§ 13.12.040. Mandatory separation of certain materials.

A.

Title. This section may be cited as the recycling ordinance for the city of Juneau, a municipal corporation in Dodge County, Wisconsin.

B.

Purpose. The purpose of this section is to promote recycling, composting and resource recovery through the administration of an effective recycling program, as provided in Section 159.11, Wisconsin Statutes, and Chapter NR 544, Wisconsin Administrative Code.

C.

Statutory Authority. This section is adopted as authorized under Section 159.09(3)(b), Wisconsin Statutes.

D.

Abrogation and Greater Restrictions. Except as specifically stated in this section it is not intended by this section 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 section imposes greater restrictions, the provisions of this section shall apply.

E.

Interpretation. In their interpretation and application, the provisions of this section 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 section may be inconsistent or conflicting, the more restrictive requirements or interpretation shall apply. Where a provision of this section is required by Wisconsin Statutes, or by a standard in Chapter NR 544, Wisconsin Administrative Code, and where the section 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 section or in effect on the date of the most recent text amendment to this section.

F.

Applicability. The requirements of this section apply to all persons within the city of Juneau, Dodge County, Wisconsin.

G.

Administration. The provisions of this section shall be administered by city of Juneau Director of Public Works.

H.

Definitions. For the purposes of this section:

"Bi-metal container" means a container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.

"Container board" means corrugated paperboard used in the manufacture of shipping containers and related products.

"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.

"Hazardous waste" means any solid waste identified by the Department of Natural Resources as hazardous under Section 144.62(2), Wisconsin Statutes.

"HDPE" means high density polyethylene, labeled by the SPI code #2.

"LDPE" means low density polyethylene, labeled by the SPI code #4.

"Magazine" means magazines and other materials printed on similar paper.

"Major appliance" means a residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator or stove.

"Multiple-family dwelling" means a property containing five or more residential units, including those which are occupied seasonally.

"Newspaper" means a newspaper and other materials printed on newsprint.

"Nonresidential facilities and property" means commercial, retail, industrial, institutional and governmental facilities and properties. This term does not include multiple-family dwellings.

"Office paper" means 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" means plastic resins labeled by the SPI code #7.

"Person" includes any individual, corporation, partnership, association, local governmental unit, state agency or authority or federal agency, as defined in Section 66.299(1)(a), Wisconsin Statutes.

"PETE" means polyethylene terephthalate, labeled by the SPI code #1.

"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.

"Postconsumer waste" means solid waste other than solid waste generated in the production of goods, hazardous waste, waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste, as defined in Section 144.44(7)(a)l., Wisconsin Statutes.

"PP" means polypropylene, labeled by the SPI code #5.

"PS" means polystyrene, labeled by the SPI code #6.

"PVC" means polyvinyl chloride, labeled by the SPI code #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 bi-metal containers.

"Solid waste" has the meaning specified in Section 144.01(15), Wisconsin Statutes.

"Solid waste facility" has the meaning specified in Section 144.43(5), Wisconsin Statutes.

"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.

"Waste tire" means a tire that is no longer suitable for its original purpose because of wear, damage or defect.

"Yard waste" means 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.

I.

Separation of Recyclable Materials. Occupants of single-family and two to four unit residences, multiple-family dwellings and nonresidential facilities and properties (as defined at NR 544) 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;

13.

Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins;

14.

Steel containers;

15.

Waste tires.

J.

Separation Requirements Exempted. The separation requirements of subsection I of this section do not apply to the following:

1.

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 subsection I of this section from solid waste in as pure a form as is technically feasible;

2.

Solid waste which is burned as a supplemental fuel at a facility if less than thirty (30) percent of the heat input to the facility is derived from the solid waste burned as supplemental fuel;

3.

A recyclable material specified in subsections I5—15 of this section for which a variance has been granted by the Department of Natural Resources under Section 159.11(2m), Wisconsin Statutes, or § NR 544.14, Wisconsin Administrative Code.

K.

Care of Separated Recyclable Materials. To the greatest extent practicable, the recyclable materials separated in accordance with subsection I of this section 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.

L.

Rules. The cleaning, storage and separation of recyclable material shall be governed by rules approved by a resolution of the common council. A violation of the storage, cleaning and separation rules shall constitute a violation of the section for enforcement and penalty provision.

M.

Responsibilities of Owners or Designated Agents of Multiple-Family Dwellings.

1.

Owners or designated agents of multiple-family dwelling shall do all of the following to recycle the materials specified in subsections I5—15 of this section:

a.

Provide adequate, separate containers for the recyclable materials;

b.

Notify tenants in writing at the time of renting or leasing or selling 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 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 subsection M1 of this section 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 subsections I5—15 of this section from solid waste in as pure a form as is technically feasible.

N.

Responsibilities of Owners or Designated Agents of Nonresidential 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 subsections I5—15 of this section.

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 subsection N1 of this section 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 subsections I5—15 of this section from solid waste in as pure a form as is technically feasible.

O.

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 subsections I5—15 of this section which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.

P.

Antiscavenging or Unlawful Removal of Recyclables. It is unlawful for any person, unless under contract with or licensed by the city of Juneau, to collect or remove any recyclable material that has been deposited or placed at the curb or in a container adjacent to a home or nonresidential building for the purposes of collection for recycling.

Q.

No Dumping. It is unlawful for any person to dispose of or dump garbage in any street, alley or other public place within the city of Juneau or in any receptacles or private property without the owner's consent unless it is placed in bags or containers in the manner and at the times specified by this section.

R.

Garbage from Outside of Municipality. It is unlawful to bring refuse for disposal (and recyclables) from outside the corporate limits into the city of Juneau unless authorized by agreement with the municipality.

S.

The city of Juneau Director of Public Works and his or her agents and all city police officers are authorized to take any action necessary to enforce this section. The city of Juneau may from time to time, by resolution, authorize additional persons to enforce this section.

T.

Enforcement.

1.

For the purpose of ascertaining compliance with the provisions of this section, any authorized officer, employee or representative of the city of Juneau may inspect recyclable materials separated for recycling, postconsumer waste intended for disposal, recycling collection sites and facilities, collection vehicles, collection areas or 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 Juneau 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 section may be issued a citation by Juneau City Police 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 section.

3.

Penalties for violating this section may be assessed as follows:

a.

Any person who violates this chapter may be required to forfeit fifty dollars ($50.00) for a first violation, two hundred dollars ($200.00) for a second violation, and not more than two thousand dollars ($2,000.00) for a third or subsequent violation.

b.

Any person who violates a provision of this section, may be required to forfeit not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00) for each violation.

(Ord. 113-2005 (part); prior code § 6-2-4)