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Chapter 3.8, Page 22 3.8 MANDATORY RECYCLING ORDINANCE FOR RESIDENTIAL AND NON-RESIDENTIAL FACILITIES IN THE DOUGLAS COUNTY RESPONSIBLE UNIT THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS: SECTION I. PURPOSE The purpose of this ordinance is to stress source reduction, recycling and composting in a cost effective and efficient manner as the highest priorities in the development of an effective program as provided in s 159.11 Wis. Stat., and Chapter NR 544, Wis. Administrative Code. SECTION II. STATUTORY AUTHORITY This ordinance is adopted as authorized under s. 159.09(3)(b), Wis. Stats., and Douglas County Resolution #140-90. SECTION III. ABROGATION AND GREATER RESTRICTIONS It is not intended by this ordinance to repeal, abrogate, annul, impair or interfere with any existing rules, regulation, ordinances or permits previously adopted or issued pursuant to law. However, whenever this ordinance imposes greater restrictions, the provisions of this ordinance shall apply. SECTION IV. INTERPRETATION In their interpretation and application, the provisions of this ordinance shall be held to be 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. SECTION V. SEVERABILITY If a section, subsection, sentence, clause or phrase of this ordinance is for any ---PAGE BREAK--- Chapter 3.8, Page 23 reason held to be invalid or unconstitutional by reason of any decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause or phrase or portion thereof. SECTION VI. APPLICABILITY The requirements of this ordinance apply to all persons within the jurisdiction of the Douglas County responsible unit which is comprised of all persons in Douglas County except for those in the City of Superior, Village of Solon Springs, and the Town of Solon Springs. SECTION VII. ADMINISTRATION The provisions of this ordinance shall be administered by the Douglas County Board of Supervisors and the Solid Waste/Recycling Department. SECTION VIII. EFFECTIVE DATE The provisions of this ordinance shall take effect on January 1, 1995. SECTION IX. DEFINITIONS For the purposes of this ordinance: A. “Bi-metal container” means a container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum. B. “Composting” means the controlled biological decomposition of organic solid waste materials in a manner resulting in a soil amendment and/or fertilizer. C. “Commingled” means the combining of different recyclable materials in a common container for collection. D. “Container board” means corrugated paperboard used in the manufacture of shipping containers and related products. E. “Drop-off site” means a place with designated receptacles for recyclable materials. F. “Foam packaging” means packaging made primarily from foam that satisfies one of the following criteria: Is designed for serving food or beverages. ---PAGE BREAK--- Chapter 3.8, Page 24 Consists of loose particles intended to fill space and cushion the packaged article in a shipping container. Consists of rigid materials shaped to hold and cushion the package article in a shipping container. G. “HDPE” means high density polyethylene, labeled by the Society of Plastic Industry (SPI) code #2 H. “LDPE” means low density polyethylene, labeled by the SPI code I. “Magazines” mean magazines and other materials printed on similar paper. J. “Major Appliance” means a residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator, stove, hot water heaters, trash compactors, garbage disposal, furnaces, humidifiers, and de-humidifiers. K. “Multi-family dwelling” means a property containing 5 or more residential units, including those which are occupied seasonally. L. “Municipal waste” means waste generated primarily by residential and commercial activities. Municipal waste does not include industrial or agricultural wastes. M. “Newspaper” means a newspaper and other materials printed on newspaper. N. “Non-residential facilities and properties” mean commercial, retail, industrial, institutional and governmental facilities and properties. This term does not include multiple-family dwellings. O. “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. P. “Open burning” means combustion in which the byproducts thereof are emitted directly into the ambient air without passing through a properly sized stack or chimney with sufficient pollution control devices to control emissions to meet state of Wisconsin and nuisance standards, and is not capable of being licensed or permitted by the Wisconsin Department of Natural Resources as a solid waste incinerator. Q. “Other resins or multiple resins” means plastic resins labeled by the SPI code ---PAGE BREAK--- Chapter 3.8, Page 25 R. “Person” includes any individual, corporation, partnership, association, local governmental unit, as defined in s. 66.299(1)(a), Wis. Stats., state agency or authority of federal agency. S. “PETE” means polyethylene terephthalate, labeled by the SPI code T. “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 retail sale. U. “Post-consumer 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. 144.44(7)(a)1., Wis. Stats. V. means polypropylene, labeled by the SPI code W. “PS” means labeled by the SPI code X. “PVC” means polyvinyl chloride, labeled by the SPI code Y. “Recyclable materials” means lead acid batteries; major appliances; waste oil; yard waste; aluminum containers; corrugated paper or other container board; foam 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 and any other material later deemed recyclable by the County. Z. “Recyclable processing” means recyclables that are baled, shredded, pulverized, composted, separated, or otherwise treated or altered by some means to facilitate further transfer, processing, utilization, or disposal. AA. “Solid Waste" means garbage, debris from construction and demolition activities, refuse, sludge from a water supply treatment plant or air contaminant treatment facility, nonhazardous medical waste, or other discarded waste materials and sludge, in solid, semi-solid, liquid or contained gaseous form, resulting from residential, industrial, commercial, mining, or agricultural operation, or from community activities, but does not include hazardous waste; animal waste used as fertilizer; earthen fill, boulders, or rocks. BB. “Solid waste management facility@ means a sanitary landfill, demolition debris landfill, incinerator, recycling center, composting facility, intermediate facility or other operation designed to store, process, or dispose of solid waste. CC. “Source reduction” means the elimination or reduction in waste in the production or purchase of goods. ---PAGE BREAK--- Chapter 3.8, Page 26 DD. “Waste tire” means a tire that is no longer suitable for its original purpose because of wear, damage or defect. EE. “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. SECTION X. SEPARATION AND PROCESSING OF RECYCLABLES A. Occupants of single family and 2 to 4 unit residences, multiple-family dwellings and non-residential facilities and properties in the Douglas County Responsible Unit shall separate the following materials from post-consumer waste: Lead-acid batteries Major appliances Waste oil Yard Waste Aluminum containers Bi-metal containers Corrugated paper or other container board Foam packaging Glass containers (10) Magazines (11) Newspapers (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 B. Separation requirements exempted. The separation requirements of do not apply to the following: Occupants of single family and 2 to 4 unit residences, multiple-family dwellings and non-residential facilities and properties who send their postconsumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in from solid waste in as pure a form as is technically feasible. A recyclable material specified in for which a variance has been granted to the County Responsible Unit by the Department of Natural Resources under s. 159.11(2m), Wis. Stats., or s. NR 544.14, Wis. Administrative Code. ---PAGE BREAK--- Chapter 3.8, Page 27 C. Care of Separated Materials. To the greatest extent practicable, the recyclable materials separated in accordance with 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. D. Management of lead-acid batteries, major appliances, waste oil and yard waste. Occupants of single family and 2 to 4 residences, multiple-family dwellings and non-residential facilities and properties shall manage lead acid batteries major appliances, waste oil, and yard waste as follows: Lead acid batteries shall be taken to an area retail business that sells vehicle batteries or to a County designated collection area for such batteries. Major appliance shall be taken to a private appliance recycler, the Annual Douglas County Appliance/Tire Clean-Up Days, a Douglas County on-going appliance collection site or contract with a private hauler to pick-up the appliance. Waste oil shall be brought to a designated public and/or private waste oil collection sites. Yard waste shall. 00 be managed on-site, brought to a municipal compost facility, or Douglas County sponsored brush chipping sites. E. Preparation and Collection of Recyclable Materials. Except as otherwise directed by the Douglas County Board of Supervisors and the Solid Waste/Recycling Department, occupants of single family and 2 to 4 unit residences shall do the following for the proper preparation and collection of the separated materials specified in Aluminum containers shall be rinsed clean and flattened. The containers should be taken to a designated drop-off site only during regular operational days and hours. Where curbside service is utilized, the materials shall be placed in the provided recycling bin and put streetside on the day designated for collection. Bi-metal containers shall be rinsed clean, labels removed, top and bottom removed (if possible) and flattened. The containers should be taken to a designated drop-off site only during regular operational days and hours. Where curbside service is utilized, the materials shall be placed in the provided recycling bin and put streetside on the day designated for collection. Corrugated paper or other container board shall be cleaned of all food contaminants, flattened and if necessary cut into 3'x3' ---PAGE BREAK--- Chapter 3.8, Page 28 sections and taken to a designated drop-off site only during regular operational hours. Foam packaging markets are non-existent or economically prohibitive to utilize. Preparation guidelines will be determined after January 1, 1995, if and when viable, sustainable markets are developed. Glass containers shall be non-broken, rinsed cleaned and have caps removed. The containers should be taken to a designated drop-off site only during regular operational days and hours and glass containers shall be separated by color at site. Where curbside service is utilized, the materials shall be placed in the provided recycling bin and put streetside on the day designated for collection. Window glass, ceramics, china, drinking glasses, light bulbs or glass cookware shall not be included. Magazines shall be bundled with string or twine. The bound magazines should be taken to a designate drop-off site only during regular operational days and hours. Where curbside service is utilized, the materials shall be placed in the provided recycling bin and put streetside on the day designated for collection. Newspaper should be placed in paper sacks and then taken to a designated drop-off site only during regular operational days and hours. Where curbside service is utilized, newspapers shall be placed in paper sacks then put in the provided recycling bin or next to the bin on the day designated for collection. Office paper shall be separated and collected by non-residential facilities and properties and transported (by owners or contract) to an established recycling processing center. Rigid plastic containers shall be prepared and collected as follows: Narrow necked PETE plastic containers shall be rinsed with tops and pumps removed and flattened. The containers should be taken to a designated drop-off site only during regular operation days and hours. Where curbside service is utilized, the materials shall be placed in the provided recycling bin and put streetside on the day designated for collection. Other PETE containers (wide-mouth and misc.) markets are non-existent or economically prohibitive to utilize. Preparation guidelines will be determined after January 1, 1995, if and when viable, sustainable markets are developed. ---PAGE BREAK--- Chapter 3.8, Page 29 Blow molded HDPE plastic containers, shall be rinsed with tops and pumps removed and flattened. The containers should be taken to a designated drop-off site only during regular operation days and hours. Where curbside service is utilized, the materials shall be placed in the provided recycling bin and put streetside on the day designated for collection. Injection molded HDPE plastic containers markets are non-existent or economically prohibitive to utilize. Preparation guidelines will be determined after January 1, 1995, if and when viable, sustainable markets are developed. PVC plastic container markets are non-existent or economically prohibitive to utilize. Preparation guidelines will be determined after January 1, 1995, if and when viable, sustainable markets are developed. LDPE plastic container markets are non-existent or economically prohibitive to utilize. Preparation guidelines will be determined after January 1, 1995, if and when viable, sustainable markets are developed. PP plastic container markets are non-existent or economically prohibitive to utilize. Preparation guidelines will be determined after January 1, 1995, if and when viable, sustainable markets are developed. PS plastic container markets are non-existent or economically prohibitive to utilize. Preparation guidelines will be determined after January 1, 1995, if and when viable, sustainable markets are developed. Other resin and multiple resin markets are non-existent or economically prohibitive to utilize. Preparation guidelines will be determined after January 1, 1995, if and when viable, sustainable markets are developed. (10) Steel containers shall be rinsed clean, labels removed, top and bottom removed (if possible) and flattened. The containers shall be taken to a designated drop-off site only during regular operation days and hours. Where curbside service is utilized, the materials shall be placed in the provided recycling bin and put streetside on the day designated for collection. (11) Waste tires shall be brought to an area business retailer who sells tires, a Douglas County on-going tire collection site, or brought to the Annual Douglas County Appliance/Tire Clean-Up Days. ---PAGE BREAK--- Chapter 3.8, Page 30 F. OWNERS or designated agents of multiple-family dwellings in the Douglas County Responsible Unit shall do all of the following unless postconsumer waste generated in those properties is treated at a processing facility that recovers for recycling the materials specified in from that solid waste in as pure a form as is technically feasible: Provide adequate, separate containers for the recycling program established in compliance with this ordinance. Notify tenants in writing at the time of renting or leasing the dwelling and at least semi-annually thereafter about the program in this section. Provide for the collection of recyclable materials separated from the solid waste by the tenants and delivery of the recyclable materials to a recycling facility. Notify tenants of reasons to reduce and recycle post-consumer waste, which materials are collected, how to properly prepare recyclable materials in order to meet the processing requirements, collection methods or sires, locations and hours of operation, and a contact person or company, including a name, address and phone number. G. OWNERS or designated agents of non-residential facilities and properties in the Douglas County Responsible Unit shall do all of the following unless post consumer waste generated in those facilities and properties is treated at a processing facility that recovers for recycling the materials specified in from that solid waste in as pure a form as is technically feasible: Provide adequate, separate containers for the recycling program established in compliance with this ordinance. Notify in writing at least semi-annually, all users, tenants and occupants of the properties about the program in this section. Provide for the collection of recyclable materials separated from the solid waste by the tenants and delivery of the recyclable materials to a recycling facility. Notify tenants of reasons to reduce and recycle post-consumer waste, which materials are collected, how to properly prepare recyclable materials in order to meet the processing requirements, collection methods or sires, locations and hours of operation, and a contact person or company, including a name, address and phone number. ---PAGE BREAK--- Chapter 3.8, Page 31 SECTION XI. PROPER DISPOSAL OF GARBAGE AND RECYCLABLES A. Anti-scavenging or unlawful removal of recyclables. It shall be unlawful for any person, unless under contract with or licensed by the municipality, to collect or remove any recyclable material that has been deposited or placed streetside or in a container adjacent to a home or non-residential building for the purposes of collection for recycling. B. No dumping. It shall be unlawful for any person to dispose of or dump solid waste in any street, alley or other public place within the Douglas County Responsible Unit, except in publicly provided receptacles. It shall also be unlawful for any person to dispose of or dump solid waste on private property without the owner's consent. C. No burning or burying. It shall be unlawful to burn or bury solid waste and recyclables by residential and non-residential sectors and at construction sites. Open burning is prohibited except for clean, non-treated wood and paper products, or as permitted by the Wisconsin Department of Natural Resources. D. Prohibition 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 which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility. SECTION XII. ENFORCEMENT Enforcement of this ordinance shall be through the Solid Waste/Recycling Department and Douglas County Sheriff’s Office for violations occurring within the Douglas County Responsible Unit. SECTION XIII. PENALTIES For each of the following described violations of this ordinance, the following penalties together with the costs of prosecution and the actual and reasonable cost of cleanup and damages may be assessed under 59.07(135)(h), Wis. Stats. Each day that a violation of this ordinance continues shall constitute a separate violation. ---PAGE BREAK--- Chapter 3.8, Page 32 A. Any person who violates s. 159.07(1m) Wis. Stats. on disposal of batteries, major appliances and waste oil: $50 for the first violation, up to $200 for the 2nd violation, and not more than $2,000 for a 3rd or subsequent violations. B. Any person who violates s. 159.07(2) or 159.08, Wis. Stats. on disposal of yard waste and use of yard waste bags: $50 for the first violation, up to $200 for 2nd violation, and not more than $2,000 for a 3rd or subsequent violations. C. Any person who violates s. 159.07(3) and Wis. Stats. on disposal of specified materials: $50 for the first violation, up to $200 for 2nd violation, and not more than $2,000 for a 3rd or subsequent violations. Any person who violates this provision prior to January 1, 1997 is not subject to a penalty. D. Failure or refusal to properly separate recyclable materials from other solid waste: $10.00 to $1,000. E. Failure or refusal of a solid waste collector or recycling hauler to comply with all terms and conditions of this ordinance: $50 to $2,000. F. All other violations including violation of Chapter 159 Wis. Stats., not specified above: $10 to $1,000. SECTION XIV. CITATIONS Citations may be issued by the Solid Waste/Recycling Coordinator or his/her designee assigned in writing to collect forfeitures for violations of this ordinance. 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. The Douglas County Ordinance 1.1 - General Provision for Enforcement of Ordinances adopted under Wis. Stats. 66.119 shall be used as a means of enforcing against violations of this ordinance. SECTION XV. INSPECTIONS For the purposes of ascertaining compliance with this ordinance any duly authorized agent of the Douglas County Responsible Unit may inspect recyclable materials separated for recycling, post-consumer waste intended for disposal, recycling collection sites and facilities, collection vehicles, collection areas of 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. In the event of an unreasonable failure or refusal to so comply, the Corporation Counsel and the Douglas County SW/Recycling Department are authorized to request of the D.N.R. that is exercise its inspection authority under s. 159.93 Wis. Stats. ---PAGE BREAK--- Chapter 3.8, Page 33 SECTION XVI. All ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION XVII. EFFECTIVE DATE This ordinance shall take effect and be in force after its passage and publication as required by law. Dated this 17th day of November, 1994. Amendments: April 20, 2017 September 21, 2017 ---PAGE BREAK--- Chapter 3.8, Page 34 DEPOSIT SCHEDULE FOR MANDATORY RECYCLING ORDINANCE #3.8 Section 66.119 of the Wisconsin Statutes requires that there be a deposit schedule to establish a uniform deposit for violations of specific ordinance provisions. These uniform deposit amounts must include a 20% law enforcement training penalty under Section 165.87 and a jail assessment imposed by Section 302.46(l) which is to be 1% of the original forfeiture but in no event less than $10.00. The law enforcement training penalty and jail assessment are in addition to the below described deposit. Note: All reasonable and appropriate cleanup costs and damages will be assessed in addition to the forfeitures. 1st 2nd Violation Violation 1. Improper disposal of battery, major appliance, or waste oil. 50 100 2. Improper disposal of yard waste, or improper use of yard waste bags. 50 100 3. Improper disposal of 1995 banned items (not enforced until January 1, 1997). 50 100 4. Failure or refusal to properly separate recyclable materials from other solid waste. 25 75 5. Failure of Solid Waste Collector to comply with all terms of this ordinance. 250 750 6. Unlawful removal of recyclables. 50 100 7. Illegal dumping of solid waste or recyclables. 75 150 8. Violating the burning and burying prohibitions. 75 150 9. Improperly disposing of materials separated for recycling 250 500 *3rd or subsequent violations of this ordinance: minimum forfeiture of $200