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Consideration of request from the Sustainability Manager for approval of modifications to the City of Wauwatosa Recycling and Solid Waste ordinances
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Submitted by:
Megan Conway, Sustainability Manager
Department:
Department of Public Works
A. Issue
The Wisconsin Department of Natural Resources (WDNR) established a recycling rule revision that requires Responsible Units to update Recycling ordinances. In addition to required updates, staff is proposing updates to the Recycling and Solid Waste ordinances to remove outdated material and provide clarity and consistency across both ordinances.
B. Background/Options
The City of Wauwatosa manages a recycling program and associated requirements and is considered a Responsible Unit (RU) by the WDNR. As of July 15, 2025, the Wisconsin administrative code that oversees RU recycling programs and other aspects of Wisconsin’s recycling law has been revised. This revision includes required updates to RU recycling ordinances by April 30, 2026 to remain in good standing.
Updates required by WDNR include clarifying language for recycling container volume and tenant notification requirements for multi-family and non-residential properties.
In reviewing the Recycling ordinance for this required update, the Department of Public Works team identified several additional opportunities to remove outdated information or update language for clarity and consistency within the Recycling and Solid Waste ordinances.
Highlights from the proposed updates to these ordinances include:
• Removal of references to outdated programs and infrastructure (e.g. Blue Bag program, Wauwatosa’s historic transfer station, resident-supplied landfill carts, reference to outdated State rules and statutes, etc.)
• Removal of specific materials accepted for recycling and preparation of those items
o There were several instances of guidance that conflicted with what Wauwatosa’s recycling processor (Waste Management) can accept. Items accepted for recycling can change quickly based on market conditions, available technology, and other factors so the proposed changes include reference to the City’s website for up-to-date and accurate recycling instructions as we receive them from the recycling partner.
o Note: Materials listed in 8.25.100 are required to be included in approved ordinances by WDNR
• Addition of guidance for electronic waste
• Clarity and consistency of language and definitions across both ordinances for regulations including prohibited materials, contractor-generated waste, plastic bags and film, and cart placement
• Adjustment of one category of recycling infraction penalty amounts to align with WDNR requirements
The WDNR rule revision also requires updated guidance within RU recycling education materials, and those changes have already been made within Wauwatosa’s Waste Wizard tool.
“Clean” and “Track Changes” versions of both proposed ordinance updates have been included with this memo to highlight all proposed changes.
C. Strategic Plan (Area of Focus)
Priority Area Five: Quality of Life
D. Fiscal Impact
There are no direct City costs to implement these changes. One of the ordinance changes does include a category of recycling infraction penalties that were adjusted slightly to align with WDNR requirements.
E. Recommendation
Approve proposed updates to the Recycling and Solid Waste ordinances.