The purpose of this article is to regulate the dumping or disposal
of waste, garbage, refuse and sludge by individuals, corporations
and municipalities within the Village of East Troy. Because of the
possible danger to the health, safety and welfare of the public, such
dumping or disposal within the Village of East Troy shall only be
permitted under the terms and conditions set forth below in this article.
The following definitions shall be applicable in this article:
DUMPING or DISPOSAL
Includes, but is not limited to, unloading, throwing away,
discarding, emptying, abandoning, discharging, burning or burying
waste, garbage, refuse or sludge on, into or under any property or
lands, whether publicly or privately owned, within the Village.
GARBAGE
Discarded material resulting from the handling, processing,
storage, preparation, serving and consumption of food.
REFUSE
Combustible and noncombustible discarded material, including
but not limited to trash, rubbish, paper, wood, metal, glass, plastic,
rubber, cloth, ashes, litter and street rubbish, industrial waste,
dead animals, mine tailings, gravel pit and quarry spoils, toxic and
hazardous wastes, and material and debris resulting from construction
or demolition.
SLUDGE
Sewage treatment residue in any form whatsoever, whether
solid, semisolid or liquid, which has been processed or treated in
any way, form or manner.
WASTE
Garbage, refuse and all other discarded or salvageable material,
including waste materials resulting from industrial, commercial and
agricultural operations and from domestic use and public service activities.
Except as expressly permitted in §
470-29, no individual, corporation or municipality shall dump or dispose of waste, garbage, refuse or sludge within the Village of East Troy unless a permit to engage in such dumping or disposal is first obtained from the Village of East Troy under the conditions prescribed herein.
The following shall not be deemed to come within the scope or
meaning of this article:
A. Sites used for the dumping or disposal of waste, garbage or refuse
from a single family or household, a member of which is the owner,
occupant or lessee of the property; provided, however, that such waste,
garbage or refuse is placed in suitable containers or stored in such
other way as to not cause a public or private nuisance and placed
for pickup by the Village garbage hauler.
B. Any dumping operation under the direction and control of the Village
of East Troy.
Persons or municipalities who or which are permitted to engage
in dumping or disposal operations shall be subject to the following
regulations:
A. The dumping or disposal operations must be conducted in such a way
as to not constitute a public or private nuisance.
B. The dumping or disposal operations shall be permitted only in industrially
zoned areas, as set forth in the Official Zoning Map of the Village
of East Troy.
C. Persons or municipalities engaged in dumping or disposal operations
must conduct the operations in such a way that dust, dirt, debris
or other materials or substances will not be carried by wind across
the boundary of the parcel of land being used for dumping or disposal
operations.
D. A suitable covering of gravel or dirt shall be placed over all of
the area used for dumping or disposal operations within a reasonable
time after the dumping or disposal occurs, not to exceed 10 days.
Such covering must be done in such a way as to give the area so covered
a grading compatible with the surrounding and adjacent property, in
such a way as to not substantially depreciate property values within
the immediate area.
[Amended 12-16-2019 by Ord. No. 2019-18]
There shall be a public hearing on any application for a permit
to engage in dumping or disposal operations. The application shall
be on file with the Village Clerk at least 30 days before
the public hearing. The application shall contain the name and address
of the applicant, an explanation of the nature and purpose of the
dumping or disposal, and a detailed description of the dumping or
disposal plan.
A public hearing will be required under the following terms:
A. Notice shall be given as a Class 3 notice, as described in § 985.07,
Wis. Stats.
B. The cost of publication of such notices shall be deposited by the
applicant in advance.
C. A public hearing shall be held on the date specified in the notices
or any adjourned date. However, such public hearing shall be merely
advisory in regard to affecting any action which may be taken by the
Village Board upon such application.
The application for a permit shall be processed within 90 days
of the receipt thereof and shall be issued if the Village Board is
satisfied that there has been and will be reasonable compliance with
the conditions enumerated herein.
The permit, once issued, may be revoked after public hearing
upon a published Class 1 notice by the Village of East Troy, at any
time, if any of the conditions necessary for the issuance thereof
or any terms of this article are violated.
Nothing contained herein shall be deemed to limit or restrict
the application of any state law or administrative regulation of any
state agency regulating the subject of this article.
Any person desiring to negotiate with the Village of East Troy
for the purpose of siting a landfill or landfill expansion under § 289.33,
Wis. Stats., shall also comply with the following requirements:
A. Post a fee set by the Village Board with the Village of East Troy
which shall be set aside for negotiating expenses of the negotiating
committee, said sum to be separate from, and in addition to, other
permit fees required by state, county or Village ordinances, regulations
or statutes.
B. Execute an agreement to indemnify, hold harmless, and defend the
Village of East Troy, its agents and employees, as well as the members
of the negotiating committee, from any and all liability in any way
related to the proposed solid waste disposal facility or the review
or negotiation thereof.
C. Supply sufficient sureties, bonds or proof of insurance in an amount of no less than $3,000,000, in a form acceptable to the Village Attorney, to establish the financial viability of the applicant to construct and operate the site, as well as undertake its responsibilities set forth in Subsection
B of this section.
D. Provide an environmental assessment of the proposed solid waste disposal
facility, or any expansion thereof, demonstrating that the same will
not have any substantial impact on the environment or local property
values or any adverse impact on any resident residing within one mile
of the proposed facility.