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TOWN OF BRADLEY'S GENERAL CODE

CHAPTER 6:  RECYCLING ORDINANCE

6.01 Title. Recycling Ordinance for Town of Bradley.

6.02 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 s.159.11, Wis. Stats., and Chapter NR 544, Wis. Administrative Code.

6.03 Statutory Authority. This ordinance is adopted as authorized under s.159.09(3)(b), Wis. Stats.

6.04 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.

6.05 Interpretation. In this 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.

6.06 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.

6.07 Applicability. The requirements of this ordinance apply to all persons within the Town of Bradley.

6.08 Administration. The provisions of this ordinance shall be administered by the Town Board or it's designate.

6.09 Effective Date. The provisions of this ordinance shall take effect on the later of date of publication or January 1, 1995.

6.10 Definitions. For the purpose of this ordinance:

(1) "Bi-metal container" means a container for carbonated or malt beverages that is made 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) "HDPE" means high density polyethylene plastic containers marked by the SPI code No. 2.

(4) "LDPE" means low density polyethylene plastic containers marked by the SPI code No. 4.

(5) "Magazines" means magazines and other materials printed on similar paper.

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

(7) "Mixed or other plastic resin types" means plastic containers marked by the SPI code No. 7.

(8) "Multiple-family dwelling" means a property containing 5 or more residential units, including those which are occupied seasonally.

(9) "Newspaper" means a newspaper or other material printed on newsprint.

(10) "Non-residential facilities and properties" means commercial, retail, industrial, institutional and governmental facilities and properties.  This term does not include multiple family dwellings.

(11) "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.  This term does not include industrial process waste.

(12) "Person" includes any individual, corporation, partnership, association, local governmental unit, as defined in s.66.299(1)(A), Wis. Stats., state agency or authority or federal agency.

(13) "PETE" means polyethylene terephthalate plastic containers marked by SPI code No. 1.

(14) "Postconsumer waste" means solid waste other than solid waste generated in the production of goods, hazardous waste, as defined in s.144.61(5), Wis. Stats., waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste, as defined in s.144.(7)(a)1., Wis Stats.

(15) "PP" means polypropylene plastic containers marked by the SPI code No. 5.

(16) "PS" means polystyrene plastic containers marked by the SPI code No. 6.

(17) "PVC" means polyvinyl chloride plastic containers marked by the SPI code No. 3.

(18) "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, newspapers, office paper, plastic containers, including those made of PETE, HDPE, PVC, LDPE, PP, PS, and mixed or other plastic resin types, steel containers, waste tires, and bi-metal containers.

(19) "Solid waste" has the meaning specified in s.144.01(15), Wis. Stats.

(20) "Solid waste facility" has the meaning specified in s.144.43(5), Wis. Stats.

(21) "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.

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

(23) "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.

6.11 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 or other materials printed on similar paper

(11) Newspapers or other materials printed on newsprint.

(12) Office paper

(13) Plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and mixed or other plastic resin types.

(14) Steel containers

(15) Waste tires

6.12 Separation Requirements Exempted. The separation requirements of s.6.11 do not apply to the following:

(1) Occupants of singe 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 s.1.11 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 30% of the heat input to the facility is derived from the solid waste burned as supplemental fuel.

(3) A recyclable material specified in s.1.11 for which an variance or exemption has been granted by the Department of Natural Resources under ss.159.07(7)(d) or 159.11.(2m) Wis. Stats. or s.NR544.14, Wis. Administrative Code.

6.13 Care of Separated Recyclable Materials. To the greatest extent practicable, the recyclable materials separated in accordance with s.6.11 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.

6.14 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 delivered to a Town of Bradley Recycling Site, or as determined by the Town Board, to an alternate designated site for disposal.  A small fee may be charged for each battery.  Alternatively, a battery may be returned to a retail store dealing in batteries pursuant to the provisions of s.159.18 Wis. Stats.

(2) Major appliances shall be delivered to a Town of Bradley Recycling Site, or as determined by the Town Board, to an alternate designated site for disposal. 

(3) Waste oil from a automotive engine shall be delivered to a Town of Bradley Recycling Site, or an engine waste oil collection facility pursuant to s.159.15 Wis. Stats.  Waste oil shall be placed in a sealed container and shall not be mixed with any other substances.  No commercial or industrial oil shall be accepted at a Town of Bradley Recycling Site.

(4) Yard waste shall be managed on site by each person, unless the Town maintains a composting site.  Instructions on home composting and other preparation may be obtained from the Town Clerk.

(5) Fees may be charged by the Town of Bradley  or it's approved contractor for the items set forth in s.6.14, as determined by the Town Board and/or any applicable contract between the Town of Bradley and a contractor providing services for hauling, collecting and/or processing any such items.

6.15 Preparation and Collection of Recyclable Materials. Except as otherwise directed by the Town Board or designate, 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 s.6.11(5) through (15); , and shall be delivered to a Town of Bradley Recycling Site, or as determined by the Town Board, to an alternate designated site, during the days and hours of operation, and shall be placed in designated receptacles.

(1) Aluminum containers shall be delivered to a Town of Bradley  Recycling Site and deposited in

     a designated receptacle.

(2) Bi-metal containers shall first be emptied of all material, including liquid; have the ends, the

      lid, and all paper and labels removed, and be cleaned and flattened. 

(3) Corrugated paper or other container board shall be flattened,  with smaller boxes broken down

     and placed inside the largest box, and kept dry.  Wax-coated or plastic lined corrugated  paper

     or container board, may not be recycled.

(4) Foam polystyrene packaging shall be separated from other material, and other packaging.

(5) Glass containers shall have all caps, rings, and foil  removed, and shall be cleaned.  Labels may

      be left on.  Only food and beverage containers may be recycled (no window glass, mirrors, or

      light bulbs).  Glass shall be separated by color as follows: clear, green, brown, and blue.

(6) Magazines or other materials printed on similar paper shall be stacked about 12 inches high

     and tied in 2 directions with twine, or stacked in grocery bags (no wire or plastic), and

     must be kept dry. 

(7) Newspapers or other materials printed on newsprint shall be stacked about 12 inches high and

     tied in 2 directions with  twine, or stacked in grocery bags (no wire or plastic), and must be

     kept dry.  Glossy inserts shall be included with magazines in paragraph 6 above.

(8) Office paper, (including junk mail, but excluding glossy inserts) shall be stacked 12 inches high

     and tied in 2 directions with twine, or stacked in grocery bags (no wire or plastic), and must be

     kept dry.  Do not include plastic from windowed envelopes, carbons, plastic, foil, candy

     wrappers, tissue paper, or waxed paper.

(9) Plastic containers shall be prepared and collected as  follows:

                                          (a) All plastic containers (SPI Code No. 1 through 7,

                                               except motor oil and anti-freeze containers which are

                                               not recyclable), shall have caps and rings removed, and

                                               be cleaned,  flattened, and labels may be left on,  and

                                                            (1) Plastic containers made of PETE (SPI Code No. 1),

                                                     shall be separated and placed in a designated  receptacle.

                                                            (2) Plastic containers made of HDPE (SPI Code No. 2),

                                                     shall be separated and placed in a designated  receptacle.

                                                            (3) Plastic containers made of PVC (SPI Code No. 3),

                                                     shall be separated and placed in a designated  receptacle.

                                                            (4) Plastic containers made of LDPE (SPI Code No. 4)

                                                     shall be separated and placed in a designated receptacle.

                                                            (5) Plastic containers made of PP (SPI Code No. 5),

                                                     shall be separated and placed in a designated receptacle.

                                                            (6) Plastic containers made of PS (SPI Code No. 6),

                                                     shall be separated and placed in a designated receptacle.

                                                            (7) Plastic containers made of mixed or other plastic

                                                     resin types, shall be separated and placed in a designated

                                                     receptacle.                                           

(10) Steel containers shall first be emptied of all material, including liquid; have the lid and all paper and

      labels removed, and be cleaned and flattened.

(11) Waste tires shall be delivered to a Town of Bradley Recycling Site, or as determined by the Town

       Board, to an alternate designated site for disposal.  A small fee may be charged for each tire.

6.16 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 for recycling the materials specified in s.6.11(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 s.1.11(5) through (15) from solid waste in as pure a form as is technically feasible.

6.17 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 the following for recycling the materials specified in s.6.11(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 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 of 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 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 s.6.11(5) through (15) from solid waste in as pure a form as is technically feasible.

6.18  Prohibitions on Disposal of Recyclable Materials.  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 s.6.11 (5) through (15) which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.

6.19  Hauler Specifications.  No person shall engage in the business of hauling recyclables within the Town of Bradley without being licensed by the DNR under section NR 502.06 Wis. Adm. Code, and

                                    (a) Persons who collect waste or recyclables in the Town of Bradley for storage,

                             treatment, processing, marketing or disposal shall obtain and maintain a permit

                             from the Town of Bradley and pay the prescribed permit fee in s. 4.13(b)

                             herein, as well as obtain and maintain all other necessary state permits,

                             licenses, and approvals prior to collecting any materials in the Town of

                             Bradley.

                         (b) Permitted persons under s. 6.19 (a), operating in the Town of Bradley shall

                              maintain records and file semi-annual reports with the Town Clerk, on forms

                              prepared by the Town.  Such reports may include, but are not limited to the

                              following information, to-wit:  the amount of solid waste and recyclables

                              collected and transported, by item type, from the Town of Bradley; the

                              amount of solid waste and recyclables processed and/or marketed, by item

                              type, from the Town of Bradley; and the final disposal location of solid waste 

                             and recyclable material.  Failure to report shall be cause for the Town to

                             revoke any permit, and/or sever any contract with such person.

6.20 Exemptions.  The Town Board reserves the right to designate additional solid waste materials as recyclables or currently collected materials as no longer recyclable, in accordance with state law, and to either add or delete them from any collection services provided by the Town of Bradley or its contractors.  The Town shall provide written notice to its service recipients of this declaration.

6.21  Rights to Reject Materials.  The Town of Bradley and/or its contractor has the right to reject any recyclable material that is not prepared according to the specifications in this Ordinance, or in education material provided by the Town or contractor to the service recipients.  Material may also be rejected if not separated from solid waste, or placed in the proper designated receptacle.  The Town Board or its designate shall notify the generator of the materials about the reasons for rejecting the items.  The Town, or it's contractor shall also keep a list of such occurrences, and the contractor shall provide any such list to the Town Clerk when requested.

6.22 Garbage from Outside of Town.  It shall be unlawful for any person to bring refuse and/or recyclables for disposal, from outside the corporate limits into the Town of Bradley unless authorized by agreement with the Town Board. 

6.23 Nondisposable Materials.  It shall be unlawful for any person to place for disposal any of the following wastes:

Hazardous and toxic waste, chemicals, explosives, flammable liquids, paint, trees and stumps, construction debris, carcasses, and medical waste (unless personal needles which shall be contained in cardboard to eliminate injury to collection personnel).

6.24 Enforcement.  (1) Any authorized officer, employee or representative of the Town Board may inspect recyclable materials separated for recycling, postconsumer waste intended for disposal, collection sites and facilities, collection vehicles, collection areas of multiple-family dwellings and non-residential facilities and properties, solid waste disposal facilities and solid waste treatment facilities, and any records relating to recycling activities, for the purpose of ascertaining compliance with the provisions of this ordinance.  No person may refuse access to any authorized officer, employee or authorized representative of the Town Board 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 ordinance may be issued a citation by a designate of the Town Board 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 paragraph.

(3) Penalties for violating this ordinance may be assessed as follows:

                                    (a) Any person who violates s.6.18 may be required to forfeit $50.00 for a first violation, $200.00 for a second violation, and not more than $2000.00 for a third or subsequent violation.

                                    (b) Any person who violates a provision of this ordinance, except s.6.18, may be required to forfeit not less than $10.00 nor more than $1000.00 for each violation.