Town of Greenville, WI
Outagamie County
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Table of Contents
Table of Contents
Chapter 247: Solid Waste
[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]

§ 247-1 Definitions.

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.
B. 
As used in this article, the following terms shall have the meanings indicated:
WASTE
Garbage, sludge from wastewater treatment plants, and other organic waste, but excluding from this definition animal manure commonly used by farmers for fertilizer.

§ 247-2 Permits. [1]

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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 247-3 Unlawful storage or stockpiling; requirements for application of waste.

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.

§ 247-4 Property owner; transporter.

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.

§ 247-5 Adequate analysis of waste material required; violation.

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.

§ 247-6 Severability; applicability.

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.

§ 247-7 Violations and penalties. [1]

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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 6-14-2010 by Ord. No. 54]

§ 247-8 Definitions.

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.

§ 247-9 Prohibited conduct.

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.

§ 247-10 Exceptions.

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.

§ 247-11 Violations and penalties. [1]

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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 247-12 Enforcement.

This article shall be enforced by the Town of Greenville and its officers and authorized employees.