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HomeMy WebLinkAboutOrdinance 1994 (350) Page 2 • The Woodville. Leader • August 25, 1994 RECYCLING ORDINANCE ORDINANCE #350(94) ST. CROIX COUNTY, WISCONSIN RECYCLING ORDINANCE ORDINANCE # 3 5 6 C-/L) ST. CROIX COUNTY, WISCONSIN 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 159.09(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) SEVERABIUTY. 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 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 section (10) of this ordinance. (8) DEFINITIONS. (a) "Aluminum container means all aluminum beverage cans. (b) "Bi -metal container means a container for carbonated or malt beverages that is primarily made of a combination of steel and aluminum. (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. 1 (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. (f1) "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. (h) "Major appliance" means a residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator or stove. (i) "Material(s) recovery facility (MRF)" means a facility where 1 or more of the materials specified in section 159.07(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. (j) "Member municipality" means a city, village, town or solid waste management system as - defined in section 59.07(135), Wisconsin Statutes, which is part of the St. Croix County _ responsible unit and did not adopt a resolution pursuant to section 159.09(1)(c), Wisconsin Statutes. (k) "Multi- family dwelling" means a property containing 5 or more residential units, including those which are occupied seasonally. (1) "Municipal solid waste (MSW)" means household waste or solid waste from commercial or industrial sources that does not contain hazardous waste and does not contain any process waste which is the direct or indirect result of the manufacturing of a product or the performance of a service such as dry cleaners or paint shops. (m) "Municipality" means any in -state or out -of -state city, village, town, or county. (n) "Non - residential facilities and properties" means commercial, retail, industrial, institutional and governmental facilities and properties. (o) "Owner" means any individual, corporation, partnership, association, or local government unit, as defined in section 66.299(1)(a), Wisconsin Statutes, state agency or authority or federal agency. (p) "Out -of -state unit" means a general purpose local governmental unit located in a state other than Wisconsin. (q) "Person" has the same meaning as (o), above. 2 1 i' r 11 (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" means 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), Wisconsin Statutes that is designated under section 159.09(1), 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 144.43(5), Wisconsin Statutes. (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. (z1) "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 to any in -state or out-of -state municipality disposing of solid waste at a solid waste facility within the County, including 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. 3 M (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. (11) DISPOSAL & INCINERATION PROHIBITED. Except as provided by section 159.07(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 tires or yard waste. (12) MANAGEMENT OF LEAD ACID BATTERIES, MAJOR APPLIANCES, WASTE OIL AND YARD WASTE. Occupants of single family and 2 to 4 unit residences, multi - family dwellings and non - residential facilities and properties shall manage lead acid batteries, major appliances, waste oil and yard waste in the following manner: (a) Lead acid batteries shall be delivered to an approved material(s) recovery facility which 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. (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 144.44(9) and 144.79, Wisconsin Statutes, for the removal and disposal of capacitors and section 144.422, Wisconsin Statutes, for the dismantling of refrigeration equipment. (c) Waste oil shall be delivered to a DNR - approved waste oil drop -off site. The County shall maintain a list of approved sites. (d) Yard waste shall be composted on the site of origin, or composted at a DNR - approved composting facility. (13) COLLECTION. The collection of the recyclable materials shall be the responsibility of the member municipality. 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. 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 material 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. (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). 4 a (15) PROCESSING. A member municipality is responsible for the processing of collected recyclable materials 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 OF RESIDENTIAL AND NON - RESIDENTIAL PROPERTIES AND FACILITIES. 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 material(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. Any 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. 5 1, (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) Any County law enforcement officer, the County solid waste coordinator or his /her designee may issue citations for violation of this ordinance. The County solid waste coordinator or his /her designee may issue notices of violation. (20) — EFFECTIVE DATE. This ordinance shall become effective on January 1, 1995. Dated: af—c - er , , / 95' Offered by: Waste Management Committee NEGATIVE AFFIRMATIVE .� glirrir 0' _ f ox Ae ArssA J � ? _' „ '� / i STATE OF IN davidrJordinan COUNTY OF ST. CROIX 1, Sue E. Nelsen. St. Cot( County Clerk DO 1?1^,E3Y CERTIFY that C - s foregoing is a Mc -d cured popy 6 0. ` adopted by the -f Supervisor8 at their meet::. , C — j 1-+ 2 ' - , Sue E. Nelson, SL Crcx County Cant