Recycling Ordinance
AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #XXXX
AN ORDINANCE TO AMEND ORDINANCE 840, CHAPTER 350, ARTICLE III,
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(RESPONSIBLE UNIT RECYCLING ORDINNCE)
1.01 Title. Recycling Ordinance for City of Muskego
1.02 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. 287.11, Wis. Stats., and Chapter NR 544,
Wis. Administrative Code.
1.03 Statutory Authority. This ordinance is adopted as authorized under
s. 287.09(3)(b), Wis. Stats.
1.04 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.
1.05 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.
1.06 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.
1.07 Applicability. The requirements of this ordinance apply to all persons
within the City of Muskego
1.08 Administration. The provisions of this ordinance shall be administered by
________________________________________________________________
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________________________________________________________________
_______________ .
1.09 Effective Date. The provisions of this ordinance shall take effect on
________________________________________________________________
________________________________________________________________
_______________ .
1.10 Definitions. For the purpose 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) “Glass Container” means 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.
5) “HDPE” means high density polyethylene, labeled by the SPI code # 2.
6) “LDPE” means low density polyethylene, labeled by the SPI code # 4.
7) “Magazines” means magazines and other materials printed on similar paper.
8) “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.
9) “Multiple-family dwelling” means a property containing 5 or more residential
units, including those which are occupied seasonally.
10) “Newspaper” means a newspaper and other materials printed on newsprint.
11) “Non-residential facilities and properties” means commercial, retail, industrial,
institutional and government facilities and properties. This term does not
include multiple family dwellings.
12) “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.
13) “Other resins or multiple resins” mean plastic resins labeled by the SPI code #
7.
14) “Person” includes any individual, corporation, partnership, association, local
government unit, as defined in s. 66.0131(1)(a), Wis. Stats., state agency or
authority or federal agency.
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15) “PETE” or “PET” means polyethylene terephthalate, labeled by the SPI code
# 1.
16) “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.
17) “Postconsumer waste” means solid waste other than solid waste generated in
the production of goods, hazardous waste, as defined in s. 291.01(7) Wis.
Stats., waste from construction and demolition of structures, scrap
automobiles, or high-volume industrial waste, as defined in s. 289.01(17).,
Wis. Stats.
18) “PP” means polypropylene, labeled by the SPI code # 5.
19) “PS” means polystyrene, labeled by the SPI code # 6.
20) “PVC” means polyvinyl chloride, labeled by the SPI code # 3.
21) “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.
22) “Solid waste” has the meaning specified in s. 289.01(33), Wis. Stats.
23) “Solid waste facility” has the meaning specified in s. 289.01(35), Wis. Stats.
24) “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.
25) “Waste tire” means a tire that is no longer suitable for its original purpose
because of wear, damage or defect.
26) “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.
1.11 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:
1) Lead acid batteries
2) Major appliances
3) Waste oil
4) Yard waste
5) Aluminum containers
6) Bi-metal containers
7) Corrugated paper or other container board
8) Foam polystyrene packaging
9) Glass containers
10) Magazines
11) Newspaper
12) Office paper
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13) Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and
other resins or multiple resins
14) Steel containers
15) Waste tires
1.12 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 licensed 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 supplement fuel at a facility if less than 30 %
of the heat input to the facility is derived from the solid waste burned as
supplement fuel.
3) A recyclable material specified in s. 1.11(5) through (15) for which a variance
has been granted by the Department of Natural Resources under s.
287.11(2m), Wis. Stats., or s. NR 544.14, Wis. Administrative Code.
1.13 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.
1.14 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 acid batteries shall be
________________________________________________________________
________________________________________________________________
________________________________________________________________
_______________________ .
2) Major appliances shall be
________________________________________________________________
________________________________________________________________
________________________________________________________________
_______________________ .
3) Waste oil shall be
________________________________________________________________
________________________________________________________________
________________________________________________________________
_______________________ .
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4) Yard waste shall be
________________________________________________________________
________________________________________________________________
________________________________________________________________
_______________________ .
1.15 Preparation and Collection of Recyclable Materials. Except as
otherwise directed by
_______________________________________________, 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 shall be
______________________________________________________________
______________________________________________________________
_____________ .
2) Bi-metal containers shall be
______________________________________________________________
______________________________________________________________
_____________ .
3) Corrugated paper or other container board shall be
______________________________________________________________
______________________________________________________________
_____________ .
4) Foam polystyrene packaging shall be
______________________________________________________________
______________________________________________________________
_____________ .
5) Glass containers shall be
______________________________________________________________
______________________________________________________________
_____________ .
6) Magazines shall be
______________________________________________________________
______________________________________________________________
_____________ .
7) Newspaper shall be
______________________________________________________________
______________________________________________________________
_____________ .
8) Office paper shall be
______________________________________________________________
______________________________________________________________
_____________ .
9) Rigid plastic containers shall be prepared and collected as follows:
a) Plastic containers made of PETE, including _______________________,
shall be
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___________________________________________________________
______ .
b) Plastic containers made of HDPE, including _______________________,
shall be
___________________________________________________________
______ .
c) Plastic containers made of PVC, including ________________________,
shall be
___________________________________________________________
______ .
d) Plastic containers made of LDPE, including _______________________,
shall be
___________________________________________________________
______ .
e) Plastic containers made of PP, including __________________________,
shall be
___________________________________________________________
______ .
f) Plastic containers made of PS, including __________________________,
shall be
___________________________________________________________
______ .
g) Plastic containers made of other resins or multiple resins, including
___________________, shall be
___________________________________________________________
______ .
10) Steel containers shall be
______________________________________________________________
______________________________________________________________
_____________ .
11) Waste tires shall be
______________________________________________________________
______________________________________________________________
_____________ .
1.16 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
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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 of multiple-family dwellings if the postconsumer waste generated
within the dwelling is treated at a processing facility licensed by the
Department of Natural Resources that recovers for recycling the materials
specified in s. 1.11(5) through (15) from solid waste in as pure a form as is
technically feasible.
1.17 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 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 s. 1.11 (5) through (15) from solid waste in as pure
a form as is technically feasible.
1.18 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.
1.19 Enforcement.
1) For the purpose of ascertaining compliance with the provisions of this
ordinance, any authorized officer, employee or representative of
______________________________________________________________
_______ may inspect recyclable materials separated for recycling,
postconsumer waste intended for disposal, recycling collection sites and
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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
______________________________________________________________
_______ 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 ______________________________________ 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 then $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 or more than $1000 for each violation.
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