Chapter 8.75
RECYCLING
Sections:
8.75.030 Abrogation and greater restrictions.
8.75.100 Separation of recyclable materials.
8.75.110 Separation requirements exempted.
8.75.120 Care of separated recyclable materials.
8.75.140 Preparation and collection of recyclable materials.
8.75.150 Responsibilities of owners or designated agents of multiple-family dwellings.
8.75.170 Prohibitions on disposal of recyclable materials separated for recycling.
8.75.010 Purpose.
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. Stat. § 287.11, and Chapter NR 544, Wisconsin Administrative Code. (Ord. 2012-7 § 1. 2008 code § 11.13(1))
8.75.020 Statutory authority.
This chapter is adopted as authorized under Wis. Stat. §§ 287.09(3)(b) and 289.01. (Ord. 2012-7 § 2. 2008 code § 11.13(2))
8.75.030 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. Former Section 11.13 of the Town Code which imposed recycling regulations commencing on January 1, 1992, is hereby repealed and replaced with this chapter. (Ord. 2012-7 § 3. 2008 code § 11.13(3))
8.75.040 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 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 Chapter NR 544, Wisconsin Administrative Code, and where the chapter 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 the ordinance codified in this chapter, or in effect on the date of the most recent text amendment to this chapter. (Ord. 2012-7 § 4. 2008 code § 11.13(4))
8.75.050 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. (Ord. 2012-7 § 5. 2008 code § 11.13(5))
8.75.060 Applicability.
The requirements of this chapter apply to all persons within the Town of East Troy, as well as occupants and owners or designated agents of multifamily dwellings and nonresidential facilities and properties. (Ord. 2012-7 § 6. 2008 code § 11.13(6))
8.75.070 Administration.
The provisions of this chapter shall be administered by the Town of East Troy and its designated agents. (Ord. 2012-7 § 7. 2008 code § 11.13(7))
8.75.080 Effective date.
The ordinance codified in this chapter shall become effective upon its passage and publication as required by law. (Ord. 2012-7 § 8. 2008 code § 11.13(8))
8.75.090 Definitions.
For the purpose of this chapter:
“Aluminum containers” means a container for beverages or food that is made primarily of aluminum.
“Appliance (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.
“Bi-metal container” means a container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.
“Cardboard (container board)” means corrugated paperboard used in the manufacture of shipping containers and related products, with the exception of waxed cardboard.
“Carts (approved containers)” means approved carts provided to single-family and two- to four-family residential units by the Town or its contractor for the following purposes:
a. One 95-gallon cart for solid waste designated by the Town to be placed into such carts; and
b. One 95-gallon cart for recyclables designated by the Town to be placed into these carts.
“Composting” means the controlled biological decomposition and conversion of solid organic material into a humus-like substance called compost. The process is aerobic, meaning that it requires the presence of oxygen. The process uses various natural microorganisms such as bacteria and fungi to break down the complex organic compounds into simpler substances.
“Contractor” means the entity named and designated in the contract(s) the Town has entered into to provide recycling, solid waste, yard material (yard waste) services.
“Deleterious substance” means any substance whose collection, destruction or disposal would be harmful or dangerous to personnel or equipment shall not be included with trash or recyclables for collection. The term “deleterious substances” includes, but is not limited to, acids, blasting materials, ammunition, paints, lacquers and varnishes, combustible alloys or chemicals and/or any radioactive material. Such items shall be the responsibility of the resident or business to recycle in a legal manner as directed in ETMC 8.75.190.
“DNR” means the Department of Natural Resources of the state of Wisconsin and its various bureaus and specialized management sections.
“E-Scrap (electronic scrap or E-waste)” includes all covered electronic devices including:
a. Televisions;
b. Computers (desktop, laptop, netbook and tablet computers);
c. Desktop printers (including those that scan, fax and/or copy);
d. Computer monitors;
e. Other computer accessories (including keyboards, mice, speakers, external hard drives and flash drives);
f. E-readers;
g. DVD players, VCRs and other video players (i.e., DVRs);
h. Fax machines; and
i. Cell phones.
“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.
“Fully automated collection” means curbside pickup of recycling cart materials by use of dedicated recycling trucks with robotic arms to lift and empty the contents of the cart into the body of the truck(s) or their attached collection equipment.
“HDPE” means high density polyethylene, labeled by the SPI code No. 2.
“Household unit” means all residential dwelling units up to eight units within the Town, such that a single-family dwelling unit shall be counted as one household unit, a two-family dwelling shall be counted as two household units and so on.
“LDPE” means low density polyethylene, labeled by the SPI code No. 4.
“Magazines” means magazines and other materials printed on similar paper.
“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 government 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.
“Oil (motor oil or waste oil)” means any waste oil used in the engine or crankcase of a motor vehicle.
“Other resins or multiple resins” means plastic resins labeled by the SPI code No. 7.
“Person” includes any individual, corporation, partnership, association, local government unit, as defined in Wis. Stat. § 66.0131(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. Stat. § 287.01(7), waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste, as defined in Wis. Stat. § 289.01(17).
“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 (recyclables)” includes lead acid batteries; major appliances; waste oil; yard materials; 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.
“Solid waste (trash)” shall mean municipal solid waste materials generated in the normal and ordinary course by household units within the Town. The term “solid waste” specifically excludes special waste, hazardous waste or other types of materials which require special handling and disposal.
“Solid waste facility” has the meaning specified in Wis. Stat. § 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. “Treatment” includes incineration.
“Special refuse” consists of large items such as discarded furniture, mattresses, and/or other large household equipment items, excluding “appliances.”
“Steel containers (tin cans)” means a container for beverages or food that is made primarily of steel.
“Tires (scrap tires or waste tires)” means a vehicle tire or tires that is/are no longer suitable for its/their original purpose because of wear, damage or defect.
“Town” refers to the Town of East Troy, Wisconsin.
“Vehicle batteries” means lead acid batteries used in motor powered vehicles.
“Yard materials (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. (Ord. 2012-7 § 9. 2008 code § 11.13(9))
8.75.100 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:
1. Electronic scrap;
2. Lead acid batteries;
3. Major appliances;
4. Motor oil and certain absorbents;
5. Yard materials;
6. Aluminum containers;
7. Bi-metal containers;
8. Corrugated paper or other container board;
9. Foam polystyrene packaging*;
10. Glass containers;
11. Magazines;
12. Newspaper;
13. Office paper;
14. Rigid plastic containers made of PETE and HDPE;
15. Rigid plastic containers made of PVC, LDPE, PP, PS, and other resins or multiple resins*;
16. Scrap tires;
17. Steel containers.
*Note: Denotes materials for which DNR has granted a waiver from separation and collection requirements and landfill/incineration bans. (Ord. 2012-7 § 10. 2008 code § 11.13(10))
8.75.110 Separation requirements exempted.
The separation requirements of ETMC 8.75.100 do not apply to the following:
1. Owners and designated agents of nonresidential facilities and properties that send their postconsumer waste to a processing facility that recovers the materials specified in ETMC 8.75.100 from solid waste in as pure a form as is technically feasible.
2. Solid waste which is burned as a supplement fuel at a facility if less than 30 percent of the heat input to the facility is derived from the solid waste burned as supplement fuel.
3. A recyclable material specified in ETMC 8.75.100(6) through (17) for which a variance has been granted by the Department of Natural Resources under NR 544.14, Wis. Administrative Code. (Ord. 2012-7 § 11. 2008 code § 11.13(11))
8.75.120 Care of separated recyclable materials.
To the greatest extent practicable, the recyclable materials separated in accordance with ETMC 8.75.100 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. (Ord. 2012-7 § 12. 2008 code § 11.13(12))
8.75.130 Management of e-scrap, lead acid batteries, major appliances, scrap oil, tires, and yard materials.
1. Occupants of single-family and two- to four-unit residences shall manage electronic scrap, lead acid batteries, major appliances, motor oil, and yard materials as follows:
a. Electronic scrap shall be deposited at the Town Hall drop-off site or other designated site(s) specified by the Town and/or its contractor(s) for collection according to their specifications.
b. Lead acid batteries shall be separated from other solid waste and recyclables and placed for collection alongside of carts at the same time as the weekly trash collection occurs in the Town; and/or handled in any other legal manner specified by the Town and/or its contractor(s) for recycling them.
c. Major appliances shall be separated from other solid waste and recyclables and placed for collection at least three feet outside of carts at the same time as the weekly trash collection occurs in the Town; and/or handled in any other legal manner specified by the Town and/or its contractor(s) for recycling them.
d. Scrap oil shall be separated from other solid waste and recyclables and placed in acceptable leak-proof containers for collection outside of carts at the same time as the weekly trash collection occurs in the Town; and/or handled in any other legal manner, including with oil absorbents, specified by the Town and/or its contractor(s) for recycling them.
e. Scrap tires shall be separated from other solid waste and recyclables and placed for collection outside of carts under the following condition: the responsible person shall make prior arrangements for pickup and payment with the hauler and will be charged a user fee at the then current rate charged by the trash pickup contractor; and/or tires may be handled in any other legal manner specified by the Town and/or its contractor(s) for recycling them.
f. Yard materials shall be separated from other solid waste and recyclables and not placed into trash or recycling carts because they are not picked up at the curb. Instead the responsible person shall take these materials to the Town composting site at the dates and times and other conditions specified by the Town; or compost/chip/mulch these materials on their own site under terms approved by the DNR (such as in home composting bins); and/or yard materials may be handled in any other legal manner specified by the Town and/or its contractor(s) for recycling them.
2. Multiple-family dwellings and nonresidential facilities and properties shall manage electronic scrap, lead acid batteries, major appliances, motor oil, and yard materials by separating these items from their solid waste and recyclables and recycling them in a legal manner through their solid waste or other contractor(s); or taking them to recycler(s) approved by the DNR. (Ord. 2012-7 § 13. 2008 code § 11.13(13))
8.75.140 Preparation and collection of recyclable materials.
Except as otherwise directed by the Town or its contractor and approved by the Town, 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 ETMC 8.75.100(6) through (17):
1. Recyclables in Carts Collected Every Other Week. To the greatest extent practicable, the recyclables separated in accordance with ETMC 8.75.100(6) through (17) shall be prepared for Town curbside collection and placed in the dedicated recycling carts separate from other refuse containers for collection according to the provisions of this chapter. Recycling collection shall occur on the same day as trash collection, but every other week according to schedule(s) provided by the Town and/or its contractor.
2. Trash in Carts Collected Every Week. To the greatest extent practicable, the solid waste shall be placed in the dedicated trash carts separate from recycling containers for collection according to the provisions of this chapter. Trash collection shall occur weekly according to schedule(s) provided by the Town and/or its contractor.
3. Placement of Carts. Carts must face the street as indicated by the arrow on the cart; and be fully accessible. Carts cannot be blocked by parked vehicles, and need to be placed side by side with a minimum of three feet of space between carts and/or any other obstacles, and have a 14-foot clearance overhead.
4. Care of Carts. Cart shall be delivered to each eligible residence and used exclusively for separated recyclables and trash generated by this residence. All carts remain the property of the Town contractor (or Town if so provided and approved by the Town) and shall be used in accordance with the applicable provisions of this chapter.
a. The owner of the property to which any cart is furnished shall be responsible for exercising normal care in its use. Any alteration of the cart, or damage due to negligence, exclusive of normal wear and tear on the part of the property owner, his tenants, or agents for failure to exercise such care, shall be the responsibility of the affected property owner, including reimbursement to the Town for the cost of repair or replacement as required.
b. The cart is permanently assigned to residential property receiving service by the Town. Such cart shall remain on the premises at all times, regardless of ownership or change of ownership of the property.
c. The cart shall be set out for collection at the curb where the trash is normally collected, except for “hardship cases” which may be negotiated with the Town and its contractor.
5. “Special Refuse” and Excessive Materials Outside of Carts Prohibited or Negotiated if Not Otherwise Covered Herein. The provisions of this section cover materials generated in the normal and ordinary course for placement into the 95-gallon carts. “Special refuse” is acceptable outside the carts and will be collected by the contractor or Town during normal collection. The Town and/or its contractor shall be free to contract separately with owners or users of properties not covered by the Town contract, or with owner/users of properties covered by this section if amounts of trash and/or recyclables and/or special refuse are excessive. Further, if an event results in excessive solid waste or recyclables, the Town and contractor will negotiate in good faith to collect and dispose of or recycle the excess. (Ord. 2012-7 § 14. 2008 code § 11.13(14))
8.75.150 Responsibilities of owners or designated agents of multiple-family dwellings.
1. Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in ETMC 8.75.100(6) through (17):
a. Provide adequate, separate containers for the recyclable materials.
b. Notify tenants in writing at the time of renting or leasing the dwelling and at least semi-annually thereafter about the established recycling program.
c. 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.
d. 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.
2. The requirements specified in subsection (1) 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 that recovers for recycling the materials specified in ETMC 8.75.100(6) through (17) from solid waste in as pure a form as is technically feasible. (Ord. 2012-7 § 15. 2008 code § 11.13(15))
8.75.160 Responsibilities of owners or designated agents of nonresidential facilities and properties.
1. Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in ETMC 8.75.100(6) through (17):
a. Provide adequate, separate containers for the recyclable materials.
b. Notify in writing, at least semi-annually, all users, tenants and occupants of the properties about the established recycling program.
c. 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.
d. 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.
2. The requirements specified in subsection (1) 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 that recovers for recycling the materials specified in ETMC 8.75.100(6) through (17) from solid waste in as pure a form as is technically feasible. (Ord. 2012-7 § 16. 2008 code § 11.13(16))
8.75.170 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 ETMC 8.75.100(6) through (17) which have been separated for recycling, except waste tires may be burned with energy recovery in a licensed solid waste treatment facility. (Ord. 2012-7 § 17. 2008 code § 11.13(17))
8.75.180 Hazardous wastes.
“Deleterious substances” delineated in ETMC 8.75.090 including as examples, acids, blasting materials, ammunition, paints, lacquers and varnishes, combustible alloys or chemicals and/or radioactive materials; shall not be included with collection of trash and/or recyclables. Such unacceptable wastes should be managed in the following manner.
1. Household hazardous wastes should be handled according to EPA safe management methods:
a. Products containing hazardous substances should be used and stored carefully to prevent accidents; such products should be stored in their original containers with original labels; corroding containers should be repackaged and clearly and accurately labeled; products containing hazardous substances should never be repackaged or stored in food containers;
b. Products containing hazardous substances should never be mixed with other products; users of such products should follow product label instructions for proper use and disposal;
c. Waste products containing hazardous substances should be taken to an area household hazardous waste collection program when available.
2. Nonresidential hazardous wastes shall be handled and disposed of according to all applicable state and federal laws and regulations. (Ord. 2012-7 § 18. 2008 code § 11.13(18))
8.75.190 Enforcement.
1. For all violations of this chapter which include but are not limited to the following: trash mixed with recyclables, recyclables mixed with trash, and persons who place trash for collection who have not separated any recyclable materials at all, the following steps will be taken to insure compliance:
a. For the first offense the hauler may issue a warning letter or refer the matter for Municipal Court prosecution, or the hauler may notify the resident by placing a printed notice on the trash receptacle or recycling bin.
b. For the second offense the hauler shall provide educational materials to the offender in regard to the type of violation found if the Town has such materials or in the alternative refer the matter for Municipal Court prosecution. The hauler may also notify the resident offender with a printed notice as referenced above.
c. For the third offense the hauler will be instructed not to pick up the collection until the offense is rectified and the Town Clerk or Recycling Committee Chairperson may refer the matter for Municipal Court prosecution.
d. For the fourth offense a citation shall be issued. Both nonresidential and residential offenders may be required to forfeit not more than $250.00 and not less than $25.00 together with the cost of prosecution and a penalty assessment as allowed pursuant to this chapter.
e. For the fifth offense the Department of Natural Resources recycling administrator will be contacted, and a citation of up to $2,000 for nonresidential facilities and a maximum forfeiture of $1,000 for residential offenders may be issued.
2. For the purpose of ascertaining compliance with the provisions of this chapter, any authorized officer, employee or representative of the Town – including the Recycling Committee Chairperson – 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 identification. No person may obstruct, hamper, or interfere with such an inspection.
3. All citations not paid shall become an assessment against the offensive property as allowed by state statute. (Ord. 2012-7 § 19. 2008 code § 11.13(19))
8.75.200 E-scrap.
1. Purpose. The Town of East Troy does not collect e-scrap materials, as that term is defined in ETMC 8.75.090, at the curbside. In order to comply with the state mandate regarding electronic waste, which bans landfilling or incineration of electronic devices as defined in Wis. Stat. § 287.07(5)(a), and in order to control the costs associated with compliance with this law, the Town Board has established the following fees for recycling e-scrap at the drop site located at the Town Hall.
a. The following items require a $10.00 recycling fee:
i. Computers and laptop computers (and towers);
ii. Computer monitors.
iii. Televisions.
2. Title to Recyclables. Title to recyclable material deposited at the Town of East Troy Town Hall drop site shall rest with the Town of East Troy as soon as the item has been placed for collection. Any person not authorized by the Town of East Troy to pick up deposited items, and who removes said items from the recycling bin located at the Town Hall shall be cited for theft and be subject to the fines associated therewith.
3. Authority to Implement and Amend Fees. With respect to any fees that are established by this section or fees which may need to be implemented in the future for compliance with future state recycling mandates, the Town Board is granted authority to implement and amend fees. All fees required in this section must be paid by the person depositing the items for recycling at the Town Hall drop site prior to placing any item into the recycling bin. A drop box is located in the lobby of the Town Hall for payment of fees. If the Town Hall is open during normal business hours, the fee can be paid to Town personnel as well.
4. Limitations. The availability of electronic recycling as described herein is limited to the residents of the Town of East Troy only. If a nonresident is found to be depositing or has been found to have deposited items in any recycling container made available to Town residents, he or she may be cited for trespass. (Ord. 2014-4 § 1; Ord. 2014-1 § 1. 2008 code § 11.13(20))