At the November 13, 2025 meeting the Town of Burlington town board amended the recycling ordinance. The amended ordinance will become effective on November 21, 2025. The changes are in yellow below: 

Chapter 8.20

RECYCLING

Sections:

8.20.010        Short title.

8.20.020        Purpose.

8.20.030        Statutory authority.

8.20.040        Abrogation and greater restrictions.

8.20.050        Interpretation.

8.20.060        Applicability.

8.20.070        Administration.

8.20.080        Definitions.

8.20.090        Separation of recyclable materials.

8.20.100        Separation requirements exempted.

8.20.110        Care of separated recyclable materials.

8.20.120        Management of lead acid batteries, major appliances, waste oil and yard waste.

8.20.130        Preparation and collection of recyclable materials.

8.20.140        Responsibilities of owners or designated agents of multiple-family dwellings.

8.20.150        Responsibilities of owners or designated agents of non-residential facilities and properties.

8.20.160        Prohibitions on scavenging.

8.20.170        Prohibitions on use of nontransparent containers.

8.20.180        Prohibitions on disposal of recyclable materials.

8.20.190        Enforcement.

8.20.010        Short title.

    This chapter shall be known as the “recycling ordinance for the town of Burlington.” (Ord. dated 4/28/94: prior code § 11.08(1))

8.20.020        Purpose.

    The purpose of this chapter is to promote recycling, composting, and resource recovery through the administration of an effective recycling program, as provided in Section 287.11, Wis. Stats., and Chapter NR 544, Wis. Administrative Code. (Ord. dated 9/2011: prior code § 159.09(3)(b))

8.20.030        Statutory authority.

    This chapter is adopted as authorized under Section 287.09(3)(b), Wis. Stats., and the town. (Ord. dated 9/2011: prior code § 159.09(3)(b))

8.20.040        Abrogation and greater restrictions.

    It is not intended by this chapter 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 chapter imposes greater restrictions, the provisions of this chapter shall apply. (Ord. dated 4/28/94: prior code § 11/08(4))

8.20.050        Interpretation.

    In their interpretation and application, the provisions of this chapter 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 chapter may be inconsistent or conflicting, the more restrictive requirements or interpretation shall apply. Where a provision of this chapter is required by Wisconsin Statutes, or by a standard in Chapter NR.544, Wis. Administrative Code, and where the chapter 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 the ordinance codified in this chapter, or in effect on the date of the most recent text amendment to this chapter. (Ord. dated 4/28/94: prior code § 11.08(5))

8.20.060        Applicability.

    The requirements of this chapter apply to all persons within the town. (Ord. dated 4/28/94: prior code § 11.08(7))

8.20.070        Administration.

    The provisions of this chapter shall be administered by the town board. (Ord. dated 4/28/94: prior code § 11.08(8))

8.20.080        Definitions.

    For the purposes of this chapter:

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:
   1. Is designed for serving food or beverages.
   2. Consists of loose particles intended to fill space and cushion the packaged article in a shipping container.
   3. 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 property” 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 governmental unit, as defined in Section 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. “Post-consumer waste” means solid waste other than solid waste generated in the production of goods, hazardous waste, as defined in Section 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 container; magazines; newspapers; office paper; plastic containers, including those made of PETE, HDPE, PVC, LDPE, PP, PS, and mixed or other plastic resin types; steel containers; waste tires; and bi-metal containers.
22. “Solid waste” has the meaning specified in Section 289.01(33) Wis. Stats.
23. “Solid waste facility” has the meaning specified in Section 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 six inches in diameter. This term does not include stumps, roots, or shrubs in intact root balls. (Ord. dated 9/2011: prior code § 144.44(7)(a); 144.01(15); 144.43(5))

8.20.090        Separation of recyclable materials.

    Occupants of single-family and two-to-four-unit residences, multiple-family dwellings and non-residential facilities and properties shall separate the following materials from post-consumer 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 or other materials printed on similar paper;
11. Newspapers or other materials printed on newsprint;
12. Office paper;
13. Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and mixed or other plastic resin types;
14. Steel containers;
15. Waste tires. (Ord. dated 4/28/94: prior code § 11.08(11))

8.20.100        Separation requirements exempted.

    The separation requirements of Section 8.20.090 do not apply to the following:

8. Occupants of single-family and two-to-four-unit residences, multiple-family dwellings and non-residential facilities and properties that send their post-consumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in Section 8.20.090 from solid waste in as pure a form as is technically feasible;
9. Solid waste which is burned as a supplemental fuel at a facility if less than thirty (30) percent of the heat input of the facility is derived from the solid waste burned as supplemental fuel;
10. A recyclable material specified in Section 8.20.090 for which a variance or exemption has been granted by the Department of Natural Resources under Section 287.11(2m) Wis. Stats., or Section NR 544.14, Wis. Administrative Code. (Ord. dated 9/2011: prior code § 159.11(2m))

8.20.110        Care of separated recyclable materials.

    To the greatest extent practicable, the recyclable materials separated in accordance with Section 8.20.090 shall be clean and kept free of contaminants such as food or product residue, oil or grease, or other nonrecyclable 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. (Ord. dated 4/28/94: prior code §11.08(13))

8.20.120        Management of lead acid batteries, major appliances, waste oil and yard waste.

    Occupants of single-family and two-to-four-unit residences, multiple-family dwellings arid non-residential facilities and properties shall mange lead acid batteries, major appliances, waste oil, and yard waste as follows:

1. Lead acid batteries will be accepted only at times and places designated, from time to time, by the town;
2. Major appliances shall be accepted only at times and places designated, from time to time, by the town;
3. Waste oil shall be accepted only at times and places designated, from time to time, by the town;
4. Yard waste shall be accepted by the town at the collection site during its designated operating hours. (Editorially amended during 2001 codification; Ord. dated 4/28/94: prior code § 11.08(14))

8.20.130        Preparation and collection of recyclable materials.

    Except as otherwise directed by the town, occupants of single-family and two-to-four-unit residences shall do the following for the preparation and collection of the separated materials specified in Section 8.20.090(E) through (O).

1. Aluminum containers shall be clean; completely empty and as flat as possible.
2. Bi-metal containers shall be clean; completely empty and as flat as possible.
3. Corrugated paper or other container board shall be as flat as possible.
4. Foam polystyrene packaging shall be clean. Check with attendant on items currently acceptable.
5. Glass containers shall be clean and completely empty.
6. Magazines or other materials printed on similar paper shall be in paper bags or loose in recycling container.
7. Newspapers or other materials printed on newsprint shall be in paper bags or loose in recycling container.
8. Office paper shall be in paper bags or loose in recycling container.
9. Rigid plastic containers shall be prepared and collected as follows:
   1. Plastic containers made of PETE, including milk jugs and other such containers shall be cleaned and flattened.
   2. Plastic containers made of HDPE, shall be cleaned and flattened.
   3. Plastic containers made of PVC, LDPE, PP and PS or made of other resins or multiple resins will not be accepted by the town unless mandated by the state.
10. Steel containers shall be clean.
11. Waste Tires will be accepted at times and places designated, from time to time by the town; with required fee at transfer site when attendant is on duty. (Ord. dated 4/28/94: prior code § 11.08(15))

8.20.140        Responsibilities of owners or designated agents of multiple-family dwellings.

A. Owners or designated agents of multiple-family dwellings shall do all of the following for recycling the materials specified in Section 8.20.090(E) through (O):

1. Provide adequate, separate containers for the recyclable materials.   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:

a. The minimum total volume of recycling container space is equal to 20 gallons per week per dwelling unit.

b. The ratio of trash container volume to recycling container volume is at most 2:1.

c. 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.

2. Notify tenants in writing at the time of renting or leasing the dwelling and at least semiannually thereafter about the established recycling program;

3. 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;

4.  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.

B. The requirements specified in subsection A of this section do not apply to the owners or designated agents of multiple-family dwellings if the post-consumer 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 Section 8.20.090(E) through (O) from solid waste in as pure a form as is technically feasible. (Ord. dated 4/28/94: prior code § 11.08(16))

8.20.150        Responsibilities of owners or designated agents of non-residential facilities and properties.

A. Owners or designated agents of non-residential facilities and properties shall do all of the following for recycling the materials specified in Section 8.20.090(E) through (O):

1. Provide adequate, separate containers for the recyclable materials.  The total volume of recycling containers shall be sufficient to avoid overflow of a recycling container during the time period between collection of materials and delivery to a recycling facility;

2. Notify in writing, at least semi-annually, all users, tenants and occupants of the properties about the established recycling program;

3. 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;

4. 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.

B. The requirements specified in subsection A of this section do not apply to the owners or designated agents of non-residential facilities and properties if the post-consumer 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 Section 8.20.090(E) through (O) from solid waste in as pure a form as is technically feasible. (Ord. dated 4/28/94: prior code § 11.08(17))

8.20.160        Prohibitions on scavenging.

    It is unlawful for any person, firm or corporation to take, remove, scavenge or glean any recyclable materials that have been delivered to the town for storage, disposal, or recycling or to remove, without the express written authority of the town board, any recyclable materials from any recycling collection center or place situated within the town including materials that have been placed at roadside for pick up and disposal in front of any residence, business, or facility within the town.  This prohibition shall not apply to anyone with whom the town has contracted for the collection and disposal recyclable materials. (Ord. dated 9/22/11).

8.20.170        Prohibitions on use of nontransparent containers.

    No person may dispose of in a solid waste disposal facility, private collection center, or recycling center, any materials that are not contained in a transparent container. (Ord. dated 4/28/94: prior code § 11.080(18)(part))

8.20.180        Prohibitions on disposal of recyclable materials.

    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 Section 8.20.090(E) through (O) which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility. (Ord. dated 4/28/94: prior code § 11.080(19))

8.20.190        Enforcement.

1. Any authorized officer, employee or representative of the town may inspect recyclable materials separated for recycling, post-consumer waste intended for disposal, collection sites and facilities, collection vehicles, collection areas of multiple-family dwellings and non-residential facilities and properties, solid waste disposal facilities and solid waste treatment facilities, and any records relating to recycling activities, for the purpose of ascertaining compliance with the provisions of this chapter. No person may refuse access to any authorized officer, employee or authorized representative of the town 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 chapter may be issued a citation by the town 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 subsection.
3. Penalties for violating this chapter may be assessed as follows:
   1. Any person who violates Section 8.20.180 may be required to forfeit fifty dollars ($50.00), plus costs, for a first violation, two hundred dollars ($200.00), plus costs, for a second violation and not more than two thousand dollars ($2,000.00), plus costs, for a third or subsequent violation.
   2. Any person who violates a provision of this chapter, except Section 8.20.180, may be required to forfeit not less than ten dollars ($10.00), plus costs, nor more than one thousand dollars ($1,000.00), plus costs, for each violation. (Ord. dated 4/28/94: prior code § 11.08(20))

Introduced and adopted this 13^th day of November 2025 by the Town Board of the Town of Burlington, Racine County, Wisconsin.