Ordinance #1506-RecyclingCOMMON COUNCIL — CITY OF MUSKEGO
ORDINANCE #1506
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 shall
be hereby deleted and replaced with the following:
ARTICLE III. Recycling Ordinance for the City of Muskego.
350-26. 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 ch. NR 544, Wis. Adm. Code.
350-27. Statutory Authority.
This ordinance is adopted as authorized under s. 287.09(3)(b), Wis. Stats.
360-28. 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 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 ch. NR 544, Wis. Adm. Code, and where the ordinance
provision is unclear, the provision shall be interpreted in light of the Wisconsin Statutes
and the ch. 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.
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 ordinance apply to all persons within the City of Muskego.
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350-32. Definitions.
For the purpose 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.
C. "Foam polystyrene packaging" means packaging made primarily from foam
polystyrene that satisfies one of the following criteria:
1) is designed for serving food or beverages.
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.
D. "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.
E. "HDPE" means high density polyethylene, labeled by the resin code # 2.
F. "LDPE" means low density polyethylene, labeled by the resin code # 4.
G. "Magazines" means magazines and other materials printed on similar paper.
H. "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.
I. "Multiple --family dwelling" means a structure containing 5 or more residential units,
including units that are occupied seasonally.
J. "Newspaper" means a newspaper and other materials printed on newsprint.
K. "Non-residential facilities and properties" means commercial, retail, industrial,
institutional and government facilities and properties. Non-residential facilities and
properties includes any location at which goods or services are provided or
manufactured, including locations under construction, demolition, or remodeling, or
used for special events such as fairs, festivals, sport venues, conferences, and
exhibits. This term does not include multiple family dwellings.
L. "Office paper" means a variety of high-grade printing and writing papers. This term
does not include industrial process waste, newspaper or packaging.
M. "Other resins or multiple resins" mean plastic resins labeled by the resin code # 7.
N. "Person" includes any individual, corporation, limited liability company, partnership,
association, local government unit, as defined in s. 66.0131(1)(a), Wis. Stats., state
agency or authority or federal agency.
O. "PETE" or "PET" means polyethylene terephthalate, labeled by the resin code # 1.
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P. "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.
Q. "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.
R. "PP" means polypropylene, labeled by the resin code # 5.
S. "PS" means polystyrene, labeled by the resin code # 6.
T. "PVC" means polyvinyl chloride, labeled by the resin code # 3.
U. "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.
V. "Solid waste" has the meaning specified in s. 289.01(33), Wis. Stats.
W. "Solid waste facility" has the meaning specified in s. 289.01 35 Wis. Stats.
X. "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.
Y. "Waste tire" means a tire that is no longer suitable for its original purpose because of
wear, damage or defect.
Z. "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.
350-33. 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:
A. Lead acid batteries
B. Major appliances
C. Waste oil
D. Yard waste
E. Aluminum containers
F. Bi-metal containers
G. Corrugated paper or other container board
H. Foam polystyrene packaging
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I. Glass containers
J. Magazines
K. Newspaper
L. Office paper
M. Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and other
resins or multiple resins
N. Steel containers
O. Waste tires
350-34. Separation Requirements Exempted.
The separation requirements of § 350-33 do not apply to the following:
A. 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 § 350-33 from solid waste in as pure a form as is
technically feasible.
B. 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.
C. A recyclable material specified in § 350-33 (E) through (0) 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. 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 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.
350-36. 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:
A. Lead acid batteries shall be disposed of in a manner as described on the City of
Muskego's website which may be amended from time to time.
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B. Major appliances shall be disposed of in a manner as described on 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 on 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 on the City of Muskego's
website which may be amended from time to time.
350-37. Preparation and Collection of Recyclable Materials.
Except as otherwise directed by Public Works and Development Director or designee,
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 § 350-33 (E) through
(0):
A. Aluminum containers shall be separated and placed curbside for recycling.
B. Bi-metal containers shall be separated and placed curbside for recycling.
C. Corrugated paper or other container board shall be separated and placed curbside
for recycling.
D. Foam polystyrene packaging shall not be placed curbside for recycling until directed
by the Public Works and Development Director or designee or otherwise directed by
the City.
E. Glass containers shall be separated and placed curbside for recycling.
F. Magazines shall be separated and placed curbside for recycling.
G. Newspaper shall be separated and placed curbside for recycling.
H. Office paper shall be separated and placed curbside for recycling.
Rigid plastic containers shall be separated and placed curbside for recycling.
J. Steel containers shall be separated and placed curbside for recycling.
K. Waste tires shall be placed curbside. Resident needs to call recycle pickup company
(ie. GFL) for bulk trash collection.
350-38. Responsibilities of Owners or Designated Agents of Multiple -Family
Dwellings.
A. Owners or designated agents of multiple -family dwellings shall do all of the following
to recycle the materials specified in § 350-33 (E) through (0)
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1) Provide adequate, separate containers for the recycling program established in
compliance with the ordinance. The number of recycling containers shall equal or
be greater than the number of trash containers and at least one of the following
shall be met:
a) The minimum total volume of recycling container space is equal to 20 gallons
per week per dwelling unit.
b) The ratio of trash container volume to recycling container volume is at most 2:1.
c) An alternative method that does not result in the overflow of a recycling
container during the time period between collection of materials and delivery to
a recycling facility.
2) Notify tenants in writing at the time of renting or leasing the dwelling and at least
semi-annually thereafter about the established recycling program.
3) 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.
4) Notify tenants which materials are collected, how to prepare the materials in
order to meet the processing requirements, collection methods or sites, and
locations of drop-off collection sites to recycle materials not collected on -site.
B. 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. § 350-33 (E) through (0) from
solid waste in as pure a form as is technically feasible.
350-39. Responsibilities of Owners or Designated Agents of Non -Residential
Facilities and Properties.
A. Owners or designated agents of non-residential facilities and properties shall do all
of the following to recycle the materials specified in § 350-33 (E) through (0):
1) Provide adequate, separate containers for the recycling program established
under this section. The total volume of recycling containers shall be sufficient to
avoid overflow during the time period between collection of materials and delivery
to a recycling facility.
2) Notify in writing, at least semi-annually, 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.
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4) Notify users, tenants and occupants which materials are collected, how to
prepare materials in order to meet the processing requirements, collection
methods or sites, and locations of drop-off collection sites to recycle materials not
collected on -site.
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 § 350-33
(E) through (0) from solid waste in as pure a form as is technically feasible.
350-40. 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 § 350-33 (E) through (0) that have
been separated for recycling, except waste tires may be burned with energy recovery in
a solid waste treatment facility.
350-40.1. 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.
350-40.2. Enforcement; violations and penalties.
A. For the purpose 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 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 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 ordinance 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 paragraph.
C. Penalties for violating this ordinance may be assessed as follows:
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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 then $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.
SECTION 2: It is the intent of the Common Council that the provisions of this Chapter
are 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 2nd DAY OF DECEMBER 2025.
ATTEST:
0AN-t- R e .Lei
City Clerk
CITT OF •
OWE
01
First Reading: November 11, 2025
Summary of Ordinance Published: December 9 , 2025
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