[Adopted 8-5-1997 by Ord. No. 1461 as
Sec. 27.19 of the 1997 Code]
[Amended 12-15-1998 by Ord. No. 98-1526]
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.
[Amended 12-15-1998 by Ord. No. 98-1526]
This article is adopted as authorized under
§§ 287.09(3)(b) and 62.11(5), 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 section 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 article, or in effect on the date of the most recent text
amendment to this article.
The requirements of this article apply to all
persons within the City.
The provisions of this article shall take effect
on January 1, 1995.
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 paperboard 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 #2, and
for illustration purposes only, generally includes milk jugs, detergent
bottles and bleach bottles.
Low density polyethylene, labeled by the SPI Code #4, and
for illustration purposes only, generally includes grocery store produce
bags, bread bags, food wrap and mustard squeeze bottles.
Magazines and other materials printed on similar glossy paper.
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator,
furnace, boiler, dehumidifier, water heater or stove.
[Amended 12-15-1998 by Ord. No. 98-1526]
A property containing five or more residential units, including
those which are occupied seasonally, but does not include a condominium
unit, each condominium unit within the City being considered a single-family
residence for the purposes of this article.
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 #7.
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.
[Amended 3-5-2002 by Ord. No. 2002-1708]
Polyethylene terephthalate, labeled by the SPI Code #1, and
for illustration purposes only, generally includes two-liter soft
drink bottles.
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 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 § 291.01(7)
Wis. Stats.
[Amended 12-15-1998 by Ord. No. 98-1526]
Polypropylene, labeled by the SPI Code #5, and for illustration
purposes only, generally includes yogurt containers, shampoo bottles,
straws, syrup bottles and margarine tubs.
Polystyrene, labeled by the SPI Code #6, and for illustration
purposes only, generally includes plastic foam, hot beverage cups,
fast-food clamshell containers, egg cartons and meat trays.
Set forth in an ordinance adopted by the Common Council,
in a newspaper of general circulation in the City or in a notice mailed
to City residents.
Polyvinyl chloride, labeled by the SPI Code #3, and for illustration
purposes only, generally includes cooking oil bottles and packaging
around meat.
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.
[Amended 12-15-1998 by Ord. No. 98-1526]
Has the meaning specified in § 289.01(35), Wis.
Stats.
[Amended 12-15-1998 by Ord. No. 98-1526]
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.
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 (applies only to nonresidential facilities
and properties).
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 § 218-28 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 Department of Natural Resources that recovers the materials specified in § 218-28 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.
To the greatest extent practicable, the recyclable materials separated in accordance with § 218-28 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.
Lead acid batteries shall be transported by the owner
thereof to any recycling business or person authorized by law to accept
lead acid batteries for recycling.
B.
Major appliances shall be transported by the owner
thereof to any recycling business or person authorized by law to accept
major appliances for recycling.
C.
Waste oil shall be transported by the owner thereof
to the City recycling center at 7811 West Ryan Road or to any recycling
business or person authorized by law to accept waste oil for recycling.
D.
Yard waste, excepting grass clippings, shall be placed
at curbside by the occupant for collection by the City solid waste
contractor on such dates as published by the City. Grass clippings
shall not be collected by the City or its solid waste contractor.
Grass clippings shall be mulched or composted on the property from
which they were obtained or transported by the owner thereof to any
recycling business or person authorized by law to accept grass clippings
for composting, recycling or disposal.
E.
Waste tires shall be transported by the owner thereof
to any recycling business or person authorized by law to accept waste
tires for recycling.
Except as directed by the Director of Public Works or his or her designee, 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 § 218-28:
A.
Aluminum containers shall be rinsed free of product
residue, crushed or flattened, placed in the approved recycling bin
and placed at curbside on such dates as published by the City for
collection.
B.
Bimetal containers shall be rinsed free of product
residue, placed in the approved recycling bin and placed at curbside
for collection on the date as published by the City for collection.
C.
Corrugated paper or other container board shall be
free of debris, flattened, stacked and tied and placed at curbside
for collection on the dates as published by the City.
D.
Foam polystyrene packaging shall be placed in the
approved recycling bin and placed at curbside for collection on the
dates as published by the City.
E.
Glass containers shall be rinsed free of product residue,
placed in the approved recycling bin and placed at curbside for collection
on the dates as published by the City.
F.
Magazines shall be bound with string or twine or placed
in a paper bag and placed at curbside for collection on the dates
as published by the City.
G.
Newspapers shall be bound with string or twine or
placed in a paper bag and placed at curbside for collection on the
dates as published by the City.
H.
Rigid plastic containers, including those made of
PETE and HDPE [containers made of PVC, LDPE, PP, PS or other resins
or multiple resins are currently (8/94) exempt from recyclable collection
by the Department of Natural Resources variance], shall be rinsed
free of product residue, placed in the approved recycling bin and
be placed at curbside for collection on the dates as published by
the City.
I.
Steel containers shall be rinsed free of product residue,
placed in the approved recycling bin and be placed at curbside for
collection on the dates as published by the City.
A.
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 218-28:
(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 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 § 218-28 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 § 218-28:
(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 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 § 218-28 from solid waste in as pure a form as is technically feasible.
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 § 218-28 which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.
No person shall engage in the business of hauling
recyclables within the City without being licensed by the Department
of Natural Resources under § NR 502.06, Wis. Adm. Code.
Any contractor operating in the City shall not
transport for processing any recyclables to a processing facility
unless that facility has been approved, in writing, by the City and,
by January 1, 1995, the facility has self-certified with the Department
of Natural Resources under § NR 544.16, Wis. Adm. Code.
It shall be unlawful for any person, unless
under contract with or licensed by the City, to collect or remove
any recyclable material that has been deposited or placed at the curb
or in a container adjacent to a home or nonresidential building for
the purpose of collection for recycling.
A.
It shall be unlawful for any person to dispose of or dump garbage in any street, alley or other public place within the City or in any receptacles or on private property without the owner's consent unless it is placed in bags or containers in the manner and at the times specified by this article and § 218-4 of this chapter.
B.
No person shall place for collection any garbage at
the curb of property not owned or occupied by such person.
It shall be unlawful for any person to burn
or bury solid waste or recyclables unless such person is authorized
or licensed to do so by the Department of Natural Resources.
[Amended 12-15-1998 by Ord. No. 98-1526]
No person shall place for disposal or municipal
collection any of the following wastes: hazardous and toxic wastes,
chemicals, explosives, flammable liquids, paint, trees and stumps,
construction debris (excepting a minor amount not exceeding the equivalent
volume of a thirty-two-gallon container per curbside collection),
carcasses, medical wastes. Infectious waste, including sharps, may
not be included in curbside garbage and must undergo treatment that
shall render the waste noninfectious.
No person shall bring refuse for disposal (and
recyclables) from outside the corporate limits into the City unless
authorized by written agreement with the City.
A.
Haulers may not dispose in a landfill or burn in a
solid waste facility any recyclable materials generated in the City
that have been separated for recycling.
B.
Haulers shall not compact glass with paper during
collection and transport of recyclables to a processing facility or
market, and shall maintain materials in marketable condition.
The hauler has the right to reject or leave
at the curb any recyclable material that is not prepared according
to the specifications in this article or in education material provided
by the contractor or the City to the service recipients. Materials
may also be left if not separated from solid waste, placed in the
proper containers or are not designated recyclable materials for collection.
The hauler also has the right to refuse to pick up any solid waste
if it contains recyclable containers or material. In such cases, the
hauler shall notify the generator of the materials about the reasons
for rejecting the items, in writing. The hauler shall also keep a
list of such occurrences and provide it to the City at least quarterly
each year.
Haulers who collect solid waste or recyclables
in the City for storage, treatment, processing, marketing or disposal
shall obtain and maintain all necessary municipal, federal and state
permits, licenses and approvals prior to collecting any materials
in the City.
The recycling haulers and processors operating
in the municipality are required to maintain records and report, in
writing, to the City at least quarterly each year. Reports shall include:
the amount of solid waste and recyclables collected and transported
from the municipality; the amount of solid waste and recyclables processed
and/or marketed by item type from the municipality; and the final
disposal location of solid waste and recyclable material. Failure
to report shall be cause for the municipality to revoke any license
or sever any contract with the hauler/processor.
Recyclable materials, upon collection by any
permitted collection contractor, shall become the property of the
contractor.
The City reserves the right to designate additional
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 services provided by the City or
its contractors. The City shall publish any such change in designated
recyclable materials.
The City shall establish the time of collection
of solid waste and recyclables, and the Clerk shall publish such collection
schedule upon its inception and at any time when the collection schedule
is changed.
A.
Solid waste shall be placed for collection in bags or containers, as set forth under § 218-4 of this chapter.
B.
Recyclables shall be placed in recyclable bins approved
by the City. Yard waste shall not be enclosed in plastic bags, except
dry leaves, which for the fall leaf collection only may be contained
in fifty-five-gallon-size plastic bags, full weight not to exceed
80 pounds. Brush shall be packaged so as not to exceed one foot in
diameter and five inches in length. Wooden logs cannot exceed five
inches in length or six inches maximum cross-sectional dimension.
Collection of materials under this subsection shall be limited to
five cubic yards per residence per each collection.
Except as otherwise specifically directed or
authorized by the City, solid waste and recycling containers shall
be placed within five feet of the curbline or the edge of roadway
pavement, adjacent to the premises owned or occupied by the person.
Materials should be placed out for collection according to the scheduled
days established and published by the City. All collections shall
occur between the hours of 7:00 a.m. and 6:00 p.m.
A.
For the purpose of ascertaining compliance with the
provisions of this article, the Director of Public Works or his or
her designee 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
information. No person may refuse access to such authorized officer
of the City 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 Director of Public Works or his
or her designee 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 section.
C.
Penalties for violating this article may be assessed
as follows:
(1)
Any person who violates § 218-35 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. Each day that a violation continues shall constitute a separate violation. To such forfeiture shall be added the costs of prosecution and, in default of payment of such forfeiture and costs, shall be imprisoned in the county jail or house of correction until paid, but not exceeding 90 days.
(2)
Any person who violates any provision of this article except § 218-35 may be required to forfeit not less than $10 nor more than $1,000 for each violation. Each day that a violation continues shall constitute a separate violation. To such forfeiture shall be added the costs of prosecution and, in default of payment of such forfeiture and costs, shall be imprisoned in the county jail or house of correction until paid, but not exceeding 90 days.
