Village of Shorewood, WI
Milwaukee County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
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.
This article is adopted as authorized under § 287.09, Wis. Stats.
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 provision of this article is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and 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.
The requirements of this article shall apply to all persons within the Village of Shorewood.
The provisions of this article shall be administered by the Director of the Department of Public Works of the Village of Shorewood.
For the purposes of 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 paper board 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 Number 2.
LDPE
Low-density polyethylene, labeled by the SPI Code Number 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, oven, refrigerator or stove.
MULTIPLE-FAMILY DWELLING
A property containing four or more residential units, including those which are occupied seasonally.
[Amended 9-18-1995 by Ord. No. 1716]
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 multifamily 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 Number 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 Number 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 Number 5.
PS
Polystyrene, labeled by the SPI Code Number 6.
PVC
Polyvinyl chloride, labeled by the SPI Code Number 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.
[Amended 4-11-1994 by Ord. No. 1681; 9-18-1995 by Ord. No. 1716]
Occupants of single-family, two- and three-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 § 455-13 do not apply to the following:
A. 
Occupants of single-family, two- and three-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 § 455-13 from solid waste in as pure a form as is technically feasible.
[Amended 9-18-1995 by Ord. No. 1716]
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 § 455-13E 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 § 455-13 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. 
Occupants of single-family, two- and three-unit residences, multiple-family dwellings and nonresidential facilities and properties shall manage lead acid batteries, major appliances, waste oil, and yard waste as follows:
[Amended 9-18-1995 by Ord. No. 1716]
(1) 
Lead acid batteries shall be brought into the Department of Public Works yard for disposal.
(2) 
Major appliances shall be brought into the Department of Public Works yard on the first Saturday of the month from December through March and on the first and third Saturdays of the month from April through November, between 8:00 a.m. and 2:00 p.m. There is a fee as provided by the Village Fee Schedule for disposal.
[Amended 2-25-2008 by Ord. No. 1935]
(3) 
Waste oil shall be brought into the recycling center at the Department of Public Works yard.
(4) 
Yard waste shall be bagged in paper bags and placed at the curb for pickup.
B. 
The above items may also be disposed of as allowed under law.
[Amended 9-18-1995 by Ord. No. 1716; 4-16-2018 by Ord. No. 2093]
A. 
Except as otherwise directed by the Village of Shorewood, occupants of single-family and two- and three-unit residences shall do the following for the preparation and collection of the separated materials specified in § 455-13E through O:
(1) 
Aluminum containers shall be placed in the recycling container furnished by the Village and left at the collection point.
(2) 
Bimetal containers shall be placed in the recycling container furnished by the Village and left at the collection point.
(3) 
Corrugated cardboard and other paper board (noncorrugated) shall be placed in the recycling container furnished by the Village and left at the collection point.
(4) 
Glass containers shall be placed in the recycling container furnished by the Village and left at the collection point.
(5) 
Magazines shall be placed in the recycling container furnished by the Village and left at the collection point.
(6) 
Newspapers shall be bundled or placed in the recycling container furnished by the Village and left at the collection point.
(7) 
Office papers shall be placed in the recycling container furnished by the Village and left at the collection point.
(8) 
Rigid plastic containers shall be prepared and collected as follows:
(a) 
Plastic containers made of PETE, including all No. 1 through 7 plastics, shall be placed in the recycling container furnished by the Village and left at the collection point.
(9) 
Steel containers shall be placed in the recycling container furnished by the Village and left at the collection point.
(10) 
Waste tires shall be brought to the recycling dropoff center in the Department of Public Works yard. A fee of as provided by the Village Fee Schedule shall be charged by the Village for each tire.
B. 
The items referred to in Subsection A(1) through (10) of this section may also be disposed of by bringing them to the recycling dropoff center in the Department of Public Works yard.
A. 
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 455-13E 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 of this section 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 § 455-13E 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 § 455-13E 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 Subsection A of this section 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 § 455-13E through O from solid waste in as pure a form as is technically feasible.
A. 
Provide space for recycling in buildings. A person in the Village of Shorewood owning or occupying a new building or building that is remodeled or expanded by 50% or more in floor area shall provide a designated area for the separation, temporary storage and collection of solid waste and recyclables either within or adjacent to the building.
B. 
Hauler licensing. No person or corporation shall engage in the business of hauling recyclables within the Village of Shorewood without being licensed by the Department of Natural Resources under § NR 502.06, Wis. Adm. Code. Haulers who collect solid waste or recyclables in the Village of Shorewood for storage, treatment, processing, marketing or disposal shall obtain and maintain all necessary municipal and state permits, licenses and approvals prior to collecting any materials in the Village.
C. 
Processing facilities. Any contractor operating in the Village of Shorewood shall not transport for processing any recyclables to a processing facility unless that facility has been approved in writing by the Village of Shorewood and, by January 1, 1995, the facility has self-certified with the Wisconsin Department of Natural Resources under § NR 544.16, Wis. Adm. Code.
D. 
Antiscavenging or unlawful removal of recyclables. It shall be unlawful for any person, unless under contract with or licensed by the Village of Shorewood, to collect or remove any recyclable material that has been deposited or placed at the curb in an approved container or adjacent to a nonresidential building for the purposes of collecting for recycling in an approved container.
E. 
No dumping.
[Amended 4-16-2018 by Ord. No. 2093]
(1) 
It shall be unlawful for any person to dispose of or dump garbage in any Village street, alley, or other public place within the Village of Shorewood or in any receptacles or on private property without the owner's consent unless it is placed in paper bags or approved containers in the manner and at the times specified under the Village Code.
(2) 
No person shall place for collection any garbage or recyclables at the curb adjacent to a residence not owned or occupied by such person.
F. 
No burning or burying. It shall be unlawful to burn or bury solid waste or recyclables in residential and nonresidential zoned areas and at construction sites.
G. 
Nondisposable materials. It shall be unlawful for any person to place for disposal any of the following wastes: hazardous and toxic waste, chemicals, explosives, flammable liquids, paint, trees and stumps, construction debris, carcasses, and medical waste (unless sharps, including needles and lancets, are placed in a red biohazard box and said box is disposed of at designated and authorized sharps dropoff sites).
H. 
Garbage from outside of municipality. Other than Village residents, it shall be unlawful for anyone to bring and leave refuse and recyclables for disposal from outside the corporate limits into the Village of Shorewood unless authorized by agreement with the Village.
I. 
Right to reject materials. The Village of Shorewood or its contractor has a right to reject or leave at the curb any recyclable material that is not prepared according to the specifications established in the Village Code or in education material provided by the contractor to the service recipients. Materials may also be left if not separated from solid waste, placed in the proper container, or not designated recyclable materials for collection. The collector also has the right to refuse to pick up any solid waste if it contains recyclable containers and materials. In such cases, the collector shall notify the generator of the materials about the reasons for rejecting the items, either in writing or verbally. The collector shall also keep a list of such occurrences and provide it to the Village as required by the Village.
J. 
Reporting requirements. The recycling haulers and processors operating in the Village of Shorewood are required to maintain records and report in writing to the Director of the Department of Public Works of the Village at least twice each year. Reports shall include: the amount of solid waste and recyclables collected and transported from the Village; the amount of solid waste and recyclables processed and/or marketed by item type from the Village; and the final disposal location of solid waste and recyclable material. Failure to report shall be cause for the Village to revoke any licenses or sever any contract with the hauler-processor.
K. 
Ownership of recyclables and refuse. Recyclable materials and refuse, upon placement at the curb, or adjacent to the alley, shall become the property of the Village of Shorewood. Recyclable materials, upon collection by any permitted collector, shall become the property of the contractor.
L. 
Exemptions. The Village of Shorewood reserves the right to designate additional solid waste materials as recyclable, or currently collected materials as no longer recyclable, in accordance with state law and to either add or delete them from any collection service provided by the municipality or its contractors. The municipality shall provide written notice to its service recipients of this declaration.
M. 
Collection schedule. The Village of Shorewood shall establish the time of collection of solid waste and recyclables, and the Director of Public Works shall publish and provide written notice of the collection schedule at least once of each year and at any time when the collection schedule is changed.
[Amended 4-16-2018 by Ord. No. 2093]
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 § 455-13E through O which have been separated for recycling, except that 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 Village of Shorewood 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 Village of Shorewood who requests access for purposes of inspection and who presents appropriate credentials. No person may obstruct, hamper or interfere with such an inspection.
[Amended 4-11-1994 by Ord. No. 1681]
B. 
Any person who violates a provision of this article may be issued a citation by a member of the Shorewood Police Department 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.
C. 
Penalties for violating this article may be assessed as follows:
[Amended 4-11-1994 by Ord. No. 1681]
(1) 
Any person who violates § 455-21 may be required to forfeit $50 for the 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 article, except § 455-21, may be required to forfeit not less than $10 nor more than $1,000 for each violation.