Chapter 8.15
RECYCLING PROGRAM
Sections:
8.15.010 Purpose and statutory authority.
8.15.020 Interpretation, severability and applicability.
8.15.045 Fees for collection of recycling.
8.15.050 Separation of recyclable materials.
8.15.060 Care of separated recyclable materials.
8.15.070 Management of lead-acid batteries, major appliances, waste oil and yard waste.
8.15.080 Preparation and collection of recyclable materials.
8.15.090 Responsibilities of owners or designated agents of multiple-family dwellings.
8.15.110 Prohibitions on disposal of recyclable materials separated for recycling.
8.15.010 Purpose and statutory authority.
(a) The purpose of this chapter is to promote recycling, composting, and resource recovery through the administration of an effective recycling program, as provided in Section 287.11, Wis. Stats., and Wis. Adm. Code Chapter NR 544.
(b) This chapter is adopted as authorized under Section 287.11, Wis. Stats.
(c) 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. [Ord. dated 3/6/12 § 41. Prior code § 6-3-1].
8.15.020 Interpretation, severability and applicability.
(a) 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 Wis. Adm. Code Chapter NR 544 and where the ordinance provision is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and the Wis. Adm. Code Chapter NR 544 standards in effect on the date of the adoption of the ordinance codified in this chapter or in effect on the date of the most recent text amendment to this chapter.
(b) 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.
(c) The requirements of this chapter apply to all persons within the village limits of Arena. [Prior code § 6-3-2].
8.15.030 Administration.
The provisions of this chapter shall be administered by the village board. [Prior code § 6-3-3].
8.15.040 Definitions.
For the purposes of this chapter:
“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.
“Foam polystyrene packaging” means packaging made primarily from foam polystyrene that satisfies one of the following criteria:
(a) Is designed for serving food or beverages.
(b) Consists of loose particles intended to fill space and cushion the packaged article in a shipping container.
(c) 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 No. 2.
“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, 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 a 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 or multiple resins” means plastic resins labeled by the SPI code No. 7.
“Person” includes any individual, corporation, partnership, association, local governmental unit, as defined in Section 66.299(1)(a), Wis. Stats., state agency or authority or federal agency.
“PETE” means polyethylene teraphthalate, 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 Section 144.61(5), Wis. Stats., waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste, as defined in Section 144.44(7)(a)(1), Wis. Stats.
“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” 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.
“Solid waste” has the meaning specified in Section 144.01(15), Wis. Stats.
“Solid waste facility” has the meaning specified in Section 144.43(5), Wis. Stats.
“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. “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, and includes clean woody vegetative material no greater than six inches in diameter. This term does not include stumps, roots, or shrubs with intact root balls. [Prior code § 6-3-4].
8.15.045 Fees for collection of recycling.
(a) Fees for recycling collection from residential units shall be charged monthly, and collected with other utility bills paid to the village. Such fee shall be the ultimate responsibility of the owner of said residential property; nonpayment of such collection fee more than 30 days after the bill for such fees has been mailed shall constitute a delinquency and may become a charge against such property and collected by special assessment.
(b) The fees for the collection of recycling from residential units shall be those as established by resolution of the village board.
(c) Effect. In the event the fees provided in this section conflict with fees provided under any other section in the municipal code, this section shall control. [Ord. dated 11/5/19 § 1].
8.15.050 Separation of recyclable materials.
(a) 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:
(1) Lead-acid batteries.
(2) Major appliances.
(3) Waste oil.
(4) Yard waste.
(5) Aluminum containers.
(6) Bimetal containers.
(7) Corrugated paper or other container board.
(8) Foam polystyrene packaging.
(9) Glass containers.
(10) Magazines.
(11) Newspapers.
(12) Office paper.
(13) Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins.
(14) Steel containers.
(15) Waste tires.
(b) The separation requirements of subsection (a) of this section do not apply to the following:
(1) 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 subsections (a)(1) through (10) of this section from solid waste in as pure a form as is technically feasible.
(2) 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.
(3) A recyclable material specified in subsections (a)(5) through (15) of this section for which a variance has been granted by the Department of Natural Resources under Section 159.11(2m), Wis. Stats., or Wis. Adm. Code Section NR 544.14. [Prior code § 6-3-5].
8.15.060 Care of separated recyclable materials.
To the greatest extent practicable, the recyclable materials separated in accordance with AMC 8.15.050 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. [Prior code § 6-3-6].
8.15.070 Management of lead-acid batteries, major appliances, waste oil and yard waste.
Pickup of appliances, batteries and oil shall be determined by contacting the village refuse collection company. [Ord. dated 3/6/12 § 42. Prior code § 6-3-7].
8.15.080 Preparation and collection of recyclable materials.
Except as otherwise directed by the village 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 AMC 8.15.050(a)(5) through (15):
(a) Aluminum containers shall be rinsed out and collected in clear plastic bags.
(b) Bimetal containers shall be rinsed out and collected in clear plastic bags.
(c) Corrugated paper or other container board shall be tied in neat bundles.
(d) Foam polystyrene packaging shall be collected when it becomes a recycle item at the recycle site.
(e) Glass containers shall be rinsed and collected in clear plastic bags.
(f) Magazines shall be tied in neat bundles.
(g) Newspaper shall be tied in neat bundles.
(h) Office paper shall be collected when it becomes a recycle item at the recycle site.
(i) Rigid plastic containers shall be prepared and collected as follows:
(1) Plastic containers made of PETE, including “1,” shall be collected in clear plastic bags.
(2) Plastic containers made of HDPE, including “2,” shall be collected in clear plastic bags.
(3) Plastic containers made of PVC, including “3,” shall be collected when accepted at the recycle site.
(4) Plastic containers made of LDPE, including “4,” shall be collected when accepted at the recycle site.
(5) Plastic containers made of PP, including “5,” shall be collected when accepted at the recycle site.
(6) Plastic containers made of PS including “6” shall be collected when accepted at the recycle site.
(7) Plastic containers made of other resins or multiple resins, including “7,” shall be collected when accepted at the recycle site.
(j) Steel containers and waste tires shall be delivered to the collection site twice annually. [Prior code § 6-3-8].
8.15.090 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 AMC 8.15.050(a)(5) through (15):
(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 AMC 8.15.050(a)(5) through (15) from solid waste in as pure a form as is technically feasible. [Prior code § 6-3-9].
8.15.100 Responsibilities of owners or designated agents in 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 AMC 8.15.050(a)(5) through (15):
(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 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 AMC 8.15.050(a)(5) through (15) from solid waste in as pure a form as is technically feasible. [Prior code § 6-3-10].
8.15.110 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 AMC 8.15.050(a)(5) through (15) which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility. [Prior code § 6-3-11].
8.15.120 Enforcement.
(a) For the purpose of ascertaining compliance with the provisions of this chapter, any authorized officer, employee or representative of the village of Arena 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 village 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 village 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 chapter may be assessed as follows:
(1) Any person who violates AMC 8.15.100 may be required to forfeit $50.00 for a first violation, $200.00 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 AMC 8.15.100, may be required to forfeit not less than $10.00 nor more than $1,000 for each violation. [Prior code § 6-3-12].