ORD20201452-Recycling
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1452
AN ORDINANCE TO AMEND CHAPTER 350, ARTICLE III,
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Recycling)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 350, Article III, of the Municipal Code of the City of Muskego, is
hereby amended to read as follows:
§ 350-26. Purpose.
The purpose of this article is to promote recycling, composting, and resource recovery
through the administration of an effective recycling program, as provided in § 287.11,
Wis. Stats., and Ch. NR 544, Wis. Adm. Code.
§ 350-27. Statutory authority.
This article is adopted as authorized under § 287.09(3)(b), Wis. Stats.
§ 350-28. 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.
§ 350-29. Interpretation.
In their interpretation and application, the provisions of this article 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
article may be inconsistent or conflicting, the more restrictive requirements or
interpretation shall apply. Where a provision of this article is required by Wisconsin
Statutes, or by a standard in Ch. NR 544, Wis. Adm. Code, and where the provision of
this article 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 article, or
in effect on the date of the most recent text amendment to this article.
§ 350-30. 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.
§ 350-31. Applicability.
The requirements of this article apply to all persons within the City of Muskego.
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§ 350-32. Definitions.
For the purposes of this article, the following terms shall have the meanings indicated:
BIMETAL CONTAINER
A container for carbonated or malt beverages that is made primarily of a
combination of steel and aluminum.
CONTAINER BOARD
Corrugated paperboard used in the manufacture of shipping containers and related
products.
FOAM POLYSTYRENE PACKAGING
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.
GLASS CONTAINER
A glass bottle, jar, or other packaging container used to contain a product that is
the subject of a retail sale and does not include ceramic cups, dishes, oven ware,
plate glass, safety and window glass, heat resistant glass such as pyrex, lead
based glass such as crystal, or TV tubes.
HDPE
High-density polyethylene, labeled by the SPI Code No. 2.
LDPE
Low-density polyethylene, labeled by the SPI Code No. 4.
MAGAZINES
Magazines and other materials printed on similar paper.
MAJOR APPLIANCE
A residential or commercial air conditioner, clothes dryer, clothes washer,
dishwasher, freezer, microwave oven, oven, refrigerator, stove, residential or
commercial furnace, boiler, dehumidifier or water heater.
MULTIPLE-FAMILY DWELLING
A property containing five or more residential units, including those which are
occupied seasonally.
NEWSPAPER
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A newspaper and other materials printed on newsprint.
NONRESIDENTIAL FACILITIES AND PROPERTIES
Commercial, retail, industrial, institutional and governmental facilities and
properties. This term does not include multiple-family dwellings.
OFFICE PAPER
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
Plastic resins labeled by the SPI Code No. 7.
PERSON
Includes any individual, corporation, partnership, association, local governmental
unit, as defined in § 66.0131(1)(a), Wis. Stats., state agency or authority or federal
agency.
PETE
Polyethylene terephthalate, labeled by the SPI Code No. 1.
PLASTIC CONTAINER
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
Solid waste other than solid waste generated in the production of goods, hazardous
waste, as defined in § 291.01(7), Wis. Stats., waste from construction and
demolition of structures, scrap automobiles, or high-volume industrial waste, as
defined in § 289.01(17), Wis. Stats.
PP
Polypropylene, labeled by the SPI Code No. 5.
PS
Polystyrene, labeled by the SPI Code No. 6.
PVC
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.
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SOLID WASTE
Has the meaning specified in § 289.01(33), Wis. Stats.
SOLID WASTE FACILITY
Has the meaning specified in § 289.01(35), Wis. Stats.
SOLID WASTE TREATMENT
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
A tire that is no longer suitable for its original purpose because of wear, damage or
defect.
YARD WASTE
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.
§ 350-33. 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 in the manner and beginning on the dates provided herein:
A. Lead acid batteries.
B. Major appliances.
C. Waste oil.
D. Yard waste.
E. Aluminum containers.
F. Bimetal containers.
G. Corrugated paper or other container board.
H. Foam polystyrene packaging.
I. Glass containers.
J. Magazines.
K. Newspapers.
L. Office papers.
M. Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS and other
resins or multiple resins.
N. Steel containers.
O. Waste tires.
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§ 350-34. Exemptions.
The separation requirements of § 350-33 do not apply to the following:
A. Occupants of single-family and two- to four-unit residences, multiple-family
dwellings and nonresidential facilities and properties that send their
postconsumer waste to a processing facility licensed by the Wisconsin
Department of Natural Resources that recovers the materials specified in
§ 350-33 from solid waste in as pure a form as is technically feasible.
B. Solid waste which is burned as a supplemental fuel at a facility if less than
30% of the heat input to the facility is derived from the solid waste burned as
supplemental fuel.
C. A recyclable material specified in § 350-33E through O for which a variance
has been granted by the Department of Natural Resources under
§ 287.11(2m), Wis. Stats., or § NR 544.14, Wis. Adm. Code.
§ 350-35. Care of separated recyclable materials.
To the greatest extent practicable, the recyclable materials separated in accordance
with § 350-33 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.
§ 350-36. Management of lead acid batteries, major appliances, waste oil and
yard waste.
Occupants of single-family and two- to four-unit residences, multiple-family dwellings
and nonresidential facilities and properties shall manage lead acid batteries, major
appliances, waste oil, and yard waste as follows:
A. Lead Acid Batteries shall be disposed of in a manner as described in the City
of Muskego’s website which may be amended from time to time.
B. Major Appliances shall be disposed of in a manner as described in the City of
Muskego’s website which may be amended from time to time. In the case of
nonresidential facilities, major appliances shall be managed as provided in
§ 350-39.
C. Waste Oil shall be disposed of in a manner as described in the City of
Muskego’s website which may be amended from time to time.
D. Yard Waste shall be disposed of in a manner as described in the City of
Muskego’s website which may be amended from time to time.
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§ 350-37. Preparation and collection of recyclable materials.
Except as otherwise directed by the Public Works and Development Director or
designee, occupants of single-family and two- to four-unit residences shall provide for
the preparation and collection of the separated materials specified in § 350-33E through
O 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 two- to four-unit
residences if other than curbside, in the designated recycling container, on alternating
weeks as directed by the Public Works and Development Director or designee, on the
same day 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) Bimetal containers.
(3) Glass containers.
(4) Newspapers.
(5) Plastic containers made of PETE and HDPE, unless directed otherwise by
the Public Works and Development Director or designee due to excessive
contamination by oil, antifreeze or other substances.
(6) Steel containers.
(7) Waste tires.
B. The following materials shall be separated and placed curbside for recycling
beginning January 1, 1995:
(1) Corrugated paper or other container board.
(2) Magazines.
(3) Office papers.
C. The following materials shall not be placed curbside for recycling until directed
by the Public Works and Development Director or designee 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.
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§ 350-38. Responsibilities of owners or designated agents of multiple-family
dwellings and two- to four-unit residences.
A. Owners or designated agents of multiple-family dwellings and two- to four-unit
residences shall do all of the following to recycle the materials specified in
§ 350-33E through O:
(1) Provide that the separate containers specifically designated for the
recyclable materials are placed in an accessible location adjacent to the
containers provided for normal refuse collection.
(2) Notify tenants in writing at the time of renting or leasing the dwelling and
at least semiannually thereafter about the established recycling program
and recycling requirements, including but not limited to the requirements
of this article.
(3) 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. Owners or designated agents of multiple-family dwellings shall be responsible
for control of all containers and for enforcement of these requirements among
tenants.
§ 350-39. Responsibilities of owners or designated agents of nonresidential
facilities and properties.
A. Effective January 1, 1995, or such other date as directed by the Public Works
and Development Director or designee pursuant to state law, owners or
designated agents of nonresidential facilities and properties shall do all of the
following to recycle the materials specified in § 350-33E through O:
(1) Provide adequate, separate containers for the recyclable materials.
(2) Notify in writing, at least semiannually, 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.
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B. The requirements specified in Subsection A(1) 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 § 350-33E through O from
solid waste in as pure a form as is technically feasible.
§ 350-40. Prohibitions on disposal of 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 § 350-33E through O which have been
separated for recycling, except waste tires may be burned with energy recovery in a
solid waste treatment facility.
§ 350-41. Replacement of recycling containers.
In 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.
§ 350-42. Enforcement; violations and penalties.
A. For the purposes of ascertaining compliance with the provisions of this article,
any authorized officer, employee or representative of the City of Muskego 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 City of Muskego 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 article may be issued a citation for
noncompliance. 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 ordinance may be assessed as follows:
(1) Any person who violates § 350-40 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.
(2) Any person who violates a provision of this ordinance, except 350-40, may
be required to forfeit not less than $10 or more than $1000 for each
violation.
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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 is hereby repealed as to those terms that conflict.
SECTION 3: This Ordinance shall be in full force and effect from and after its passage
and publication.
PASSED AND APPROVED THIS 27th DAY OF OCTOBER 2020.
CITY OF MUSKEGO
_______________________________
Rick Petfalski, Mayor
ATTEST: First reading: October 13, 2020
Clerk-Treasurer
Ordinance Published: November 4, 2020
10/2020cmc
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