-METAL CONTAINER
means a container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.
CONTAINER BOARD
means corrugated paperboard used in the manufacture of shipping containers and related products.
FOAM POLYSTYRENE PACKAGING
means 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.
GLASS CONTAINER
means a glass bottle, jar or other packaging container used to contain a product that is the subject of a retail sale and does not include ceramic cups, dishes, oven ware, plate glass, safety and window glass, heat-resistant glass such as Pyrex, lead-based glass such as crystal, or TV tubes.
HDPE
means high-density polyethylene, labeled by the resin code #2.
LDPE
means low-density polyethylene, labeled by the resin code #4.
MAGAZINES
means magazines and other materials printed on similar paper.
MAJOR APPLIANCE
means 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
means a structure containing five or more residential units, including units that are occupied seasonally.
NEWSPAPER
means a newspaper and other materials printed on newsprint.
NON-RESIDENTIAL FACILITIES AND PROPERTIES
means commercial, retail, industrial, institutional and government facilities and properties. Non-residential facilities and properties includes any location at which goods or services are provided or manufactured, including locations under construction, demolition, or remodeling, or used for special events such as fairs, festivals, sport venues, conferences, and exhibits. This term does not include multiple-family-dwellings.
OFFICE PAPER
means a variety of high-grade printing and writing papers. This term does not include industrial process waste, newspaper or packaging.
OTHER RESINS or MULTIPLE RESINS
mean plastic resins labeled by the resin code #7.
PERSON
includes any individual, corporation, limited-liability company, partnership, association, local government unit, as defined in§ 66.0131(1)(a), Wis. Stats., state agency or authority or federal agency.
PETE OR PET
means polyethylene terephthalate, labeled by the resin code #1.
PLASTIC CONTAINER
means 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
means 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
means polypropylene, labeled by the resin code #5.
PS
means polystyrene, labeled by the resin code #6.
PV
means polyvinyl chloride, labeled by the resin code #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 bi-metal 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
means 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
means a tire that is no longer suitable for its original purpose because of wear, damage or defect.
YARD WASTE
means 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 non-residential 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. 
Bi-metal 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
The separation requirements of § 293-8 do not apply to the following:
A. 
Occupants of single-family and two-to-four-unit residences, multiple-family dwellings and non-residential 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 § 293-8 from solid waste in as pure a form as is technically feasible.
B. 
Solid waste which is burned as a supplement fuel at a facility if less than 30% of the heat input to the facility is derived from the solid waste burned as supplement fuel.
C. 
A recyclable material specified in § 293-8E 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.
To the greatest extent practicable, the recyclable materials separated in accordance with § 293-8 shall be clean and kept free of contaminants such as food or product residue, oil or grease, or other non-recyclable 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 non-residential facilities and properties shall manage lead acid batteries, major appliances, waste oil, and yard waste as follows:
A. 
Lead acid batteries shall be taken to the Salvage Battery & Lead Company, 175 South Rockway Street, Mishicot, WI, for disposal.
B. 
Major appliances shall be taken to the Salvage Battery & Lead Company, 175 South Rockway Street, Mishicot, WI, for disposal.
C. 
Waste oil shall be taken to the Manitowoc County Recycling Center, 3000 Basswood Drive, Manitowoc, WI, for disposal.
D. 
Yard waste shall be taken to the Manitowoc County yard waste collection site located on the east side of Woodland Drive just to the south of STH 310 in the Township of Manitowoc.
Except as otherwise directed by the Village of Mishicot, 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 § 293-8E through O:
A. 
Aluminum containers shall be rinsed free of product residue and placed in the designated receptable of an established drop-off site during the days and hours of operation.
B. 
Bi-metal containers shall be rinsed free of product residue and placed in the designated receptacle of an established drip-off site during the days and hours of operation.
C. 
Corrugated paper or other container board shall be free of debris, flattened and placed in the designated receptacle of an established drop-off site during the days and hours of operation.
D. 
Foam polystyrene packaging shall be free of debris, flattened, stacked and tied and placed in the designated receptacle of an established drop-off site during the days and hours of operation.
E. 
Glass containers shall be rinsed free of product residue and caps shall be removed and discarded. The containers shall be separated by color and placed in the designated receptacle of an established drop-off site during the days and hours of operation.
F. 
Magazines shall be clean and dry, placed in a brown paper bag and placed in the designated receptacle of an established drop-off site during the days and hours of operation.
G. 
Newspaper shall be clean and dry, placed in a brown paper bag and placed in the designated receptacle of an established drop-off site during the days and hours of operation.
H. 
Office paper shall be clean and dry and placed in a brown paper bag and placed in the designated receptacle of an established drop-off site during the days and hours of operation.
I. 
Rigid plastic containers shall be rinsed free of product residue and caps shall be removed and discarded. The containers shall be placed in the designated receptacle of an established drop-off site during the days and hours of operation. Do not tie milk jugs together or tie in plastic bags.
J. 
Steel containers shall be taken to the Salvage Battery & Lead Company, 175 South Rockway Street, Mishicot, WI.
K. 
Waste tires shall be disposed of at the Manitowoc County Recycling Center, 3000 Basswood Road, Manitowoc, WI.
A. 
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 293-8E through O:
(1) 
Provide adequate, separate containers for the recycling program established in compliance with the chapter. The number of recycling containers shall equal or be greater than the number of trash containers and at least one of the following shall be met:
(a) 
The minimum total volume of recycling container space is equal to 20 gallons per week per dwelling unit.
(b) 
The ratio of trash container volume to recycling container volume is at most 2:1.
(c) 
An alternative method that does not result in the overflow of a recycling container during the time period between collection of materials and delivery to a recycling facility.
(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 which materials are collected, how to prepare the materials in order to meet the processing requirements, collection methods or sites, and locations of drop-off collection sites to recycle materials not collected on-site.
B. 
The requirements specified in Subsection A 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 § 293-8E through O from solid waste in as pure a form as is tectonically feasible.
A. 
Owners or designated agents of non-residential facilities and properties shall do all of the following to recycle the materials specified in § 293-8E through O:
(1) 
Provide adequate, separate containers for the recycling program established under this section. The total volume of recycling containers shall be sufficient to avoid overflow during the time period between collection of materials and delivery to a recycling facility.
(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 which materials are collected, how to prepare materials in order to meet the processing requirements, collection methods or sites, and locations of drop-off collection sites to recycle materials not collected on-site.
B. 
The requirements specified in Subsection A do not apply to the owners or designated agents of non-residential 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 § 293-8E through O from solid waste in as pure a form as is technically feasible.
A. 
For the purpose of ascertaining compliance with the provisions of this chapter, any authorized officer, employee or representative of the Village of Mishicot 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 non-residential 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 Village of Mishicot 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 chapter may be issued a citation by any Village of Mishicot law enforcement officer to collect forfeitures. The issuance of a citation shall not preclude proceeding under any other regulation or law relating to the same or any other matter. Proceeding under any other regulation or law relating to the same or any other matter shall not preclude the issuance of a citation under this Subsection.
C. 
Penalties for violating this chapter may be assessed as follows:
(1) 
Any person who violates § 293-15 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 chapter, except § 293-15, may be required to forfeit not less than $50 or more than $1,000 for each violation.
Any person or firm offering solid waste disposal services shall meet the following requirements:
A. 
Offer all their customers curbside pickup of recyclables and provide a bin(s) for such.
B. 
Offer solid waste pickup on a volume-based system with a set charge for each thirty-gallon bag or container.
C. 
Provide the Village with tonnage figures for recyclable material collected at minimum on an annual basis.
D. 
Pay all landfill tipping fees for disposal of solid waste collected in the Village.