AN ORDINANCE AMENDING ORDINANCE NO. BZ 9-2015
Amendment affecting Sections 1.11, 1.14 & 1.20
Section 1.11 of Ordinance No. BZ 9-2015. Dated 9-3-2015, is amended to read:
Note: materials listed in s. 1.11 (8) foam polystyrene packaging, and part of the materials listed in s. 1.11 (13) including PVC, LDPE, PP, PS, and other resins or multiple resins, are currently under variance from the department and do not have to be separated from the trash in accordance with s. 1.12(3), of the ordinance.
Section 1.14 of Ordinance No. BZ 9-2015. Dated 9-3-2015, is amended to read:
1.14 Management of Lead Acid Batteries, Major Appliances, Electronics, Waste Oil &
Used Oil Filters 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, electronics, waste oil & used oil filters and yard waste as follows:
(1)Lead acid batteries shall be taken to a retailer that sells these types of batteries.
(2)Major appliances and electronics shall be dropped off at the Town of Brazeau Recycling Center by paying the appropriate fee to the Recycling attendant at the time of drop off.
(3)Waste oil shall be dropped off at the Town of Brazeau Recycling Center by depositing in appropriate container and registering upon the log. Used oil filters shall be placed in appropriate receptacle at the Town of Brazeau Recycling Center.
(4)Yard waste consisting of yard clippings , tree branches and brush shall be dropped off at the Town of Brazeau Leaf & Brush site located at corner of Parkway Road and CountyG on the appropriated dates approved by the Town of Brazeau board annually.
Section 1.20 of Ordinance No. BZ 9-2015. Dated 9-3-2015, is amended to read:
1.20 Enforcement:
1)For the purpose of ascertaining, compliance with the provision of this ordinance.
Authorized officer, employee or representative of the Town of Brazeau Board may inspect recyclable materials separated for recycling, postconsumer waste intended for disposal, recycling collection sites and facilities, collection vehicles, collection areas for 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 Town of Brazeau Board who request 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
Town of Brazeau board. 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) General penalties for violating this ordinance may be assessed as follows:
First Violation: $100.00
Second Violation: $200.00
Subsequent Violations within the same calendar year: $200.00
Adopted on 20th day of October, 2015
Town Chairman, Ryan Wendt
Attest: Town Clerk-Treasurer, Jean Grosse
ORIGINAL ORDINANCE
RESPONSIBLE UNIT RECYCLING ORDINANCE
TOWN OF BRAZEAU, OCONTO COUNTY
ORDINANCE NO: BZ 9-2015
1.01 Title: Recycling Ordinance for Town of Brazeau, Oconto County
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 §. 287.11, Wis. Stats., and Chapter NR 544, Wis. Administrative
Code.
1.03 Statutory Authority: This ordinance is adopted as authorized under
§ 287.09(3)(b), Wis. Stats., and § 60.10, Wis. Stats. Town Village Powers.
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 person with the
Town of Brazeau.
1.08 Administration: The provisions of this ordinance shall be administered by the
Town of Brazeau.
1.09 Effective Date: The provisions of this ordinance shall take effect on
January 1, 2016
1.10 Definitions: For the purpose of this ordinance.
(1)“Bi-metal container” means a container for carbonated or malt beverages that is
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. 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” means plastic resins labeled by the SPI code #7.
(14)“Person” includes any individual, corporation, partnership, association, local government unit, as defined in § 66.0131(1)(a), Wis. Stats., state agency or authority or federal agency.
(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 § 291.01(7) Wis. Stats., waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste, as defined in § 289.02(10)., 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 § 289.01(33), Wis. Stats.
(23)“Solid waste facility” has the meaning specified in § 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
(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 § 1.11 do
not apply to the following:
(1)Occupants of single family and 2 to 4 unite 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 § 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 § 1.1(5) through (15) for which a variance has
Been granted by the Department of Natural Resources under § 287.11(2m), Wis. Stats., or § 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 § 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 taken to a retailer that sells these types of batteries.
(2)Major appliances shall be dropped off at the Town of Brazeau Recycling Center by paying the appropriate fee to the Recycling Attendant at the time of drop off.
(3)Waste oil shall be dropped off at the Town of Brazeau Recycling Center by depositing in the appropriate container and registering upon the log.
(4)Yard waste shall be taken to the Town of Brazeau Leaf & Brush site on the appropriated dates approved by the Town of Brazeau board annually.
1.15 Preparation and Collection of Recyclable Materials: Except as otherwise directed by the Town of Brazeau Board, 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 §1.11(5) through (15):
(1)Aluminum, steel and bimetal cans shall be: clean, rinse, and flatten if possible space savings
(2)Glass containers shall be: clean, rinse and remove rings and caps
(3)Corrugated paper or other container board shall be: flatten
(4)Magazines, newspaper, & office paper shall be loose
(5)Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS shall be : clean, rinse, caps and rings removed, and flatten if possible space savings
(6)Aluminum materials, steel, galvanized and other scrap metals may be dropped off at the Town of Brazeau Recycling Center
(7)Waste tires shall be dropped off at the Town of Brazeau Recycling Center by paying the appropriate fee to the Recycling Attendant at the time of drop off.
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 § 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 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 § 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 § 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 operations, 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 § 1.11 (5) though (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 § 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 Prohibition of Dumping: It shall be unlawful for any person to dispose of or
dump garbage in any street, road, lane, ditch, or other public place within the
Town of Brazeau. It shall be unlawful for any person to dispose of or dump
Garbage or recyclable on private property unless the property is a licensed landfill.
1.20 Enforcement:
1)For the purpose of ascertaining compliance with the provision of this ordinance,
Authorized officer, employee or representative of the Town of Brazeau Board may
Inspect recyclable materials separated for recycling, postconsumer waste intended for disposal, recycling collection sits and facilities. No person may refuse access to any authorized officer, employee or authorized representative to the Town of Brazeau who requests access for purposes of inspection, and who presents appropriate credentials. No person may obstruct, hamper, or interfere with such an inspection.
Adopted on 3rd day of September, 2015
Town Chairman, Ryan Wendt
Attest, Town Clerk-Treasurer, Jean Grosse