[HISTORY: Adopted by the Town Board of the Town of Oconomowoc
as Secs. 11.01 and 11.05 of the 1986 Town Code. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The property on which the applicant intends to apply sludge.
Each real estate tax parcel as found on the tax rolls of the Town
shall constitute a separate site or property site.
The accumulated residual solids (usually in aqueous solution)
generated through the treatment of municipal or industrial wastewaters.
No person shall apply or allow sludge to be applied to any lands
in the Town and under his ownership, lease or control without first
having obtained a permit from the Town Board.
Written application for a permit to apply sludge on any lands
located within the Town shall be made to the Town Clerk. The application
shall state:
A.
The name and address of the applicants, and if the applicant is a
corporation, the name, address and registered agent of the corporation.
B.
The post office address and legal description of the site to be used.
C.
The name of the municipality or persons with whom the applicant has
a contract for the disposal of the sludge. A copy of any such contract
shall be appended to the application.
D.
The length of time the applicant intends to apply sludge on the site
or sites described in the application.
E.
The name or names and address of the owners of any other site or
sites upon which the applicant is presently applying sludge, whether
such site or sites are within or without the corporate limits of the
Town.
F.
The name and post office address of all property owners whose property,
or any portion thereof, is located within 1,000 feet of any boundary
of the property site on which the applicant intends to dispose of
the sludge.
A permit issued hereunder shall be for a period commencing on
June 1 in the year of application and ending on November 30 in the
year of application. Winter sludge disposal shall be allowed by special
permit only on a case-by-case basis.
The applicant shall accompany his application with a nonrefundable
annual permit fee of $100.
The applicant shall pay to the Town Clerk at the time of filing
the application the costs of publication of the notice of public hearing
as provided in this chapter and the cost of giving notice to the adjoining
property owners as provided in this chapter. Such costs shall be determined
by the Town Clerk.
The Town Clerk shall, within 30 days of receipt of an application
hereunder, schedule a public hearing on the application. Notice of
the public hearing shall be published as a Class 1 notice under the
provisions of Ch. 985, Wis. Stats. The Town Clerk shall, by certified
mail, notify all property owners whose properties are located within
1,000 feet of the proposed sludge disposal site of the hearing.
The Town Board shall consider the evidence presented at the
public hearing and may issue a permit for sludge disposal but only
after an affirmative finding that:
A.
The sludge will be immediately incorporated with the soil.
B.
The sludge will be applied in accordance with the appropriate regulations
of the Department of Natural Resources and that approval therefor
has been obtained by the applicant to apply sludge to the lands described
in the application.
C.
No sludge will be applied at a distance less than 500 feet from a
residence unless the house occupants agree to a smaller distance,
but in no case shall the distance be reduced to less than 200 feet
from a residence. Distances from public and private water supplies
shall be strictly maintained.
D.
No sludge will be applied at a distance less than 50 feet from any
property line.
E.
No sludge will be applied at a distance less than 200 feet from any
road right-of-way, ditch or dry run.
F.
The sludge will not be applied to any soil which, because of its
composition, would tend to create a health hazard.
G.
The sludge will not be applied at a distance less than 200 feet from
any stream, pond or navigable water body or other channelized waterway.
H.
The sludge will not be applied to any soil which, because of its
composition, would tend to create a health hazard.
I.
The applicant has applied for and received all appropriate licenses
from county and state licensing authorities.
J.
The application of sludge will not constitute a public nuisance.
K.
In the event wintertime sludge disposal is proposed, the sludge will
not be applied to any area with a slope of more than 6% or to any
area having snow cover.
L.
The sludge will not be applied to any area with less than five feet
of soil above bedrock and high ground water levels.
Before any action is taken upon an application for a permit,
the Town Board may require the applicant to conduct soil testing to
determine the ability of the soil upon the premises described in the
application to absorb sludge. The manner and type of such soil test
shall be determined by the Town Board, and all costs and expenses
for such soil test shall be paid by the applicant.
Before such permit shall be issued, the applicant shall file
with the Town Clerk a surety bond in an amount to be determined by
the Town Board conditioned upon and as a guarantee that the applicant
will fully abide by all of the terms and provisions of this chapter
and any other ordinance of the Town applicable thereto and any rules
and regulations imposed by the Town Board as conditions for granting
of such permit.
