TOWN OF HUNTER
RECYCLING ORDINANCE NO. 2025-02
REPLACING NO. 2020-03
Amended
1.1 Title. Recycling Ordinance for the Town of Hunter, Sawyer County, Wisconsin
1.2 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 Chapter NR 544, Wis. Administrative Code.
1.3 Statutory Authority. This ordinance is adopted as authorized under s. 287.09(3)(b), Wis. Stats.
1.4 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.
1.5 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 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.
1.6 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.
1.7 Applicability. The requirements of this ordinance apply to all persons within the Town of Hunter.
1.8 Administration. The provisions of this ordinance shall be administered by the Town Board of the Town of Hunter
1.9 Effective Date. The provisions of this ordinance shall take effect on October 14, 2020.
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 property containing 5 or more residential units, including those which 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, 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, PP 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. Administrative 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:
1) Lead acid batteries shall be taken to any retailer that sells lead acid batteries
2) Major appliances shall be directed to a demolition site
3) Waste oil shall be taken to any area retail business that collects oil
4) Yard waste shall be taken to any Transfer Station that accepts yard waste.
1.15 Preparation and Collection of Recyclable Materials. Except as otherwise directed by the Town Board, 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):
1) Aluminum containers shall be rinsed clean. Sell or bring to Town recycling station
2) Bi-metal containers shall be rinsed clean, remove bottoms and labels flatten and brought to recycling station.
3) Corrugated paper or other container board shall be free of debris, flattened, stacked and brought to recycling station.
4) Glass containers shall be unbroken, rinsed clean and brought to recycling station.
5) Magazines shall be brought to recycling station.
6) Newspaper shall be brought to recycling station.
7) Office paper shall be brought to recycling station.
8) Rigid plastic containers shall be prepared and collected as follows:
a) Plastic containers made of PETE, including pop or juice bottles, shall be rinsed clean, caps removed and brought to recycling station.
b) Plastic containers made of HDPE, including jugs, detergent bottles and oil containers shall be rinsed clean, caps removed and brought to recycling station.
c) Plastic containers made of PP shall be rinsed clean, caps removed and brought to recycling station.
d) Plastic containers made of other resins or multiple resins shall be rinsed clean, caps removed and brought to recycling station.
10) Steel containers shall be rinsed clean, flattened, caps removed and brought to recycling station.
11) Waste tires shall be directed to any Transfer Station that accepts tires or returned to retailer.
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 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.
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.
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, 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) which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.
All garbage must be placed in bags or containers as stated in this ordinance. It is unlawful for any person, unless under contract with the municipality or premises owner, to collect or remove any recyclable material that has been deposited or placed at the curb, or in a container adjacent to a home or non-residential building for the purposes of collection for recycling.
1.19 Enforcement.
1) For the purpose of ascertaining compliance with the provisions of this ordinance, any authorized officer, employee or representative of the Town of Hunter 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 Town of Hunter 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 the Town of Hunter 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. 1.18 may be required to forfeit $50 for a first violation, $200 for a second violation, and not more than $2,000 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 $1,000 for each violation.
1.20 Other Related Items
1) No Dumping
It shall be unlawful for any person to dispose of or dump garbage in any street or other public place within the Town of Hunter. No person shall place any garbage for collection at the curb of property not owned or occupied by such person. No person shall place garbage in any receptacle on private property without the owner’s consent. No person shall bring to the Town of Hunter dumpster site and/or recycling station any solid waste or recyclables not generated within the Town of Hunter. No person shall bring to the Town of Hunter dumpster site and/or recycling station any solid waste or recyclables during non-hours of operation.
2) No Burning or Burying
It shall be unlawful to burn or bury recyclables either by residential or non-residential sectors, or construction sites. Open burning shall be permitted of clean wood and paper products only.
3) Non-Disposable Materials
It shall be unlawful for any person to place for disposal any of the following wastes: hazardous and toxic wastes, chemicals, explosives, flammable liquids, paint, trees and stumps, construction debris and carcasses.
All medical wastes, including needles, shall be dispose of at a proper “healthcare waste” site.
4) Establish Fees
The Town of Hunter shall establish fees for service recipients for the payments of collection services for solid waste, and such fees shall be assessed on a per bag basis. Haulers shall establish fees for service recipients for payment of collection services of solid waste and recyclables.
5) Ownership of Recyclables and Refuse
Recyclable materials and refuse, upon placement at the curb or delivered to the Town recycling station, shall become the property of the Town or hauler.
6) Collection Schedule
The Town of Hunter shall establish the time of collection of solid waste and recyclables. The Clerk shall publish written notice of the schedule at least once in the Spring and once in the Fall of each year, and at any time the collection schedule is changed.
7) Specified Containers
Solid waste shall be placed for collection in bags not to exceed 50 pounds per container or 35 gallons per bag and contained in a manner to avoid litter. Recyclables shall be placed in designated containers.
1.21 Effective Date
This ordinance is effective on publication or posting.
The town clerk shall properly publish or post this ordinance as required under §60.80, wis. Stats.
Adopted this 8th day of October, 2025
_____________________________________
Jon M. LeBlanc, Chair
______________________________________
Barbara A. Czarnecki, Supervisor
______________________________________
Kyle L. Cummings, Supervisor
Attest:
_______________________________________
Patricia R. Swaffield, Clerk