[HISTORY: Adopted by the Town Board of the
Town of Ledgeview as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-11-2003 by Ord. No. 2003-009]
This article shall be known as "Town of Ledgeview,
3700 Dickinson Road, Brown County, Wisconsin, Recycling Ordinance
For The Town of Ledgeview."
The purpose of this article is to promote recycling,
composting and resource recovery through the administration of an
effective recycling program, as provided in W.S.A. s. 287.11, and
Chapter NR 544, Wisconsin Administrative Code.
This article is adopted as authorized under
W.S.A. s. 287.09.
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 Chapter
NR 544, Wisconsin Administrative Code, and where the ordinance provision
is unclear, the provision shall be interpreted in light of the Wisconsin
statutes and the Chapter 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 Town limits of the Town of Ledgeview.
The provisions of this article shall be administered
by the Town Board of the Town of Ledgeview.
The provisions of this article shall take effect
on November 18, 2003, and this article supersedes the previous ordinance
effective January 1, 1994.
For the purposes of this article, the following
terms shall have the meanings indicated:
A container for carbonated or malt beverages that are 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 No. 2.
Low-density polyethylene, labeled by the SPI code No. 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.
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 W.S.A. s. 66.0131(1)(a), 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 W.S.A. s. 291.01(7), waste
from construction and demolition of structures, scrap automobiles,
or high-volume industrial waste, as defined in W.S.A. s. 289.01(7).
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, LOPE, PP, PS and other resins or multiple resins; steel
containers; waste tires; and bimetal containers.
Has the meaning specified in W.S.A. s. 289.01(33).
Has the meaning specified in W.S.A. s. 289.01(35).
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, multiplefamily 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.
Newspaper.
L.
Office paper.
M.
Rigid plastic containers made of PETE, HDPE, PVC,
LDPEI PP, PS and other resins or multiple resins.
N.
Steel containers.
O.
Waste tires.
The separation requirements of § 83-10 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 postconsumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 83-10 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 § 83-10 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, multiplefamily dwellings and nonresidential facilities
and properties shall manage lead acid batteries, major appliances,
waste oil, waste tires and yard waste as follows:
A.
Lead acid batteries shall be separated from all other
materials and recycled by the individual resident at a battery sales
business or other recycling business.
B.
Major appliances shall be recycled by the individual
residents.
C.
Waste oil shall be disposed of at an oil recycling
collection station by the individual resident.
D.
Waste tires shall be delivered by the individual resident
to an appropriate garage or recycling center for disposal.
E.
Yard waste shall be composted in the yard of the residence
from which it comes or shall be taken by resident or his or her contracted
hauler to the yard waste site on Rockland Road.
Except as otherwise directed by the Town Board, 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 § 83-10E through N:
A.
Aluminum containers shall be rinsed free of product
residue and placed in the designated commingle receptacle and placed
at the curb or end of the driveway on the designated day for collection.
B.
Bimetal containers shall be rinsed free of product
residue and placed in the commingle receptacle and placed at the curb
or end of the driveway on the designated day for collection.
C.
Corrugated paper or other container board shall be
flattened to not more than three feet by three feet, tied or stacked
in a receptacle and placed at the curb or end of the driveway on the
designated day for collection.
D.
Foam polystyrene packaging shall be reused, if possible,
or discarded in the garbage receptacle. The receptacle shall be placed
at the curb or end of the driveway on the designated day for collection.
E.
Glass containers shall be rinsed free of product residue
and placed in the designated commingle receptacle. This receptacle
shall be placed at the curb or end of the driveway on the designated
day for collection.
F.
Magazines shall be tied or stacked in a receptacle
and placed at the curb or end of the driveway on the designated day
for collection.
G.
Newspaper shall be tied or stacked in a receptacle
and placed at the curb or end of the driveway on the designated day
for collection.
H.
Office paper shall be tied or stacked in a receptacle
and placed at the curb or end of the driveway on the designated day
for collection.
I.
Rigid plastic containers shall be prepared and collected
as follows:
(1)
All plastic containers shall be rinsed free of product
residue and placed in the designated commingle receptacle. The receptacle
shall be placed at the curb or end of the driveway on the designated
day for collection. Automotive oil bottles shall be placed in the
garbage.
J.
Steel containers shall be rinsed free of product residue
and placed in the designated commingle receptacle. The receptacle
shall be placed at the curb or end of the driveway on the designated
day for collection.
A.
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 83-10E 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 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 § 83-10E 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 § 83-10E 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 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 § 83-10E 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 article, any authorized officer, employee or representative
of the Town of Ledgeview 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 Town of Ledgeview 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 Town Board of the Town of Ledgeview
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 11-16-2021 by Ord. No. 2021-20]
A.
This policy will establish standard guidelines that will lead to compliance with the Town of Ledgeview's recycling ordinance. The Director of Public Works is responsible for enforcing the Town's recycling ordinance. The Town's staff and personnel shall follow the guidelines identified in this Compliance Assurance Plan in response to issues associated with recycling and solid waste. This plan is intended to meet the requirements of § NR 544.04(9g), Wis. Adm. Code, as well as the Town's recycling ordinance. All citations shall be issued per Town of Ledgeview's municipal code Chapter 1, Article II, § 1-16.
B.
Resident/property
owner with no methods for recycling in place.
(1)
The
Director of Public Works shall send a letter to property owner reminding
them of the requirement to comply with the Town's recycling ordinances.
Other educational materials will also be provided as needed. When
possible the Director of Public Works will call the property owner
and convey this information.
(2)
Director
of Public Works shall send a letter to property owner giving them
30 days to comply with the local recycling ordinance and informing
them they are subject to the issuance of a citation and forfeiture
amount for failing to comply.
(3)
After
30 days has passed, the Director of Public Works shall inspect he
property to determine if the property is in compliance with the ordinance.
If found to be noncompliant, the citation officer shall issue the
property owner a citation per Ledgeview's Municipal Code.
C.
Resident/property
owner depositing unacceptable materials found mixed with recyclables.
(1)
The
recycling route driver shall notify the resident/property owner by
tagging the recycling bin.
(2)
Continued
occurrences shall result in tagging the recycling bin and leaving
it at the curb. The Director of Public Works will issue a letter and
if compliance is not achieved, a citation will be issued.
D.
Resident/property
owner depositing recyclable materials found in trash.
(1)
The
garbage route driver shall collect material and leave notice tagged
to container educating resident/property owner.
(2)
Continued
occurrences shall result in a letter issued by the Director of Public
Works. If compliance is not achieved, a citation will be issued per
Ledgeview's Municipal Code.
E.
Multifamily
apartment and business recycling noncompliance procedure.
(1)
A
letter and educational material informing of recycling policy shall
be sent to both property owner and tenant(s).
(2)
The
property owner and tenant shall be given two weeks to be in compliance.
(3)
If
the property owner/tenant are not in compliance within two weeks of
notice, a citation will be issued to the property owner per Ledgeview's
Municipal Code.
[Adopted 2-15-2016 by Ord. No. 2016-004]
A.
Location
of Containers for Collection.
(1)
Residential,
to include agricultural residents. Residential garbage and collectible
recyclables from buildings containing not more than four residential
dwelling units will be prepared and placed for collection. Placement
location: Containers shall be placed on the driveway apron or on the
grassy area immediately adjacent to the curb. Containers shall be
placed with the opening facing the street or curb. If the property
does not have a curb, the containers shall be placed on the grassy
area a minimum of 18 inches from the edge of the roadway or on the
driveway apron.
(2)
Multifamily.
Residential garbage and collectible recyclables from buildings containing
more than four residential dwelling units will be prepared and placed
for collection. Placement location: Containers shall be placed on
the driveway apron or on the grassy area immediately adjacent to the
curb. Containers shall be placed with the opening facing the street
or curb. If the property does not have a curb, the containers shall
be placed on the grassy area a minimum of 18 inches from the edge
of the roadway or on the driveway apron.
(3)
At
no time shall a garbage or recyclable cart be placed in the street
or in the curb.
