City of New Berlin, WI
Waukesha County
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Table of Contents
Table of Contents
As used in this article, the following terms shall have the meanings indicated:
APPLICANT
The person or entity who is the owner or operator of or applicant for a landfill license or site.
DNR
The Wisconsin Department of Natural Resources.
GARBAGE
Any dead carcasses, carrion, meat, fish, entrails, slops, dirty water or other nauseous or unwholesome matter, discarded food or vegetable products, either for human or animal consumption, or any other form of meat, fish, fruit, vegetable or manufactured food used or intended for use for human and animal consumption.
LANDFILL
Any garbage and trash disposal site or facility where garbage or trash is disposed. Such activity shall be performed without creating nuisances or hazards to public health, safety or welfare by utilizing the principles of engineering to confine the garbage or trash to the smallest practicable area to reduce it to the smallest practicable volume and to cover it with a layer of earth or other cover material as approved by the DNR.
TRASH
Any rubbish, ashes, paper, dirt, stones, bricks, manure, tin cans, boxes, barrels or similar substances; oil, kerosene, benzine or other similar oily or liquid substances; metal and discarded portions of motor vehicles and other junk; wood, brush and any form of discarded vegetation; foundry sand, industrial waste and other waste products.
No person shall deposit any trash or garbage within the City unless securely enclosed in a suitable container, provided the owner or occupant of any premises being used for farming purposes may store manure on such premises for use in connection with the farming operations. Garbage may be stored in a metal container, which shall be securely closed at all times for a period not to exceed 10 days.
[Amended 6-19-2001 by Ord. No. 2142]
Garbage may be disposed of by discharge into a public or private sewer system through a garbage disposal approved by the Plumbing Inspector.
No garbage shall be disposed of by burying the same within 400 feet of any residential structure or within 200 feet of any federal, state or county highway or City street nor upon any church grounds, school grounds or City-owned land.
No person shall operate a private landfill or dispose of trash or garbage on any property unless a permit therefor has been granted by the City Council. Vegetative agricultural products and animal manure are exempt on farm property as defined in §§ 275-32B(1) and (2) and 275-33B of this Code.
A. 
Application for a permit hereunder shall be filed with the City Clerk.
B. 
The application shall state:
(1) 
Name, residence and address of the applicant.
(2) 
A legal description of the lands upon which such disposal of trash or garbage is proposed.
(3) 
The applicant's right to use such premises.
(4) 
Statement of the type of operations proposed.
(5) 
Whether the applicant proposes to operate such landfill individually and, if not, the names and addresses of his associates, partners or joint venturers.
(6) 
Such other information and conditions as required by this article and other sections of this Code. If the applicant is a corporation, such information respecting stock ownership, the name, residence and address of each stockholder, identification of the Board of Directors and officers of the corporation and the name, residence and address for each such Director or officer shall be provided.
C. 
Upon filing of the application, the City Clerk shall refer the application to the City Council. It shall then be referred by the Council to the Plan Commission, City Engineer and Director of Building, Inspection and Zoning or his designee.
D. 
The Plan Commission shall consider the application and make its recommendations to the City Council in the manner provided by § 275-15 of this Code. The Plan Commission shall submit with its recommendations a proposed plan of operation for the site identified in the application.
E. 
The City Engineer and Director of Building, Inspection and Zoning or his designee shall take all reasonable efforts to report to the City Council within 90 days after the matter has been referred.
A. 
Before acting upon any application, the Council shall review the application and instruments submitted therewith and the reports and recommendations of the Plan Commission and the City Engineer.
B. 
Prior to the commencement of the construction of any landfill within the City, the owner/operator of the proposed landfill shall obtain from each lake, stream, creek, watercourse and private, residential agricultural and commercial water well a water sample for complete chemical analysis. These water samples shall be taken from each of the aforementioned water sources within a one-mile radius of the exterior boundaries of the property acquired for the construction of the landfill. These samples shall contain the exact location from which they were obtained, the name and address of the property owner who owns the land from which the water sample was taken and the name and address of the principal user of the water well if different from the owner of the property upon which the well is located. The owner/operator of the proposed landfill shall turn these samples over to a properly accredited laboratory for complete analysis, shall be certified by the laboratory and then filed with the City Clerk for the purpose of future reference should there at some later date be suspected groundwater contamination. In addition, copies of all DNR required well monitoring test results shall be promptly delivered to the City after such results are obtained by the owner or owner's engineers or agents.
C. 
If the City Council determines that the use or operation of the landfill would disturb the peace and quiet or adversely affect the public health, safety, welfare or morals of the City or any portion thereof, it shall deny the application by action entered in the minutes of the City Clerk. Otherwise, it shall approve and grant the permit. The Council may as a condition to the granting of such permit impose any rules and regulations as are necessary to prevent the operation of such landfill from becoming a nuisance and to prevent the same from adversely affecting the public health, safety, welfare or morals of the community or any portion thereof.
Before a permit shall be issued, the applicant shall file with the City Clerk a surety bond in an amount determined by the City Council conditioned upon and as a guaranty that the applicant will fully abide by all of the terms and provisions of this article or any other ordinance of the City applicable thereto and any rules and regulations imposed by the Council as conditions for granting such permit. The bond shall be filed with the City Clerk and shall be maintained in effect for a period of not less than 20 years following final closure and termination of sanitary landfill activities. 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 $1,000,000. Such liability insurance shall be filed with the City Clerk and shall be maintained in effect for a period of not less than 20 years following final closure and termination of sanitary landfill activities. The form of the bond and the public liability insurance required shall be approved by the City Attorney before a permit is issued or reissued. Evidence of insurance shall provide that the coverage may not be canceled, except upon the giving of 30 days' notice to the City.
A fee as set by the Common Council shall be charged to the applicant for a landfill permit to defray the costs of investigation, publication and posting of notices required by this article. This fee shall be deposited by the applicant with the City Clerk at the time the application for such permit is filed. If a permit is granted, a permit fee as set by the Common Council shall be paid to the City Clerk before a permit is issued. Permits shall be dated as of the date of issuance and shall expire on the following June 30. Application for renewal of any landfill permit shall be filed with the City Clerk not later than May 15 and shall be accompanied by payment of a fee as set by the Council. If the Council desires to hold a public hearing before granting a renewal of such permit, the procedure with reference to the hearing on the application for such permit as provided in this article shall apply, except the Council need not require a hearing by the Plan Commission and an investigation by the City Engineer and Director of Building, Inspection and Zoning or his designee as required upon an application for such permit as set forth in this article.
No landfill shall be used and operated in such manner as to disturb the public peace and quiet or adversely affect the health, safety, welfare or morals of the community or any portion thereof by reason of excessive or uncontrolled noise, odors, dust, dirt or waste materials, the hours of operation thereof or for any other reason. In no case shall hazardous waste as defined in § NR 180.04, Wis. Adm. Code, as may be changed from time to time, be disposed, dumped, deposited or used as fill on any land in the City, except as permitted by Chapter 133, Hazardous Waste, §§ 133-1 to 133-10.
All landfills shall be operated by the sanitary landfill method which is a planned and organized method of disposing of all types of nonsalvageable waste materials. This method of disposal is a means of controlling the rat, mice, fly, mosquito, odor, dust, fire and smoke problems common to uncontrolled disposal of refuse in the open landfill and such disposal of waste materials is conducted by the trench method or ramp method of disposal. The following methods shall be used unless the Department of Natural Resources' requirements differ:
A. 
Spraying. Unless prohibited by Department of Natural Resources' rule, spraying of exposed waste material and adjacent surfaces shall be required by the landfill operator when ordered by the City Council, City Engineer, Waukesha County Health Department or Director of Building, Inspection and Zoning or his designee to allay dust and obnoxious odors therefrom.
B. 
Blowing papers. Control over blowing papers shall be adequately maintained by the landfill operator and as ordered by the City Council, City Engineer, Waukesha County Health Department or Director of Building, Inspection and Zoning or his designee.
C. 
Surface water. All surface water shall be drained, filled or treated with effective chemicals so as to prevent mosquito production or to allay obnoxious odors.
D. 
Floating of waste materials. The floating of waste materials on open water shall be prohibited.
E. 
Rodents. Control of rodents shall be maintained until the fill has stabilized.
F. 
Maintenance program. After the active period of the filling operation is completed, a maintenance program shall be continued until the fill has become stabilized so as to ensure prompt repair of cracks, depressions and erosion of surface and side slopes. Such maintenance program shall be continued so long as the dump area remains vacant land.
G. 
Discontinuance. If daily operations are discontinued at any time, the landfill operator shall continually maintain a minimum of twenty-four-inch cover of suitable material over all refuse.
H. 
Operations. Operations shall be in orderly fashion beginning at one location and continuing at that location until the final grade has been reached.
I. 
Adequate cover. At all times the landfill operator shall provide means by which to have adequate cover for each day's operation.
J. 
Equipment.
(1) 
Equipment shall be of such type and size as to adequately provide for the proper compaction and handling of any amount of refuse disposed. Such equipment shall be adequately maintained to minimize exhaust and other operational sounds. Further, such equipment shall be operated in a manner consistent with other provisions of this Code.
(2) 
The type of equipment shall be tractor shovels, bulldozers, bulldozer-tractor-scraper combinations or other equipment approved by the City Council.
(3) 
Sufficient standby equipment shall be provided or made available to prevent delay in covering and other required site activities because of breakdown or peak loads.
(4) 
Such equipment shall either be parked so that view from public streets is minimized to the extent reasonably possible or shall be parked in a building.
K. 
Miscellaneous specifications.
(1) 
The landfill operator shall provide adequate means of directing all water from the site in such a manner that all of the stormwater therefrom will be carried away from any sanitary landfill operations.
(2) 
The landfill operator shall clean up the area surrounding the site of the sanitary landfill operations at the end of each workday and shall keep all papers or other refuse covered in the manner hereinabove provided. The landfill operator shall clean up all waste materials which might accumulate on adjoining properties at the end of each workday.
(3) 
The landfill operator shall provide and install a four-foot snow fence in the area sufficient to prevent papers and other debris from blowing off of the premises.
(4) 
All vehicles carrying refuse for dumping within the area shall enter and leave the landfill according to routes as may be approved by the City Council. Any vehicles carrying any materials which could be blown away during transport shall be carried in a completely enclosed container, including a cover thereon.
(5) 
The landfill operator shall provide adequate roadways and means of ingress to the site for vehicles engaged in such operations. All interior roads shall be treated as frequently as necessary in order to minimize dust. If snow or ice accumulates on such roadways, the landfill operator shall promptly open such roads to vehicular traffic and provide such protection to the uses thereof as is necessary to ensure the safe use at all times.
(6) 
The landfill operator shall provide adequate gates at all entrances to the site, which gates shall be securely locked during such periods when the site is not in operation. All entrances and exit access roads shall be identified with neatly painted signs, which are conspicuously located so as to prevent confusion, accidents or any hazards for vehicular movement. Stop signs shall be erected at all exit points.
(7) 
When the successive layers of fill reach the approximate final grade, the final cover shall be made with firm, clean ground and topsoil to a minimum depth of two feet, except as otherwise required by the Department of Natural Resources.
(8) 
Sanitary landfill operations shall be confined from 7:00 a.m. to 5:00 p.m. Monday through Friday and 8:00 a.m. to 1:00 p.m. Saturday. No operations of any kind or description shall be permitted on the site other than those set forth above. No operations of any kind or description shall take place on Sundays or holidays.
(9) 
The landfill operator shall have an attendant upon the property at all times during the hours provided for such sanitary landfill operations to supervise such operations. The responsibility for efficient and proper management shall rest wholly with the landfill operator or persons delegated by him.
(10) 
The landfill operator shall save the City harmless from any claim or demand by any person for any injuries or property damage sustained by any person on the landfill site.
(11) 
The landfill operator shall control sanitary landfill operations at all times so as to prevent any fires therein. If a fire does occur, the landfill operator shall be responsible for putting out such fire promptly and at its own cost and expense. Burning may be permitted if done in devices as approved by the State Department of Natural Resources and the City.
(12) 
If any refuse is deposited which contains combustible material or material of such a nature as will cause by fire, chemical reaction or otherwise any emission of smoke, fumes or odors which may require special treatment for control thereof, the landfill operator at its own discretion or on the order of the City Council, City Engineer, Waukesha County Health Department or Director of Building, Inspection and Zoning or his designee shall immediately take the necessary action to prevent fire, chemical reaction or any other condition which may cause a nuisance or damage to adjoining properties.
(13) 
The landfill operator shall permit the inspection of the premises being used for such sanitary landfill operations by the Council or any member thereof, City Engineer, Waukesha County Health Department or Director of Building, Inspection and Zoning or his designee at all reasonable times and shall comply with all orders and regulations issued by the person hereinabove designated so as to ensure the operation of such sanitary landfill operations in such a manner so as to prevent any nuisance to exist upon such premises as the result of the sanitary landfill operations being conducted thereon.
(14) 
Barriers shall be provided along all sides which lack natural screening conditions through existing contours, trees or vegetation growth. An earthen berm shall be maintained between any landfill and adjacent residences when required by the Plan Commission for safety, sound or visual protection. The Plan Commission shall determine the size and location thereof, considering the type of operation, conditions, noise and aesthetics. Such berm shall be planted and maintained with crown vetch to specifications utilized for similar slopes for state and highway construction.
(15) 
No landfill operations of any kind are permitted within 150 feet of any exterior property line of the landfill property or public right-of-way, except for the construction and maintenance of an approved berm and final cover of the area.
(16) 
A six-foot-high woven, chain link fence shall be maintained along all publicly fronted highways which abut any landfill site. All entrances shall have a gate, which shall be closed and locked at all times the landfill is not in operation.
(17) 
All landfill operators shall construct a hard-surfaced drive or ramp on the landfill site, which shall be of sufficient length to permit a truck to accelerate to a sufficient speed to discharge all mud and debris from the tires and wheels of such vehicle before the vehicle enters the public highway. All trucks exiting the site shall drive over this hard-surfaced road or ramp to discharge mud and debris before entering the public highway.
(18) 
All landfills shall be used only for landfilling activities and no gravel fill or other materials found on the site shall be removed without Plan Commission approval. No junk or refuse shall be stored aboveground on the site and no junked or inoperative vehicles, storage tanks or similar refuse shall be on the site.
(19) 
On or before May 15 of each year, all landfill operators shall submit to the City Planner a topographical map reflecting the current elevation of the site in order to determine consistency with the restoration plan. Such topographical map shall show contour lines not greater than 10 feet apart and a scale of one inch equals 100 feet. The field data for such map shall be obtained within 120 days prior to May 15 of each year.
(20) 
A final restoration plan shall be submitted and received by the Plan Commission with changes as required thereby.
[Amended 6-19-2001 by Ord. No. 2142]
(21) 
All landfill operators shall comply with all present and future ordinances, rules and regulations applicable to landfill sites.
(22) 
All landfill operators shall complete filling of the landfill site as soon as possible.
(23) 
The landfill operator shall collect all trash, debris and junk by the end of each working day and junk which is visible from any main arterial highway by the end of each working day.
(24) 
The landfill operator shall clear away any and all dust, mud and debris which accumulates on public streets adjoining the site. Any accumulation is a violation of this article and Chapter 261, Vehicles and Traffic, of this Code.
(25) 
Every landfill operator shall deposit the sum of $30,000 in a bank or other savings institution in the Milwaukee metropolitan area. The operator shall furnish to the City evidence that such deposit has been made and that withdrawal of funds may not be made without the consent of the City. Such deposit and accumulated interest shall constitute a security fund for the deepening and repair of any wells which have been damaged due to the landfill activities of the operator. If it is determined by a court that a well was damaged due to landfill activities of the operator, the City will withdraw a sum sufficient to reimburse the owner of such well for the costs of repair. The operator shall after such withdrawal from the fund immediately thereafter restore the fund to the total which had been on deposit therein prior to the time of withdrawal. Such deposit shall remain for a period of 20 years following closure of the operator's site.
(26) 
In recognition of the fact that a landfill operation requires constant monitoring and policing activities to assure compliance with this plan of operation and other City regulations and to take steps to assure that hazardous or potentially dangerous substances are not damaged, the landfill operator shall reimburse the City for a percentage of the salary of the Director of Building, Inspection and Zoning or his designee equal to the percentage of time which the Director of Building, Inspection and Zoning or his designee spends monitoring and policing the activities of the landfill operation.
(27) 
Access points to the landfill shall not be moved nor may any other change be made to the plan of operation without the express written approval of the City.
(28) 
Landfill operators shall provide qualified personnel on duty at all times to direct the dumping, spreading, compaction and covering of materials.
(29) 
All landfill operators who are not required by the state to provide a fund to assure the proper closure and rehabilitation of the landfill site shall pay to the City an amount to guarantee the proper closure and rehabilitation of the landfill site at the termination of its use. The amount of the guaranty shall be $5,000 per acre of disposal area, but not less than $20,000, nor more than $200,000 for the area to be or actually licensed by the state or which has previously been operated upon. All such financial guaranties shall be reviewed annually on or about July 1. In this regard the amount in the financial guaranty may be increased or decreased, based upon the consumer price index promulgated by the Department of Labor, using the effective date of this article as the base period for the $5,000 per acre amount. Such financial guaranty shall be in the form of cash, certified check, irrevocable bank letter of credit or a corporate bond of an insurance company licensed to issue bonds in the state. The corporate bond, if it is used, shall be a performance bond, which shall be filed with the City Clerk governing all portions of the sanitary landfill operation required to be maintained in accordance with this article, guaranteeing the satisfactory performance of these regulations. The bond shall not be cancelable for nonpayment of premium and shall continue in force for one year after closure and final reclamation of the landfill facility.
(30) 
All licensed sanitary landfill operations existing at the effective date of this article shall be subject to the regulations herein.
(31) 
The landfill operator shall provide the City forthwith with copies of all applications to the DNR for approval of or modification to DNR permits with copies of all results of sampling and monitoring carried on at the landfill which relate to compliance with the Department of Natural Resources' rules and regulations.
A. 
Upon conviction of the holder of any permit or his agent of a violation of any provision of this article or of any state law relating to the operation of the landfill, a hearing shall be held before the City Council. The conviction shall be recorded in the minutes of the meeting. The holder shall be allowed to question witnesses and call witnesses on his own behalf. Notice of such hearing shall be given at least 10 days prior thereto. No stay of execution shall operate as a continuance of the permit, but a reversal of the judgment of conviction upon appeal and the filing of the certified copy of such judgment of reversal with the City Clerk shall operate as a reinstatement of the permit.
B. 
In addition, any permit which shall be issued hereunder shall be subject to revocation for cause by the City Council at any time following a hearing at a regular or special meeting of the Council. Notice of any proceeding for revocation of any permit issued hereunder shall be sent to the address of such permit holder appearing upon the application for such permit on file with the City Clerk at least 10 days before such hearing with such notice mailed by certified mail. The Council, following such hearing and upon determination that the manner, 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 permit have not been complied with, may revoke the permit.
C. 
In the event of the revocation of any permit as herein provided, the holder of such permit shall cover with a suitable material all refuse deposited within such dump 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 permit fails to comply with such requirements, the City Council may cause such fill to be completed as herein provided and the holder of such permit shall pay all costs and expenses in connection therewith. If the permit 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.
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. If the license holder is a corporation, transfer of the controlling interest in such corporation shall not be made without notifying the City of such proposed change in ownership and the City approving such change. The City shall not unreasonably withhold approval of such change of controlling ownership. Such license shall not be transferable from one premises to another.