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:
A container for carbonated or malt beverages that is made
primarily of a combination of steel and aluminum.
Corrugated paper board used in the manufacture of shipping
containers and related products.
Packaging made primarily from foam polystyrene that satisfies
one of the following criteria:
High-density polyethylene, labeled by the SPI Code Number
2.
Low-density polyethylene, labeled by the SPI Code Number
4.
Magazines and other materials printed on similar paper.
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator
or stove.
A property containing four or more residential units, including
those which are occupied seasonally.
[Amended 9-18-1995 by Ord. No. 1716]
A newspaper and other materials printed on newsprint.
Commercial, retail, industrial, institutional and governmental
facilities and properties. This term does not include multifamily
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 Number 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 Number
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 structures, scrap
automobiles or high-volume industrial waste, as defined in § 289.01(17),
Wis. Stats.
Polypropylene, labeled by the SPI Code Number 5.
Polystyrene, labeled by the SPI Code Number 6.
Polyvinyl chloride, labeled by the SPI Code Number 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. "Treatment" 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.
[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.
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.
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]
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.
