[Adopted 7-13-1971 by Ord. No. 194 (§ 11.03 of the 1964 Code)]
As used in this article the following terms shall be construed as indicated below:
COMBUSTIBLE WASTE
All waste substances capable of incineration or burning, but excluding explosive or highly flammable material.
GARBAGE
All animal and vegetable waste and all putrescible matter.
NONCOMBUSTIBLE WASTE
All other waste substances not capable of incineration or burning, including ashes, glass, metal, earthenware and the like.
REFUSE
All waste substances including garbage as well as combustible and noncombustible waste.
SALVAGEABLE MATERIAL
Discarded material no longer of value as intended but which is stored or retained for salvage, sale or future reuse.
SANITARY LANDFILL
A type of operation in which refuse is deposited by plan in a pit or excavation of open land, is compacted by force applied by mechanical equipment, and then is covered by a layer of earth, ashes, or suitable covering material to a depth of at least two feet.
TOXIC AND HAZARDOUS WASTES
Waste materials such as pesticides, acids, caustics, pathological wastes, radioactive materials, flammable or explosive materials, and similar chemicals and harmful wastes which require special handling and disposal to protect and conserve the environment.
[Amended 7-16-1988 by Ord. No. 615]
A. 
It shall be unlawful to maintain, operate or permit the maintenance or operation of a sanitary landfill, or any place for the disposal of garbage or refuse, or to commence any part of a siting procedure for the same anywhere in the City or in any unincorporated area within four miles of the City limits without first receiving a license therefor from the City, and it shall be unlawful to maintain, operate or permit the maintenance or operation of any such place in violation of any provisions of this article.
B. 
Upon application for a license as provided herein, the applicant shall file with the City an administrative fee in the sum established by resolution of the Common Council, said fee being in addition to the annual license fee and any other fee or bonds required by this article. The administrative fee shall be applied towards expenses incurred by the City in the siting of the landfill in question, including but not limited to expenses incurred regarding the following:[1]
(1) 
Review of site and operation plans.
(2) 
Negotiations and arbitration.
(3) 
Proceedings of any other government agency.
(4) 
Court proceedings.
(5) 
Attorney fees.
(6) 
Engineering fees.
(7) 
Other expert fees.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
At reasonable times and after being given reasonable notice by the City, the applicant shall replenish the account containing the administrative fee in order to return the account balance to the amount established by the Common Council. At no time shall the account balance drop below $20,000.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Upon completion of the siting process, all funds remaining in the administrative fee fund shall continue to be held by the City and shall be used to defray any subsequent expenses incurred by the City as to the landfill site.
The annual fee for such license shall be established by resolution of the Common Council, payable in full upon issuance of the license by the Clerk. No such license shall be issued except on direction by the Common Council. Each license shall expire annually on the 30th day of August. In addition, a fee established by resolution of the Common Council shall accompany the application to defray the expenses of processing the same. Application for renewal for any landfill license shall be filed with the City Clerk not later than July 15 and shall be accompanied by payment of a fee established by resolution of the Common Council. The Plan Commission shall hold a public hearing before granting a renewal of such license, in accord with the provisions of § 350-6 thereof.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
No such license shall be issued or effective unless there is on file with the City a cash bond with a corporate surety in penal amount of $25,000 to assure that:
(1) 
The licensee, his agents and servants will comply with all of the terms, conditions, provisions, requirements and specifications contained in this article.
(2) 
The licensee, his agents and servants will faithfully operate the sanitary landfill for which the license is issued in accordance with the provisions of this article.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
The licensee, his agents and servants will save harmless the City from any expense incurred through failure of the licensee, his agents and servants to operate and maintain the sanitary landfill as required by this article, including any expense the City may be put to for correcting any condition or violation of this article by the City's own labor and equipment, or firefighting equipment, whenever the City Engineer determines it is necessary for the City to correct any condition in violation of this article, or from any damages growing out of the negligence of the licensee or his agents or servants.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Approval of bond; insurance.
[Amended 12-13-1988 by Ord. No. 627]
(1) 
Before acceptance, all bonds shall be approved by the City Attorney. If a corporate bond is offered, it shall be executed by a company authorized to transact business in the state as a surety. If a cash bond is offered, it shall be deposited with the Treasurer of the City, who shall give his official receipt therefor, reciting that said cash has been deposited in compliance with and subject to the provisions of this article.
(2) 
The applicant shall also file with the City Clerk proper evidence showing that such applicant has public liability insurance in the sum of not less than $5,000,000. The form of the public liability insurance required shall be approved by the City Attorney before a license is issued.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Applications for such licenses shall be filed with the City Clerk in triplicate and shall include the following:
(1) 
A legal description of the land on which the disposal of refuse is proposed, together with names and addresses of all owners and persons having a security interest in said lands.
(2) 
A plot plan of the site showing the following:
(a) 
Dimensions.
(b) 
Existing and proposed roadways and easements.
(c) 
Existing topography and watercourses.
(d) 
A diagram and written statement explaining proposed location and extent of earthwork and fill operations.
(e) 
Location and depth of soil borings.
(f) 
Proposed trenching plan or original fill face.
(g) 
Location of winter cover stockpiles, garages, sheds and equipment areas.
(h) 
Cross sections shall be included on the plot plan or on separate sheets showing both the original and proposed fill elevations. The scale of the plot plan shall not be greater than 200 feet per inch.
(3) 
A description of the sequence and plan of operation.
(4) 
A map or aerial photograph of the area showing land use and zoning within 1/4 mile of the perimeter of the solid waste disposal site.
(5) 
A report shall accompany the plans indicating:
(a) 
Population and area to be served by the proposed site.
(b) 
Estimated daily or weekly volume, source and description of material to be disposed of at the site and the total cubic feet of air space available for filling at the time of the application.
(c) 
Geological formations and groundwater elevations to a depth of at least 10 feet below proposed excavation and lowest elevation of the site. Such data shall be obtained by soil borings or other appropriate means.
(d) 
Source and characteristic of cover material and method of protecting cover material for winter operation.
(e) 
Type and amount of equipment to be provided at the site for excavating, earthmoving, spreading, compaction, firefighting, rodent control and other needs.
(f) 
Persons responsible for actual operation and maintenance of the site and intended operating procedures.
(6) 
Availability of water supply.
(7) 
Plans for fire, nuisance and vermin control.
(8) 
Existing and proposed roadways and easements.
(9) 
Such other information as may be required by the Plan Commission.
B. 
Copies of the application shall be forwarded by the City Clerk to the Plan Commission for its study and recommendation.
C. 
Financial information. In addition to all information required under this section, any licensee shall also provide detailed financial information for review by the City. This information shall include an audited financial statement and audited financial history prepared by a certified public accountant. The licensee shall also provide documentation that it has been in existence a minimum of five years, that it has been in the business of operating landfills for those five years, and that it can operate landfills without a loss. The above information shall be reviewed by the City accounting staff to determine whether, under standard accounting principles, the licensee has a satisfactory debt/equity ratio, has sufficient financial resources to assume control and operate a landfill site and has a net worth comparable to standards for landfill operators. The City accounting staff shall prepare a report on the financial information provided and submit the report to the Plan Commission prior to the public hearing provided in § 350-6.
[Added 12-13-1988 by Ord. No. 627]
The Plan Commission shall, within 30 days of the referral to it, hold a public hearing upon said application. Notice of said hearing shall be published as a Class 2 notice in the official City newspaper and shall be mailed to the owners of all lands, as shown by the City tax rolls, within 300 feet of any part of the land included in the proposed landfill site at least 10 days before such hearing. Failure to give such notice shall not invalidate any license issued hereunder. The Plan Commission shall report to the Common Council as to the effect of such proposed use upon the character of the neighborhood, the traffic conditions, public utility facilities, and other matters pertaining to the general welfare.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
In the operation or maintenance of any landfill disposal site in the City or in an unincorporated area within four miles of the City limits, all of the following rules and regulations shall be complied with:
A. 
The site shall be surrounded by rapidly growing trees, shrubbery, or other appropriate means to screen it from the surrounding area and to provide a natural windbreak.
B. 
All garbage and other refuse shall be thoroughly compacted by equipment of a size and weight capable of compacting each single layer of garbage or refuse to depth of approximately two feet. No more than three compacted layers may be placed prior to covering.
C. 
Such equipment shall have sufficient weight and capacity to carry out all necessary operations to the satisfaction of the enforcement officer. Sufficient auxiliary equipment shall be maintained on the site or otherwise available to permit operation in case of a breakdown.
D. 
Solid waste shall be compacted and covered after each day of operation; cover material will consist of earth, loam, clay, sand, or a mixture of at least 50% earth and other inert materials, such as ashes, cinders or gravel. A minimum depth of 12 inches of compacted cover and spread cover material shall be kept on all inactive faces of the landfill at all times. The active faces of the landfill should be covered at the end of each day's operation with at least six inches (before compaction) of cover material. Surface water drainage shall be diverted around the landfill area.
E. 
Putrescible materials such as spoiled foods and animal carcasses shall be immediately covered and compacted as indicated in this section.
F. 
The areas shall be continually policed to prevent fire and the blowing of papers; shall be neat and sanitary at all times; and shall be covered at the end of each day's operation, as well as when wind conditions warrant it through the day, with sufficient material to prevent blowing papers and unsightly conditions. The size of the active face on which refuse is being currently deposited shall be kept to a minimum. The licensee or operator shall erect such temporary or permanent fences or take such other measures as may be necessary to control blowing of paper and other materials from the landfill.
G. 
Effective vector and rodent control shall be maintained at all times.
H. 
Open burning of solid waste is prohibited unless otherwise approved by the City Engineer.
I. 
Adequate firefighting equipment shall be available at all times on the site. Arrangements shall also be made with the local fire protection agency to immediately acquire its service when needed.
J. 
No sanitary landfill operation shall be placed where seepage, drainage or pumping of any material from the fill would constitute an odor, nuisance or health hazard.
K. 
The licensee shall provide an access road, approved by the City Engineer, that is passable in all types of weather conditions to the landfill site.
L. 
The license holder shall also have available necessary equipment to assure that traffic may be maintained on the access road or roads during periods of heavy rain or snowfall. The license holder shall also take precautions to eliminate excess dust in dry weather, during operation of the landfill.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
M. 
Any materials salvaged from the fill must be stored in a building on or off the site in such a manner as to prevent rat harborage and permit proper operation of the landfill. Such storage building must be at least 200 feet from the working surface so as not to interfere with the compacting and covering. All salvaged material must be daily placed within the building provided so that none is left uncovered during the night or on weekends.
N. 
An attendant shall be on duty at the site at all times while it is open for public use.
O. 
A gate shall be provided at the entrance to the site and kept locked when an attendant is not on duty.
P. 
A sign identifying and showing the state license number of the site and indicating the hours during which the site is open for public use, penalty for nonconforming dumping, emergency telephone number, and other pertinent information shall be posted at the site entrance.
A. 
Within one week after final termination of a site, or a major part thereof, the area shall be covered with at least two feet of compacted earth material adequately sloped to allow surface water runoff.
B. 
The finished surface of the filled area shall be covered with adequate topsoil and seeded with native grasses or other suitable vegetation immediately upon completion, or immediately in the spring on areas terminated during winter conditions. If necessary, seeded slopes shall be covered with straw or similar material to prevent erosion.
C. 
Prior to completion of a sanitary landfill site, the City Engineer shall be notified in order that a site investigation may be conducted by the City before earthmoving equipment is removed from the property.
D. 
Following the completion and abandonment of the sanitary landfill site, inspection and maintenance shall be continued by the landfill owner or operator until the fill becomes stabilized; weekly inspections shall also be made by the City Engineer.
E. 
Where the trench system of sanitary landfill is used, successive parallel trenches must be at least two feet apart.
All garbage and refuse existing on the site at the time the license is issued either in the form of an open dump or any other form shall be collected, compacted, and covered with cover material at least one foot in depth, if below the desired finished grade, or with inert material at least two feet in depth at the finished grade. This cover operation shall be completed within 15 working days after the issuance of a special permit for the sanitary landfill, except that additional time may be granted by the Common Council after recommendation of the Plan Commission.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
No toxic and hazardous wastes as defined herein shall be disposed on any landfill site or at any other location within the City.
It shall be unlawful to dump or dispose of any refuse or garbage except in a properly constructed incinerator or in a licensed landfill within the City or within one mile of the City limits.
The City Engineer and Zoning Administrator jointly or severally shall be charged with the enforcement of this article and shall make any inspection necessary to that end and shall have the authority to enter upon any licensed premises at any time for the purpose of determining compliance with the terms of the license.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Any license which shall be issued hereunder shall be subject to revocation for cause by the Council at any time following a hearing at a regular or special meeting of the Council. Notice of any proceeding for revocation of any license issued hereunder shall be addressed to the address of such license holder appearing upon the application for such license on file with the City Clerk at least 10 days before said hearing, and such notice shall be mailed by certified mail. The Council following such hearing and upon determination that the manner of use or operation of the landfill is such that this article or any portion thereof and any other ordinances of the City applicable thereto have been violated or that any of the rules and regulations promulgated by the Council as conditions for granting of such license have not been complied with may revoke the license or impose additional regulations designed to eliminate the violation(s) complained of.
B. 
In the event of the revocation of any license as herein provided, the holder of such license shall cover with a suitable material all refuse deposited within said landfill to a depth of at least 24 inches and in the same manner as though the ultimate grade of the fill were reached as provided in this article. If the holder of any license fails to comply with such requirements the Council may cause such fill to be completed as herein provided and the holder of such license shall pay all costs and expenses in connection therewith. If the license holder does not pay the costs and expenses incurred by the City within 30 days from the date of billing, the City may then resort to the bond filed for payment.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 12-13-1988 by Ord. No. 627[1]]
No license issued pursuant hereto shall be assignable or inure to the benefit of any other than the person to whom the license was originally issued without the approval of the Common Council. Such license shall not be transferable from one premises to another.
A. 
The license granted hereunder shall not be assigned or transferred, either in whole or in part, or leased, sublet or mortgaged in any manner, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person, either by the act of the license holder or by operation of law, without the consent of the City. Prior to the City granting its consent, the prospective controlling party must provide the administrative fee as provided in § 350-2B and the bond and liability insurance as provided in § 350-4 of this article. The fact that the City consents to a transfer once does not waive the consent requirement for a subsequent transfer, and each subsequent transfer is subject to the above consent requirement.
B. 
The license holder shall promptly notify the City of any actual or proposed change in, or transfer of, or acquisition by any other party of, control of the license holder. The word "control" as used herein is not limited to majority stock ownership but includes actual working control in whatever manner exercised. A rebuttable presumption that a transfer of control has occurred shall arise upon the acquisition or accumulation by any person or group of persons of 10% of the voting shares of the license holder in any one transaction. Every change, transfer or acquisition of control of the license holder shall make the license subject to cancellation unless and until the City shall have consented thereto. For the purpose of determining whether it shall consent to such change, transfer or acquisition of control, the City may inquire into the qualifications of the prospective controlling party, and the license holder shall assist the City in any such inquiry. The prospective controlling party shall submit to the City, within 30 days of notice of the proposed transfer, the financial information required under § 350-5C of this article. Said information shall be reviewed in the same manner as provided in § 350-5C, and the same standards shall apply to a prospective controlling party as to an initial licensee. If the City does not schedule a hearing on the matter within 60 days after receiving the prospective controlling party's financial statement, it shall be deemed to have consented. In the event that the City adopts a resolution denying its consent and such change, transfer or acquisition of control has been effected, the City may revoke the license unless control by the original license holder gains a status which is accepted by the City.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
In the event of any conflict between the provisions and the regulations of this article and of the State of Wisconsin solid waste disposal standards, the stricter regulations shall apply.
Any person, firm or corporation violating any provision of this article shall be subject to a penalty as provided in § 1-4 of this Code, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. This section is in addition to § 350-13 hereof.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).