This article is adopted as authorized under § 287.09(3)(b), Wis. Stats.
[Amended 12-6-1994 by Ord. No. 1484(15)]
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.
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. Admin. Code, and where the article 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 of Burlington.
The provisions of this article shall be administered by the City of Burlington Common Council.
[Amended 11-18-2003 by Ord. No. 1740(20); 10-21-2025 by Ord. No. 2129(6)]
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 § 265-11 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 § 265-11 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.
C.
A recyclable material specified in § 265-11E 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. Admin. Code.
To the greatest extent practicable, the recyclable materials separated in accordance with § 265-11 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.
[Amended 10-21-2025 by Ord. No. 2129(6)]
A.
Occupants of single-family and two- to four-unit residences, multiple-family dwelling and non-residential facilities and properties shall manage lead acid batteries, major appliances, waste oil, and yard waste as follows:
(1)
Lead acid batteries generated from the residence only shall be separated from the waste stream and placed at the curb or alley in good and nonleaking condition for collection.
(2)
Major appliances generated from the residence only shall be separated from the waste stream and placed at the curb or alley for collection to be recycled. Microwave ovens with the capacitor removed may be normally disposed.
(3)
Waste oil generated from single-family and two- to four-unit residences only shall be separated from the waste stream and placed at the curb or alley for collection. All oil shall be in a one-gallon container with a screw off cap placed next to their recycle bin, not in it.
(4)
Yard waste shall be separated for composting either privately or through the City of Burlington compost program.
Except as otherwise directed by the City of Burlington, 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 § 265-11E through O:
A.
Aluminum containers shall be rinsed free of product residue and placed in the designated recycling bin for curbside or alley collection.
B.
Bimetal containers shall be rinsed free of product residue and placed in the designated recycling bin for curbside or alley collection.
C.
Corrugated paper or other container board shall be free of debris, flattened, stacked and tied and placed at the curb or alley for collection.
D.
Foam polystyrene packaging shall be free of debris, stacked and tied and placed at the curb or alley for collection.
E.
Glass containers shall be rinsed free of product residue, have caps, lids, and neck rings removed, and be placed in the designated recycling bin for curbside or alley collection.
F.
Magazines shall be bagged or tied and stacked on top of the designated recycling bin for curbside or alley collection.
G.
Newspaper shall be bagged or tied and stacked on top of the designated recycling bin for curbside or alley collection.
H.
Office paper shall be bagged or tied and stacked on top of the designated recycling bin for curbside or alley collection.
I.
Plastic containers shall be rinsed free of product residue and caps and neck rings shall be removed and discarded. The containers shall be placed in the designated recycling bin for curbside or alley collection.[1]
J.
Steel containers shall be rinsed free of product residue and caps shall be removed and discarded. The containers shall be placed in the designated recycling bin for curbside or alley collection.
K.
Waste tires will be collected at the curb or alley for a special charge by the hauler to be paid directly by the resident.
[Amended 10-21-2025 by Ord. No. 2129(6)]
A.
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 265-11A through O:
(1)
Provide adequate, separate containers for the recycling program established in compliance with the ordinance. The number of recycling containers shall equal or be greater than the number of trash containers and at least one of the following shall be met:
(a)
The minimum total volume of recycling container space is equal to 20 gallons per week per dwelling unit.
(b)
The ratio of trash container volume to recycling container volume is at most 2:1.
(c)
An alternative method that does not result in the overflow of a recycling container during the time period between collection of materials and delivery to a recycling facility.
(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 which materials are collected, how to prepare the materials in order to meet the processing requirements, collection methods or sites, and locations of drop-off collection sites to recycle materials not collected on-site.
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 § 265-11E through O from solid waste in as pure a form as is technically feasible.
[Amended 10-21-2025 by Ord. No. 2129(6)]
A.
Owners or designated agents of non-residential facilities and properties shall do all of the following to recycle the materials specified in § 265-11E through O:
(1)
Provide adequate, separate containers for the recycling program established under this section. The total volume of recycling containers shall be sufficient to avoid overflow during the time period between collection of materials and delivery to a recycling facility. .
(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 which materials are collected, how to prepare the materials in order to meet the processing requirements, collection methods or sites, and locations of drop-off collection sites to recycle materials not collected on-site.
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 § 265-11E through O from solid waste in as pure a form as is technically feasible.
[Amended 11-18-2003 by Ord. No. 1740(20); 10-21-2025 by Ord. No. 2129(6)]
A.
Disposal of recyclable materials separated for recycling. 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 § 265-11E 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 representatives of the City of Burlington 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 City of Burlington 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 violated a provision of this article may be issued a citation by the City of Burlington 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 11-18-2003 by Ord. No. 1740(20)]