ORD1994840COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #E40
AN ORDINANCE TO CREATE SECTION 11.05
OF THE MUNICIPAL CODE OF
THE CITY OF MUSKEGO ENTITLED
"RECYCLING OF REFUSE"
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO HEREBY
ORDAIN AS FOLLOWS:
SECTION 1: Section 11.05 of the Municipal Code of the City of
Muskego, Wisconsin, is hereby created to read as follows:
11.05. Recycling of Refuse.
(1) 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
Administrative Code.
Section 159.11, Wis. Stats., and Chapter NR 544, Wis.
(2) Statutory Authority. This ordinance is adopted as
authorized under Section 159.09(3)(b), Wis. Stats.,
(3) Interpretation. It is not intended by this ordinance to
repeal, abrogate, annual, 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. In their interpretation and application, the provisions a and shall not be deemed a limitation or repeal of any other power
of this ordinance shall be held to be the minimum requirements
granted by the Wisconsin Statutes. Where any terms or
requirements of this ordinance may be inconsistent or
conflicting, the more restrictive requirements of interpretation
Wisconsin Statutes, or by a standard in Chapter NR 544, Wis.
shall apply. Where a provision of this ordinance is required by
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.
to all persons within the City of Muskego.
(4) Applicability. The requirements of this ordinance apply
(5) Definitions. For the purposes of this ordinance:
(a) "Bi-metal container" means a container for carbonated or malt beverages that is made
primarily of a combination of steel and aluminum.
(b) "Container board" means corrugated paperboard used in the manufacture of shipping containers
and related products.
primarily from foam polystyrene that satisfies
"Foam polystyrene packaging" means packaging made
one of the following criteria:
(1) Is designed for serving food or beverages.
(C)
n/
Ordinance #E40 Page 2
(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.
by the SPI code #2.
"HDPE" means high density polyethylene, labeled
the SPI code #4.
"LDPE" means low density polyethylene, labeled by
"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 or stove, residential or
commercial furnace, boiler, dehumidifier or water
heater.
"Multiple-family dwelling" means a property
containing 6 or more residential units, including
those which are occupied seasonally.
printed on newsprint.
"Newspaper" means a newspaper and other materials
"Non-residential 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 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.
"Other resins or multiple resins" means plastic
resins labeled by the SPI code #I.
"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.
by the SPI code #l.
"PETE" means polyethylene terephthalate, labeled
separate, rigid plastic bottle, can, jar or
"Plastic container" means an individual,
carton, except for a blister pack, that is
Ordinance #E40 , Page 3
originally used to contain a product that is the
subject of a retail sale.
solid waste generated in the production of goods,
"Postconsumer waste" means solid waste other than
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)l., Wis. Stats.
(PI
(9)
#5.
"PP" means polypropylene, labeled by the SPI code
(r) "PS" means polystyrene, labeled by the SPI code
(SI "PVC" means polyvinyl chloride, labeled by the
(t) "Recyclable materials" includes lead acid
#6.
SPI code #3.
waste; aluminum containers; corrugated paper or
batteries; major appliances; waste oil; yard
other container board; foam polystyrene
packaging; glass containers; magazines;
newspaper; office paper; rigid plastic
containers, including those made of PETE, HDPE,
PVC, LDPE, PP, PSI and other resins or multiple
resins; steel containers; waste tires; and
bi-metal containers.
(u) "Solid waste" has the meaning specified in
(v) "Solid waste facility" has the meaning specified
(w)
Section 144.01(15), Wis. Stats.
in Section 144.43(5), Wis. Stats.
technique or process which is designed to change
"Solid waste treatment" means any method,
the physical, chemical or biological character or
composition of solid waste. "Treatment" includes
incineration.
(x) "Waste tire" means a tire that is no longer suitable for its original purpose because of
wear, damage or defect.
and garden debris and brush, including clean
"Yard waste" means leaves, grass clippings, yard
woody vegetative material no greater than 6
inches in diameter. This term does not include
stumps, roots or shrubs with intact root balls.
(Y)
0
family and 2 to 5 unit residences, multiple-family dwellings and
non-residential facilities and properties shall separate the
beginning on the dates provided herein.
following materials from postconsumer waste in the manner and
(6) Separation of Recyclable Materials. Occupants of single
Ordinance #840 Page 4
Lead acid batteries
Major appliances
Waste oil
Yard Waste
Aluminum containers
Bi-Metal containers
Corrugated paper or other container board
Foam polystyrene packaging
Glass containers
Magazines
Newspapers
Office papers
Rigid plastic containers made of PETE, HDPE, PVC,
LDPE, PP, PS and other resins or multiple resins
Steel containers
Waste Tires
(7) Separation Requirements Exempted. The separation
requirements of Section 11.05(6) do not apply to the following:
(a) Occupants of single family and 2 to 5 unit residences, multiple-family dwellings and
non-residential 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 Section 11.05(6) from solid waste in
as pure a form as is technically feasible.
(b) Solid waste which is burned as a supplemental
input to the facility is derived from the solid
fuel at a facility if less than 30% of the heat
waste burned as supplemental fuel.
(c) A recyclable material specified in Section 11.05(6)(e) through (0) for which a variance has
been granted by the Department of Natural
or Section NR 544.14, Wis. Administrative Code.
Resources under Section 159.11(2m), Wis.Stats.,
(8) Care of Separated Recyclable Materials. To the greatest
extent practicable, the recyclable materials separated in
accordance with Section 11.05(6) shall be clean and kept free of
contaminants such as food or product residue, oil or grease, or
Ordinance #E40 Page 5
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
weather conditions.
manner which protects them from wind, rain, and other inclement
(9) Management of Lead Acid Batteries, Major Appliances,
Waste Oil and Yard Waste. Occupants of single family and 2 to 5
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:
(a) Lead acid batteries shall be taken for recycling to any area business which sells lead acid
batteries and accepts the same for recycling.
(b) Major appliances shall be placed curbside for recycling, except in the case of non-residential
facilities, major appliances shall be managed as
provided in Section 11.05(12).
(c) Waste oil shall be taken to the transfer station located in the Tess Corners Industrial Park and
deposited in the marked receptacle for recycling.
(d) Yard waste shall be taken to the transfer station
deposited in the marked receptacle for recycling.
located in the Tess Corners Industrial Park and
(10) Preparation and Collection of Recyclable Materials.
Except as otherwise directed by the Public Works Director,
occupants of single family and 2 to 5 unit residences shall
provide for the preparation and collection of the separated
materials specified in Section 11.05(6)(e) through (0) by
cleaning those materials from any residue and then placing the
materials curbside, or at the location on the property designated
for refuse collection at 2 to 5 unit residences if other than
weeks as directed by the Public Works Director, on the same day
curbside, in the designated recycling container, on alternating
as normal refuse collection. Materials must be separated and
prepared for recycling beginning on the following dates noted
below:
(a) Beginning July 1, 1994, the following materials shall be separated and placed curbside for
recycling:
(1) Aluminum containers
(2) Bi-Metal containers
(3) Glass containers
( 4) Newspapers
(5) Plastic containers made of PETE and HDPE,
Works Director due to excessive
unless directed otherwise by the Public
I Ordinance #840 Page 6
contamination by oil, anti-freeze or other
substances.
(6) Steel Containers
(7) Waste tires
placed curbside for recycling beginning January
The following materials shall be separated and
1, 1995:
(1) Corrugated paper or other container board
(2) Magazines
(3) Office papers
(b)
(c) The following materials shall not be placed curbside for recycling until directed by the
Public Works Director or otherwise directed by
the City:
(1) Plastic containers made of PVC, LDPE, PP, PS
and other resins or multiple resins
(2)Foam polystyrene packaging
(11) Responsibilities of Owners or Designated Agents of
Multiple-Family Dwellings and 2 to 5 unit residences.
(a) Owners or designated agents of multiple-family dwellings and 2 to 5 unit residences shall do all
of the following to recycle the materials
specified in Section 11.05(6)(e) through (0):
Provide that the separate containers
specifically designated for the recyclable
materials provided by the City are placed in
an accessible location adjacent to the
containers provided for normal refuse
collection.
Notify tenants in writing at the time of
renting or leasing the dwelling and at least
semi-annually thereafter about the
established recycling program and recycling
requirements including, but not limited to,
the requirements of this ordinance.
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.
Ordinance #E40 Page I
(b) Owners or designated agents of multiple-family
dwellings shall be responsible for control of all
containers and for enforcement of these
requirements among tenants.
Non-Residential Facilities and Properties.
(12) Responsibilities of Owners or Designated Agents of
(a) Effective January 1, 1995, or such other date as directed by the Public Works Director pursuant to
non-residential facilities and properties shall
state law, owners or designated agents of
do all of the following to recycle the materials
specified in Section 11.05(6)(e) through (0):
(1) Provide adequate, separate containers for
the recyclable materials.
(2) Notify in writing, at least semi-annually,
properties about the established recycling
all users, tenants and occupants of the
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 (1) do not apply to the owners or designated agents of
non-residential 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 Section 11.05(6)(e) through (0) from
solid waste in as pure a form as is technically
feasible.
(13) Prohibitions on Disposal of Recyclable Materials
waste disposal facility or burn in a solid waste treatment
Separated for Recycling. NO person may dispose of in a solid
facility any of the materials specified in Section 11.05(6)(e)
through (0) which have been separated for recycling, except waste
treatment facility.
tires may be burned with energy recovery in a solid waste
Ordinance #840 Page 8
purposes of recycling shall remain the property of the City. In
(14) All recycling containers provided by the City for
the event that a container is lost, stolen, removed from the
property to which it was assigned or damaged to the extent that it
is no longer usable for recycling purposes, the property owner
shall be charged by the City for all costs incurred by the City in
replacing the container.
(15) Enforcement.
(a) For the purposes of ascertaining compliance with the provisions of this ordinance, any authorized
officer, employee or representative of the City
of Muskego may inspect recyclable materials
separated for recycling, postconsumer waste
and facilities, collection vehicles, collection
intended for disposal, recycling collection sites
areas of multiple-family dwellings and
non-residential facilities and properties, and
which shall be kept confidential when necessary
any records relating to recycling activities,
may refuse access to any authorized officer,
to protect proprietary information. No person
employee or authorized representative of the City
of Muskego who requests access for purposes of
credentials. No person may obstruct, hamper, or
inspection, and who presents appropriate
interfere with such an inspection.
(b) Any person who violates a provision of this ordinance may be issued a citation to collect
not preclude proceeding under any other ordinance
forfeitures. The issuance of a citation shall
or law relating to the same or any other matter.
relating to the same or any other matter shall
Proceeding under any other ordinance or law
not preclude the issuance of a citation under
this paragraph.
(c) Penalties for violating this ordinance may be assessed as provided in Section 25.04 of this
code.
SECTION 2: The several sections of this ordinance are declared
to be severable. If any section or portion thereof shall be
declared by a decision of a court of competent jurisdiction to be
invalid, unlawful, or unenforceable, such decision shall apply
only to the specific section or portion thereof directly
specified in the decision, and not affect the validity of all
other provisions, sections, or portion thereof of the ordinance
which shall remain in full force and effect. Any other ordinance
whose terms are in conflict with the provisions of this ordinance .e are hereby repealed as to those terms that conflict.
Ordinance #840 Page 9
0 and after its passage and publication and approval of the
SECTION 3: This ordinance shall be in full force and effect from
Wisconsin Department of Natural Resources.
ATTEST : First Reading: 4/94
of May, 1994.
Published on the 19th day
STATE OF WISCONSIN )
Milwaukee CGunly )
) ss.
(SEAL)
Judith Ziolkowski being duly sworn,
dolh depose atid say lhal he is an aulhorized represenlalive of
The. .. Nusltcgo .SUH .................
a newspaper published at.. . Muskeso ..............
Wisconsin and that an advertisement of which the annexed is a
he copy, taken from said paper, was published therein on
...........................
'J ........................
........................
......................
i"""
(Signed).
BOOKKEEPER.
Subscribed and sworn lo before me this .... .... day CL
My Commission expirey .... APRIL 6, 1997
COMMON COUNCn ORDINANCE 1840 AN ORDINANCE To CREATE SECTION
CITY OF MUSKEGO ENTITLED WCY- 11.05OFTHEMUNICIPALCODEOF~
CLING OF REPUSE' TWE COMMON COUNCIL OF THE CITY OF MUSKEGO. WISCONSIN, DO HEREBY
SECTION 1: seetion 11.06 of the Municipal
Code of the City of Muskego. Wiawnsin. is
hereby mated to read as follows:
ORDAIN A9 FOLLOWS: I
11.05 Recycling of Refuse.
is to pmmote recycling. composting. and ~e-
some recovery through the administration
of an effective recycling program. as provided
in~Seetion 169.11. Wis. Stab., and Chapter NR 644. Wis. Administrative,Code.
(l".purpoae~Of*Oedinanee
adopted as authorized under Section
(2) sktow ~~th~rity. his ordinance is
159.09(3)(b), Wis. Stats.,
(3) Interpretation. It is not intended by this
ordinance to repeal, abrogate. annual. impair
or interfere with any existing rules. regula-
tions. ordinances or permits previously
adopted or issued pursuant to law. Howeve;,
whenever this ordinance imposes greater le-
strictions. the provisions of this ordinance
shall apply. In their interpretation and appli-
cation, the provisions of this ordinance shall
be held to be the minimum requirements and
shall not be deemed a Iimitatimor repeal of
any other power granted by the Wisconsin
Statutes. Where any terms or requirements
of this ordinance may be inconsistent or con-
flicting, the more restrictive requirements of
interpretation shall apply. Where a provision of this ordinance is required by Wisconsin
Statutes,orbyastandardinChapterNR644,
Win. Administrative Code, and where the or-
dinance provision is unclear. the provision
shall be interpreted in light of the Wisconsin
in effect on the date of the adoption of this or-
Statutes and the Chapter NR 544 standards
dinance,orineffectonthedateofthemostre-
cent text amendment to this ordinance.
ordinance apply to all persons within the City
(4) Applicability. The requirements of this
of Muskego.
(6) Definitions. For the purposes of this
ordinance:
(a) 'Bi-metal container" means a wntainer
forcarbonatedormaltbeveragesthatismade
primarily of a combination of stel and
aluminum.
(b) "Container board" means corrugated
paperboard used in the manufacture of ship-
ping containers and related products.
packaging made primarily from foam polya-
(e) "Foam polyetyrene packaging" means
tyrene that, satisfies one of the following
criteria:
beverages.
(1) Is designed for serving food or
(2) Consists of loose particles intended to
iill space and cushion the packaged article in
a shipping container.
(3) Consists of rigid materials shaped to
hold and cushiy,!k ?%*!FFQT&jgj&
shippingcontainer.
lyethylene, labeled by the SPI code f2.
(d) "HDPE" means high density po.
bethylene, labeled by' the SPI code #.I.
(e) 'LDPE" means low density
other materials printed on similar paper. (0 "Magazines" means magazines and
(g) major appliance' means a residential
or commercial air wnditioner, clothes dryer,
clothes washer. dishwasher, freezer, mim.
wave oven, oven, refrigeratoi or stove, resi.
dential or commercial furnace, boiler, dehu- midifiernr water heater.
(h) "Multiple-family dwelling" a
Property containing 6 or more residential ,,,,.
seasonally. its. including thoae which am oempied
other materials printed on newsprint. (i) mewspaper" means a newspapv and
(i) Won-residential feeilities and proper-
ties" meana commgkial, "tail, indusM, in- \
StitUtiOnal and WWrnqentel fmilitien and Pmpefies. Tbis do& not iadude multi- , ple fdy dwelling&; .
(k) "Owce pawmeans high -de print-
ing and writing papers fmm offices in non-
residential fecilities and properties. Printed
amples of of6rp paper pnemlly accepted an
white ledger and wmputer printout are ex-
high grade. Tks term does not include in-
dustrial pmss wan&
~~aatic resina I.A~I~ tha qpT w (I) "Other ~muftipe wins' means
(m) Ternon" indudeb any individual, wr-
porntion. partnership, association. I& gov- ernmental unit. as defined in Section
66.299(1Na), Wis. Steta.. atate agency OT nu-
thority or federal agency.
late, labeled by the SPI code dl.
(n)"PETE" means polyethylene terephtha-
(0) Tlastic container" me- an indivi-
dual.sepmte. rigid plautio bottle, can. jar or
carton. except for a blister pack, that is origi-
nally used to wntain a duct that is the
subject of a retail sale.
waate other than solid waste generated in the
(p) Tosteonaumer waste' meam solid
production of goods, hazardous waste. as de-
k.ed in Section 144.61(6), Win. State., waste
from wnstruction and demolition of struc-
hws, map automobiles. or high-volume in-
dustrial waste. as defined in Section
144.447)kdl.. Wis. Stab.
(q) TI'" meana polypropylene, labeled by
(r) 'PS" means polystyrene. labeled by the
(6) "PVC1 means polyvinyl chloride, ' labeled by the SPI wde f3. 1 (t)'%ycIable materials" includes kid
. ,. ~~~
the SPI mde Y5.
SPI code Y6.
/yard waste, aluminum containers; wm-
, acid battehes; msjor appliances; waste oil;
i gated paper or other container board; foam I polystyrene packaging; glass containers; ma-
(ga.ines;newspaper;officepaper;rigidpl~tic
contmners, including those made of PETE, HDPE, PVC. LDPE. PP, PS, and other resins
or multiple resins; steel containers; waste
I (u)'Solidwaste"hasthemeaningspeeifed
tires; and bi-metal wntainers.
jin Section 144.01(15), Wis. Stab.
1 (v) "Solid waste facility' has the meaning
Ispeeified i? Seztion 144.43(5), Win. State.
, (w) 'Sohd waste eatmenr means any
.method. technique or process which is de-
'signed to change the physical. chemical or
,biological L. character or wmposition of solid
waste. Treatment" includes incineration.
ber suitable for its original purpose because (x)Waste tire"means a tire that is no lon-
of wear, damage or defect. (y) "lard waste" means leaves. grass dip-
kings, yard and garden debris and bmh. in-
cluding clean woody vegetative material no
greater than 6 inches in diameter. This tellll
does not include stumps. mots m'shrubs with
intact root balls.
cupants of mingle family and 2 to 5 unit resi- (6) Separationofkyclable Materials. OC-
dences, multiple-family dwellings and non-
residential facilities and properties shall Be-
parate the following materials from
postconsumer waste in the manner and be-
.ginning on the dates provided herein.
(a) Lead acid batteries
(b) Major appliances
le) Waste oil
agricultural chemical mntamers. nccyclable
materials shell be &red in a manner which
pmtecta them from wind. rain. and other in-
clement weather conditions.
Major Appliances. Waste Oil and Yard
(9) Management of Lead Acid Batteries,
Waste. Occupants of single family and 2 to 5
unit residences. multiple-family dwellingn
and non-residential facilities and properties
pliances, waste oil, and yard waste as follows:
shall manage lead acid batteries, major ap
(a) Lead acid batteries shall be taken from
recycling to any area business which sells
lead acid battaries.and hpts the same for
reCyeling.
(b) Major appliances shall be placed curb-
side for recycling, except in the case of non-
residential facilities. major appliances shell
be managed as provided in Section 11.05(12).
(e) Waste oil shall be taken to the transfer
station located in the Teas Corners Industrial
Park and deposited in the marked receptacle
for recycling. (d) Yard wapte ehall be taken to the trans-
fer station located in the Tens Corners In-
dustrial Park and deposited in the marked re-
ceptacle for reeyeling.
(10) Preparation and Collection of Recycl-
able Materials. Except as otherwise directed
by the Public Works Director, occupants of
single family and 2 td 5 unit residences shall
provide for the preparation and wllection of
the separated materials specified in Seetion
11.05(6Xe) through (0) by cleaning those ma-
i terials From any residue and then placing the
materials nubside. or at the location on the
property designated for refuse wllection at 2
to 6 unit residences if other than curbside, in
the designated recycling wntainer, on alter-
nating weeks as directed by the Public Works
Dineetor, on the same day as normal refuse
collection. Materials must be separated and
prepared for recycling beginning on the fol-
lowing dates noted below:
materials shallbeseparated andplacedcurb
(a) Beginning July 1. 1994, the following
side for recycling:
(1) Aluminum containers
(2) Bi-Metal containers
(3) Glass containers
(4) Newspapers
HDPE. unless directed otherwise by the (5) Plastic wntainers made of PETE and
,Eu~~~~~X~=~~~~~= ~.
mination by oil,. anti-freeze or other
substances.
(6) Steel Containers
(7) Waste tires
ated and placed curbside for recycling begin-
(b) The following materials shall be separ-
ning January 1.1996:
(1) Cormnated DBDer or other wntainer I .. Qd&aS waste " board
(2) Magazines (e) Aluminum containers (3) office papers (0 Bi-Metal containers (c) The following materials shall not be
(g) Corrugated Paper or other wntainer plaoedcur~defor-yelingunhlldirededby the Public Works Director or otherwise di- Lava ""_
(h) Foam polyatyrene packaging
(i) Glass containers
(j) Magazines
Or) Newspapers
(m)RigidplasticcontainersmadeofPETE, HDPE, PVC. LDPE, PP. PS and other renins
or multiple re-
(n) Steel wntainers
(0) waste Tim
The separation requirements 'of %tion (7) Separation Requirements Exempted.
11.06(6) do not apply to the following:
unit residencea. multiple-family dwellings
(a) Occupants of single family and 2 to 5
and wn-residential fdUes and properties
that send their pomtco&&e
ceesingfadlitylieensed.bytheWiswndnDe-
r waate to a pm-
partment of Natural Reedma that remvers
the materials s&fi&&~5eCtion 11.05(6)
, Fromsolidwasteinaspuri;bformaslstechni-
cally feasible.
(b) %lid waste which is burned an a supple-
mentalfuelatnfPeilityiflesstban90s-ofthe
solid waste burned as supplemental fuel.
heat input to the facili~'in deiived fmm the
tion 11.05(6Xe) through (0) r whch a V.BT
(e) A rreJrclable material ped in,%:
ianm has been granted by the Depkrtment of
Natural Resources uder Section
644.14. Wis.!Mminiistrativu code.
169.11(2m),. Win. Steta.. 'oi Won NR
ids. To the greatest cent prs@cable. the
(8) Care of Separated Raeydable~&datsr-
nogelable matuiala separated in nccmdmrn
with Section 11.06(6) shall be clean and kept
free of wntamirmnts such as food OT pduct
reedue, 0il.orgrease. m.othernm-rscgclab1e
materials, including but ne limited to house-
hnld hazardous was?. medical yaste,. ??
(1) office papers
rezted by the City:
PP, PS and other resins or multiple resins
(l)PlaaticwntainersmadeofPVC,LDPE.
(2) Foam polystyrene parkaging
iftted Agents of Multiple-Family Dwellings
(11) hponaibilitien of hers or Desig-
and 2 to 6 unit rea+nwn...
(a)~ Owners or designatad agents of
multiple-familydw~gaand'~to6unitnm-
denms shall d
the materials
e.followiug to recycle
n Section 11.06(6He) ~~~ ~~
&gh(o):
(1) Provide that the separate cmtniners
spectfidy dewated for the recyclable ma-
tsrials provided hy thb City are placed !n an
amxasible laation adjacent to the contamers
~~~ ~~
&gh(o):
(1) Provide that the separate cmtniners
spectfidy dewated for the recyclable ma-
tsrials provided hy thb City are placed !n an
amxasible laation adjacent to the contamers
pmvlded for normal &e mllection.
(2) No* tenants in writing at the time of
renting or~leaping the dwelling and at lea&
end-annually therepftsr about the,entab
lished recycling program and Rcyellng re- quirements including, but not limited to. the
requirements of this ordinepee. .
(3) Noti$ tenants of mom to redurn and
-&-solid waste, which materials are wl-
Iected. how to prepare the materials in order
to meet the processing requirement% wlk tion methods or sitea. locations and hours of
operation, and-a wntact person or wmpany.
including a'name, address and telephone
number. (b) Owners or designated agents of
multiple-family dwelIinga pball be rewnsi-
ble for control of all wntainem and for enfor-
cement of these requirements among
tenants.
mted Agerib of Non-Residential Facilities
(12) Responsibilities of hers or Desig-
."A Pm-rties.
date as directed by the Public Works Director
(a)Effective January 1.1995. or such other
pursuant to state law, ownera or designated
agents of non-residential facilities and prop-
erties shall do all of the following to recycle
the materials speciiied in Section 11.06(6)(e)
througb (0):
(1) Provide adequate, separate containers
for the recyclable materials.
(2) Notify in writing, at least Bemi-
annualty.mIl usem, tenants and occupants of
the properties about the established recy-
cling program.
(3) Fmvide for the collection of the mater-
ids aeparated from the solid waste by the UB-
era,tenantsandocmpantsandthedeliveryof
the materials to a recycling facility.
(4) Noti users. tenants and oeeupan'ts of
reasons to reduce and recycle, which mater-
ials are collected. how to prepare materiala in
order to meet the processing requirements,
Wkction methods or sites, locations and
hours of operation, and a contact person or
company,includinganame,addressandtele-
phone number.
(b) The requirements specified in (1) do not
apply to the owners or designated agents of
postconsumer wasto generated within the fa-
non-residential facilities and propertiea ifthe
cility licensed by the Department of Natural
cilityorpropertyi.treaiedataprocessingfa-
Resources that rewvera for recycling the ma-
terials specified in Section 11.06(6)(e)
through (0) from solid waste in as pure a form
3s is technically feasible.
(13) Rohibitions on Disposal of Recyclable
Materials Separated for Recycling. No peraon
ity or burn in a 6olid waste treatment facility
may dispose ofin a solid waate disposal fadl-
any of the materials specified in Section
parated for recycling, ezc%pt.waste tires may
11.056Ne) through (0) which have been ~e-
be burned witb enegy r;eeoverY in a solid
, (14)~AuIreepclin~~rr8~p~~,~. by
the City for pGoses of.@cli.s shan're:
'main the property of thedity:In the event
that a container is lost:stolen. removed from
the pmperty to which it was assigned or de:
for recycling purposes, the property owner
magedtotheextentthatitisnolongerusable
curred by the City in replacing the container.
shall be charged by the City for all costa in-
(15) Enforcement.
pliance with the provisions of this ordinance,
(a) For the purposes of ascertaining com-
any authorized officer, employee or represen-
tative of the City of Muskego may inspect re-
cyclable materials separated for recycling,
postconsumer waste intended for disposal,
recycling collection sites and facilities, wllec-
tion vehicles, collection areas of multiple-
family dwellings and non-residential facili-
ties and properties. and any records relating
to recycling activities, which shall be kept
confidential when necessary to protect pro-
prietary information. No person may refuse
access to any authorized officer, employee or
authorized representative of the City of Mu-
skego who requests acces8 for purposes ofin-
spection, and who presents appropriate cre-
dentials. No person may obstruct. hamper, or
interfere with such an inspection.
(b) Any person who violates a provision of
this ordinance may beissued a citationto col-
lect forfeitures. The issuance of a citation
shall not preclude proceeding under any
otherordinsncearlewarelatingtothesameor
any ot5er matter. Proceeding under any
otherordinsneeorlewurelstingtothesameor
any other matter shall not.preclude the is-
suance of a citation under this paragraph.
may be assessed as provided in Section 25.04
(e) Penalties for violating thls ordinance
of this code. SECTION 2: The several sections of this
ordinance are declared to be Severable. lfany
section or portion thereofshall be declared by
a decision ofacourtofcompetentjurisdiction
to be invalid. unlawful, or unenforceable,
section or portion thereofdirectly specified in
such decision shall apply only to the specific
the decision, and not affect the validity of all
other provisions, sections, or portion thereof
of the ordinance which shall.remain in full
terms are in conflict with the provisions of
force end effect. Any other ordinance whose
thisordinance are hereby repealed astothone
terms that conflict,
forceandeffectfromandafferitspansageand
SECTION 3: This ordinance shall be in full
publication and appioval of the Wisconsin
Department of Natural Resources. PASSED AND APPROVED THIS lOTH
~atei~a~en~~a~~ti~~~~~~.~,~~.- _..d)_ L~
DAY OF MAY. 1994.
AlTES;P:
City Clerk
~ ~- .~
4/94jp