Recycling., Chapter 7. Health and Sanitation, Municipal Code, Code of Ordinances, West Allis

(1)

Purpose. The purpose of this section is to promote recycling and resource recovery through the administration of an effective recycling program, as provided in § 287.11 of the Wisconsin Statutes, and Chapter NR 544, Wis. Administrative Code.

[Ord. 6534, 10/3/2000]

(2)

Statutory Authority. This section is adopted as authorized under § 287.09(3)(b) of the Wisconsin Statutes.

[Ord. 6534, 10/3/2000]

(3)

Abrogation and Greater Restrictions. 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.

(4)

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, Wis. Administrative Code, and where the section 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 section, or in effect on the date of the most recent text amendment to this section.

(5)

Applicability. The requirements of this section apply to all persons within the City of West Allis. All property owners shall comply or shall ensure that their tenants or occupants comply with this section at the property or properties the owner owns regardless of whether the owner occupies the premises.

[Ord. O-2016-0025, 5/3/2016]

(6)

Administration. The Director of Public Works shall administer the provisions of this section.

(7)

Rules. The Director is hereby authorized to prepare, promulgate and enforce such rules and regulations as may be required or deemed necessary for the administration and enforcement of this section. Such rules and regulations shall be subject to the approval of the Board of Public Works and shall be kept on file in the office of the City Clerk/Treasurer.

[Ord. 6534, 10/3/2000]

(8)

Definitions. As used in this Section:

(a)

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

(b)

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

(c)

"Department" means the Public Works Department.

(d)

"Director" means the Director of Public Works or his agents.

(e)

"Foam polystyrene packaging" means packaging made primarily from foam polystyrene that satisfies one of the following criteria:

Is designed for serving food or beverages.

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 packaged article in a shipping container.

(f)

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

(g)

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

(h)

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

(i)

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

(j)

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

(k)

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

(l)

"Non-residential facilities and properties" means commercial, retail, industrial, institutional and governmental facilities and properties, churches, public and parochial education institutions, charitable organizations and, for purposes of this section, includes all mixed-used facilities (properties or buildings housing business and residential units). This term does not include multiple-family dwellings.

(m)

"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.

(n)

"Other resins or multiple resins" means plastic resins labeled by the SPI code #7.

(o)

"Person" means any person, firm, partnership, association, corporation, company or organization acting as a group or unit, as well as an individual.

(p)

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

(q)

"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.

(r)

"Post-consumer waste" means solid waste other than solid waste generated in the production of goods, hazardous waste, as defined in § 291.01(7) of the Wisconsin Statutes, waste from construction and demolition of structures, scrap automobiles or high-volume industrial waste, as defined in § 289.01(17) of the Wisconsin Statutes.

[Ord. 6534, 10/3/2000]

(s)

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

(t)

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

(u)

"PVC" means polyvinyl chloride, labeled by the SPI code #3.

(v)

"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.

(w)

"Residential properties" means any property containing four (4) or fewer dwelling units and the household activities associated therewith. It also includes properties developed as condominiums.

(x)

"Solid waste" has the meaning specified in § 289.01(33) of the Wisconsin Statutes.

[Ord. 6543, 10/3/2000]

(y)

"Solid waste facility" has the meaning specified in § 289.01(35) of the Wisconsin Statutes.

[Ord. 6543, 10/3/2000]

(z)

"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.

(aa)

"SPI" means Society of the Plastic Industry.

(bb)

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

(cc)

"Yard waste" means leaves, grass clippings, yard and garden debris and brush, including clean woody vegetative material no greater than six (6) inches in diameter; however, it does not include stumps, roots or shrubs with intact root balls.

(9)

Separation of Recyclable Materials. Property owners shall ensure that all tenants and occupants of properties the owner owns comply with this section. Tenants and occupants of residential properties, multiple-family dwellings, and nonresidential facilities and properties shall separate the following materials from post-consumer waste:

[Ord. 6543, 10/3/2000; Ord. O-2016-0025, 5/3/2016]

(a)

Lead acid batteries.

(b)

Major appliances.

(c)

Waste oil.

(d)

Yard waste.

(e)

Aluminum containers.

(f)

Bi-metal containers.

(g)

Corrugated paper or other container board.

(h)

Glass containers.

(i)

Magazines.

(j)

Newspaper.

(k)

Rigid plastic containers made of PETE (#1) and HDPE (#2).

(l)

Steel containers.

(m)

Waste tires.

In addition to the separation of the above listed recyclables, nonresidential properties shall also separate office paper from the waste stream.

(10)

Preparation, Storage, and Collection of Recyclable Materials. Once separated in accordance with Paragraph (9) above, recyclable materials, to the greatest extent possible, shall be clean and kept free of contaminants such as food, oil or grease and other nonrecyclable wastes. The Department shall collect recyclable materials from residential properties which are prepared and stored as provided in this subsection. Recyclables which are prepared for collection, as described herein, should be screened from public view. Recyclables placed at the curb or alley edge for collection may not be set out before 6:00 p.m. on the day prior to the scheduled day of recyclable collection.

[Ord. 6151 (repeal & recreate), 2/21/1995; Ord. 6534, 10/3/2000; Ord. O-2009-0014, 4/21/2009]

(a)

Aluminum containers, bi-metal containers, glass containers, rigid plastic containers (SPI code #1-2) and steel containers shall be prepared and stored in a container as approved by the Director and placed at the curb or alley edge on the day of collection.

(b)

Corrugated paper or other container board shall be flattened, reduced to a size no greater than two feet by two feet (2' x 2'), securely bundled and placed at the curb or alley edge on the day of collection.

(c)

Magazines and newspaper shall be securely bundled or contained in a typical Kraft (grocery) paper bag and placed at the curb or alley edge on the day of collection.

(d)

Lead acid batteries will not be removed by the Department. Persons shall dispose of such batteries by returning them to a retail distributor or recycling facility.

(e)

Major appliances will not be removed by the Department. Persons shall contact a private hauler appropriately licensed by the state for the transfer and disposal of said appliances.

(f)

Waste oil must be disposed of at an approved waste oil recovery site.

(g)

Yard waste shall be managed in accordance with the provisions of Section 7.05 of this Chapter.

(h)

Antifreeze shall be disposed of at a drop-off site designed by the Director.

(i)

Waste tires may be returned to the retailer or at a drop-off site designated by the Director.

(j)

The Director shall promulgate rules governing special collection and/or drop-off services and establish fees based upon the actual costs providing such services.

(11)

Responsibilities of Owners or Designated Agents of Multiple-Family Dwellings. Owners or designated agents of multiple-family dwellings shall do all of the following to recycle materials specified in Paragraphs (9)(e) through (l):

(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.

(12)

Responsibilities of Owners or Designated Agents of Nonresidential Facilities and Properties. Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in Paragraphs (9)(e) through (m), including office paper.

(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)

(13)

Prohibitions on disposal of recyclable material separated for recycling.

[Ord. 6143, 12/6/1994]

(a)

No person may dispose of, in a solid waste disposal facility or burn in a solid waste treatment facility, any of the material specified in Paragraphs (9)(e) through (m), which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.

(b)

This prohibition may be waived by the Director for specific recyclables, if the Wisconsin Department of Natural Resources has granted a variance in accordance with § 287.11(2m) of the Wisconsin Statutes, or NR 544.14, Wisconsin Administrative Code.

[Ord. 6543, 10/3/2000]

(14)

Scavenging.

[Ord. 6143, 12/6/1994]

(a)

It shall be unlawful for any person, other than authorized employees of the Department, to pick through, sort, scavenge or remove recyclable materials from a private residential property, when such recyclables are sorted and stored for collection as prescribed in this section.

(b)

It shall be unlawful for any person other than those approved by the owner or manager to pick through, sort, scavenge or remove recyclable materials from multiple-family dwellings and/or private nonresidential facilities or properties.

(15)

Enforcement.

[Ord. 6143 (repeal, recreate & renumber), 12/6/1994]

(a)

For the purpose of ascertaining compliance with the provisions of this section, any authorized officer, employee or representative of the Department 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 nonresidential facilities and properties and any records relating to recycling activities, which shall be kept confidential, when necessary, to protect proprietary information. No person any refuse access to any authorized officer, employee or authorized representative of the Department, who requests access for purposes of inspection and who presents appropriate credentials. No person may obstruct, hamper or interfere with such an inspection.

(b)

Any person who violates any provision of this section is subject to a forfeiture, as set forth in Subsection (c). The issuance of a citation or summons and complaint 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 or summons and complaint under this section.

(c)

Penalties for violation of this ordinance may be assessed as follows:

Any person who violates paragraph (13) shall be subject to a forfeiture of fifty dollars ($50) for the first violation, two hundred dollars ($200) for a second violation, and not more than two thousand dollars ($2,000) for a third or subsequent violation.

Any person who violates a provision of this section, except paragraph (13), shall be subject to a forfeiture of not less than ten dollars ($10) nor more than one thousand dollars ($1,000) for each violation.

Each and every day that a violation continues constitutes a separate offense.

In addition to the forfeiture, the costs of prosecution shall be imposed; and, in default of payment of said forfeiture and costs, punishment shall be suspension of the defendant's operating privilege, pursuant to secs. 343.30 and 345.47 of the Wisconsin Statutes, or by imprisonment in the Milwaukee County House of Correction or Milwaukee County Jail until payment of the forfeiture and costs, but not in excess of the number of days set forth in sec. 800.095(4) of the Wisconsin Statutes.