[HISTORY: Adopted by the Town Board of the
Town of Linn 11-13-1995 (Ch. 15 of the 1995 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Garbage and refuse pickup — See Ch. 16.
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.
This chapter is adopted as authorized under
§ 287.09, 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 provision of this chapter 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.
The requirements of this chapter apply to all
persons within the Town of Linn.
The provisions of this chapter shall be administered
by the Town Board of the Town of Linn or any designated commission
or committee duly appointed by the Town Board.
As used in this chapter, 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 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, capacitorless microwave oven,
oven, refrigerator, stove, residential or commercial furnace, boiler,
dehumidifier and water heater.
A property containing five 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 government unit, as defined in § 66.0131(1)(a), Wis.
Stats., 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 § 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 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, 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.
Occupants of single-family and two- to four-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.
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 § 15-8 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 § 15-8 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 § 15-8 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 deposited by the person
responsible therefor pursuant to procedures established by the Town
Board.
B.
Major appliances shall be deposited by the person
responsible therefor pursuant to procedures established by the Town
Board.
C.
Waste oil shall be deposited by the person responsible
therefor pursuant to procedures established by the Town Board.
D.
Yard waste shall be deposited by the person responsible
therefor pursuant to procedures established by the Town Board.
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 § 15-8E through O:
A.
Aluminum containers shall be placed in such containers
as are designated and provided by the Town Board.
B.
Bimetal containers shall be rinsed free of produce
residue and placed in such containers as are designated by the Town
Board.
C.
Corrugated paper or other container board shall be
free of debris, flattened, stacked and tied and placed at such locations
as are designated by the Town Board.
D.
Foam polystyrene packaging shall be placed in such
containers as are designated and provided by the Town Board.
E.
Glass containers shall be rinsed free of product residue
and placed in such containers as are designated by the Town Board.
F.
Magazines shall be stacked, tied and placed at such
locations as are designated by the Town Board.
G.
Newspaper shall be stacked, tied and placed at such
locations as are designated by the Town Board.
H.
Office paper shall be stacked, tied and placed at
such locations as are designated by the Town Board.
J.
Steel containers shall be deposited by the person
responsible therefor pursuant to procedures established by the Town
Board.
K.
Waste tires shall be deposited by the person responsible
therefor pursuant to procedures established by the Town Board.
A.
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 15-8E 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 § 15-8E 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 § 15-8E 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 § 15-8E through O from solid waste in as pure a form as is technically feasible.
No person or corporation shall engage in the
business of hauling recyclables within the Town without being licensed
by the Department of Natural Resources under § NR 502.06,
Wis. Adm. Code.
Any contractor operating in the Town shall not
transport for processing any recyclables to a processing facility
unless that facility has been approved, in writing, by the Town (or
unless the contractor notifies the Town which facility it is using)
and, by January 1, 1995, the facility has self-certified with the
Wisconsin 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 Town, 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 purposes 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 Town or in any receptacles or 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 chapter.
B.
No person shall place for collection any garbage at
the curb not owned or occupied by such person.
It shall be unlawful to burn or bury solid waste
and recyclables by residential and nonresidential sectors and at construction
sites.
It shall be unlawful for any person to place
for disposal any of the following wastes: hazardous and toxic wastes,
chemicals, explosives, flammable liquids, paint, trees and stumps,
construction debris, carcasses, and medical wastes (unless personal
needles which shall be contained in cardboard to eliminate injury
to collection personnel).
It shall be unlawful to bring refuse for disposal
(and recyclables) from outside the corporate limits into the Town
unless authorized by agreement with the Town.
A.
Haulers may not dispose in a landfill or burn in a
solid waste facility any recyclable materials generated in the Town
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 chapter. Materials may also be left
if not separated from solid waste, placed in the proper container,
or 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 and material. In such cases, the hauler or attendant
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 Town quarterly.
[Amended 9-9-2019]
The recycling haulers and processors operating
in the Town are required to maintain records and report in writing
to the Town Administrator-Treasurer at least twice of each year. Reports
shall include the amount of solid waste and recyclables collected
and transported from the Town; the amount of solid waste and recyclables
processed and/or marketed by item type from the Town; and the final
disposal location of solid waste and recyclable material. Failure
to report shall be cause for the Town to revoke any license or sever
any contract with the hauler/processor.
Recyclable materials and refuse, upon placement
at the curb, shall become the property of the Town. Recyclable materials,
upon collection by any permitted collector, shall become the property
of the contractor.
The Town Board 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 services provided
by the Town or its contractors. The Town shall provide written notice
to its service recipients of this declaration.
[Amended 9-9-2019]
The Town shall establish the time of collection
of solid waste and recyclables and the Administrator-Treasurer shall
publish and provide written notice of the collection schedule at least
once in the spring and fall of each year and at any time when the
collection schedule is changed.
Solid waste shall be placed for collection in
containers designated by the Town Board.
The Town Board shall establish fees for service
recipients for the payment of collection services for solid waste
and recyclables.
Except as otherwise specifically directed or
authorized by the Town, solid waste and recycling containers shall
be placed at the curbline or mailbox, adjacent to the premises owned
or occupied by the person, of the street designated in the published
collection schedule for collection. Materials shall be placed out
for collection according to the scheduled days established and published
by the Town.
Residents shall contact the Town or hauler when
they have couches and bulky items and arrangements for collection
will be made.
A.
For the purpose of ascertaining compliance with the
provisions of this chapter, any authorized officer, employee or representative
of the Town Board of the Town of Linn 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 Linn 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 the Town of Linn 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.
