[HISTORY: Adopted by the Town Board of the Town of Greenville
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-13-1976 by Ord. No. 14; amended in its entirety 12-8-1997; 1-21-1998]
A.
It shall be unlawful for any person, corporation, partnership, or
other type of organization, to deposit waste on lands in the Town
of Greenville, Outagamie County, Wisconsin, unless there is first
obtained from the Town Clerk of the Town of Greenville a permit authorizing
such disposition. A separate permit must be obtained by each property
owner upon whose land such disposal of waste shall take place and
such permit shall be valid for seven calendar days after date of issuance.
A permit shall not be required for deposit of waste on a duly licensed
landfill site.
The permit shall be obtained by applying to the Town Clerk of
the Town of Greenville, and such application shall be in writing and
shall state the date that the disposal shall take place; the name
of the property owner upon whose land such disposal shall take place;
an adequate description of the lands upon which such disposal shall
take place; the source from which the waste material is acquired;
the name and address of the party transporting or delivering such
waste material to the property owner in event the property owner is
not such transporting party. A fee in an amount as set from time to
time by ordinance of the Town Board shall be charged for each permit.
No permit shall be issued until the fee has been first paid to the
Town Clerk. Applications for permit shall be made by the property
owner upon whose land the disposal is to take place. A permit so acquired
shall be displayed publicly on the premises upon which the waste disposal
is being made.
It shall be unlawful for the property owner upon whose land
such disposal of waste occurs to store or stockpile such waste delivered
to the property. The application of the waste upon the property shall
be not over three inches in depth in any one place and may not be
applied on the same property more often than once every four years.
The property owner must work such waste into the soil within the time
limits as may be prescribed by any regulations by the Department of
Natural Resources of the State of Wisconsin but in no event shall
said waste be on the property without being worked into the soil for
a period of longer than 48 hours after the same has been applied.
The property owner, for the purposes of this article, is defined
as being any person, partnership, corporation, or other type of organization
owning, renting, or otherwise using or controlling the use of lands
within the boundaries of the Town of Greenville, Outagamie County,
Wisconsin, and upon whose land waste is disposed of or distributed
requiring a permit under the terms of this article. A transporter,
for the purposes of this article, is defined to be any person, partnership,
corporation, or other type of organization who, by truck or other
conveyance, hauls waste subject to the provisions of this article
within the boundaries of the Town of Greenville, Outagamie County,
Wisconsin.
The Town Board of the Town of Greenville may require any transporter
of waste materials in the Town of Greenville, for disposition on lands
in the Town of Greenville pursuant to this article, to present an
adequate analysis of the waste material so being transported for disposition
so as to enable the determination as to whether bacteria harmful or
injurious to the general public exists in such wastes. Failure on
the part of a transporter to produce an adequate analysis upon request
of the Town Clerk of the Town of Greenville shall constitute a violation
of this article. The Town of Greenville reserves the right to take
random samples of waste disposed of on lands in the Town of Greenville,
pursuant to this article, at any time, and if such samples disclose
bacteria harmful or injurious to the health of the general public,
then the transporter of said waste material shall be in violation
of this article and subject to prosecution hereunder.
It is hereby declared to be the intention of the Town Board
of the Town of Greenville that the several provisions of this article
or separable in accordance with the following:
A.
If any court of competent jurisdiction shall adjudge any provision
of this article to be invalid, such judgment shall not affect any
other provision of this article not specifically included in such
judgment.
B.
If any court of competent jurisdiction shall adjudge invalid the
application of any provision of this article to a particular property,
such judgment shall not affect the application of said provision to
any other property not specifically included in said judgment.
Any person, partnership, corporation, or other entity convicted
of a violation of any section of this article shall, upon conviction,
be subject to the forfeiture amount set from time to time by ordinance
in the Fine and Forfeiture Schedule of the Town of Greenville. Each
calendar day the violation exists shall be deemed a separate offense.
[Adopted 6-14-2010 by Ord. No. 54]
In this article, unless the context requires otherwise, the
following shall have the following meanings:
- GARBAGE
- Includes every refuse accumulation of animals, fruit or vegetable matter, liquid or otherwise, that attends the preparation, use, cooking, dealing in, or storing of meat, fish, fowl, fruit or vegetables originally used for foodstuffs.
- REFUSE
- Includes all waste materials, solid, liquid or semisolid produced by or from, used by or resulting from industrial, agricultural, household, manufacturing, business or community life such as but not limited to minerals, asphalt, rocks, paper, concrete products, wood products, glass products, metal products, used furniture, household appliances, products or items, clothing, building material, motor vehicles, products and parts, tires, paper products, burnt materials, chemicals, paints, cleaning solutions and containers, stumps, plastics, solvents, petroleum products and materials and their containers defined as hazardous under § 291.05, Wisconsin Statutes, for which its owner no longer has a use and wishes to dispose of it.
- YARD WASTE
- Includes all leaves, needles, grass clippings, garden debris and brush, including clean woody vegetative material, no greater than four inches in diameter. This term does not include stumps, roots or shrubs with intact root balls.
A.
No person, firm or corporation shall dispose of, dump or bury garbage,
yard waste or refuse, upon any road right-of-way or upon any public
or private lands in the Town of Greenville other than upon those premises
duly designated and licensed as sites for the disposing, dumping or
burying of garbage, yard waste or refuse.
B.
No person, firm or corporation shall accept for dumping, burying
or disposing or allow the dumping, burying or disposing of garbage
or refuse upon land owned by that person, firm or corporation unless
the premises is duly designated and licensed as a site for the dumping,
disposing or burying of garbage and refuse.
C.
No person, firm or corporation shall cause or permit garbage, yard
waste or refuse to be placed in such a location or manner that the
garbage, yard waste or refuse can be blown away by the wind, washed
away by water or conveyed to another location by some other natural
process.
D.
No person, firm or corporation shall cause or permit garbage, yard
waste or refuse to fall from any vehicle onto the road or road right-of-way
in the Town of Greenville.
A.
It shall not be a violation of this article to dump, bury or dispose
of unbagged yard waste on private land if permission has been obtained
from the landowner prior to the dumping or disposing of the yard waste;
provided, however, that no landowner shall allow or keep unsightly,
unhealthy or unsanitary accumulations of such waste.
B.
It shall not be a violation of this article for landowners to dump,
bury or dispose of garbage, yard waste or refuse on their own land,
unless said garbage, yard waste or refuse is defined as hazardous
under § 291.05, Wisconsin Statutes, and provided, however,
that no landowner shall allow or keep unsightly, unhealthy or unsanitary
accumulations of such garbage, yard waste or refuse.
Any person, firm, association, or corporation who does not comply
with the provisions of this article shall be subject to a forfeiture
amount set from time to time by ordinance in the Fine and Forfeiture
Schedule of the Town of Greenville. Each calendar day the violation
exists shall be deemed a separate offense.
This article shall be enforced by the Town of Greenville and
its officers and authorized employees.
