TOWN OF YORK
RECYCLING
ORDINANCE
Ordinance # 95-01
PURPOSE:
The purpose of this ordinance is to promote recycling, composting, and
resource recovery through the administration of an effective recycling program,
as provided in S. 159.11 Wis. Stats., and Chapter NR 544, Wis. Administrative
Code.
STATUTORY AUTHORITY:
This ordinance is adopted as authorized under S. 159.09(3)(b), Wis.
Stats.
ABROGATION AND GREATER
RESTRICTIONS: It is not intended by this ordinance 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 ordinance imposes greater restrictions, the
provisions of this ordinance shall apply.
INTERPRETATION:
In their interpretation and application, the provisions of
this ordinance 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 ordinance may be inconsistent or conflicting, the more
restrictive requirements or interpretation shall apply.
Where a provision of this ordinance is required by Wisconsin Statutes, or
by a standard in Chapter NR 544, Wis. Administrative Code, and where the
ordinance 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 this ordinance, or in effect on the date of the most recent text
amendment to this ordinance.
SEVERABILITY:
Should any portion of this ordinance be declared unconstitutional or
invalid by a court of competent jurisdiction, the remainder of this ordinance
shall not be affected.
APPLICABILITY:
The requirements of this ordinance apply to all persons within the Town
of York.
ADMINISTRATION:
The provisions of this ordinance shall be administered by the York Town
Board (see attached Resolution)
EFFECTIVE DATE:
The provisions of this ordinance shall take effect on August 1, 1995.
DEFINITIONS:
For the purposes of this ordinance:
1. “Bi-metal container”
means a container for carbonated or malt beverages that is made primarily of a
combination of steel and aluminum.
2. “Container board”
means corrugated paperboard used in the manufacture of shipping containers and
related products.
3. “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
4. “HDPE” means high
density polyethylene, labeled by the SPI code #2.
5. “LDPE” means low
density polyethylene, labeled by the SPI code #4.
6. “Magazines” means
magazines and other materials printed on similar paper.
7. “Major appliance”
means a residential or commercial air conditioner, clothes dryer, clothes
washer, dishwasher, freezer, microwave oven, oven, refrigerator or stove.
8. “Multiple-family
dwelling” means a property containing 5 or more residential units, including
those which are occupied seasonally.
9. “Newspaper” means a
newspaper and other materials printed on newsprint.
10. “Non-residential
facilities and properties” means commercial, retail, industrial, institutional
and governmental facilities and properties.
This term does not include multiple family dwellings.
11. “Office paper” means
high grade printing and writing papers from offices in non-residential
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.
12. “Other resins or
multiple resins” means plastic resins labeled by the SPI code #7.
13. “Person” includes
any individual, corporation, partnership, association, local governmental unit,
as defined in s. 66.299(1)(a), Wis. Stats., state agency or authority or federal
agency.
14. “PETE” means
polyethylene terephthalate, labeled by the SPI code #1.
15. “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.
16. “Postconsumer waste”
means solid waste other than solid waste generated in the productioin of goods,
hazardous waste, as defined in s. 144.61(5), Wis. Stats., waste from
construction and demolition of structures, scrap automobiles, or high-volume
industrial waste, as defined in s. 144.44(7)(a)1., Wis. Stats.
17. “PP” means
polypropylene, labeled by the SPI code #5.
18. “PS” means
polystyrene, labeled by the SPI code #6.
19. “PVC” means
polyvinyl chloride, labeled by the SPI code #3.
20. “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 bi-metal
containers.
21. “Solid waste” has
the meaning specified in s. 144.01(15), Wis. Stats.
22. “Solid waste
facility” has the meaning specified in s. 144.43(5), Wis. Stats.
23. “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.
24. “Waste tire” means a
tire that is no longer suitable for its original purpose because of wear, damage
or defect.
25. “Yard waste” means
leaves, grass clippings, yard and garden debris and brush, including clean woody
vegetative material no greater than 6 inches in diameter.
This term does not include stumps, roots or shrubs with intact root
balls.
SEPARATION OF RECYCLABLE
MATERIALS: Occupants of single
family and 2 to 4 unit residences, multiple-family dwellings and non-residential
facilities and properties shall separate the following materials from
postconsumer waste:
Not accepted: 1. Lead acid
batteries
9. Glass containers
2. Major appliances
10. Magazines
3. Waste oil
11. Newspaper
4. Waste tires
12. Office paper
Accepted and commingled:
13. Rigid plastic containers made of PETE,
5. Aluminum containers
HDPE, PVC, LDPE, PP, PS, and other
6. Bi-metal containers
resins or multiple resins
7. Corrugated paper or other container board
14. Steel containers
8.
Foam polystyrene packaging
SEPARATION REQUIREMENTS
EXEMPTED: The separation
requirements of s. 1.11 do not apply to the following:
1. Occupants of single
family and 2 to 4 unit residences, multiple-family dwellings and non-residential
facilities and properties that send their postconsumer waste to a processing
facility licenses by the Wisconsin Department of Natural Resources that recovers
the materials specified in s. 1.11 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% of the heat input
to the facility is derived from the solid waste burned as supplemental fuel.
3. A recyclable material
specified in s. 1.1(5) through (15) for which a variance has been granted by the
Department of Natural Resources under s. 159.11(2m), Wis. Stats., or s. NR
544.14, Wis. Administrative Code.
CARE OF SEPARATED RECYCLABLE
MATERIALS: To the greatest extent
practicable, the recyclable materials separated in accordance with s. 1.11 shall
be clean and kept free of contaminants such as food or product residue, oil or
grease, or other non-recyclable 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.
MANAGEMENT OF LEAD ACID
BATTERIES, MAJOR APPLIANCES, WASTE OIL AND YARD WASTE:
Occupants of single family
and 2 to 4 unit residences, multiple-family dwellings and non-residential
facilities and properties shall manage lead acid batteries, major appliances,
waste oil, and yard waste as follows:
1. Lead batteries shall be
returned to retailer that sells batteries.
2. Major appliances shall be
disposed of by trading in to retailer, selling to salvage yard, or contacting
hauler and paying for removal.
3. Waste oil shall be
returned to appropriate deposit point at oil retailers.
4. Yard waste shall be
managed on site. Composting is
encouraged.
5. Waste tires shall be
returned to retailer that sells tires or by calling hauler and paying for
removal.
PREPARATION AND COLLECTION
OF RECYCLABLE MATERIALS: Except as
otherwise directed by York Town Board, occupants of single family and 2 to 4
unit residences shall do the following for the preparation and collection of the
separated materials specified in s. 1.11(5) through (15):
1. Aluminum containers,
rigid plastic containers, bi-metal containers shall be rinsed clean and placed
in commingle receptacle at collection site.
2. Glass containers shall be
rinsed clean, remove labels and placed in commingle receptacle at collection
site.
3. Corrugated paper or other
container board shall be flattened and cut down to no more than 3 foot square
and left at collection site.
4. Foam polystyrene
packaging shall be clean and placed in appropriate container at collection site.
5. Magazines, newspaper and
office paper shall be tied in bundles, kept dry, and deposited at collection
site.
6. Steel containers shall be
rinsed clean, labels removed, and placed in commingle container at collection
site.
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 s. 1.11(5) through (15):
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
operations, and a contact person or company, including a name, address and
telephone number.
2. The requirements
specified in (1) 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 licenses by the Department of
Natural Resources that recovers for recycling the materials specified in a.
1.11(5) through (15) from solid waste in as pure a form as is technically
feasible.
RESPONSIBILITIES OF OWNERS
OR DESIGNATED AGENTS OF NON-RESIDENTIAL FACILITIES AND PROPERTIES.
1. Owners or designated
agents of non-residential facilities and properties shall do all of the
following to recycle the materials specified in s. 1.11(5) through (15):
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 (1) do not apply to the owners or designated agents or
non-residential facilities and properties if the postconsumer waste generated
within the facility or property is treated at a processing facility licenses by
the Department of Natural Resources that recovers for recycling the materials
specified in s. 1.11(5) through (15) from solid waste in as pure a form as is
technically feasible.
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 s. 1.11(5)
through (15) which have been separated for recycling, except waste tires may be
burned with energy recovery in a solid waste treatment facility.
ENFORCEMENT:
1. For the purpose of
ascertaining compliance with the provisions of this ordinance, any authorized
officer, employee or representative of the Town of York 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 non-residential 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 York who requests access for purposes
of inspection, and who presents appropriate credentials.
No person may obstruct, hamper, or interfere with such an inspection.
2. Any person who violates a
provision of this ordinance may be issued a citation by the York Town Board 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 paragraph.
3. Penalties for violating
this ordinance may be assessed as follows:
a. Any person who violates s. 1.18 may be required to forfeit $50 for a
first violation, $200 for a second violation, and not more than $2000 for a
third or subsequent violation.
b. Any person who violates a provision of this ordinance, except s. 1.18
may be required to forfeit not less than $10 nor more than $1000 for each
violation.
This ordinance shall take
effect immediately upon adoption and posting of the ordinance.
Adopted:
August 1, 1995
By order of York Town Board
(signed) Gordon Peterson,
chairman
Attested:
(signed) Ronald Syse, town clerk
AUTHORIZING RESOLUTION
WHEREAS The Town of York
hereby requests financial assistance under Statute 287.23, Wis. Statues,
Chapters NR 542, 544 and 549, Wis. Administrative Code, for the purpose of
planning, constructing or operating a recycling program with one or more
components specified in s. 287.1192(a) to (h), Wis. Stats.,
THEREFORE, BE IT RESOLVED,
that the Town of York hereby authorized the Town Clerk, an official or employe
of the responsible unit, to act on its behalf to:
1. Submit an application to
the Department of Natural Resources for financial assistance under s.287.23,
Wisc. Statutes, Chapters NR 542, 544 and 549, Wisc. Administrative Code.
2. Sign necessary documents;
and
3. Submit a final report.
Adopted this 13th
day of January, 2004
(signed) Gordon Peterson,
Town Board Chairman
(signed) Lyle Klosterman,
First Supervisor
(signed) Bob Bergman, Second
Supervisor
I hereby certify that the
foregoing resolution was duly adopted by The Town of York Board at a legal
meeting on the 13th day of January, 2004.
(signed) Marilyn Jaeger,
Town Clerk