Town of Genesee, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Genesee as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-9-1981]
As used in this article, the following terms shall have the meanings indicated:
SITE or PROPERTY SITE
The property on which the applicant intends to apply sludge. Each real estate tax parcel as found on the tax rolls of the Town of Genesee shall constitute a separate site or property site.
SLUDGE
The accumulated residual solids (usually in liquid) resulting from the treatment of municipal or private wastewaters.
No person, firm or corporation shall apply, or allow to be applied to lands under his or its ownership, lease or control, sludge to any land located within the limits of the Town of Genesee without first having obtained a permit from the Town Board. This shall apply to both existing and proposed sludge disposal operations.
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 applicant shall be the owner of the treatment facility generating the sludge.
B. 
The name and address of the applicant, and if the applicant is a corporation, the name, address and registered agent of the corporation.
C. 
The post office and legal description of the site to be used.
D. 
The names and addresses of the landowners and haulers involved with the proposed disposal of the sludge. A copy of any contract related to the proposed disposal shall be appended to the application.
E. 
The length of time the applicant intends to apply sludge on the site or sites described in the application.
F. 
The name or names and address of the owner of any other site or sites upon which the applicant is presently applying sludge, whether or not such site or sites are within or without the corporate limits of the Town.
G. 
Names and addresses of all property owners within 300 yards of the boundaries of the proposed application site.
The Town Clerk shall refer all applications for a permit under this article to the Plan Commission for its recommendation to the Town Board. The recommendation of the Plan Commission shall be presented to the Town Board within 60 days after such application for a permit is referred to the Plan Commission by the Town Clerk. Upon receipt of such recommendation from the Plan Commission, the Town Board shall set a date for hearing on the application for such permit and the Clerk shall notify the applicant of the date of such hearing. The applicant may present such evidence as it deems necessary to the Town Board at such hearing in support of its application for a permit under this article.
The applicant shall accompany its application with a nonrefundable annual permit fee set by the Town Board.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
The Town Board shall, after receiving the recommendations of the Plan Commission and after hearing thereon as herein provided, issue a permit hereunder if it finds the following:
(1) 
That the sludge will be immediately incorporated with the soil.
(2) 
That the sludge will be applied in accordance with the appropriate regulations of the Department of Natural Resources (DNR) and that approval has been obtained by the applicant from the DNR to apply sludge to the real estate described in the application.
(3) 
That no sludge will be applied at a distance less than 200 feet from the nearest residence.
(4) 
That the sludge will not be applied at a distance less than 400 feet from the nearest private water supply well and that the application of the sludge shall not constitute a possible contamination source for any water supply, irrespective of the distance of the water supply from the disposal site.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(5) 
That the sludge will not be applied at a distance less than 300 feet from any stream, pond or other channelized waterway.
(6) 
That the sludge will not be applied to any soil which, because of its composition, would tend to create a health hazard.
(7) 
That the applicant has applied for and received all appropriate licenses from county or state licensing authorities.
(8) 
That a copy of all reports required by the county or state will be sent to the Town Clerk at the same time as sent to the county or state.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(9) 
That the application of sludge will not constitute a nuisance as that term is defined in Town, county or state ordinances or statutes.
B. 
If the Town Board does not find affirmatively with reference to any of Subsection A(1) through (9) inclusive, the application for such permit shall be denied.
A permit issued hereunder shall be for a period commencing on April 1 in the year of application and ending on December 1 in the year of application. This term may be temporarily extended if an acceptable plan for providing storage capacity is presented.
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 Town Board may also require a sludge analysis at any time deemed necessary. The manner and type of such soil test and sludge analysis shall be determined by the Town Board and all costs and expenses for such soil test and sludge analysis shall be paid by the applicant.
Before such permit shall be issued, the applicant shall file with the Town Clerk a surety bond in the amount of $10,000 and proof of liability insurance conditioned upon and as a guarantee that the applicant will fully abide by all of the terms and provisions of this article and any other ordinance of the Town of Genesee applicable thereto and any rules and regulations imposed by the Town Board as conditions for granting of such permit.
[Amended 9-12-1994 by Ord. No. 94-6[1]]
Each violation of any provision of this article shall be subject to the penalties and remedies described in Chapter 1, General Provisions, Article I, General Penalty, of this Code.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: Original Sec. (k), Separate violations, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Adopted 4-9-1984]
No person, corporation or organization shall install, operate, repair, maintain or reconstruct any device designed for the holding of sewage wastes in the Town of Genesee unless a permit therefor has been obtained under the following conditions.
Holding tanks will be permitted to be installed, operated, repaired, maintained, or reconstructed in the Town of Genesee only in those instances described as follows:
A. 
Residential. Residential holding tanks will be permitted only to replace an existing failing system. No new residential construction will be serviced by a holding tank.
B. 
Commercial and industrial. Holding tanks will be permitted for the replacement of existing septic or sewage systems and for new construction of commercial and industrial projects.
An agreement as provided by the Town of Genesee in form according to Exhibit A attached shall be executed by the applicant/owner for a holding tank.[1]
A. 
Said agreement shall provide as follows:
(1) 
Applicant/owner shall agree with the Town to install a holding tank of adequate size for the use proposed as approved by the Town Engineer.
(2) 
Applicant/owner shall agree to conform to all rules and regulations, ordinances and codes of the Town of Genesee, as well as all regulations and statutes of the State of Wisconsin or Waukesha County, both in the installation and the maintenance of said holding tank.
(3) 
Applicant/owner shall agree to submit to the Town a copy of a contract or agreement signed by a State of Wisconsin approved or licensed tank pumping firm which provides for the periodic pumping of said holding tank whenever necessary at applicant/owner expense. Further, applicant/owner agrees to, when necessary, have the holding tank pumped out by a state-approved wastewater holding tank pumping firm and otherwise maintain the tank at applicant/owner expense.
(4) 
Applicant/owner shall agree that at any time said holding tank is not pumped as necessary, the Town of Genesee or any designated officer thereof shall have the right, on 24 hours' written notice, to hire or otherwise accomplish the emptying of said tank at the expense of the owner. The Town shall add to said cost a fifteen-percent additional charge for the administration of this section. The total amount owed to the Town, if said amount remains unpaid for 30 days, shall be charged against the cash bond deposited by the owner with the Town and the owner shall thereupon replenish said cash bond by the same amount. In addition to all other methods of collecting the expenses incurred herein, the Town Treasurer may place said charge as a special charge against the real estate taxes of the owner and it may be collected as such according to statute, including the right by the Town to replenish said cash bond if the owner refuses.
(5) 
Owner will agree in said agreement to grant to the Town of Genesee full right, license and authority to enter upon his property for inspection, pumping and transportation from said holding tank.
(6) 
As a further condition for the granting of said holding tank permit, the owner agrees that he will pay all special assessments due if and when an alternate septic system becomes available and that he will grant all necessary easements for the installation of the same. The holding tank agreement, required herein, when signed by the owner shall constitute a waiver of all special assessment procedures and amounts. Applicant/owner further shall agree that at the time an alternate septic system shall become available, he will connect up to the same within 60 days of the date the same becomes available. In addition, when the same is available, applicant/owner agrees to properly abandon the holding tank and appurtenances as required by law and the Town Engineer.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Applicant/owner shall simultaneously with the agreement referred to herein deposit with the Town a cash bond in an amount as determined by the Town Board from time to time to guarantee to the Town reimbursement for any and all expenses incurred by the Town in alleviating any nuisance occurring as a result of this holding tank. The cash bond shall at all times be maintained constantly at the amount originally deposited. Said bond shall be returned to applicant/owner upon proper connection to an alternate sanitary septic system and abandonment of said holding tank. Interest earned, if any, by said cash deposit shall be the property of the Town of Genesee as an administrative charge by the Town for administering said cash bond.
C. 
The agreement referred to herein shall be made a part of this article and shall be executed in recordable form, shall contain the legal description of the owner's property benefitted, and shall be recorded with the Register of Deeds for Waukesha County. All parties in interest to the owner's property shall execute and be parties to the agreement.
D. 
The agreement shall continue so long as the holding tank is maintained and shall terminate upon connection to an alternate sanitary septic system and abandonment of said holding tank.
E. 
The agreement, upon execution by applicant/owner, shall thereupon become a part of this article and enforceable as a part of this article as if it were contained herein.
[1]
Editor's Note: Exhibit A is on file at the office of the Town Clerk.
In the event a violation ever occurs causing a nuisance, the Town may inspect said holding tank on a monthly basis to ensure that future violations do not occur. The fee for these inspections shall be the responsibility of the applicant/owner, and in the event the applicant/owner does not pay said inspection fees, the cost may then be added to the tax roll as a special real estate charge. The amount of the inspection fee shall be as determined from time to time by the Town Board.
[Amended 9-12-1994 by Ord. No. 94-6[1]]
Each violation of any provision of this article shall be subject to the penalties and remedies described in Chapter 1, General Provisions, Article I, General Penalty, of this Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Added 1-13-1986]
A. 
In that the Town of Genesee prohibits the installation of holding tanks for new residential construction, any person denied permission to install and operate a residential holding tank for new construction by the Town Board may petition the Town Board for reconsideration of the Town Board's denial and a variance to the prohibition.
B. 
The Town Board shall upon receipt of any said petition as soon as practical call a public hearing thereon. Notice of the time and place of the hearing shall be given pursuant to the Open Meeting Law.[1]
[1]
Editor's Note: See §§ 19.81 to 19.98, Wis. Stats.
C. 
As soon as possible after such public hearing, the Town Board shall act on said petition either granting, denying, or conditionally granting the variance. In determining whether to grant, deny or conditionally grant the variance the Town Board shall look to the standards as set forth in Ch SPS 383, Wis. Adm. Code, and to the guidelines and past practice of Waukesha County.
D. 
The Town of Genesee shall inform the Department of Safety and Professional Services in writing of each variance granted.