Pierce County, WI Article V Solid Waste Management Board

[Adopted by Ord. No. 88-2]

§ 7-14 Purpose; establishment; statutory authority.

In order to implement a County-wide comprehensive solid waste management system that provides continuity throughout the process of development and operation, there is established a Solid Waste Management Board (SWMB) pursuant to § 59.70(2), Wis. Stats.

§ 7-15 Membership; terms of office; vacancies; removal.

[Amended 3-26-2002 by Ord. No. 01-27]

A. The membership of the SWMB shall be appointed by the Pierce County Board Chair subject to the confirmation of the County Board of Supervisors. It shall consist of nine members, of whom five are County Board members, including the County Board Chair or Vice Chair, a County Zoning Committee member and three other members of the County Board. The remaining four members shall be citizen members residing in the County who are appointed based on public interest and technical knowledge in the area of solid waste management.

[Amended 3-27-2007 by Ord. No. 06-21]

B. The County extension resource agent shall serve as an education and resource advisory.

C. Except as hereafter provided, the terms of office of each member of the SWMB shall be for three years expiring on April 30. The terms of those initially appointed shall be as follows:

(1) One-third shall be appointed for a term of three years;

(2) One third shall be appointed for a term of two years; and

(3) One third shall be appointed for a term of one year.

D. Vacancies for any unexpired term shall be filled in the same manner as the original appointments.

E. Any member of the Solid Waste Management Board may be removed from that Board by a two-thirds vote of the County Board of Supervisors.

§ 7-16 Organization and operation.

A. The SWMB shall annually elect a Chair, Vice Chair and Secretary. Meetings shall be held at such times and such places as the SWMB may determine.

B. The SWMB shall develop policies and guidelines governing the conduct of meetings and the operation and functioning of the organization.

C. The SWMB shall have the power to adopt, amend and repeal rules and regulations governing its procedure and operations that are not inconsistent with this article.

D. Per diem mileage and meal compensation shall be paid to members in the same manner as County Board Supervisors.

E. All funds received or collected by the SWMB shall be deposited with the County Treasurer. Disbursement of such funds shall be made by the County Treasurer only upon receipt of a voucher or statement signed by the Chairman and Secretary that the expenditure has been authorized and approved by the SWMB and after approval by the County Finance Committee.

F. Members of the SWMB shall be exempt from legal actions resulting from their duties provided they act in good faith. Liability coverage and indemnification protection shall be provided to members of the SWMB through the County.

§ 7-17 Supervisory responsibility.

A. It shall be the responsibility of the SWMB to supervise and manage the collection and disposal of solid waste in the County in accordance with the rules and regulations established by the Department of Natural Resources for the state and by the Board of Supervisors. The SWMB shall keep abreast of the latest techniques, procedures and methods that may be developed in solid waste management and shall make recommendations to the Board of Supervisors concerning solid waste management.

B. It shall be the responsibility of the SWMB for the development of plans and policies, the provision of facilities and overseeing the management of solid waste.

C. The SWMB shall be responsible for the service area which includes the entire geographic area of the County, in cooperation with the local units of government.

§ 7-18 Powers and duties.

A. The SWMB shall have the following powers to:

(1) Develop plans and policies to implement a comprehensive solid waste management system.

(2) Engage and compensate consultants or other persons who can provide expertise or conduct services in solid waste management.

(3) Develop a working agreement in conjunction with the County Personnel Committee and County Finance Committee whereby County personnel may provide staff assistance to the SWMB in fulfilling its goals and work program.

(4) Establish operations and methods of waste management as are deemed appropriate.

(5) Enter into contractual arrangements with private firms to operate aspects of the solid waste management system to assure that the SWMB maintains maximum over-site control that is economically feasible.

(6) Engage in, sponsor or cosponsor research and demonstration projects and educational programs intended to improve the techniques of solid waste management and to increase the extent of recycling and reutilization of materials and resources included in solid waste.

(7) Develop cooperative arrangements and agreements with units of government and semipublic and private organizations to utilize land, equipment, facilities and personnel in conducting a comprehensive solid waste management program. Such agreements will respect the ordinances of towns whose land, facilities and personnel are involved.

(8) Exercise such other powers and perform such other duties as may be necessary to properly establish and operate and oversee a solid waste management system and which are not inconsistent with § 7-20, the laws of the state, the regulations of the Department of Natural Resources or the ordinances and resolutions adopted by the Board of Supervisors.

(9) Exercise other powers as may be delegated to the SWMB by the Board of Supervisors under the authority of § 59.70(2), Wis. Stats., as it deems appropriate.

B. The authority of the SWMB, as delegated by the Board of Supervisors and working agreements, shall be outlined in a memorandum of understanding which shall be updated and approved annually by the Board of Supervisors.

§ 7-19 Reports.

The Solid Waste Management Board shall present a quarterly and an annual report to the Board of Supervisors, and it shall make or cause to be made other reports as may be required from time to time by the Board of Supervisors.

§ 7-20 Finances.

A. The Pierce County solid waste management system shall be financed by such funds as may be available through public and private sources, and the SWMB is authorized to accept private donations and to request and receive state and federal grants-in-aid in addition to County funds. The Solid Waste Management Board will not be authorized to levy taxes.

B. The Solid Waste Management Board shall plan its financial operations on a calendar-year basis, and each year it shall submit its proposed budget for the next calendar year to the County Finance Committee on such date as may be established by the Committee.

C. The County, through the SWMB, may establish and enforce a user charge system to handle operational costs. If necessary, in order to maintain an economical and practical level of use charge, the County may use property taxes as a supplement to use charges, except that no town, city or village which operates its own waste collection and disposal facility, or property therein, shall be subject to any tax levied hereunder to cover the cost of operation of these functions. Such appropriations may be treated as a revolving capital fund to be reimbursed from proceeds of the system.[1]

[1] Editor's Note: Former Sec. 2.72.070D, which immediately followed this subsection and dealt with the initial year of operation of the SWMB, was deleted 4-17-2001 by Ord. No. 00-15.