[Adopted by the Town Board of the Town of Pittsfield as indicated
in article histories. Amendments noted where applicable.]
[Adopted 5-13-1997 as §§ 10.005 to 10.017 of the 1997 Code;
amended July 2007]
A.
Upon enactment, this article shall regulate, apply to and govern
all persons or locations engaged in or encompassing the transportation,
disposal, storage and treatment of solid waste in the Town of Pittsfield
including upon Town roads. Such transportation, disposal, storage
or treatment shall be permitted only under the terms and conditions
set forth by this article.
B.
The following shall not be deemed to come within the scope of this
article:
(1)
Transportation, disposal, storage or treatment of animal waste resulting
from an agricultural enterprise located within the Town.
(2)
Solid or hazardous waste facilities (collective facilities) within
the Town that are or were licensed by the Wisconsin Department of
Natural Resources (DNR) and in operation on the date of adoption of
this article or when this article is specified as not applicable under
Ch. 289, Wis. Stats., or a negotiated agreement or arbitration award
thereunder. However, expansion of these existing facilities shall
be within the scope of this article.
(3)
Sanitary privies, seepage beds, septic tanks, wastewater, wastewater
treatment sludge and the disposal and transportation of human waste
products in the Town.
C.
ACTIVE FILL AREA
APPLICANT
CLOSURE or FINAL CLOSURE
DISPOSE, DISPOSING or DISPOSAL
EMERGENCY or EMERGENCIES
EXPANSION
GARBAGE
GENERATE, GENERATING or GENERATED
HAZARDOUS WASTE
HAZARDOUS WASTE FACILITY
INCINERATING, INCINERATORS or INCINERATION
LANDSPREADING
LEACHATE
LONG-TERM CARE
MINING SOLID WASTE
OPEN BURNING
PERSON
POLYCHLORINATED BIPHENYLS (PCBs)
PRINCIPAL STRUCTURE
PROCESSING
RECOVERABLE SOLID WASTE
REMEDIAL ACTION
REMOVAL ACTION
SLUDGE
SOLID WASTE
SOLID WASTE FACILITY
(1)
(2)
(3)
STORE, STORING or STORAGE
TREAT, TREATING or TREATMENT
The following definitions shall apply to this article unless a different
meaning appears from the context:
The cells designed and constructed at the facility that are
to be used for disposal of solid waste.
A person applying for a license under this article to construct,
operate or maintain a facility for the disposal, treatment or storage
of solid waste or for the transportation of solid waste on any Town
road.
The date when no further solid waste may be accepted at the
facility pursuant to any license issued under this article or any
license, plan of operation or plan or order of closure of the DNR,
whichever date is earlier.
The discharge, deposit, injection, dumping, placing, littering,
discarding, burying, throwing, emitting, emptying or abandoning of
any solid waste into or on any private or public land or on or into
any water or air within the Town. This term does not include the storage
or treatment of solid waste.
An unforeseen circumstance that jeopardizes the public health
or safety or the property of the Town or its residents.
An increase in licensed capacity for disposal, treatment
or storage of solid waste at an existing facility, at or adjacent
to the existing facility.
Discarded putrescible animal or vegetable refuse resulting
from the handling, serving, preparing, processing, storing or consuming
of food.
The act or process that results in the formation of solid
waste or by-products.
Any solid waste, including petroleum products or substances,
which meets the definition of hazardous waste in Ch. 289, Wis. Stats.,
its successor chapters, the Federal Resource Conservation and Recovery
Act (RCRA), Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA), Toxic Substances Control Act (TSCA) or Clean
Air Act (CAA) or identified as hazardous waste by any regulations
established by the DNR or the United States Environmental Protection
Agency (USEPA).
A facility for the treatment, storage or disposal of hazardous
waste and includes the land where the facility is located.
Any technique or process of controlled burning of solid waste
primarily to achieve volume reduction and/or to change waste characteristics
or capture the heat content of the burnables, but does not include
open burning.
The disposal of solid waste in thin layers onto the land
surface and/or the incorporation into the top several feet of the
surface soil for agricultural, silvicultural and/or solid waste disposal
purposes.
Water or other liquid which has been contaminated by dissolved
or suspended materials due to contact with solid waste or gases therefrom.
The routine care, maintenance and monitoring of a facility
after closure.
All waste soil, rock, mineral, liquid, vegetation and other
material, except merchantable by-products, directly resulting from
or displaced by prospecting or mining or from the beneficiating, concentrating
or refining of minerals and shall include all waste materials from
other sources deposited on or in a prospecting or mining site.
Combustion of solid waste where the products of combustion
are emitted directly to the ambient air without passing through a
stack or chimney. Open burning does not include the combustion of
solid waste occurring at a properly operated and licensed air curtain
destructor or incinerator.
Any natural individual, firm, sole proprietorship, trust,
partnership, association, corporation or municipality, and also means
any responsible member, officer, agent, and employee thereof.
The class of organic compounds generally known as "polychlorinated
biphenyls" and includes any of several compounds or mixtures of compounds
produced by replacing two or more hydrogen atoms on the biphenyl molecule
with chlorine atoms.
A residential use, the primary residential building, facility
or structure designed for and used for single-family dwelling or designed
and used as apartments, including any building, facility or structure
which is accessory to or incidental to the primary residential building,
facility or structure. At locations containing no residential use,
the principal structure shall be the primary building, facility or
structure designed for and used by the majority of the public for
resort, employment, assemblage, lodging, trade, traffic or occupancy,
including any building, facility or structure which is accessory to
and incidental to the primary building, facility or structure.
Any technique used to facilitate or further transform, shape,
compact or utilize solid waste, to wit: techniques such as baling,
shredding, pulverizing, composting or separating.
Solid waste which through separation, processing or incineration
will be converted into usable materials, products or energy.
Those actions consistent with a permanent remedy in the event
of a release or threatened release of solid waste ("release") into
the environment, to prevent, ameliorate or minimize the release so
that the contaminants do not migrate to cause substantial danger to
present or future public health or welfare or to the environment.
The term includes but is not limited to such actions, at the location
of the release, as storage or confinement by perimeter protection
using dikes, trenches or ditches, placing of a clay cover, neutralization,
removal of released wastes, recycling or reuse, diversion, destruction,
segregation, dredging or excavation, repair or replacement of leaking
containers, collection of leachate and runoff, on-site treatment or
incineration, the providing of alternative water supplies, and any
monitoring of the groundwater, surface water or air reasonably required
to assure that such actions protect the public health and welfare
or the environment. The term also includes the permanent relocation
of residents where the Town determines such relocation is more cost-effective
than, and environmentally preferable to, the transportation, storage,
treatment, destruction or secure disposition off site of hazardous
wastes.[1]
The short-term actions to mitigate, contain or remove released
substances for off-site treatment, storage or disposal and such other
actions as may be necessary in the event of release to monitor, assess
and evaluate the release. The term also includes, without being limited
to, security fencing or other measures to limit access to a facility
or operations related thereto, the providing of temporary alternative
water supplies to residents of the Town, and temporary evacuation
and housing of residents of the Town.
Any solid, semisolid, or liquid waste generated from a municipal,
commercial, or industrial wastewater treatment plant, water supply
treatment plant or air pollution control facility or any other waste
having similar physical characteristics.
Any nonhazardous waste identified as garbage, ash, litter,
rubbish, refuse or putrescible material and other discarded or salvageable
materials, including solid, liquid, semisolid, or contained gaseous
materials resulting from industrial, commercial, mining and agricultural
operations, and from community activities which are not hazardous
wastes. "Solid waste" does not include hazardous wastes, mining solid
waste, solids or dissolved material in domestic sewage, or solid or
dissolved materials in irrigation return flows or industrial discharges
which are point sources subject to permits under Ch. 283, Wis. Stats.,
or its successor chapter or source, special nuclear radioactive material
or by-product material as defined under § 254.31, Wis. Stats.,
or its successor provisions.
A facility in the Town for solid waste treatment, storage
or disposal, and includes commercial, industrial, municipal, state
and federal establishments or operations such as, without limitation
because of enumeration, sanitary landfills, dumps, demotion facilities,
land disposal sites, incinerators, transfer stations, storage facilities,
collection and transportation operations and processing, treatment
and recovery facilities. This term includes the land where the facility
is located. This term does not include a hazardous waste facility.
This term does not include:
A facility for the processing of scrap iron, steel or nonferrous
metal using large machines to produce a principal product of scrap
metal for sale or use for remelting purposes.
A facility which uses large machines to sort, grade, compact
or bale clean wastepaper, fibers or plastics, not mixed with other
solid waste, for sale or use for recycling purposes.
An auto junkyard, scrap metal salvage yard or a facility for
the processing of minerals or mining refuse.
The accumulating or holding of solid waste for a period exceeding
90 days.
Any technique or process which is designed to change the
physical, chemical or biological character or complexion of solid
waste. Treatment includes incineration.
A person ("person"), who is a resident residing within the Town,
or a person who is occupying a residential, commercial or industrial
site located within the Town, shall remove from the residence or site
for storage, disposal or treatment at a solid waste facility that
solid waste which is generated at the residence or site at least every
month, unless the solid waste is processed at the residence or site
consistent with this article or unless such solid waste is placed
in appropriate solid waste collection containers and accumulated in
such manner as to not create a private or public nuisance. A person
shall remove from the residence or site for storage, disposal or treatment
to a facility all other solid waste which is generated at the residence
or site as follows: at least once per month, if the solid waste is
accumulated inside the principal structure, or once every two weeks
if the solid waste is accumulated outside the principal structure.
No person shall dispose, store or treat within the Town any solid waste, except as noted in § 258-2 and as follows:
A.
A person may dispose, store or treat solid waste at a facility located
within the Town only if the facility is validly licensed by the Town
for the disposal, storage or treatment of the type of solid waste
being transported to or generated at the facility.
B.
A person who is a resident within the Town or a person who is occupying
a residential, commercial or industrial site located within the Town
may dispose and accumulate solid waste which has been generated at
the residence or at the site in authorized solid waste collection
containers not located at the residence or the site, but located within
the Town, if the Town by ordinance:
(1)
Authorizes disposal and storage of solid waste in off-site solid
waste collection containers.
(2)
Establishes the type, amount and source of solid waste authorized
for disposal and storage in these off-site containers.
(3)
Establishes requirements to regulate and control the disposal, storage,
collection and transportation of solid waste at these off-site solid
waste containers.
(4)
Approves the site locations for such off-site solid waste collection
containers. A person who disposes or stores solid waste under this
provision shall fully comply with any applicable licenses, permits,
conditions, regulations or requirements as may be established by the
Town through ordinance or permit condition and any other more stringent
condition established by the owner or operator of the off-site collection
containers.
C.
A person who resides within the Town may dispose at the residence, or accumulate in solid waste collection containers at the residence, garbage and other solid waste generated at the residence when in compliance with § 258-2, federal and state laws and regulations, this article and any other ordinance established by the Town.[1]
D.
A person who is occupying a residential, commercial or industrial site located within the Town may dispose at the site, or accumulate in solid waste collection containers at the site, garbage and other solid waste generated at the site, when in compliance with § 258-2.
E.
A person who is a resident within the Town or a person who is occupying
a residential, commercial or industrial site located within the Town
may dispose and accumulate authorized recyclable solid waste which
has been generated at the residence or at the site at authorized off-site
recycling centers within the Town, if the Town by ordinance:
(1)
Authorizes the disposal and accumulation of off-site recyclable solid
waste.
(2)
Establishes the type, source and amount of recyclable solid wastes
authorized for disposal and accumulation at the off-site recycling
centers.
(3)
Establishes requirements to regulate and control the disposal, accumulation,
storage, collection and transportation of solid waste at these off-site
recycling centers.
(4)
Approves the site locations for such off-site authorized recycling
centers.
F.
A person who resides within the Town or a person who is occupying
a residential, commercial or industrial site located within the Town
may dispose and treat solid waste, including by landspreading, incinerating
or processing the solid waste, at the residence or at the site if
the landspreading, incinerating or processing does not create a public
or private nuisance and if the quantity of solid waste that is landspread,
incinerated or processed was generated exclusively at the residence
or at the site. Landspreading activities exempt under state law or
regulations shall be exempt from this article.
G.
No person shall dispose, store or treat any solid waste within the Town, except as provided in § 258-2 and except as provided in this section, unless the person has received and complies with a valid license for a facility from the Town Board and the license specifically authorizes disposal, storage or treatment operations at the facility. Each license issued pursuant to this article shall contain as a condition thereof that the license incorporates and the licensee shall fully comply with all federal and state licenses, permits, conditions thereof, regulations and laws pertaining to the facility. In the event of a conflict, the most stringent condition of any federal, state or Town license, permit, regulation, law or ordinance shall apply.
H.
Any person disposing, storing or treating any solid waste in the
Town, except as authorized by this article, shall notify the Town
Clerk in writing within 24 hours of knowledge of such occurrence and
shall detail in this notification the time, place and possible cause
or causes of such occurrence, and the type, source and amount of solid
waste involved in this occurrence. Upon knowledge of such occurrence,
the person shall immediately take all actions appropriate and necessary
to restore the environment to its prior condition, to minimize any
harmful effects from such occurrence to the Town and its residents
and to comply with any orders or regulations of the DNR, USEPA and
any other state or federal agency having jurisdiction in the matter.
A.
No person shall dispose, store or treat any polychlorinated biphenyls
(PCBs), any chlorinated dibenzo-dioxins and dibenzofurans (dioxins)
or any radioactive material within the Town.
B.
No person shall dispose, store or treat any other hazardous waste
within the Town, except as follows:
(1)
A person who resides within the Town or a person who is occupying
a residential, commercial or industrial site located within the Town
may accumulate in aboveground containers or store in aboveground tanks
at the residence or at the site hazardous waste, if the hazardous
waste has been generated at the residence or at the site and if:
(a)
The person removes the hazardous waste from the residence or
site within 90 days of generation and transports the hazardous waste
for disposal, storage or treatment to a hazardous waste facility licensed
by the DNR or by the USEPA;
(c)
The person holds the accumulated hazardous waste in an area
that does not exceed 1,500 square feet.
C.
No person may dispose, store or treat any hazardous waste within the Town, except as provided in Subsection B, unless the person has received and is in compliance with a valid license for a hazardous waste facility from the Town. The license must specifically authorize the disposal, storage or treatment of the hazardous waste at the facility.
No person shall construct, maintain or operate a solid waste
facility for disposal, storage or treatment of solid waste within
the Town unless the person has received a valid license from the Town
Board specifically authorizing construction, maintenance and operation
of a solid waste facility. Upon issuance of the license, the licensee
shall fully comply with conditions therein.
No person shall construct, maintain or operate the waste handling
portion of a hazardous waste facility for disposal, storage or treatment
of a hazardous waste within the Town limits unless the person has
received a license from the Town Board authorizing the construction,
maintenance or operation of the hazardous waste facility. Upon issuance
of the license, the licensee shall fully comply with conditions therein.
A.
Applications for the licensing of a facility under this article shall
be filed by the applicant with the Town Clerk in writing on a form
provided by the Town Clerk and accompanied by the initial application
fee which shall be in the amount provided in the Town Fee Schedule,[1] unless waived or reduced by the Town Board. No application shall be accepted by Town Clerk until the applicant has submitted and has had approved by the DNR an initial site report and feasibility report required pursuant to Ch. 289, Wis. Stats., or its successor chapters. In addition, the Town Board may charge the applicant an additional application fee to fully or partially reimburse the Town for appropriate and necessary costs and expenses incurred by the Town in the processing of the application, including but not limited to costs and reasonable expenses incurred by the Town for attorneys' fees and experts' fees related to the application process. As a further condition of a license, including a license for transportation issued under § 258-9, the Town Board may require the applicant to show that all claims by owners of property for compensation due to the diminished value of property located within a one-mile radius of the facility caused by the presence, operation or closure requirements placed on the facility have been compromised or will be resolved by adjudication before the effective date of the license. The total application fees to the applicant, including the initial application fee, shall not, however, exceed $20,000 for any application. A license is not assignable. All information provided in the application shall be accompanied by a sworn statement, under oath or affirmation, by the applicant, stating that the information provided within the application was obtained under his supervision and direction, after diligent inquiry, and is true and factual to the best of his knowledge and belief.[2]
B.
Bond.
(1)
No license shall be issued or be effective unless there is on file
with the Town Treasurer a cash bond or a bond with a corporate surety,
duly licensed in the State of Wisconsin, in penal amount of $200,000
to assure that the applicant and its representatives, agents and assigns
will comply with all the terms, conditions, provisions, requirements,
commitments, indemnifications and specifications contained in this
article, any license issued thereunder or any sworn statement signed
by the applicant pursuant to this article.
(2)
If a corporate bond is offered, it shall be executed by a company
authorized to transact business in the State of Wisconsin. If a cash
bond is offered, it shall be deposited with the Town Treasurer, who
shall give an official receipt therefor reciting that said cash has
been deposited in compliance with and subject to provisions of this
article.
(3)
Failure by the applicant to maintain the approved bond, during the
period of the license, shall automatically terminate the license.
Upon the failure to maintain the approved bond by the applicant, the
Town Board shall have the right to obtain a court order that will
terminate any future disposal, storage or treatment operations (collectively
"operations") and that will require immediate final closure of the
facility. Before acceptance of the bond, the bond shall be approved
by the Town Board.
C.
Prior to any general public hearing on the application for license,
the Town Board shall examine the application and any other plans or
pertinent information submitted by the applicant. The Town Board shall
then commence investigation of the proposed facility.
(1)
The Town Board shall also determine whether or not the granting of
a license in the location described in the application would be a
violation of any zoning regulations of the Town or the county or create
a hazard, nuisance or detriment to the public health or safety of
the residents of the Town. The Town Board shall also determine what,
if any, effects or impacts such proposed facility may have for the
future upon the character of the local neighborhood, traffic conditions,
municipal services and costs, public utility needs, and any other
effects and impacts pertinent to the short-term and long-term health,
environmental, financial, safety and welfare conditions of the Town
and its residents.
(2)
Prior to issuance or denial of any license and at least 90 days after
the Town Board deems the application for license complete, the Town
approves the financial surety and receives the initial application
fee from the applicant, there shall be a general public hearing on
the application for a license.
(3)
The general public hearing shall be conducted under the following
terms:
(a)
A notice shall be given as a Class 3 notice as described in
§ 985.07, Wis. Stats., or it successor provision.
(b)
The cost of publication of any such notice shall be deposited
and paid by the applicant in advance of publication to the Town Clerk.
(c)
A general public hearing shall be held on the date specified
in the notice or any adjourned date; however, such general public
hearing shall be merely advisory to the Town Board in regard to any
determination which may later be made upon any such application for
license.
(d)
The applicant shall have the right to appear at the public hearing
and to describe orally and with written documentation the proposed
facility. The applicant and the Town may be represented by legal counsel
and may present evidence with any witnesses. The testimony of all
witnesses is subject to examination and cross-examination under oath.
The public hearing may, upon request by the applicant or the Town
Board, be recorded, with any expense for the recording to be paid
by the applicant.
D.
The application for license shall be acted upon by the Town Board
within 60 days after the general public hearing, except that if the
Board adopts a siting resolution under § 289.33, Wis. Stats.,
or its successor provisions, the sixty-day period for acting upon
the application as noted above shall not be applicable until a negotiated
written agreement has been signed and approved by all necessary parties
under § 289.33, Wis. Stats., or its successor provisions,
or until an arbitration award by the Wisconsin Waste Facility Siting
Board or its successor agency has been received in writing by the
Town Board.
E.
The Town Board shall evaluate the proposed license for the facility
and any conditions to be attached to the license based on information
provided in the application, additional written information requested
of the applicant by the Town Board, the evidence elicited at the general
public hearing and other pertinent information received from the applicant,
any county, state or federal agency or from any other interested persons.
The Town Board shall specifically consider the following in its determination
on licensure and any conditions which may be attached to the license:
(1)
Reports and recommendations received by the Town Board from other
units or agencies of federal or state government and any agent, counsel
or expert employed or retained by the Town.
(2)
The potential short-term and long-term effects and impacts of the
proposed facility based on the proposed location, including its effects
or impact on the following:
(a)
Existing roads, bridges, traffic flow, traffic patterns, exits,
and designated access routes (both primary and secondary).
(b)
Surface water quality and drainage.
(c)
Groundwater quality and public and private drinking water quality.
(d)
Air quality.
(e)
Adjacent wetlands, floodplains, forests, agricultural and unique
lands, and existing topography and vegetation.
(f)
Current and future land uses and land values.
(g)
Soil erosion.
(h)
Town and county zoning and Town and county planning.
(i)
Town appropriations and revenues.
(j)
Public safety and health of the Town residents.
(k)
Existing wildlife habitat and existing domestic animals.
(3)
The potential for the applicant, based on the application submitted,
to fully comply with the conditions and regulations enumerated in
this article and with all of the conditions included in the license.
F.
All licenses and the conditions written thereunder issued to the
applicant shall be effective and issued for the period from July 1
to June 30 of the next year. The applicant shall reapply to the Town
Clerk for the annual license at least 120 days in advance of the June
30 deadline. The filing procedure and fees established for reapplication
and reissuance shall be the same as the initial application process.
Upon determination by Town Board that the reapplication is complete,
the Town Board may waive the requirements for public hearing and waive
or reduce the application fee.
(1)
The license shall not be transferable. Any transfer of ownership,
operation, maintenance or possession or control of the facility by
the applicant shall automatically terminate the license. No license
shall be issued or reissued by the Town until sufficient proof has
been provided to the Town Board by the applicant that only the applicant
will operate and maintain the facility during the licensure period.
(2)
The license shall not be deemed reissued until the Town Clerk receives
the relicensing fee, written acknowledgment of the receipt of the
reissued license by the applicant and written acknowledgment by the
applicant of the applicant's intent to comply with this article, the
reissued license and each condition attached to the reissued license.
Failure by the applicant to submit written acknowledgment or agreement
to fully comply within 15 days of receipt shall be deemed as withdrawal
of reapplication by the applicant.
A.
Any license issued to an applicant under provisions of this article
may be revoked by the Town Board for any violation of the facility's
license related to operations, mishandling or willful or grossly negligent
release of solid waste or violations of this article. Revocation will
only be effective after a public hearing has been held by the Town
Board upon a published Class 1 notice as defined in § 985.07,
Wis. Stats., or its successor provisions. No hearing shall be required
for termination of the license due to failure of the applicant to
maintain the approved bond, provide written acknowledgement of intent
to comply with the license or the transfer or assignment by the applicant
of ownership, operation, maintenance, possession or control of the
facility. The Town Board may, if necessary, seek to enforce this article
or any license issued under it through court order enjoining any person
or applicant from continued or future construction, operation, maintenance,
transportation, storage, treatment or disposal of solid waste at the
facility, including where the person or applicant has violated any
condition of the license or this article or has caused or contributed
to a public nuisance at or near the facility.
The following general ordinance provisions shall be applicable
to persons constructing, operating, maintaining, closing or providing
long-term care at a facility in the Town or any person transporting
solid waste to and from a facility through the Town.
A.
Transportation requirements.
(1)
No person, including any person licensed by the Town (licensee), shall use any Town roadway as a route of travel for construction, operation, maintenance, closure, or long-term care of a facility or the transportation of solid waste to or from a facility or through the Town, unless that roadway is established and authorized by the Town Board as a designated roadway for travel for such purposes and unless the person fully complies with all Town roadway regulations and orders and obtains a license therefor. The Town Board may condition the effective date of the license under this subsection as specified in § 258-7.
(2)
Any person transporting solid waste or materials for the construction,
operation, maintenance, closure and long-term care of a facility through
the Town shall use vehicles that are closed, constructed, operated
and filled in such a manner to prevent any portion of the solid waste
or other materials from discharging, leaking, spilling, falling or
escaping from the vehicle onto any public or private property in the
Town, including but not limited to any road, street or alley.
(3)
Any person transporting solid waste or the materials for constructing,
operating, maintaining, closing or providing long-term care at a facility
on any Town roadways shall only transport such solid waste or materials
during the hours and days established and authorized by the Town Board.
(4)
Every licensee shall prepare a list of authorized transporters who
will be allowed to transport solid waste or other materials to or
from the facility. The list, which shall contain at least the names,
addresses and telephone numbers of the authorized transporters, shall
be filed with the Town Clerk prior to commencement of operations.
A facility may only accept solid waste from a person whose name, address
and telephone number appear on the facility's list of transporters.
B.
Report requirements.
(1)
Each licensee shall file an annual written report by April 1 with
the Town Clerk with an attached sworn statement verifying the completeness
of the enclosed report, detailing the following: the prior year's
disposal in cubic yards and tons; all storage and treatment activity
at the facility; the type or types of solid waste disposed, stored
or treated during that prior year; the source or sources of any hazardous
waste delivered to, disposed at, stored, accumulated or treated during
that prior year; and the names and addresses of all responsible parties
authorized to manage and control the daily operations. In addition,
the person shall provide any or all of the following if requested
by the Town Board:
(a)
Copies received by the licensee, during the prior year, of any
groundwater, gas, leachate and air quality testing or monitoring data
related to the facility or properties in the vicinity of the facility.
(b)
Copies received by the licensee, during the prior year, of all
correspondence, reports, citizen complaints and inquiries and any
administrative documents and court documents related to the compliance
with federal or state laws or regulations pertaining to storage, treatment,
disposal or handling of solid waste and which pertain to the facility.
(2)
Forms.
(a)
Every licensee shall require all persons transporting solid
waste to or from the facility during operations to complete and sign
a form at the time of entering the facility, noting on the form the
following:
(b)
Copies of these forms shall be kept on the premises at all times
during the operations and shall be available to the Town Board upon
request for review and copying.
(3)
Every licensee shall report during construction, operation, maintenance,
closure and long-term care of the facility within 24 hours, in writing
to the Town Clerk, any information received by the licensee regarding
the following occurrences related to or at the facility:
(a)
Any hazardous wastes not covered by the terms of the license
which enter or exit the facility, whether or not disposed, stored
or treated at the facility.
(b)
Any permanent, emergency or temporary conditions which may or
did require closing of the facility, including for fire, explosion,
other public health or safety conditions or repair or reconstruction
of the facility.
(c)
Any notice or other document relating to a government-ordered
closing of the facility.
(d)
Any transfer or assignment of ownership, possession, control
or operation of the facility.
C.
Operation requirements.
(1)
Notwithstanding licensure under this article, the Town may commence and maintain an action under statutory or common law nuisance against any person, including a licensee, who creates or continues a nuisance at the facility or in the transportation of solid wastes to or from a facility or through the Town. This remedy shall be in addition to the revocation procedures available under § 258-8 above.
(2)
Every licensee shall daily inspect the facility and roadways used
to transport solid waste to or from the facility and, when appropriate,
remove any solid waste disposed or discharged on the roadways or rights-of-way.
(3)
Every licensee shall cover or spray all roads and haulways at the
facility with sufficient and necessary materials, including water,
to eliminate blowing dust.
(4)
Every licensee shall:
(a)
Erect and maintain temporary and permanent fences or take such
other measures as may be appropriate and necessary to control the
blowing of paper and the discharging of other materials from the facility;
(b)
Provide and maintain appropriate and necessary physical and
personnel security protections, including fences and lockable gates;
(c)
Lock any unlocked gates at the facility except during authorized
hours of operation or except during emergencies;
(d)
Conduct the operations in such a manner that dust, dirt, debris
or other materials will not be carried by wind across the boundary
of the facility onto adjoining properties; and
(e)
Provide sufficient cover materials for the solid waste at the
end of each operational day and at such other times of an operational
day when wind conditions warrant, to prevent blowing papers and unsightly
conditions at the facility.
(5)
Every facility shall have an attendant at the facility whenever operations
are occurring. An attendant shall be "on call" to respond to emergencies
whenever operations are not occurring at facility. The licensee shall
provide to the Town Clerk in writing the names, addresses and telephone
numbers of all attendants who will be at the facility during operations
or who will be "on call."
(6)
Every licensee shall provide to the Town Clerk a list of the names,
addresses and telephone numbers of the individuals who are responsible
to manage, control and administer the facility. The list shall be
provided to the Town Clerk prior to the commencement of operations
and updated at least on an annual basis.
(7)
Any licensee who stores materials at a facility must store such materials
in a building and in such a manner as to prevent harborage of rats
or other vermin and to avoid nuisance conditions at the facility.
The licensee shall place all salvaged material into the building on
a daily basis so that no material is left uncovered or uncontained
during the night or on the weekends. The licensee shall exterminate
insects and rodents and shall destroy noxious weeds at the facility
as directed by the Town Board.
(8)
Each licensee shall maintain sufficient firefighting equipment and
other appropriate emergency equipment at all times at the facility.
Each licensee shall immediately begin remediation upon receiving information
that failure to remediate presents a danger or a reasonable threat
of danger to the public health, safety or welfare of any person or
property.
(9)
No licensee may locate, construct, operate or maintain a facility
where any constituents or by-products of the solid waste would seep,
spill, drain, empty, or escape from the facility and/or pollute the
groundwater, surface water or the ambient air.
(10)
Each licensee shall construct, operate and maintain all private
access roads and haulways as all-weather roads and shall maintain
the roads and haulways in all types of weather conditions. Each licensee
shall monitor and test air quality at the perimeters of the facility
as necessary and appropriate or as ordered by the Town Board to prevent
dust, debris or other windblown substances from creating nuisance
conditions on properties bordering the facility.
(11)
No person, including a licensee, may operate or maintain a facility
so that it creates a potential for fire or explosion or the potential
to liberate hazardous or poisonous gases from the facility.
(12)
No person, including a licensee, may knowingly dispose, store
or treat any hazardous waste at a solid waste facility. A licensee
shall separate or isolate from the general solid waste mass all solid
waste which, in combination with another solid or hazardous waste,
may cause a fire, explosion or liberation of a hazardous or poisonous
gas.
(13)
No person may construct, operate or maintain any buildings or
any equipment at a facility other than buildings and equipment appropriate
and necessary for the construction, operation, maintenance, closure
and long-term care of the facility. A facility may not be used for
the storage of unrelated vehicles, equipment or materials. No person,
including a licensee, may construct, operate or maintain a facility
or allow any other person to operate or maintain any business, occupation,
enterprise or operation at the facility, except that the specific
use be authorized by the license.
(14)
Each licensee shall make all reasonable efforts to cover with
clean earthen fill material all holes or ponds within the facility
to the existing topography, except for the active fill area and except
for a sedimentation basin designed and constructed to accept surface
drainage from the facility. No licensee may discharge the water or
sediment from a sedimentation basin into any surface water until that
surface water discharge has been approved by the DNR.
(15)
Each licensee shall maintain and not remove or cause to have
removed from the facility, except at the active fill area, any topsoil.
Topsoil removed by the licensee from the active fill area shall not
be removed from the facility.
(16)
A licensee shall provide and maintain sufficient landscaping
for the purpose of providing natural noise and natural aesthetic visual
barriers at the facility. In the event the noise and aesthetic visual
barriers are lost or destroyed for any reason, the licensee shall,
as soon as weather conditions permit, replace these natural barriers
with new natural barriers that have been approved by the Town Board.
(17)
A licensee shall plant and replant, as necessary and appropriate,
all berms, if any, at the facility with grass or other appropriate
vegetation to prevent or reduce erosion.
(18)
A licensee shall allow the Town Board or its designated representative(s)
access to the site for inspections at any reasonable time that access
is requested. A licensee shall provide the Town Board or its designated
representative access to and the opportunity to review and copy any
analysis of wastes, stored materials, soils, leachate, groundwater,
surface water, or dust which was made pursuant to a requirement of
this article or the facility's federal, state or Town license or to
investigate any complaint about nuisance conditions and to take samples
of the above-noted materials for analysis.
(19)
No person, including the licensee, may dispose, store or treat
any polychlorinated biphenyls (PCBs), any dioxins or any radioactive
material at a facility or at any other location within the Town. This
prohibition does not prevent the use of PCB-containing materials,
provided such use is in conformance with the Toxic Substances Control
Act and its implementing regulations.
(20)
Each licensee shall provide and maintain at least one functional
automatic security light and telephone and electrical services (services),
at its expense, within the facility for lighting during non-daylight
hours. The security light and services shall be installed and operational
prior to commencement of any operations.
(21)
Every licensee shall, at its expense, install and maintain at
or near the entrance to the facility a sign which shall contain a
statement in large letters of at least 12 inches in height that reads
"No Hazardous and Other Unauthorized Solid Waste Is Accepted." The
licensee shall keep the sign clean, visible and readable to those
entering the facility. This sign shall be installed prior to commencement
of operations.
(22)
No person, including a licensee, may construct, install or maintain
in the Town any signs that will identify the existence or location
of the facility, except those signs otherwise noted in this article
or the Town's Zoning Ordinance or required by the DNR and approved
by the Town Board.
(23)
No licensee may conduct or allow open burning at a facility
unless written approval of the Town Board has been granted.
D.
Financial requirements.
(1)
Each licensee shall reimburse the Town for all additional reasonable
costs which are not covered by application and renewal fees and which
are incurred by the Town in issuing the license or monitoring compliance
therewith, including but not limited to the following: the cost of
responding to or acting upon any fires, discharges, explosions, accidents,
hazards, or other emergency needs at the facility and the costs of
investigating complaints about the operations. The Town, after incurring
these costs, shall determine the reasonable costs to be reimbursed
by the licensee.
(2)
The Town, during the license period, shall not be obligated, nor
shall it have any duty or responsibility to the licensee, to acquire
or supply any additional or specialized machinery or equipment to
be used for occurrences such as fires, accidents, explosions, discharges
or hazards, or to be used for the other emergency needs at or near
the facility.
(3)
The Town shall not be obligated, nor shall it have any duty or responsibility
to the licensee, to employ or retain any additional or specialized
personnel to be used for discharges or hazards or to be used for other
emergency needs at or near the facility.
Any person, firm, or corporation violating any of the provisions
of this article shall, upon conviction, be fined not less than $75
nor more than $1,000 for each offense. Each violation of a provision
of this article or a condition of a license is a separate offense.
Each day of a violation of a provision or condition shall constitute
a separate offense under this article. Imprisonment for any person
in the county jail can be ordered only for failure to pay the fine
which may be imposed. If imprisonment is ordered for failure to pay
the fine, it shall be limited to one day of confinement for each $25
of fine or fraction thereof. In addition to any other penalty for
violating this article, the cost of abating a public nuisance by the
Town shall be assessed as a special charge against the real estate
in the Town of a person, firm, or corporation causing such nuisance.
In addition to any other legal relief available to the Town for violation
of this article, the Town Board may take appropriate legal action
or proceedings to recover damages, to abate and remove any nuisance
and to enjoin further violations of this article.
This article is enacted pursuant to §§ 60.10(2),
60.22(5), 60.54, 60.555, 66.0119, 66.0407 and 66.0415, Wis. Stats.
[Adopted 5-13-1997 as Ch. 9 of the 1997 Code; amended July 2007]
The purpose of this article is to promote recycling through
the administration of an effective recycling program, as provided
in § 287.11, Wis. Stats., and Chapter NR 544, Wisconsin
Administrative Code.
This article is adopted as authorized under Ch. 287, Wis. Stats.
It is not intended by this article to repeal, abrogate, annul,
impair or interfere with any existing rules, regulations, ordinances
or permits previously adopted or issued pursuant to law. However,
whenever this article imposes greater restrictions, the provisions
of this article shall apply.
In their interpretation and application, the provisions of this
article shall be held to be the minimum requirements and shall not
be deemed a limitation or repeal of any other power granted by the
Wisconsin Statutes. Where any terms or requirements of this article
may be inconsistent or conflicting, the more restrictive requirements
or interpretation shall apply. Where a provision of this article is
required by Wisconsin Statutes, or by a standard in Chapter NR 544,
Wisconsin Administrative Code, and where the article provision is
unclear, the provision shall be interpreted in light of the Wisconsin
Statutes and the Chapter NR 544 standards in effect on the date of
the most recent text amendment to this article.
The requirements of this article apply to all persons within
the Town of Pittsfield.
The provisions of this article shall be administered by the
Town of Pittsfield.
The provisions of this article shall take effect on January 1, 1995, except that the provisions of this article requiring the separation of rigid plastic containers identified in § 258-20 with SPI Code Nos. 3, 4, 5, 6 and 7 shall take effect on January 1, 1996.
As used in this article, the following terms shall have the
meanings indicated:
A container for carbonated or malt beverages that is made
primarily of a combination of steel and aluminum.
Corrugated paperboard used in the manufacture of shipping
containers and related products.
Packaging made primarily from foam polystyrene that satisfies
one of the following criteria:
High-density polyethylene, labeled by the SPI Code No. 2.
Low-density polyethylene, labeled by the SPI Code No. 4.
Magazines and other materials printed on similar paper.
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator,
furnace, boiler, dehumidifier, water heater or stove.
Infectious waste, as defined in § 287.07(7)(c)1c,
and other waste that contains or may be mixed with infectious waste.
A property containing five or more residential units, including
those which are occupied seasonally.
A newspaper and other materials printed on newsprint.
Commercial, retail, industrial, institutional and governmental
facilities and properties. This term does not include multiple-family
dwellings.
High-grade printing and writing papers from offices in nonresidential
facilities and properties. Printed white ledger and computer printout
are examples of office paper generally accepted as high grade. This
term does not include industrial waste.
Resins labeled by the SPI Code No. 7.
Includes any individual, corporation, partnership, association,
and local government unit, as defined in § 66.0131(1)(a),
Wis. Stats., state agency or authority or federal agency.
Polyethylene terephthalate, labeled by the SPI Code No. 1.
An individual, separate, rigid plastic bottle, can, jar or
carton, except for a blister pack, that is originally used to contain
a product that is the subject of a retail sale.
Solid waste other than solid waste generated in the production
of goods, hazardous waste, as defined in § 291.01(7), Wis.
Stats., waste from construction and demolition of structures, scrap
automobiles, or high-volume industrial waste, as defined in § 289.01(17),
Wis. Stats.
Polypropylene, labeled by the SPI Code No. 5.
Polystyrene, labeled by the SPI Code No. 6.
Polyvinyl chloride, labeled by the SPI Code No. 3.
Includes lead acid batteries; major appliances; waste oil;
yard waste; aluminum containers; corrugated paper or other container
board; foam polystyrene packaging; glass containers; magazines; newspaper;
office paper; rigid plastic containers, including those made of PETE,
HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins; steel
containers; waste tires; and bimetal containers.
A system in which all paper fibers, plastics, metals, and
other containers that are allowed are mixed in a collection truck.
Has the meaning specified in § 289.01(33), Wis.
Stats.
Has the meaning specified in § 289.01(35), Wis.
Stats.
Any method, technique or process which is designed to change
the physical, chemical or biological character or composition of solid
waste. "Treatment" includes incineration.
A tire that is no longer suitable for its original purpose
because of wear, damage or defect.
Leaves, grass clippings, yard and garden debris and brush,
including clean woody vegetative material no greater than six inches
in diameter. This term does not include stumps, roots, or shrubs with
intact root balls.
Occupants of single-family and two- to four-unit residences,
multiple-family dwellings and nonresidential facilities and properties
shall separate the following materials from post-consumer waste:
A.
Lead acid batteries.
B.
Major appliances.
C.
Waste oil.
D.
Yard waste.
E.
Aluminum containers.
F.
Bimetal containers.
G.
Corrugated paper or other container board.
H.
Foam polystyrene packaging.
I.
Glass containers.
J.
Magazines.
K.
Newspaper.
L.
Office paper.
M.
Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and
other resins or multiple resins.
N.
Steel containers.
O.
Waste tires.
The separation requirements of § 258-20 do not apply to the following:
A.
Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties that send their post-consumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 258-20 from solid waste in as pure a form as is technically feasible.
B.
Solid waste which is burned as a supplemental fuel at a facility
if less than 30% of the heat input to the facility is derived from
the solid waste burned as supplemental fuel.
To the greatest extent practicable, the recyclable materials separated in accordance with § 258-20 shall be clean and kept free of contaminants such as food or product residue, oil or grease, or other nonrecyclable materials, including but not limited to household hazardous waste, medical waste, and agricultural chemical containers. Recyclable materials shall be stored in a manner which protects them from wind, rain, and other inclement weather conditions.
Occupants of single-family and two- to four-unit residences,
multiple-family dwellings and nonresidential facilities and properties
shall manage lead acid batteries, major appliances, waste tires, waste
oil, and yard waste as follows:
A.
Lead acid batteries shall be taken to a retail business that sells
batteries.
B.
Major appliances may be disposed of by transporting to the Brown
County Landfill and the Town shall not be responsible for the cost
of disposal.
C.
Waste tires may be disposed of by transporting to the Brown County
Landfill and the Town shall not be responsible for the cost of disposal.
D.
Waste oil shall be disposed of by transporting to a site approved
by the State of Wisconsin or the Wisconsin Department of Natural Resources
and the Town shall not be responsible for the cost of disposal.
E.
Yard waste shall be disposed of by the property owner or occupant
by composting.
A.
Recyclable waste shall be collected by the Town from all residential
properties up to and including four dwelling units, provided such
waste is properly separated, handled, prepared, contained, stored
and located in conformance with this article. The schedule for and
frequency of pickup shall be determined by the Town Board.
B.
Recyclable waste shall not be collected from buildings containing
five or more dwelling units.
C.
Recyclable waste to be collected by the Town shall be placed curbside
or on the roadside at the front of the drive to the property serviced.
The Town or its contractor has the right to reject and leave
at curb or roadside any materials not in accordance with this article.
A.
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 258-20E through O:
(1)
Provide adequate, separate containers for the recyclable materials.
(2)
Notify tenants in writing at the time of renting or leasing the dwelling
and at least semiannually thereafter about the established recycling
program.
(3)
Provide for the collection of recyclable materials separated from
solid waste by the tenants and the delivery of the materials to a
recycling facility.
(4)
Notify users, tenants and occupants of reasons to reduce and recycle,
which materials are collected, how to prepare materials in order to
meet the processing requirements, collection methods or sites, locations
and hours of operation, and a contact person or company, including
a name, address and telephone number.
B.
The requirements specified in Subsection A do not apply to the owners or designated agents of multiple-family dwellings if the post-consumer waste generated within the dwelling is treated at a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 258-20E through O from solid waste in as pure a form as is technically feasible.
No person may dispose of in a solid waste disposal facility or burn in a solid waste disposal facility or burn in a solid waste treatment facility any of the materials specified in § 258-20E through O which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.
It shall be unlawful for any person, unless under contract with
or licensed by the Town, to collect or remove any recyclable material
that has been disposed or placed at the front of the driveway or in
a container adjacent to a home or nonresidential building for the
purposes of collection for recycling.
A.
It shall be unlawful for any person to dispose of or dump recyclables
in any street, alley or other public place within the Town or in any
receptacles or private property without the owner's consent unless
they are placed in bags or containers in the manner and at the times
specified by this article.
B.
No person shall place for collection any recyclables at or near the
front of the driveway of a property not owned or occupied by such
person.
It shall be unlawful to burn or bury solid waste and recyclables
within the limits of the Town, except that clean wood and paper may
be burned in accordance with the fire control provisions of the Town's
ordinances.
It shall be unlawful to bring recyclables and nonrecyclables
from outside the limits of the Town inside the Town limits unless
authorized by agreement with the Town.
The Town may establish fees for service recipients for the payment
of collection services for solid waste and recyclables. Fees shall
be assessed on a per-household basis and be charged on the real estate
taxes as a special assessment on an annual basis.
A.
For the purpose of ascertaining compliance with the provisions of
this article, any authorized officer, employee or representative of
the Town of Pittsfield may inspect recyclable materials separated
for recycling, post-consumer waste intended for disposal, recycling
collection sites and facilities, collection vehicles, collection areas
of multiple-family dwellings and nonresidential facilities and properties,
and any records relating to recycling activities, which shall be kept
confidential when necessary to protect proprietary information. No
person may refuse access to any authorized officer, employee or authorized
representative of the Town of Pittsfield who requests access for purposes
of inspection and who presents appropriate credentials. No person
may obstruct, hamper, or interfere with such an inspection.
B.
Any person who violates a provision of this article may be issued
a citation by local law enforcement officers and/or other responsible
unit officers to collect forfeitures. The issuance of a citation shall
not preclude proceeding under any other ordinance or law relating
to the same or any other matter. Proceeding under any other ordinance
or law relating to the same or any other matter shall not preclude
the issuance of a citation under this subsection.
