Chapter 8.20 RECYCLING

The purpose of this chapter is to promote recycling, composting, and resource recovery through the administration of an effective recycling program, as provided in Wis. Stats. Section 159.11, and Wis. Admin. Code NR Ch. 544. [Code 2002 § 38-31.]

8.20.020 Statutory authority.

This chapter is adopted as authorized under Wis. Stats. Section 159.09(3)(b) and other ordinances and statutes governing the town. [Code 2002 § 38-32.]

8.20.030 Abrogation and greater restrictions.

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. [Code 2002 § 38-33.]

8.20.040 Interpretation.

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 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 statutes, or by a standard in Wis. Admin. Code NR Ch. 544, and where the chapter provision is unclear, the provision shall be interpreted in light of the statutes and Wis. Admin. Code NR Ch. 544 standards in effect on the date of the adoption of the ordinance from which this chapter is derived, or in effect on the date of the most recent text amendment to this chapter. [Code 2002 § 38-34.]

8.20.050 Severability.

Should any portion of this chapter be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected. [Code 2002 § 38-35.]

8.20.060 Applicability.

The requirements of this chapter apply to all persons within the town. [Code 2002 § 38-36.]

8.20.070 Administration.

The provisions of this chapter shall be administered by the town. [Code 2002 § 38-37.]

8.20.080 Effective date.

The provisions of this chapter shall take effect on the date of publication of the ordinance from which this chapter derived. [Code 2002 § 38-38.]

8.20.090 Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

“Approved container” means a garbage can, plastic bag, recycle bin, dumpster or throw-away container.

“Bi-metal container” means a container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.

“Container board” means corrugated paperboard used in the manufacture of shipping containers and related products.

“Contractor” means a licensed solid waste hauler contracted by the town board to provide service as instructed by contract and this chapter.

“Curbside recycling and solid waste service” means the collection by the contractor of recyclables and solid waste that have been placed at the curbside by participating residents.

“Foam polystyrene packaging” means packaging made primarily from foam polystyrene that satisfies one of the following criteria:

(1) Is designed for serving food or beverages.

(2) Consists of loose particles intended to fill space and cushion the packaged article in a shipping container.

(3) Consists of rigid materials shaped to hold and cushion the packaged article in a shipping container.

“HDPE” means high density polyethylene, labeled by the SPI code.

“LDPE” means low density polyethylene, labeled by the SPI code No. 4.

“Magazines” means magazines and other materials printed on similar paper.

“Major appliance” means a residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, refrigerator, furnace, boiler, dehumidifier, water heater or stove.

“Multiple-family dwelling” means a property containing five or more residential units, including those which are occupied seasonally.

“Newspaper” means newspaper and other materials printed on newsprint.

“Nonresidential facilities and properties” means commercial, retail, industrial, institutional and governmental facilities and properties. This term does not include multiple-family dwellings.

“Office paper” means 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.

“Other resins” and “multiple resins” mean plastic resin; labeled by the SPI code No. 7.

“Participating residents” means all residents of the town of single- to four-unit households eligible to receive curbside recycling and solid waste pickup service.

“Person” means any individual, corporation, partnership, association, local governmental unit, as defined in Wis. Stats. Section 66.299(1)(a), state agency or authority or federal agency.

“PETE” means polyethylene terephthalate, labeled by the SPI code No. 1.

“Plastic container” means 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.

“Postconsumer waste” means solid waste other than solid waste generated in the production of goods, hazardous waste, as defined in Wis. Stats. Section 144.61(5), or waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste, as defined in Wis. Stats. Section 144.44(7)(a)1.

“PP” means polypropylene, labeled by the SPI code No. 5.

“PS” means polystyrene, labeled by the SPI code No. 6.

“PVC” means polyvinyl chloride, labeled by the SPI code No. 3.

“Recyclable materials” means 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 bi-metal containers.

“Recyclables material report” means a report submitted by the contractor on a scheduled basis to the town board that identifies weight of recyclables, summarizes volumes of each recyclable, etc.

“Scheduled collection day” means the normal, customary, and scheduled day that the contractor has informed or agreed with the participating residents to collect recyclables and solid waste materials.

“Solid waste” has the meaning specified in Wis. Stats. Section 144.01(1S).

“Solid waste facility” has the meaning specified in Wis. Stats. Section 289.01(35).

“Solid waste treatment” means any method, technique or process which is designed to change the physical, chemical or biological character or composition of solid waste. The term “treatment” includes incineration.

“Waste tire” means a tire that is no longer suitable for its original purpose because of wear, damage or defect.

“Yard waste” means 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. [Code 2002 § 38-39.]

8.20.100 Separation of recyclable materials.

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 except microwave ovens from which the capacitor has been removed.

(d) Yard waste.

(e) Aluminum containers.

(f) Bi-metal 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.

(p) The town 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 municipality or its contractors. The town shall provide written notice to its service recipients of this declaration. [Code 2002 § 38-40.]

8.20.110 Separation requirements exempted.

The separation requirements of RMC 8.20.100 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 State Department of Natural Resources that recovers the materials specified in RMC 8.20.100 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 percent of the heat input to the facility is derived from the solid waste burned as supplemental fuel.

(c) A recyclable material specified in RMC 8.20.100(e) through (o) for which a variance has been granted by the State Department of Natural Resources under Wis. Stats. Section 159.11(2m) or Wis. Admin. Code NR Section 544.14. [Code 2002 § 38-41.]

8.20.120 Care of separated recyclable materials.

To the greatest extent practicable, the recyclable materials separated in accordance with RMC 8.20.100 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. The collector of recyclables shall be entitled to refuse to accept recyclables that are contaminated or otherwise in a condition that makes recycling infeasible. [Code 2002 § 38-42.]

8.20.130 Management of lead acid batteries, major appliances, waste oil and yard waste.

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 placed at the roadside separated from solid waste for collection by the town’s solid waste contractor. Car, truck, and other automotive batteries only will be collected. Battery casing must be unbroken.

(b) Major appliances shall be placed at roadside separated from solid waste for collection by the town’s solid waste contractor except that a microwave oven may be disposed of with solid waste if the capacitor has been removed. Appliances shall be upright and empty. Freezers and refrigerators must have doors removed. Town residents must contact the town’s solid waste contractor to arrange for collection of all appliances.

(c) Waste oil shall be placed at roadside separated from solid waste for collection by the town’s solid waste contractor. Common engine oil must be in leakproof nonbreakable containers of a maximum size of one gallon.

(d) Yard waste shall be composted by the homeowner via backyard composting or other methods available to the homeowner. [Code 2002 § 38-43.]

8.20.140 Preparation and collection of recyclable materials.

(a) Each residential unit in the town shall be provided with one authorized recycling collection container per unit. All recyclable materials shall be prepared as directed in this section. Such container for recyclables shall be placed within five feet of the roadside prior to 7:00 a.m. on the designated day of pickup in an area of easy accessibility for collection in the same manner and at the same time as regular garbage collection occurs. All nonrecyclable materials must be contained in an approved container. Recyclables that have been scattered by wind, animals, or vandals shall be the responsibility of the residents.

(b) Commercial establishments will be required to contract separately, at their own expense, for the proper handling of recyclables.

(c) 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 RMC 8.20.100(e) through (o):

(1) Aluminum containers shall be rinsed and placed in the recycling container provided for collection. No aluminum foil, TV dinner trays, etc., will be collected. Aluminum beverage cans only.

(2) Bi-metal containers shall be rinsed and have labels removed and shall be placed in the recycling container provided for collection. Containers may be flattened to save space within the recycling container.

(3) Corrugated paper or other container board shall be flattened and tied in bundles and placed alongside the recycling container for collection.

(4) Foam polystyrene packaging shall be free of debris and placed within the recycling container for collection commencing January 1, 1996.

(5) Glass containers shall be rinsed, all metal and plastic caps and rings shall be removed, and the containers shall be placed in the recycling container for collection.

(6) Magazines shall be tied in bundles and placed along or within the recycling container for collection.

(7) Newspaper shall be tied in bundles or secured in paper grocery bags and placed along or within the recycling container for collection.

(8) Office paper shall be placed inside paper grocery bags and placed along or within the recycling container for collection.

(9) Plastic containers made of PETE shall be rinsed and placed within the recycling container for collection. Containers may be flattened to have space within the recycling container.

(10) Plastic containers made of I-mPE shall be rinsed and placed within the recycling container for collection. Containers may be flattened to save space within the recycling container.

(11) Plastic containers made of PVC, LOPE, PP, PS, and other resins or multiple resins shall be rinsed and placed within the recycling container for collection commencing January 1, 1996. Containers may be flattened to save space within the recycling container.

(12) Steel containers shall be rinsed, labels removed and placed in the recycling container provided for collection. Containers may be flattened to save space within the recycling container.

(13) Waste tires shall be placed at roadside separated from solid waste for collection by the town’s solid waste contractor. Car, truck, and other tires not exceeding four feet in diameter or 80 pounds in weight will be collected. Larger tires must be cut to allowable size.

(14) Other products which the town board may designate from time to time shall be placed as directed by the town board. [Code 2002 § 38-44.]

8.20.150 Responsibilities of owners or designated agents of multiple-family dwellings.

(a) Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in RMC 8.20.100(e) 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 semi-annually 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 RMC 8.20.100(e) through (o) from solid waste in as pure a form as is technically feasible. [Code 2002 § 38-45.]

8.20.160 Responsibilities of owners or designated agents of nonresidential facilities and properties.

(a) Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in RMC 8.20.100(e) through (o):

(1) Provide adequate, separate containers for the recyclable materials.

(2) Notify in writing, at least semi-annually, 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 dwellings if the postconsumer waste generated within the dwelling is treated at a processing facility licensed by the State Department of Natural Resources that recovers for recycling the materials specified in RMC 8.20.100(e) through (o) from solid waste in as pure a form as is technically feasible. [Code 2002 § 38-46.]

8.20.170 Establish fees.

The town shall establish fees for service recipients for the payment of collection services for solid waste and recyclables. Fees shall be assessed on a per household basis and be charged as a line item on taxes pursuant to Wis. Stats. Section 66.60(16), on a yearly basis. [Code 2002 § 38-47.]

8.20.180 Town recycling committee.

The town board shall appoint a town recycling committee to coordinate and develop the educational programs necessary to implement the curbside collection program. [Code 2002 § 38-48.]

8.20.190 Promulgation of regulations.

The town board shall prepare regulations, standards, and schedules as necessary to make effective all provisions of this chapter. Periodically, the town board shall have notices prepared and shall distribute other information to persons and entities generating waste within the town for the purpose of informing the public about the requirements dictated by this mandatory source separation recycling chapter. [Code 2002 § 38-49.]

8.20.200 Prohibitions on 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 RMC 8.20.100(e) through (o) which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility. [Code 2002 § 38-50.]

8.20.210 Recyclables from outside of the town.

No person shall bring recyclables or refuse from outside the town limits into the town limits for disposal by the town, its collector, or a private hauler unless specifically authorized by agreement with the town. [Code 2002 § 38-51.]

8.20.220 Anti-scavenging provision.

Persons shall not pilfer recyclables or disturb recyclables once those materials are placed for collection. All recyclable materials placed for collection pursuant to this chapter shall thereupon become the property of the town, or the town’s authorized agent, or a private collector/hauler with whom persons in the town have contracted to perform functions pursuant to the recycling plan provided in this chapter. Only persons authorized by the town or the generator of waste shall collect or handle recyclable materials once those materials have been placed appropriately for collection. Any and each collection by unauthorized persons in violation of this provision shall constitute a separate and distinct offense punishable as provided in this chapter. [Code 2002 § 38-52.]

8.20.230 Insurance.

The contractor/collector must obtain and provide the town board with a certificate of insurance indicating the following minimum levels of insurance coverage:

(a) Public liability and property damage insurance in the amount of $500,000/$1,000,000 for injuries to one person/one accident and in the amount of $50,000 for property damage.

(b) Comprehensive automobile liability insurance on behalf of the contractor and his agents and employees in the amount of $100,000/$300,000 for injuries to one person/one accident and in the amount of $40,000 for property damage. [Code 2002 § 38-53.]

8.20.240 Enforcement.

(a) For the purpose of ascertaining compliance with the provisions of this chapter, any authorized officer, employee or representative of the town 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 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 chairman. 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. In the event a person other than the town chairman is designated pursuant to Wis. Stats. Section 159.09(3)(a) to implement specific components of the recycling program, then that person shall have authority to issue citations under this section.

(1) Any person who violates RMC 8.20.200 may be required to forfeit $50.00 for a first violation, $1,200 for a second violation, and not more than $2,000 for a third or subsequent violation.

(2) Any person who violates a provision of this chapter, except RMC 8.20.200, may be required to forfeit not less than $10.00 nor more than $1,000 for each violation.

(3) Each incident of violation shall be a separate offense and each day or part thereof during which a violation occurs shall be deemed a separate offense. [Code 2002 § 38-54.]