[Adopted 4-3-2000 by Ord. No. 2000-2 as Title 8, Ch. 6, of the 2000 Code]
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.
MUNICIPALITY
Any city, village, town or county.
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.
A. 
The Village Board reserves the right to require the applicant to post a bond, the condition of which will be that this article shall be observed and that the dumping or disposal plan will be carried out and any penalties imposed shall be paid; if there is a violation of this article or if the dumping or disposal plan is not carried out, the Village Board shall have the right to revoke the dumping or disposal permit and, if necessary, obtain a court order terminating such dumping or disposal operation; and if, after a reasonable demand, the owner of the land does not cover the dumping or disposal area in accordance with the dumping or disposal plan, the Village Board shall have the right to correct the violation and to charge the expense against the bond.
B. 
The applicant for a dumping or disposal permit, in making the application, grants to the Village of East Troy the right to go on the land and carry out the dumping or disposal plan, if the owner or occupant of the land fails to do so after reasonable notice is given.
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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.