HomeMy WebLinkAboutOrdinance 2003 (641) RECYCLING ORDINANCE AMENDMENT
ORDINANCE NO. (AI (d dd3)
ST. CROIX COUNTY, WISCONSIN
WHEREAS, the St Croix County Board of Supervisors adopted the St Croix
County Recycling Ordinance as amended in 1994 in compliance with the laws set forth in
the State Statutes; and
WHEREAS, the St Croix County Recycling Ordinance references the Wisconsin
State Statutes in the areas of Solid Waste and Recycling; and
WHEREAS, the State Statutes have been renumbered, and the ordinance has been
updated to reflect those changes.
THEREFORE, be it resolved, that the St. Croix County Board of Supervisors
hereby adopts the amended Recycling Ordinance.
Offered by the Resource and Education Committee on October 30, 2003.
Negative Affirmative
Q tt V--1/L
Reviewed by Corporation Counsel
I Date /0 / 7 /03
Greg immerman, Corporation Counsel
Duly enacted by the St Croix County Board of Supervisors on October 30, 2003.
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Cindy CampbCYl;St Croix County Cterk
CHAPTER 43
RECYCLING ORDINANCE
The St. Croix County Board of Supervisors does ordain, as follows:
(1) TITLE. The title of this ordinance shall be the St. Croix County Recycling
Ordinance.
(2) AUTHORITY. This ordinance is enacted pursuant to sections
1-)91(b)287.O9(3 (b) and 59.02, Wisconsin Statutes.
(3) 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.
(4) INTERPRETATION. In their interpretation and application, the provisions of
this ordinance shall be held to the minimum requirements and shall not be
deemed a limitation or repeal of any 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, Wisconsin 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 at the time of the
interpretation.
(5) 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.
(6) PURPOSE. The purpose of this ordinance is to regulate and require the
separation, collection and processing of recyclable materials to the greatest extent
feasible.
(7) MANDATORY RECYCLING. Owners and/or occupants of single - family and
multi - family residences and non - residential facilities located within or
conducting business in any member municipality within the St. Croix County
responsible unit, are required to separate and recycle, from their municipal solid
waste, those items identified in sections (10) and (12) of this ordinance.
(8) DEFINITIONS.
(a) "Aluminum container" means all aluminum food or beverage cans.
(b) "Bi -metal container" means a food or beverage container that is primarily
made of a combination of steel and aluminum.
(bc) "Corrugated cardboard" means corrugated paperboard or cardboard used
in the manufacture of shipping containers and related products.
(c) "Composting" means the decomposition or breakdown of organic
materials.
(d) "Curbside collection" means the collection of recyclable items, usually at
the curb, from single - family and 2 -4 unit residences, apartments, and non-
residential facilities and properties.
(e) "Drop -off system" means a system for collecting recyclable materials in
which the recyclable materials are taken by individuals to designated
collection sites and deposited into designated containers from which the
recyclable materials are transported for processing and marketing.
(f) "Glass container" means bottles and jars, such as food jars, beer and pop
bottles, wine and liquor bottles, etc.
(fc) "HDPE" means a plastic container made from high- density polyethylene
resin and labeled by the SPI code #2.
(fh) "Household waste" means any material, including garbage, trash and
sanitary wastes in septic tanks, derived from households, including single
and multiple residences, hotels and motels, bunkhouses, ranger stations,
crew quarters, campgrounds, picnic grounds and day -use recreation areas.
(g) "Lead acid battery" means a battery, such as a car, tractor or marine
battery.
(gc) "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
(except those from which the capacitor has been removed,) oven,
refrigerator, stove, residential or commercial furnaces, boilers,
dehumidifiers, and water heaters.
(i) "Material(s) recovery facility (MRF)" means a facility where 1 or more of
the materials specified in section 159.07(3)287.07(3) or (4), Wisconsin
Statutes, not mixed with other solid waste, are processed for reuse or
recycling by conversion into a consumer product or a product which is
used as a raw material in a commercial or industrial process.
(r) "Recycling" means the collection, transfer, transporting, processing,
marketing and conversion of solid wastes into usable materials or
products.
(s) "Recyclable material" means any item as designated in section (10) of this
ordinance.
(t) "Reduce" means decreasing the quantity of materials or products or both
that are generated as waste or disposed of.
(u) "Residential properties containing single family and 2 to 4 family
residential units, including those that are occupied seasonally.
(v) "Responsible unit" means a municipality, county or solid waste
management system under section 59.07(135),50.70(2), Wisconsin
Statutes that is designated under section 159.09{1),287 Wisconsin
Statutes.
(w) "Reuse" means using a component of municipal solid waste again for its
original purpose.
(x) "Solid waste facility" means a facility for solid waste treatment, storage or
disposal as defined in section 1 Wisconsin Statutes.
(xc) "SPI" means the Society of the Plastic Industry.
(y) "Steel container" means a food or beverage container made from steel.
(z) "Waste oil" means automotive engine oil after it has been used and
removed from the engine or crankcase of a motor vehicle.
(zc) "Waste tire" means a tire that is no longer suitable for its original purpose
because of wear, damage or defect.
(zh) "Yard waste" means leaves, grass clippings, yard and garden debris and
brush, including woody vegetative material no greater than 6 inches in
diameter. This term does not include stumps, roots or shrubs with intact
root bulbs.
(9) APPLICABILITY. This ordinance shall apply to member municipalities of the St.
Croix County responsible unit and, in addition, includes the following:
(a) Any solid waste hauler or recycler conducting business within St. Croix
County.
(b) Occupants of single family residences, seasonal residences, property
containing two (2) or more dwelling units and non - residential facilities
and properties.
(c) Owners or agents of properties containing five (5) or more dwelling units.
(d) Owners or agents of non - residential facilities and properties.
(e) Any in -state or out -of -state municipality disposing of solid waste at a solid
waste facility within the County.
(10) RECYCLABLE MATERIALS. The following materials shall be separated from
solid waste for recycling and are prohibited from land disposal and incineration:
(a) Aluminum container.
(b) Glass container.
(c) Steel container.
(d) Bi -metal container.
(e) Newspaper.
(f) Corrugated Cardboard.
(g) Magazines.
(h) Office Paper (Does not apply to single- and multi - family residential
properties.)
(i) PETE ( #1) & HDPE ( #2) Plastic container.
(11) DISPOSAL & INCINERATION PROHIBITED. Except as provided by section
459.07(7).287.07(7), Wisconsin Statutes, it is illegal to dispose of in a solid waste
facility any of the materials listed in section (10), that have been separated for
recycling. It is also illegal to dispose of in a solid waste facility any lead acid
battery, major appliance, waste oil, waste tires or yard waste.
(12) MANAGEMENT OF LEAD ACID BATTERIES, MAJOR APPLIANCES,
WASTE OIL, YARD WASTE AND WASTE TIRES. Occupants of single family
and 2 to 4 unit residences, multi - family dwellings and non - residential facilities
and properties shall be responsible to separate lead acid batteries, major
appliances, waste oil, yard waste and waste tires from solid waste and manage
them in the follow manner:
(a) Lead acid batteries shall be delivered to a DNR approved material(s)
recovery facility that accepts lead acid batteries or to a lead acid battery
retailer. Batteries may be picked up by a service provider, provided they
are recycled or reclaimed in a manner that is approved by the DNR.
(b) Major appliances shall be delivered to a DNR approved waste
hauler /recycler or a material(s) recovery facility that accepts major
appliances. Any person accepting major appliances must comply with the
provisions of sections 134.41(9) and 141.79,289.53 alzd 299. -15, Wisconsin
Statutes, for the removal and disposal of capacitors and section
1-44,422- Wisconsin Statutes, for the dismantling of refrigeration
equipment.
(c) Waste oil shall be delivered to a DNR approved waste oil drop -off site.
(d) Yard waste shall be composted on the site of origin, or delivered to a DNR
approved site for composting or landspreading.
(e) Waste tires shall be delivered to a municipal collection point that accepts
waste tires or to a private business that accepts tires for recycling or proper
disposal.
(13) COLLECTION. A member municipality with a population of over 5,000 shall be
required to provide curbside collection of recyclable materials from single - family
and 2 -4 unit residences at least one time per month. A member municipality with
a population of less than 5,000 may provide curbside collection or have
reasonable access to a drop -off system for the collection of recyclable material.
Member municipalities are not required to collect office paper from single- and
multi - family residential properties. A member municipality may require the
collection of recyclables by ordinance or contract, or a combination thereof. Prior
to March 15 of each year, the member municipality shall file a report with the
County, on forms provided by the County, showing the quantity of materials
collected in the preceding year and any other information required by the County.
The member municipality shall be responsible to collect recyclable materials in a
manner that meets the specifications of a material(s) recovery facility, a broker,
and/or an end user. Owners and/or agents of residential properties containing five
(5) or more dwelling units and/or non - residential properties and facilities are
responsible for the collection of recyclable materials, including office paper, in
accordance with section (17) of this ordinance.
(14) ALTERNATIVE COLLECTION SYSTEM. A member municipality may apply
to the County, under NR 544.08(3), for approval of an alternative collection
system that does not comply with the requirements of section (13).
(15) PROCESSING. A member municipality is responsible for the processing of
recyclable materials, collected from single - family and 2 -4 unit residences, by
ordinance or contract or a combination thereof. The member municipality must
annually certify to the County that collected material has been processed at a
DNR approved material(s) recovery facility.
(16) ALTERNATIVE PROCESSING SYSTEM. A member municipality may apply
to the County, under NR 502.08 and NR 544.08(3) for approval of an alternative
processing system that does not comply with the requirements of section (15).
(17) OWNERS /AGENTS RESIDENTIAL AND NON - RESIDENTIAL
PROPERTIES AND FACILIT IES. Owners and/or agents of residential properties
containing five (5) or more dwelling units and/or non - residential properties and
facilities are required to separate from solid waste and recycle those items
identified in section (10). Recyclables collected from these facilities shall remain
the property of these facilities. In addition, owners and/or agents under this
section must:
(a) Provide adequate, separate containers for the collection of recyclable
materials.
(b) Notify tenants, users and occupants, including seasonal tenants, in writing
at the time of renting or leasing the dwelling and at least semi - annually
thereafter, of the recycling program.
(c) Provide for the collection of recyclable materials separated from the solid
waste by the tenants and the delivery of the recyclable material to a
materials(s) recovery facility.
(d) Notify tenants, users and occupants, of: the reasons to reduce, reuse and
recycle; which materials are collected; how to prepare recyclable materials
in order to meet processing requirements; collection methods or sites;
location and hours of operation; and a contact person or company,
including name, address and phone number.
(18) INSPECTION. A County law enforcement officer, County solid waste
coordinator or his/her designee may enter and inspect any multi - family dwelling
and non - residential facility and property for the purpose of ascertaining
compliance with this ordinance. No person may refuse entry or access to an
authorized person of the County for the purpose of inspection, provided the
County give 24 hours notice and conduct the inspection during normal County
business hours. No person may obstruct, hamper or interfere with such inspection.
(19) ENFORCEMENT.
(a) Any person who violates a provision of this ordinance is subject to any of
the following:
1. A written notice of violation stating the nature of the violation and
the corrective measures to be taken.
2. A citation, pursuant to section 66.119, Wisconsin Statutes, with a
forfeiture amount of $50.
3. A lawsuit for injunctive relief and/or a forfeiture of not less than
$100 and not more than $500. Each day a violation exists or
continues shall constitute a separate offense.
(b) Use of any one of the enforcement methods listed above does not preclude
the use of any of the other methods for the same violation. The
enforcement methods do not have to be utilized in the order listed.
(c) The County solid waste coordinator or his/her designee may issue notices
of violation. Any County law enforcement officer, the County solid waste
coordinator or his designee may issue citations for violation of this
ordinance.
(20) EFFECTIVE DATE. This ordinance shall become effective on January 1, 1995.
Ordinance No. 350 (94) — August, 1994
Amended: Resolution No. 33 (94) — December, 1994