 |
| |
|
| |
Town of Verona |
| |
335 N. Nine Mound Road
Verona, WI 53593-1035 |
| |
|
| |
Phone:
608-845-7187
Fax:
608-845-7143
|
| |
Office Hours |
| |
8:00 a.m. - 2:00 p.m. M-F |
| |
|
| |
FRIDAY 4-22 the Town Office will be
CLOSED |
| |
|
| |
|
|
|
|
|
| |
Ordinances
|
| |
Ordinance #94-1
Solid Waste Recycling
The Town Board of the Town of
Verona, Dane County, Wisconsin,
hereby ordains as follows:
SECTION 1. TITLE. This
ordinance shall be known as the
"Recycling Ordinance of the Town of
Verona, Wisconsin".
SECTION 2. PURPOSE. The Town
Board finds participation in a
mandatory source separation
recycling program appropriate in
this jurisdiction to conserve
available, local landfill capacity.
The Town further finds it
appropriate to participate in both
county-wide and state-wide recycling
programs to conserve energy, recycle
valuable resources, and to protect
public health, welfare and the
environment. The municipality also
finds participation in these
programs appropriate to achieve
consistency with county-wide
recycling policies to ensure that
the Town will be able to use the
county-owned landfill and the county
material recycling facility.
SECTION 3. STATUTORY AUTHORITY.
This ordinance is adopted as
authorized under s. 159.09(3)(b)
Wis. Stats.
SECTION 4. DEFINITIONS. The
following words are defined in this
ordinance as follows:
(a) "Collector/Hauler" means the
contractor or entity chosen by the
Town Board to handle, transport and
dispose of the community's solid
waste, recyclables and
non-recyclables, or;, person or
persons contracting with waste
generators for these services, and
will enforce preparation standards
for recyclable materials as well as
ensure community compliance with
this source separation recycling
program.
(b) "Corrugated cardboard" means
heavy duty Kraft paper packaging
material with a corrugated medium
between two flat paperliners, and
does not include paperboard such as
for cereal or laundry detergent
boxes or holders for 6 packs or 12
packs of beverage cans or bottles.
(c) "Foam polystyrene packaging"
means foam from polystyrene that is:
designed for serving food
consists of loose particles intended
to cushion packaged articles
consists of rigid material to hold
and cushion packaged articles
(d) "Garbage" means discarded
materials resulting from the
handling, processing, storage and
consumption of food.
(e) "Glass" means glass bottles,
jars and containers and does not
include window glass, drinking
glasses, pyrex, chemical bottles,
lightbulbs or other non-container
glass.
(f) "Good faith" means reasonable
efforts to adhere to the policies,
standards and rules of this
mandatory source separation
recycling program.
(g) "Hazardous waste" or "Hazardous
substance" means those wastes or
substances defined thusly in NR 181
of the Wisconsin Administrative Code
(including all amendments provided
thereto) as provided therein
pursuant to action 144.62, Wis
Stats., or other acts pursuant to
authority vested in the Wisconsin
Department of Natural Resources to
describe and list materials thusly
and also includes in the meaning of
"hazardous waste" or "hazardous
substance" as described supra those
solid wastes or substances found in
household waste (notwithstanding the
household waste exclusion provided
in s. NR 181.12(4)(a), Wisconsin
Administrative Code.)
(h) "Lead-acid batteries" means
automotive and related batteries
that are comprised of lead plates
with an acid electrolyte, and does
not include nickel- cadmium
batteries, dry cell (flashlight)
batteries or batteries used in
calculators, watches, hearing aids
or similar devices.
(i) "Magazines" means glossy print
materials including catalogs;
(j) "Major appliance" means a
residential or commercial air
conditioner, clothes dryer, clothes
washer, dishwasher, freezer,
microwave oven, oven, refrigerator,
furnace, boiler, dehumidifier,
stove, water heater or any other
item commonly referred to as a white
good.
(k) "Metal cans" means tin coated
steel cans, bi-metal cans, and
aluminum cans used for food and
other non-hazardous materials but
excluding aerosol cans and cans that
held paint, paint related products,
pesticides or other toxic or
hazardous substances.
(l) "Multifamily dwelling" means a
residential dwelling place intended
to be the residence of five or more
independent family units.
(m) "Municipality" means a city,
village or town located wholly or
partly within the boundaries of Dane
County.
(n) "Newspapers" means matter
printed on newsprint including daily
or weekly publications and
advertising materials but excludes
glossy paper, magazines, catalogs or
similar materials.
(o) "Non-recyclable material" means
all items of waste not recyclable
except hazardous waste or hazardous
substances.
(p) "Other paper" shall mean all
paper excluding newsprint materials
or materials specifically excepted
in the definition of "newspapers",
"corrugated cardboard" and
"magazines" but shall include cereal
boxes, junk mail, office paper and
other grades of fiber materials with
available markets for recycling.
(q) "Oversize and bulky waste" means
large items such as furniture,
mattresses, carpeting, construction
or demolition materials of
substantial dimensions, brush and
other large items whose proportions
are not easily reduced.
(r) "Person" includes any
individual, corporation,
organization, association, local
governmental unit, as defined in
section 66.299(1), Wis. Stats.,
state agency or authority or federal
agency.
(s) "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. PETE #1, HDPE #2, PVC #3, LDPE
#4, PP #5, PSS #6, and mixed or
other resin types #7.
(t) "Preparation standards" shall
mean criteria provided establishing
acceptable good faith limits for
introduction of materials into the
source separation recycling program
involving either transport to a
material recycling enter or
temporary storage of such materials.
(u) "Recyclable material" means
identified materials meeting
preparation standards and shall
include the following: newspapers;
corrugated cardboard; other paper;
unbroken brown, green and clear
container glass; aluminum, bi-metal
and tin-coated steel cans; plastic
containers (PETE#1, HDPE #2, PVC #3,
LDPE #4, PP #5, PS #6 foam
polystyrene packaging, mixed or
other resin types #7,); tires
regardless of size; used oil;
lead-acid batteries; and large
appliances (microwave ovens may be
disposed of in a landfill after the
capacitor has been removed).
"Recyclable material" also means
other materials determined to have
economical markets available.
(v) "Refuse" means combustible and
non-combustible materials including,
but not limited to: paper products,
wood, metal, glass, cloth and
products thereof in unrecoverable
condition; litter and street rubbish
not including yard waste;
uncontaminated ashes; and, building
materials such as wood, concrete,
glass, plaster and other intermixed
materials produced in construction
or demolition of structures.
"Refuse" for purposes of this
ordinance shall not include
"oversize or bulky waste."
(w) "Solid Waste" means garbage,
refuse and all other discarded or
salvageable solid materials,
including solid waste materials
resulting from industrial,
commercial and agricultural
operations, and from community
activities, but does not include
solids or dissolved material in
waste water effluent or other common
water pollutants.
(x) "Solid waste storage" shall mean
safe, environmentally sound
short-term containment of materials
and for recyclables shall involve
preserving materials in a condition
meeting preparation standards.
(y) "Tires" for shall mean rubber
tires, from automobile and light
truck tires and other tires which
are removed from rims.
(z) "Waste oil" means any
contaminated petroleum-derived or
synthetic oil including but not
limited to the following; engine and
other mechanical lubricants;
hydraulic and transmission fluid;
metalworking fluid; and, insulating
fluid or coolant.
(zz) "Yard waste" means leaves,
grass clippings, yard and garden
debris, including clean woody
vegetative material no greater than
six (6) inches in diameter and
holiday trees but does not include
tree stumps, extensive root system
or shrubs with intact root balls.
SECTION 5. APPLICABILITY.
This ordinance shall apply to all
persons, entities and appropriate
waste generating activities, within
the corporate limits of the Town of
Verona.
SECTION 6. CONFLICT AND
SEVERABILITY. 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 or pertinent Dane
County Ordinances in their
interpretation and application.
Because this ordinance creates a
comprehensive, mandatory source
separation recycling program in our
community, where any terms or
requirements of this ordinance may
be inconsistent or conflicting, the
more restrictive requirements or
interpretations consistent with
state and county law shall control.
If any section, provision or portion
of is ordinance is found
unconstitutional or invalid by a
court, the remainder of the
ordinance shall remain enforceable
and shall not be affected by that
ruling.
SECTION 7. 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: Lead acid
batteries, Major appliances, Waste
oil, Yard waste, Aluminum
containers, Bi-metal containers,
Corrugated paper or other container
board, Glass containers, Magazines,
Newspaper, Other paper, Plastics
(PETE#l, HDPE #2, PVC #3, LOPE #4,
PP #5, PS #6 foam polystyrene
packaging, mixed or other resin
types #7), Steel containers, Waste
tires.
SECTION 8. PREPARATION STANDARDS.
(a) Non-recyclable Material. All
garbage, refuse and other
non-recyclable materials shall-be
collected, removed and disposed of
pursuant to the municipality's
agreement with the designated
collector/hauler or person's private
agreements with collectors/haulers.
All garbage placed curbside for
collection shall be well drained,
wrapped and deposited in watertight
containers or watertight bags. No
container or bag placed for
collection shall exceed 32 gallons
in capacity or 40 pounds in weight.
All refuse and other non-recyclable
materials placed curbside for
collection shall be placed in
suitable containers of not more than
32 gallons in opacity or 40 pounds
in weight
Any bag or container placed curbside
for collection as refuse or
non-recyclable material which
contains any recyclable material may
be refused by he collector/hauler
unless the generator shows good
faith for recycling.
The municipality shall not provide
services or make any special
arrangements for collection of
oversize and bulky waste. These
items should be taken directly to
the Dane County Landfill.
(b) Recyclable Materials. Recyclable
materials as specified in s. 159.07
1m to (4) which are included in the
Town of Verona contract with
collector/hauler shall be clean,
shall be placed at the curb for
collection, shall be separated from
other solid waste prior to
collection, shall be kept separated
during the collection process and
shall be kept in marketable
condition.
Recyclable materials shall meet
preparation standards and persons
shall make good faith efforts to
ensure recyclables and recycling
containers are well-drained and
reasonably clean. Residential
containers for recyclable materials
shall be the blue container provided
by collector/hauler and may also
include any watertight container or
clear bag that does not exceed 32
gallons in capacity or 40 pounds in
weight when full.
"Newspaper" shall be dry, free of
paper not normally included in the
newspaper and not sunburnt.
Newspaper shall be securely tied in
neat bundles less than 12 inches
thick or placed in brown paper
grocery bags;
"Corrugated cardboard" shall be
empty and free of food debris and
other contaminating material.
Corrugated cardboard shall be
flattened and securely tied in
bundles;
"Glass containers" shall be empty,
clean and placed in the recycling
bin. Metal or plastic caps and rings
should be removed. Other glass such
as window glass, drinking glasses,
ceramics, chemical bottles, and
similar material are not recyclable;
"Aluminum containers" - shall be
rinsed and flattened and placed in
the recycling bin. Aluminum caps and
foil are not recyclable;
"Bi-Metal/Steel containers" - shall
be clean, empty and flattened with
ends removed when possible and
labels removed and placed in the
recycling bin;
"Plastic containers" shall not be
tied together, and shall be empty,
clean, flattened. Plastic caps are
not recyclable;
"Other paper" shall be clean and dry
and placed in a clear plastic bag;
"Magazines" shall be bundled and
tied;
Furthermore, additional preparation
standards may be provided by notice
to generators of waste and
collectors/haulers by amendment to
this subsection when other materials
become recyclable dependent upon
available economic markets.
(c) Other Recyclable Items. The
following recyclable items are not
included for pickup in the Town of
Verona contract with
collector/hauler:
"Major appliances" - residents
should make arrangements directly
with collector/hauler or another
contractor at a cost-per-item basis.
Disposal of microwave ovens with
capacitor removed is allowed at this
time.
"Lead-acid batteries" - retail
businesses that sell vehicle
batteries will take lead-acid
batteries to be recycled.
"Waste oil" - residents should take
waste oil to a waste oil collection
site. Waste oil shall be from motor
vehicles, be free of contaminants
and in tightly sealed, non-leaking
containers.
"Waste tires" - residents should
make arrangements directly with
collector/hauler or another
contractor at a cost-per-item basis.
Tire retailers may take waste tires
to be recycled.
SECTION 9. REQUIREMENTS FOR
OWNERS OR DESIGNATED AGENTS OF
RESIDENTIAL RENTAL DWELLINGS
owners or designated agents of all
residential rental units including
single family, 2 to 4 unit and
multi-family dwellings (5 or more
units) shall:
(a) provide adequate containers for
handling and collection of
recyclable materials enabling
tenants to separate recyclables and
ensuring that recyclables meet
preparation standards.
(b) 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,
and collection methods.
(c) notify tenants at the time of
renting or leasing the dwelling and
semiannually thereafter about the
established recycling program -
1. The Town of Verona curbside
pickup program provided by current
collector/hauler contract.
or
2. Owners of multi-family dwellings
(5 or more units) may choose not to
use Town contract and shall instead
provide for the collection of and
delivery to material recycling
facility, all recyclable materials
separated from solid waste generated
by their tenants.
Occupants should be provided with
sufficient containers to achieve
good faith separation of recyclables
based upon size of the multi-family
dwelling. Containers shall be
maintained in a clean, safe and
water tight condition. 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 site locations and hours
of operation and a contact person or
company, including a name address
and telephone number.
Owners or agents of all residential
rental dwellings shall exercise good
faith to assure that residents and
occupants comply with recycling
requirements of this ordinance.
SECTION 10. REQUIREMENTS FOR
OWNERS OR DESIGNATED AGENTS OF
NON-RESIDENTIAL FACILITIES AND
PROPERTIES. Owners or designated
agents of non-residential facilities
and properties shall:
(a) provide adequate containers for
separate handling and collection of
recyclable materials.
(b) notify users, tenants and
occupants of the properties in
writing at the time of leasing the
dwelling and semi-annually
thereafter, of the established
recycling program.
(c) provide for collection of
materials separated from solid waste
by the users, tenants and occupants
and the delivery of those materials
to a recycling facility.
(d) notify users, tenants and
occupants of reasons to reduce and
recycle, whch 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.
SECTION 11. 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
recyclable materials as specified in
s. 59.07 (3) and (4) which have been
separated for recycling except waste
tires may be burned with energy
recovery in a solid waste treatment
facility.
SECTION 12. ANTI-SCAVENGING
PROVISION. Persons shall not
pilfer recyclables or disturb
recyclables once those materials are
placed for collection. All
recyclable materials placed for
collection pursuant to this
ordinance shall hereupon become the
property of the municipality, or,
the municipality's authorized agent,
or, a private collector/hauler whom
persons in the municipality have
contract to perform functions
pursuant to the recycling plan
provided in this ordinance. Only
persons authorized by the
municipality or the generator of
waste shall collect or handle
recyclable materials once those
materials have been placed
appropriately for collection. Any
and each collection by unauthorized
persons in violation of this
provision shall constitute a
separate and distinct offense
punishable as provided hereinafter.
SECTION 13. ENFORCEMENT. For
the purpose of ascertaining
compliance with the provisions of
this ordinance any authorized
officer employee, representative, or
designated agent of the Town of
Verona may inspect recyclable
materials separated or 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. No
person may refuse access to any
authorized officer, employee,
authorized representative, or
designated agent of the Town of
Verona who requests access for
purposes in inspection, and who
presents appropriate credentials. No
person may obstruct, hamper or
interfere with such an inspection.
Any person who violates a provision
of this ordinance may be issued a
citation by any authorized officer,
or designated agent of the Town of
Verona 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.
Penalties for violating this
ordinance may be assessed as
follows:
(a) any person who violates SECTION
11 may be required to forfeit $100
for first violation, $200 for a
second violation, and not more than
$2000 for a third or subsequent
violation.
(b) any person who violates a
provision of this ordinance, except
SECTION 11 may be required to
forfeit not less than $10 nor more
than $500 for each violation.
SECTION 14. PROMULGATION OF
REGULATIONS. The Town of Verona
shall prepare regulations, standards
and schedules as necessary to make
effective all provisions of this
ordinance. Periodically, upon a
schedule adopted by the municipality
the clerk shall prepare notices and
distribute other information to
persons and entities generating
waste within the town for the
purpose of informing the public
about the requirements dictated by
this mandatory source separation
recycling ordinance.
SECTION 15. CONSISTENCY. All
ordinances of the Town or parts of
those ordinances construed to be
inconsistent with this ordinance for
the purpose of achieving an
effective recycling program in the
municipality shall be hereby
repealed as to such inconsistency
only for the limited purpose of
making effective all provisions in
this ordinance.
SECTION 16. REPEAL OF PRIOR
ORDINANCE. Ordinance 90-1
adopted by the Town Board on
December 15, 1990 is hereby repealed
and replaced by this "Recycling
Ordinance of the Town of Verona,
Wisconsin" 94-1
SECTION 17. EFFECTIVE DATE.
This ordinance shall be in full
force and effect on the 1st day of
January, 1995.
|
| |
|
|
|
