[HISTORY: Adopted by the Town Board of the Town of Woodruff as indicated in article histories. Amendments noted where applicable.]
Nuisances — See Ch. 355.
[Adopted 4-12-1989 (§ 11.02 of the 1986 Code)]
The purpose of this article is to regulate the disposal of waste, garbage, refuse and sludge by individuals, corporations and municipalities within the Town. Because of the possible danger to the health, safety and welfare of the public, such disposal within the Town shall be permitted only under the terms and conditions of this article.
The following definitions shall be applicable in this article:
- Includes, but is not limited to, unloading, throwing away, discarding, emptying, abandoning, discharging, burning or burying waste, garbage, refuse or sludge on, into or under any property or lands, whether publicly or privately owned, within the Town.
- Discarded material resulting from the handling, processing, storage, preparation, serving and consumption of food.
- Any city, village, town or county.
- Combustible and noncombustible discarded material, including but not limited to trash, rubbish, paper, wood, metal, glass, plastic, rubber, cloth, ashes, litter and street rubbish, industrial waste, dead animals, mine tailings, gravel pit and quarry spoils and material and debris resulting from construction or demolition.
- Sewage treatment residue in any form whatsoever, whether solid, semisolid, or liquid, that has been processed or treated in any way, form or manner. It does not include septage to be spread on land as defined and regulated by § 281.48, Wis. Stats.
- Garbage, refuse and all other discarded or salvageable material, including materials resulting from industrial, commercial and agricultural operations and from domestic use and public service activities.
Except as expressly permitted in § 406-4, no person, corporation or municipality shall dispose of waste, garbage, refuse or sludge within the Town unless a permit to engage in such dumping or disposal is first obtained from the Town under the conditions prescribed herein.
The following are not within the scope or meaning of this article:
Sites used for the disposal of waste, garbage or refuse from a single family or household, a member of which is the owner, occupant or lessee of the property; provided, however, that such waste, garbage or refuse is placed in suitable containers or stored in such other way as not to cause a public or private nuisance.
A farm on which only animal waste resulting from the operation of the farm is disposed of.
Any waste disposal operation under the direction and control of the Town.
Persons or municipalities permitted to engage in disposal operations in the Town are subject to the following regulations:
The disposal operations must be conducted in such a way as not to constitute a public or private nuisance.
Persons or municipalities engaged in dumping or disposal operations must conduct the operations in such a way that dust, dirt, debris or other materials or substances will not be carried by wind or water across the boundary of the parcel of land being used for the operations.
A covering which meets standards established by the Wisconsin Department of Natural Resources shall be placed over all of the area used for the disposal operation within a reasonable time, not to exceed 10 days after the disposal occurs. The covering must be done so as to make the area covered compatible with the surrounding and adjacent property in such a way as not substantially to depreciate property values within the immediate area, unless property owners have been previously compensated for the loss.
An application shall be filed with the Town Clerk at least 30 days before a public hearing is held. The application and accompanying information shall be followed by a sworn statement that they are true and factual. The information to be provided shall include:
Name, address and telephone number of the applicant.
Location, current owners and legal description of the site of the proposed facility.
Names, addresses and telephone numbers of any persons who will represent the applicant.
Copies of available site reports, feasibility reports, engineering plans or other documents filed or to be filed with the Department of Natural Resources or the United States Environmental Protection Agency that are related to the proposed facility.
A plan for construction, operation, maintenance, closure and long-term care of the proposed facility that describes the size, capacity and other features of the site and its proposed future.
A plan for financial, legal and environmental protection of the Town government, its employees and agents and for current and future residents living within one mile of the facility.
Proposed traffic patterns to and from the proposed facility and for roadway usage for access to the site.
Copies of current financial statements or other financial information.
A public hearing will be held at which the Town Board will invite all interested parties from the Town and the applicant to provide information as to the need for the permit, positive and negative potential effects of the proposed facility on the Town and its residents and the probability of reasonable compliance by the applicant with the general regulations of this article. The hearing will be of an informational nature for the Town Board. The hearing will be held under the following conditions:
An application for a permit for a solid waste facility shall be filed with the Town Clerk in writing. The initial application fee as provided in the Town Fee Schedule shall accompany the application, unless waived or reduced by the Town Board. In addition, the Town Board may charge the applicant an additional fee to reimburse the Town for appropriate and necessary costs and expenses incurred by the Town for attorney fees and expert fees related to the application process. The total application fees, both initial and subsequent, shall not exceed $20,000 for any application.
A permit under this article shall not be effective unless there is on file with the Town Clerk a cash bond or a bond with a corporate surety licensed in the state in the penal amount of $100,000. The bond is to assure that the applicant will comply with all the provisions of this article and will save harmless, indemnify and defend the Town, its officers, its representatives and its agents from any expenses or costs incurred through action of the applicant with regard to the facility.
If this article is violated or if the disposal plan is not carried out, the Town shall have the right to revoke the disposal permit after a public hearing and, if necessary, to obtain a court order terminating such operation. If the owner of the land does not cover the disposal area in accordance with the disposal plan, the Town Board shall have the right to correct the violation and to charge the expense against the bond.
The applicant for a disposal permit, in making the application, grants to the Town the right to go on the land for necessary inspections at any time and to carry out the disposal plan if the owner or occupant of the land fails to do so after reasonable notice is given.
The application for a permit shall be processed within 90 days of the receipt of a completed application accompanied by full documentation and the required bond. It shall be issued if the Town Board is satisfied that there has been and will be reasonable compliance with the conditions of this article.
The permit, once issued, must be revoked after public hearing upon a published Class 1 notice by the Town at any time if any of the conditions upon which it was issued or any terms of this article are violated.
Nothing contained herein shall be deemed to limit or restrict the application of any state law or administrative regulation of any state agency regulating the subject of this article.
References to the term "person" or "anyone" or like references shall be deemed to refer to a person, sole proprietorship, partnership, corporation, municipal corporation and also a responsible member, responsible officer or responsible managing agent of any single proprietorship, partnership or corporation, unless the context clearly indicates otherwise.
Any person violating this article shall be subject to a penalty as provided in § 1-3 of this Code. Each day of violation shall constitute a separate offense under this article.
The purpose of this article is to promote recycling, composting, and resource recovery through the administration of an effective recycling program, as provided in § 287.11, Wis. Stats., and Ch. NR 544, Wis. Adm. Code.
This article is adopted as authorized under § 287.09, 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 Ch. NR 544, Wis. Adm. Code, and where the provision of this article is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and the Ch. NR 544 standards in effect on the date of the adoption of this article or 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 Woodruff.
The provisions of this article shall be administered by Woodruff elected officials and Woodruff police/private contractors.
The following definitions shall be applicable in this article:
- MAJOR APPLIANCE
- Residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator or stove.
- NONRESIDENTIAL FACILITIES AND PROPERTIES
- Commercial, industrial, institutional and governmental facilities and properties. This term does not include multiple-family dwellings.
- OFFICE PAPER
- High-grade printing and writing papers from offices in nonresidential facilities and properties. Examples include printed white ledger and computer printouts.
- PLASTIC CONTAINER
- 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.
- POSTCONSUMER WASTE
- 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.
- A. Includes:
- (1) Aluminum cans.
- (2) Container glass (clear, brown and green).
- (3) Container plastic (bottles only), including No. 1 (PETE), No. 2 (HDPE), No. 3 (PVC), No. 4 (LDPE), No. 5 (PP), No. 6 (PS) and No. 7 (other).
- (4) Corrugated cardboard which remains in substantially original condition at the time of disposal such that the material is suitable for commercial-grade recycling.
- (5) Ferrous metal (tin) cans: steel and bimetal cans.
- (6) Magazines or like glossy papers which remain in substantially original condition at the time of disposal such that the material is suitable for commercial-grade recycling.
- (7) Newspaper: the portion of newspapers or periodicals which remains in substantially original condition at the time of disposal such that the material is suitable for commercial-grade recycling.
- (8) Office paper.
- (9) Polystyrene, packaging foam.
- (10) Scrap metal recyclables: those items consisting of a majority of ferrous metal or aluminum which is suitable for recycling.
- (11) Used lead acid vehicle batteries which are no longer suitable for their original purpose because of wear, damage or defect.
- (12) Waste oil: engine, hydraulic or gear oil, with no contaminants of gasoline or solvents.
- (13) Waste tires: that portion of a tire which is removed from the rim and is no longer suitable for its original purpose because of wear, damage or defect.
- (14) White goods: appliances, including but not limited to refrigerators, freezers, stoves, air conditioners, dish washers, and water heaters.
- (15) Yard waste: leaves, wood (limbs and brush less than six inches in diameter), grass, and lawn rakings.
- B. Items previously listed may be removed from the list of recyclable materials only by a variance granted by the Wisconsin Department of Natural Resources.
The following recyclable material must be prepared as indicated prior to collection or being deposited at a collection point:
Aluminum cans: rinse and flatten.
Container glass: rinsed, caps removed, and sorted by color (clear, brown and green).
Container plastic, thin-necked No. 1 (PETE), No. 2 (HDPE), No. 3 (PVC), No. 4 (LDPE), No. 5 (PP), No. 6 (PS) and No. 7 (other): rinse, remove caps, and flatten.
Corrugated cardboard: keep dry and flatten.
Ferrous metal cans (tin cans): labels removed, rinsed, ends removed and cans flattened.
Magazines and office paper: keep dry and stack in boxes or tie into bundles.
Newspaper: remove glossy inserts, keep dry, and bundle.
Used lead acid vehicle batteries shall be exchanged at a battery dealer or dropped off at a recycling center which accepts batteries.
Waste oil shall be taken to a dealer or recycling center which accepts waste oil.
White goods shall be taken to a scrap metal dealer or the Oneida County Landfill Site's metal pile.
Yard wastes shall be allowed to decompose on the property on which they originated, in a local compost pile with a volume of less than 50 cubic yards, or placed in a Wisconsin Department of Natural Resources licensed land application or composting operation.
To the greatest extent practicable, the recyclable materials separated in accordance with the aforementioned procedures 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.
On and after January 1, 1995, it shall be unlawful and a violation of this article for any landfill user, private hauler, or municipality which causes to be deposited on the Oneida County Landfill Site any solid waste which originated in or was generated, accumulated or collected in a municipality which does not have in place an effective recycling program in compliance with Ch. NR 544, Wis. Adm. Code.
On or after January 1, 1995, all owners or designated agents of multiple-family dwellings and nonresidential facilities and properties shall do all of the following to aid in the collection of recyclable materials for processing:
Provide adequate, separate containers for the recyclable materials.
Notify tenants in writing at the time of renting or leasing the dwelling and at least semiannually thereafter about the established recycling program.
Provide for the collection of the materials separated from the solid waste by the tenants and the delivery of the materials to a recycling facility.
Notify tenants of reasons to reduce and recycle solid waste, which materials are collected, how to prepare the materials in order to meet processing requirements, collection methods or sites, locations and hours of operation, and a contact person or company, including a name, address and telephone number.
It shall be unlawful and a violation of this article for any person to dispose of any separated recyclable material except as authorized by variance granted by the Wisconsin Department of Natural Resources.
For the purpose of ascertaining compliance with the provisions of this article, any authorized officer, employee, or representative of any private refuse contractor may inspect recyclable materials separated for recycling, postconsumer 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 Town of Woodruff private refuse contractors who requests access for purposes of inspection and who presents appropriate credentials. No person may obstruct, hamper or interfere with such an inspection.
Any person who violates a provision of this article may be issued a citation by Woodruff police 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.