ORDINANCE NO. 640 AN ORDINANCE TO UPDATE SECTION §11.09 OF THE NEKOOSA MUNICIPAL CODE REGARDING RECYCLING REGULATIONS The Common Council of the City of Nekoosa, Wisconsin does ordain as follows: §11.09 is amended to read as follows: 1.01 Title. Recycling Ordinance for the City of Nekoosa 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 s. 287.11, Wis. Stats., and ch. NR 544, Wis. Adm. Code. 1.03 Statutory Authority. This ordinance is adopted as authorized under s. 287.09(3)(b), Wis. Stats.. 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 ch. NR 544, Wis. Adm. Code, and where the ordinance provision is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and the ch. 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 persons within the boundaries of the city. 1.08 Administration. The provisions of this ordinance shall be administered by the Common Council. 1.09 Effective Date. The provisions of this ordinance shall take effect on January 1st, 1995 and any updates made in August of 2025 by the DNR shall be in effect as of September 1st, 2025. 1.10 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) "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 resin code # 2. 6) "LDPE" means low density polyethylene, labeled by the resin 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 structure containing 5 or more residential units, including units that 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. Non-residential facilities and properties includes any location at which goods or services are provided or manufactured, including locations under construction, demolition, or remodeling, or used for special events such as fairs, festivals, sport venues, conferences, and exhibits. This term does not include multiple family dwellings. 12) "Office paper" means a variety of high-grade printing and writing papers. This term does not include industrial process waste, newspaper or packaging. 13) "Other resins or multiple resins" mean plastic resins labeled by the resin code # 7. 14) "Person" includes any individual, corporation, limited liability company, partnership, association, local government unit, as defined in s. 66.0131(1)(a), Wis. Stats., state agency or authority or federal agency. 15) "PETE" or "PET" means polyethylene terephthalate, labeled by the resin 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 s. 291.01(7) Wis. Stats., waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste, as defined in s. 289.01(17)., Wis. Stats. 18) "PP" means polypropylene, labeled by the resin code # 5. 19) "PS" means polystyrene, labeled by the resin code # 6. 20) "PVC" means polyvinyl chloride, labeled by the resin 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 s. 289.01(33), Wis. Stats. 23) "Solid waste facility" has the meaning specified in s. 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 s. 1.11 do not apply to the following: 1) Occupants of single 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 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 s. 1.11(5) through (15) for which a variance has been granted by the Department of Natural Resources under s. 287.11(2m), Wis. Stats., or s. NR 544.14, Wis. Adm. Code. 1.13 Care of Separated Recyclable Materials. To the greatest extent practicable, the recyclable materials separated in accordance with s. 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: (for example, will materials be collected curbside or brought to drop-off programs; should residents be directed to scrap metal operations or retail stores, should residents home compost or bring yard waste to a central drop-off location, etc.) 1) Lead acid batteries shall be recycled at a retail business that sells lead acid batteries and accepts used batteries for the purpose of recycling or at a solid waste facility such as Valley Sanitation or Tork Landfill. Any fee imposed for the recycling of used batteries shall be the responsibility of the generator. 2) Major appliances shall be recycled at a retail business that sells appliances and accepts used appliances for the purpose of recycling or at a solid waste facility such as Valley Sanitation or Tork Landfill that accepts appliances for the purpose of recycling or placed in the same location as specified for garbage collection for municipal pickup. Any fee imposed for the recycling of used appliances shall be the responsibility of the generator. 3) Waste oil shall be recycled at a retail business that sells oil or automotive products and accepts oil for the purpose of recycling at an oil refinery such as Rock Oil Refinery or at a solid waste facility such as Valley Sanitation or Tork Landfill or placed in a clearly marked, rigid, closed disposal container not to exceed one gallon in capacity and placed in the same location as specified for garbage collection for municipal pickup. Any fee imposed for the recycling of used oil shall be the responsibility of the generator. 4) Yard waste shall either be home composted using an effective backyard compost system or transported by the Public Works Department to the City compost site. No yard waste shall be disposed of as general waste. Yard waste must be placed in the same location as specified for garbage collection. Leaves, brush and grass clippings must be in separate piles. 5) Electronic devices shall be recycled by a registered recycler. Any fee imposed for the recycling of electronic devices shall be the responsibility of the generator. 1.15 Preparation and Collection of Recyclable Materials. Except as otherwise directed by the Common Council, 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. 1.11(5) through (15): (for example, will materials be collected together curbside or brought to drop-off programs. This information could describe how materials should be prepared for processing by the recycling facility, such as rinsing containers and replacing caps, flattening cardboard boxes, do not crush cans, do not place in plastic bags, etc. The materials could be combined rather than listed separately.) 1) Aluminum and Bi-metal containers shall be empty. 2) Corrugated paper or other container board shall be clean and must be flattened and bundled in bundles. 3) Foam polystyrene packaging shall not be recycled but placed in the garbage. 4) shall be cleaned with caps and neck rings removed. Labels can remain on glass. Glass must be color separated into clear, brown and green, and blue glass shall be placed with green glass. Glass should not be broken. 5) Magazines shall be bundled in bundles or placed in a brown paper grocery bag. 6) Newspaper shall be bundled in bundles or placed in a brown paper grocery bag. 7) Office paper shall be bundled in bundles or placed in a brown paper grocery bag 9) Rigid plastic containers shall be clearly marked with the recycling emblem. 10) Steel containers shall be empty. 11) Waste tires shall be recycled at a retail business that sells tires or automotive products and accepts tires for the purpose of recycling or at a solid waste facility such as Valley Sanitation or Tork Landfill. Any fee charged for the pickup of used tires shall be the responsibility of the generator. . 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 s. 1.11(5) through (15): a) Provide adequate, separate containers for the recycling program established in compliance with the ordinance. The number of recycling containers shall equal or be greater than the number of trash containers and at least one of the following shall be met: i. The minimum total volume of recycling container space is equal to 20 gallons per week per dwelling unit. ii. The ratio of trash container volume to recycling container volume is at most 2:1. iii. An alternative method that does not result in the overflow of a recycling container during the time period between collection of materials and delivery to a recycling facility. 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 which materials are collected, how to prepare the materials in order to meet the processing requirements, collection methods or sites, and locations of drop-off collection sites to recycle materials not collected on-site. 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. 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 s. 1.11(5) through (15): (a) Provide adequate, separate containers for the recycling program established under this section. The total volume of recycling containers shall be sufficient to avoid overflow during the time period between collection of materials and delivery to a recycling facility. (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 which materials are collected, how to prepare materials in order to meet the processing requirements, collection methods or sites, and locations of drop-off collection sites to recycle materials not collected on-site. 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. 1.11 (5) through (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 s. 1.11 (5) through (15) that have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility. 1.19 *Enforcement. 1) For the purpose of ascertaining compliance with the provisions of this ordinance, any authorized officer, employee or representative of the City may inspect recyclable materials separated for recycling, postconsumer 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 or authorized representative of the City 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 police officer 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. 1.18 may be required to forfeit $50 for a first violation, $200 for a second violation, and not more then $2000 for a third or subsequent violation. (b) Any person who violates a provision of this ordinance, except s. 1.18, may be required to forfeit not less than $10 or more than $1000 for each violation. Adopted this 14th day of October, 2025. City of Nekoosa By: /s/ Daniel Carlson Daniel Carlson, Mayor By: /s/ Kallee Ferk Kallee Ferk, City Clerk WNAXLP October 19 2025 LWIX0390228