Pierce County, WI Chapter 201 Solid Waste Collection and Transportation

[HISTORY: Adopted by the Board of Supervisors of Pierce County by Ord. No. 91-3. Amendments noted where applicable.]

GENERAL REFERENCES

Public health nuisances and human health hazards — See Ch. 180.

Sewage disposal — See Ch. 191.

Disposal of vehicles — See Ch. 225.

§ 201-1 Word usage and definitions.

[Amended by Ord. No. 93-3; Ord. No. 94-16]

A. Unless specifically defined in this section, terms and abbreviations used in this chapter shall be interpreted in a manner consistent with Wisconsin statutes and rules of the Department of Natural Resources which have been or hereafter may be adopted under those provisions. Terms and abbreviations used in this chapter which are not specifically defined by law shall be construed in accordance with the context and professional usage.

B. As used in this chapter, the following terms shall have the meanings indicated:

ACCEPTABLE WASTE

Solid waste which can be processed by the Pierce County resource conservation facility and includes recyclables and compostables. Wastes not acceptable at the facility are those which may pose a threat to health or safety or cause damage to the facility or impair its operation or those which are physically impossible to process at the facility. The Solid Waste Management Board may declare categories of waste as acceptable or unacceptable, and the facility manager is responsible for decisions as to the acceptability of any waste transported to the facility.

AGRICULTURAL WASTE

Vegetative residues or manures resulting from the raising of plants and animals for food, fiber and fuel. "Agricultural waste" does not include waste pesticides or herbicides or their containers, nor the organic created from industrial operations such as food processing.

AIR CONTAMINANT

The presence in the outdoor atmosphere of any dust, fume, mist, smoke, vapor, gas or other gaseous fluid or particulate substance differing in composition from or exceeding in concentration the natural components of the atmosphere caused by the handling, storage, processing or disposal of solid waste.

AIR POLLUTION

The presence in the outdoor atmosphere of any air contaminant or combination thereof in such quantity, of such nature and duration or under such conditions as would be injurious to human health or welfare, to animal or plant life or to property or would interfere unreasonably with the enjoyment of life or property caused by the handling, storage, processing, or disposal of solid waste as defined in this section.

BI-METAL CONTAINER

A container that is made primarily of a combination of steel and aluminum.

CANISTER SITE

One or more commercial solid waste storage containers (such as green boxes and dumpsters) located to function as intermediate solid waste facilities and which are serviced on a regular basis by a public or private solid waste hauler. A canister site shall not include primary or preliminary collection containers or dumpsters at the point of generation.

CLEAN FILL

Any material intended for fill purposes, including but not limited to dirt, rock, broken clean concrete, trees and asphalt paving material, that is not contaminated with or composed of any environmentally harmful materials, including but not limited to concrete impregnated with petroleum products, demolition debris, such as lumber and shingles, asbestos waste and treated wood.

CLEAN FILL DISPOSAL SITE

A location for the disposal of clean fill.

COMMERCIAL HAULER

Any person, as defined in this section, who owns, operates or leases vehicles for hire for the purpose of collection and/or transportation of any type of solid waste. A commercial hauler does not include persons hauling processed recyclables to an end market.

COMMERCIAL WASTE

Solid waste originating from commercial activities, such as retail businesses, institutions, government office buildings and schools. "Commercial waste" shall not include agricultural waste or industrial waste.

COMPOSTING

The controlled biological decomposition of selected solid waste in a manner resulting in an innocuous final product.

CONTAINER BOARD

Corrugated paperboard used in the manufacture of shipping containers and related products.

COUNTY

Any department or representative of the county who is authorized by this chapter or otherwise by the County Board to represent the County of Pierce in the enforcement or administration of this chapter.

DEMOLITION DEBRIS

Waste resulting from the demolition of buildings and other man-made structures which may include untreated wood, masonry, glass and plastic building parts. "Demolition debris" does not include asbestos wastes, clean fill or treated wood products.

DEMOLITION DEBRIS LAND DISPOSAL FACILITY

A site used only to dispose of demolition debris.

FINAL COVER MATERIAL

Material approved by the Department of Natural Resources that is used to cover compacted solid waste in the closure of a land disposal site. Important general characteristics of good final cover material are low permeability, uniform texture, cohesiveness and compactibility.

FLUORESCENT LIGHT BULB

A glass tube coated inside with a fluorescent substance giving off light when mercury vapor in the tube is acted upon by electrons from the cathode.

FOAM POLYSTYRENE PACKAGING

Packaging made primarily from foam polystyrene that satisfies one of the following criteria:

(1) Is designed for serving food or beverages.

(2) Consists of loose particles intended to fill space and cushion the packaged article in a shipping container.

(3) Consists of rigid materials shaped to hold and cushion the packaged article in a shipping container.

GARBAGE

Discarded material resulting from the handling, processing, storage, preparation, serving and consumption of food.

GENERATOR

A person, business, industry, farm, corporation or other entity having the potential to create solid waste.

HAZARDOUS WASTE

Any waste or discarded material or combinations of waste or discarded materials in solid, semisolid, liquid or gaseous form which cannot be handled by routine waste management techniques because they pose a substantial present or potential hazard to human health or other living organisms because of their chemical, biological or physical properties. Categories of hazardous waste materials include, but are not limited to, explosives, flammables, oxidizers, poisons, irritants and corrosives. "Hazardous waste" does not include sewage sludge and source material, special nuclear material or by-product material as defined by the Atomic Energy Act of 1954, as amended.

HDPE

High-density polyethylene, labeled by the Society of Plastics Industry (SPI) Code No. 2.

HOUSEHOLD HAZARDOUS WASTE

Any waste of a solid, semisolid, liquid or gaseous form resulting from normal and routine household activities such as cleaning, painting, maintenance and sanitizing. Such waste shall include but not be limited to substances which are toxic, corrosive, flammable, irritants or strong sensitizers and found in such household products as oven cleaners, cleaning agents, pesticides and solvents.

INCINERATION

The process by which solid wastes are burned for the purpose of volume or weight reduction, energy recovery or destruction of pathogens in facilities designed for such use.

INCINERATOR

A processing facility designed and operated for controlled burning of wastes, including infectious waste, to achieve volume or weight reduction, change waste characteristics, to generate energy, recover heat or to destroy human or animal pathogens.

INDUSTRIAL WASTE

By-products, discards, sludges, rejects and other waste products created by any manufacturing process, activity or technology or the performance of a service in which wastes of a nonresidential nature are produced. Such services include, but are not limited to, auto body repair shops, gas stations, dry cleaners, paint shops, furniture stripping shops, junkyards and salvage yards.

INFECTIOUS WASTE

Solid waste which may contain pathogens with sufficient numbers and virulence so that exposure to the waste by a susceptible host could result in an infectious disease. Examples of infectious waste would include, but not be limited to, bandages, dressings, needles and tissues, fluids or body parts from medical, dental and veterinary sources, including clinics, hospitals, ambulances, nursing homes and care of medical, dental and veterinary patients.

INTERMEDIATE SOLID WASTE FACILITY

A facility for the secondary or incomplete handling or treatment of solid waste, including but not limited to a transfer station, canister site, recovery of recyclable materials, reduction, shredding and compression.

LAND DISPOSAL FACILITY

A facility where solid waste is placed in a land spreading facility, a landfill or surface impoundment facility for disposal purposes.

LAND POLLUTION

The presence in or on the land of any waste in such quantity, of such nature and duration and under such condition as would affect injuriously any waters of the state, create air contaminants or cause air pollution.

LDPE

Low-density polyethylene, labeled by the SPI Code No. 4.

LICENSEE

A person who has been issued a license by the Pierce County Solid Waste Management Board for solid waste management purposes pursuant to this chapter.

MAGAZINES

Magazines and other materials printed on similar paper.

MULTIPLE-FAMILY DWELLING

A property containing five or more residential units, including those which are occupied seasonally.

MUNICIPAL WASTE

Waste generated primarily by residential and commercial activities. Municipal waste does not include industrial or agricultural wastes.

NEWSPAPER

A newspaper and other materials printed on newsprint.

NONRESIDENTIAL FACILITIES AND PROPERTIES

Commercial, retail, industrial, institutional and governmental facilities and properties. This term does not include multiple-family dwellings.

OFFICE PAPER

High-grade printing and writing papers. Printed white ledger and computer printout are examples of office paper generally accepted as high grade. This term does not include industrial process waste.

OPEN BURNING

Combustion in which the by-products thereof are emitted directly into the ambient air without passing through a properly sized stack or chimney with sufficient pollution control devices to control emissions to meet State of Wisconsin and nuisance standards and which is not capable of being licensed or permitted by the Wisconsin Department of Natural Resources as a solid waste incinerator.

OPERATION

Any site, facility or activity relating to solid waste management.

OTHER RESINS or MULTIPLE RESINS

Plastic resins labeled by the SPI Code No. 7.

PERSON

Any human being, any municipality or other governmental or political subdivision or other public agency, any public or private corporation, any partnership, firm, association or other organization, any receiver, trustee, assignee, agent or other legal representative of any of the foregoing, or any other legal entity.

PETE

Polyethylene terephthalate, labeled by the SPI Code No. 1.

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 retail sale.

POSTCONSUMER WASTE

Solid waste other than:

(1) Solid waste generated in the production of goods;

(2) Hazardous waste, as defined in § 291.01(7), Wis. Stats.;

(3) Waste from construction and demolition of structures and scrap automobiles; or

(4) High-volume industrial waste, as defined in § 289.01(17), Wis. Stats.

PP

Polypropylene, labeled by the SPI Code No. 5.

PROCESSED WASTE

Waste that is baled, shredded, pulverized, composted, classified, separated, combusted or otherwise treated or altered by some means to facilitate further transfer, processing, utilization or disposal.

PS

Polystyrene, labeled by the SPI Code No. 6.

PUTRESCIBLE WASTE

Waste which contains organic matter capable of being decomposed by microorganisms and of such a character and proportion as to be capable of supporting a vector population or attracting or providing food for birds or which may reach a foul state of decay or decomposition.

PVC

Polyvinyl chloride, labeled by the SPI Code No. 3.

RECYCLABLE MATERIALS

Materials that are separated from solid waste for the purpose of recycling, including newsprint, ledger paper, corrugated cardboard, plastic, glass, aluminum, ferrous metals, nonferrous metals, metal containers, automobile oil, batteries, finished compost and any other material later deemed recyclable by the county.

RECYCLING FACILITY

A facility where recyclable materials are purchased or received from generators or collectors, processed for marketing or loaded onto vehicles for transport to market.

SANITARY LANDFILL

A land disposal site, permitted by the Department of Natural Resources and Pierce County, employing an engineered method of disposing of solid waste on land in a manner that minimizes environmental hazards by spreading the solid waste in thin layers, compacting the solid waste to the smallest practical volume and applying cover material at the end of each operating day or at intervals as may be required by the Department of Natural Resources and Pierce County. Engineered sanitary landfills must have impermeable clay or membrane-type liners, leachate collection and treatment provisions and surface water diversions according to Department of Natural Resources and county standards.

SHORELAND

Land located within the following distances from public water:

(1) One thousand feet from the ordinary high water mark of a lake, pond or flowage; and

(2) Three hundred feet from a river or stream or the landward extent of a floodplain designated by ordinance on such a river or stream, whichever is greater.

SLUDGE

Any waste that is in solid, semisolid or liquid form generated from a municipal, commercial or industrial wastewater treatment plant, water supply treatment plant or air pollution control facility.

SOLID WASTE

Garbage, debris from construction and demolition activities, refuse, sludge from a water supply treatment plant or a contaminant treatment facility, nonhazardous medical waste or other discarded waste materials and sludges, in solid, semisolid, liquid or contained gaseous form, resulting from residential, industrial, commercial, mining or agriculture operations or from community activities, but does not include hazardous waste; unrinsed or partially filled pesticide containers; animal waste used as fertilizer; clean fill, sewage sludge, solid or dissolved material in domestic sewage or other common pollutants in water resources such as silt, dissolved or suspended solids or suspended solids in industrial wastewater effluents or discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended; dissolved materials in irrigation return flows; or source material, special nuclear material or by-product material as defined by the Atomic Energy Act of 1954, as amended, and any other radioactive material.

SOLID WASTE DISPOSAL FACILITY

An operation for the discharge, deposit, injection, combustion, dumping or placing of any solid waste into or on any land, water or air in a manner which may permit the solid waste or any constituent of the solid waste to be emitted into the air, to be discharged into any waters of the state or otherwise to enter into the environment. "Solid waste disposal facility" does not include the transportation, storage or intermediate treatment of solid waste.

SOLID WASTE MANAGEMENT

The storage, collection or removal of solid waste from or on public or private property, its transportation to intermediate or final disposal facilities or its final disposal by methods approved by the Department of Natural Resources and Pierce County.

SOLID WASTE MANAGEMENT FACILITY

A sanitary landfill, demolition debris landfill, incinerator, open burn site, recycling center, composting facility, intermediate facility or other operation designed to store, process or dispose of solid waste.

TRANSFER STATION

An intermediate solid waste facility in which solid waste collected from any source is temporarily deposited to await transportation to another solid waste management facility.

VOLUME-BASED USER FEE SYSTEM

Fees that are charged by the waste hauler for solid waste collection and disposal services in relation to the volume or weight of the materials disposed.

WASTE TIRE

A tire that is no longer suitable for its original purpose because of wear, damage or defect and which has been removed from a vehicle.

WATER POLLUTION

(1) The discharge of any pollutant into any waters of the state or the contamination of any waters of the state so as to create a nuisance or render such water unclean or noxious or impure so as to be actually or potentially harmful or detrimental or injurious to public health, safety or welfare, to domestic, agricultural, commercial, industrial, recreational or other legitimate uses or to livestock, animals, birds, fish or other aquatic life; or

(2) The man-made or man-induced alteration of the chemical, physical, biological, thermal or radiological integrity of waters of the state.

WATERS OF THE STATE

Waters, surface or underground, except those surface waters which are not confined but are spread and diffused over the land. "Waters of the state" includes all boundary and inland waters.

WHITE GOODS

Used major residential or commercial appliances, such as washers, dryers, refrigerators, air conditioners, freezers, stoves, furnaces, boilers, dehumidifiers, water heaters, dishwashers, ovens and microwave ovens. Microwave ovens may be disposed of in a landfill subject to the requirement that before such disposal their capacitors have been removed.

YARD WASTES

The garden wastes, leaves, lawn cuttings, weeds and other nonwoody vegetative wastes generated at residential or commercial properties.

§ 201-2 License required.

A. No person shall cause, permit or allow land or property to be used for solid waste management purposes, except at an operation for which a license has been granted by the Solid Waste Management Board, unless otherwise provided by this chapter.

B. Any operation to be used for any method of solid waste management not otherwise provided for in this chapter must be licensed by the Solid Waste Management Board before operation may commence. The license application shall include three sets of complete plans, specifications, design data and ultimate land use plans. Proposed operating procedures for a solid waste management facility must be prepared by a professional engineer registered in Wisconsin. The applicant shall procure a proper zoning permit to accompany the application if required by Chapter 240, Zoning. No license shall be issued for a solid waste facility unless the applicant has demonstrated to the satisfaction of the Solid Waste Management Board the availability of revenues necessary to operate the facility in accordance with applicable state and local laws, ordinances and rules.

C. After receiving an application for an operation, the Department of Land Management shall refer such application to the County Solid Waste Management Board and shall give recommendations to the Solid Waste Management Board concerning whether it should issue or deny the license. If an applicant is denied a license, such applicant shall be notified in writing of the reasons therefor by the Solid Waste Management Board. A denial shall be without prejudice to the applicant's right to file a further application after revisions are made to satisfy objections specified as reasons for the denial. Any applicant or other aggrieved person may petition for a hearing before the full County Board to appeal any licensing determination by the Solid Waste Management Board. The full County Board, with two-thirds majority vote, may overrule or modify any licensing decision rendered by the Solid Waste Management Board upon appeal by an aggrieved person. Such determination by the County Board shall be made in conformity with the regulations in this chapter and state laws. The full County Board, by two-thirds majority vote, may also attach any additional requirements or conditions reasonably related to purposes served by this chapter to any solid waste management license decision brought to it by appeal from any aggrieved person.

D. The Solid Waste Management Board shall refuse to issue a license for any operation which does not comply with this chapter, all appropriate federal and state rules, Department of Natural Resources rules, appropriate zoning ordinances and the county's solid waste management plan. The Solid Waste Management Board may also refuse to issue a license for any person with a history of environmental convictions or who has shown a consistent disregard for human health and environmental protection in previous activities.

E. Issuance of any license pursuant to the provisions of this chapter shall be contingent upon the applicant furnishing to the county a bond in an amount to be set by the Solid Waste Management Board. This bond shall name the county as obligee with sufficient sureties duly licensed and authorized to transact business in the State of Wisconsin as sureties. The condition of such bond shall be that if the licensee fails to comply with any of the requirements or fails to perform any of the acts required of an operation or ceases to operate or abandons the operation and the county is required to expend any moneys or expend any labor or material to restore the operation to a condition in compliance with this chapter, the bond holder and the sureties on its bond shall reimburse the county for any and all expenses incurred by the county to remedy failure of the licensee to comply with the terms of this chapter, and the bond holder and its sureties shall indemnify and save the county harmless from all losses, costs and charges that may occur to the bond holder or its sureties because of any default of the licensee under the terms of the license to operate in compliance with the terms of the ordinances of the county. The Solid Waste Management Board may also refuse to issue a license for any operation with a history of environmental violations or where operator or owner has shown a consistent disregard for human health and environmental protection in previous activities.

F. In addition to the bond referred to in Subsection E, issuance of any license pursuant to the provisions of this chapter shall be contingent upon the applicant securing and furnishing to the county a copy of a certificate of insurance. Said certificate will be issued to the licensee by insurers duly licensed with the State of Wisconsin and in amount to be set by the Solid Waste Management Board. Such insurance shall include general liability, including but not limited to bodily injury and property damage and motor vehicle loading and unloading insurance.

G. Any license granted by the Solid Waste Management Board under the provisions of this chapter may be suspended by the Solid Waste Management Board at any time for noncompliance with the provisions of the license, this chapter or applicable state laws or rules or upon written notification to the licensee and the Solid Waste Management Board by the Department of Land Management or by an authorized representative of the Department of Natural Resources that the continued use of the operation may endanger the health, welfare or safety of the public or that the continued use may cause pollution or impairment of the environment.

(1) The notice of suspension shall be deemed adequately served whenever it is served upon the licensee personally or by leaving the same at the licensed premises with the person in charge thereof. A copy of the notice of suspension shall be provided to the County Board.

(2) The Solid Waste Management Board shall remove the license suspension only upon presentation of evidence acceptable to the Solid Waste Management Board that the conditions which were cited as cause for suspension have been fully corrected.

(3) A license may be revoked only after the Solid Waste Management Board has held a public hearing at which the licensee and other persons wishing to be heard concerning the operation shall have the right to be heard. The date of the hearing for license revocation shall be set by the Solid Waste Management Board and shall not be held earlier than 20 calendar days after notice of said hearing was mailed to the licensee. A transcript thereof shall be made by tape recording or other suitable technique. If, at said hearing, the Solid Waste Management Board shall determine that the operation has been conducted in violation of the provisions of the license, this chapter, state laws or state rules, the Solid Waste Management Board may revoke the license or continue such suspension in effect until the operator has demonstrated that full compliance with the provisions of the license, this chapter, state laws and state rules has been attained.

(4) Any licensee may request a hearing before the full County Board to appeal any license suspension or revocation decree issued by the Solid Waste Management Board. Upon appeal by any aggrieved person, the full County Board, by two-thirds majority vote, may modify or rescind any suspension or revocation action taken by the Solid Waste Management Board. By two-thirds majority vote, the full County Board may also attach additional requirements or conditions reasonably related to the purposes served by this chapter to any suspension or revocation action brought to it by an aggrieved person.

H. Routine inspection and evaluation of an operation may be made by the Department of Land Management at such frequency as to ensure consistent compliance by the operation with the provisions of this chapter. The licensee shall be provided with a written inspection report containing a precise description of any deficiencies, recommendations for the correction thereof and the date when the corrections shall be accomplished. Copies of said report(s) shall be furnished to the Department of Natural Resources and the Solid Waste Management Board. The licensee shall allow authorized representatives of the county and the Wisconsin Department of Natural Resources access to the facility at any time for the purpose of making such inspections as may be necessary to determine compliance with the requirements of this chapter and any other applicable statute, ordinance or rule.

I. Adherence to this chapter shall not relieve any person or entity from obligations imposed by any other applicable law, ordinance or rule that are more restrictive or of compatible restriction.

J. Every license issued for a solid waste management facility shall be recorded in the office of the Register of Deeds.

§ 201-3 Authority of Department of Land Management.

The Department of Land Management shall have all necessary authority to implement and carry out the provisions of this chapter, including but not limited to the following:

A. To review and consider all license applications and supporting materials which are referred to the Department of Land Management for operations within the county and, after such review and consideration, to recommend with documentation to the Solid Waste Management Board whether a license should be granted or denied.

B. To inspect operations to determine compliance and to investigate complaints about violations of this chapter.

C. To recommend to the Corporation Counsel that legal proceedings be initiated against a person to compel compliance with the provisions of this chapter or to terminate or control an operation not in compliance with this chapter. If granted by a Solid Waste Management Board resolution, the Department of Land Management may have citation authority, with the forfeiture of funds established by the Solid Waste Management Board for any citations issued.

D. To encourage and conduct studies, investigations and research relating to aspects of solid waste management, including but not limited to methodology, chemical and physical considerations and engineering.

E. To advise, consult and cooperate with the public and other governmental agencies under the direction of the Land Management Committee in furtherance of the purpose of this chapter.

§ 201-4 Waste storage.

A. Solid waste shall be stored in a manner which complies with rules administered by the Wisconsin Department of Natural Resources and Pierce County.

B. Hazardous waste shall be stored in accordance with rules administered by the Wisconsin Department of Natural Resources and Pierce County and all applicable federal and state rules.

C. Intermediate solid waste facilities, such as transfer stations and canister sites, may be established and shall be licensed annually according to § 201-6 and shall meet all requirements listed in this section as well as any additional requirements imposed by the Solid Waste Management Board. Local units of government shall be exempted from payment of fees for transfer stations and canister sites owned and operated by that local unit of government.

D. Putrescible solid waste shall not be stored on public or private property for more than 10 days without the written approval of the Department of Land Management unless in compliance with the provisions of this chapter. Nonputrescible wastes suitable for recycling shall not be stored on public or private property in a manner which creates a nuisance, blight or health hazard. Intermediate and finished compost are excluded from the storage limitations.

E. Solid waste at a solid waste storage facility shall not be burned. Fires at any solid waste storage facility shall be immediately extinguished in a manner which would not result in water pollution, land pollution or injury to human health.

§ 201-5 Commercial collection and transportation of solid waste.

[Amended by Ord. No. 93-3; Ord. No. 94-16; Ord. No. 94-23]

A. Licensing and truck registration.

(1) No person or entity shall maintain or operate a commercial collection or transportation service for the removal of solid waste in Pierce County without having obtained a valid operating license from the Department of Land Management.

(2) No person or entity shall operate any vehicle as part of a commercial service for the purpose of removing, collecting or transporting solid waste without having in his possession a valid operating license and truck registration decal issued by the Department of Land Management and must also be currently licensed and maintain licensure under Department of Natural Resources regulations.

(3) Each truck operated by a licensed person or entity shall be separately registered with the Department and shall display all permits and decals as required. In the event that a licensed person or entity exchanges or adds trucks, a new truck registration decal must be obtained.

(4) The license and registration period shall be one year commencing on January 1 and terminating on December 31 of each year.

B. License and truck registration fees.

(1) The annual fee for operating licenses and truck registration decals shall be set by the Solid Waste Management Board.

(2) The license periods shall be from January 1 through December 31.

C. Application process.

(1) Initial application for an operator's license and truck registration may be submitted at any time during the license period.

(2) Initial operating license fees shall be prorated as follows:

(a) January 1 to March 31: 100%.

(b) April 1 to June 30: 75%.

(c) July 1 to September 30: 50%.

(d) October 1 to December 31: 25%.

(3) Truck registration fees shall not be prorated.

(4) All application fees for operator licensing shall be paid to the Pierce County Department of Land Management and be accompanied by the Department approved application form.

(5) All truck registration application fees shall be paid to the Pierce County Department of Land Management and shall be accompanied by the vehicle identification number of each truck to be registered on the Department of Land Management approved application form.

(6) After payment, the Department of Land Management will issue a receipt for paid operator licensing and truck registration fees to the person or entity. The Department of Land Management will retain a copy of each application form for which a receipt is issued.

(7) The receipt and application form shall then be submitted to the Solid Waste Management Board for approval or denial.

(8) The Solid Waste Management Board shall review and approve or deny the application within 90 days after receiving the application or by the date of the expiration of the current license, whichever occurs later.

(9) Renewal applications shall be submitted to the Department by December 31 preceding the next licensing period.

(10) Timely renewal applications shall be acted on by the Solid Waste Management Board within 45 days. Unless § 201-2G applies, all timely applicants, including December applicants, may continue to operate pursuant to their last valid license during the forty-five-day period the Solid Waste Management Board deliberates the renewal application.

(11) Late applicants for renewal permits shall pay the full yearly application fee without a Subsection C(2) proration.

(12) Operators who do not renew their license for 12 months and who wish to reapply for an operator's license shall be considered as initial applicants under this chapter.

(13) License and registration application fees are not refundable.

(14) License holders shall submit additional data or other information reasonably related to the purposes served by this chapter when required by the Department.

(15) Any applicant that is denied licensing and/or truck registration may reapply within the current licensing period or may appeal the denial to the full County Board upon written notice within 30 days of the date of the denial. The full County Board, by two-thirds majority vote, may rescind, reinstate or modify any solid waste collection and transportation decision brought to it or appeal from any aggrieved person in conformity with the regulations in this chapter and state laws and may also, by two-thirds majority vote, attach additional requirements or conditions reasonably related to the purposes served by this chapter to any solid waste collection and transportation license decision brought to it by any aggrieved person.

D. Operational requirement and standards. Any person licensed to operate or maintain a solid waste collection and transportation service in Pierce County shall do so in accordance with the following requirement and standards:

(1) Identifying information. Each vehicle shall have lettered on both sides the name, address and telephone number of the license holder and the empty and gross weight of the vehicle. The letters and numbers shall be at least two inches high with a minimum one-half-inch brush stroke and be a color that contrasts with the background to make it easy to read. Each vehicle shall also prominently display a county truck registration decal on or adjacent to the driver's door window.

(2) Disposal.

(a) All solid waste shall be disposed of in accordance with state and local statutes, regulations and ordinances. When the Pierce County Solid Waste Management Board adopts flow control, solid waste collected and transported in Pierce County shall be disposed of at sites designated and approved by the Pierce County Solid Waste Management Board. At that time all acceptable solid waste collected in Pierce County shall be delivered to the Pierce County resource conservation facility.

(b) Any licensed solid waste collector must provide separated collection of source-separated recyclables under any township, village, city or county ordinance or decree. Collected recyclable material must be brought to the resource conservation facility or other designated recycling center unless otherwise approved in writing by the Solid Waste Management Board after Pierce County adopts flow control in accordance with Wisconsin state statutes. Any person wishing to dispose of any solid waste with a point of origin or generation outside of Pierce County must receive prior approval from the Pierce County Solid Waste Management Board before delivering out-of-county wastes to the Pierce County resource conservation facility after the adoption of flow control. All source-separated recyclables shall be kept in a separated condition by any person collecting and transporting source-separated recyclables from curbside or drop-off collection programs and shall deliver such separated recyclables to the Pierce County resource conservation facility or other designated recycling center upon the adoption of flow control by Pierce County unless granted a waiver by the Pierce County Solid Waste Management Board.

(3) Billing. License holders are responsible for payment of all tipping fees and site charges. Tipping fees and site charges are to be paid promptly by the license holder directly to the facility. In the event that an operator persists in nonpayment of tipping fees and site charges, the Department may, at its option, condition continued licensing upon a cash deposit of an adequate amount to cover such fees to be held in trust for the benefit of the approved facility. Failure to pay tipping fees and site charges shall result in billing by Pierce County; said bills are payable within 30 days of the billing date. Failure to pay tipping fees and site charges may result in revocation of license and registration after written notice to the license holder.

(4) Inspection. The Department may inspect and approve all solid waste collection and transportation vehicles before granting a license and at such other times as the Department deems necessary. Said inspections do not ensure or represent that said vehicles are safe or road worthy. All registered vehicles must comply with Department of Motor Vehicle registrations.

(5) Compliance with Administrative Code. Any additional requirement of Chapter NR 180 of the Wisconsin Administrative Code must be complied with.

(6) Use of approved facilities.

(a) The Pierce County Solid Waste Management Board shall designate approved facilities for disposal of solid waste and refuse removed, collected and transported from Pierce County communities. The Pierce County Solid Waste Management Board shall also designate approved facilities for the delivery of recyclable materials removed, collected and transported from Pierce County communities.

(b) The Pierce County Solid Waste Management Board may designate specific disposal facilities for use by certain communities from time to time as is necessary to promote the general health and welfare of the public and to implement a solid waste management program.

(c) Upon arrival at an approved facility, the operator shall indicate from which community solid waste was collected and transported to the site.

(d) Operators will maintain logs and report tonnage transported and delivered as required by the Department.

(e) In the event that a licensed operator is ordered pursuant to § 287.13, Wis. Stats., to utilize a specific approved facility by the Department, said operator has 60 days to comply prior to invocation of penalties as hereinafter stated, if not barred by statute or stayed by appeal as described in § 287.13, Wis. Stats.

(7) Any contract made by the license holder with any person for solid waste collection in Pierce County that is not in compliance with this chapter shall be void to the extent it allows or requires conduct impermissible under this chapter.

(8) Collection personnel will operate at all times in a safe and courteous manner. Public safety and environmental protection shall be the primary considerations of operation.

(9) Collection vehicles will be maintained to provide for collection of solid waste. This may require, for example, that demolition waste be collected separately and not mixed with garbage or hazardous wastes and that vehicles be outfitted to collect separated wastes such as recyclables and yard waste.

(10) Only wastes deemed acceptable shall be collected for transport to facilities designated for use by the Solid Waste Management Board.

(11) License holders shall operate at all times in compliance with laws and codes of the State of Wisconsin and appropriate federal regulations.

(12) Licensed haulers shall implement a volume-based user fee system for the collection and disposal of all solid waste generated from residential households. Volume-based fees shall apply where the waste collected per individual household exceeds one forty-five-gallon container per week. For weekly service which does not equal or exceed this amount, at the option of the hauler, a flat fee or a volume-based fee for service may be charged. The license holder shall submit all available written documentation to the Department of Land Management that shows the number and addresses of households using volume-based fees. If the license holder does not have all the requested documentation available, then the license holder must submit to the Department of Land Management all available written documentation and identify the townships, villages and cities that can supply the additional documentation. The townships, villages and cities identified are then held responsible to submit written documentation to the Department of Land Management that shows the number and addresses of households using volume-based fees. This documentation shall be submitted to the Department on or before July 1 and December 31 of each year.

§ 201-6 Intermediate solid waste facilities.

A. No intermediate solid waste facility shall be constructed, established, maintained or operated unless the operator or owner thereof has first been issued a license from the Solid Waste Management Board and a permit from the Wisconsin Department of Natural Resources. The applicant shall meet all requirements for obtaining a license as specified in § 201-2 of this chapter. The application for a license shall contain the following information:

(1) An operating schedule and a schedule of fees to be levied at the intermediate solid waste facility.

(2) An affidavit stating that the applicable township governments have been given at least 45 days' notification of the pending application for a license.

(3) Written proof from the County Zoning Administrator that the appropriate zoning designation has been granted.

(4) Sufficient documentation to enable the Solid Waste Management Board to determine whether the applicant is financially and operationally capable to properly dispose of all solid waste.

(5) Any other information requested by the Solid Waste Management Board to assess environmental and public health impacts.

(6) Plans for the unloading of solid waste from contributing vehicles. Unloading shall be conducted in such a manner as to prevent or eliminate odor and litter outside the facility.

B. Local units of government shall be exempted from payment of fees for transfer stations and canister sites owned and operated by that local unit of government.

§ 201-7 Incineration.

The following requirements shall apply to all incinerators of any size which process solid waste.

A. No entity shall install or operate an incinerator without first obtaining a license from the Solid Waste Management Board.

B. No license for an incinerator will be granted for the combustion of materials deemed to be recyclable by the Pierce County Solid Waste Management Board.

C. The applicant shall meet all requirements for obtaining a license as specified in § 201-2 of this chapter. Furthermore, the Solid Waste Management Board shall not issue a license until the applicant and facility comply with the following requirements:

(1) All of the same rules, regulations, policies and criteria for incinerator construction, operation and maintenance contained in state rules administered by the Wisconsin Department of Natural Resources which apply to incinerators.

(2) Upon completion of the facility and prior to initial operation, the Department of Land Management shall be notified to allow personnel of the county to inspect the facility both prior to and during the performance tests.

D. The application for a county license shall include, but may not be limited to, the following:

(1) A schedule including days and hours of operation and a schedule of fees to be levied at the incinerator.

(2) General description of property within a radius of up to five miles from the proposed incinerator. The Solid Waste Management Board shall make a determination of the required radius based upon the proposed incinerator's size, capacity, stack height, potential emissions and other characteristics.

(3) Proof from the applicant that the applicable township or municipal governments have been given at least 45 days' written notification of the pending application for a license.

(4) An affidavit from an officer, agent or representative of the applicable township or municipality stating that the facility as proposed appears to be in compliance with any ordinance already established by said township or other municipality.

(5) Written proof from the County Zoning Administrator that the appropriate zoning designation has been granted.

(6) Sufficient documentation to enable the Solid Waste Management Board to determine whether the applicant is financially and operationally capable to properly process and dispose of all solid waste.

(7) All of the same information required for review by the state rules administered by the Wisconsin Department of Natural Resources which apply to incinerators.

(8) Such additional data and information reasonably related to the purposes served by this chapter as may be required by the Department of Land Management. The Solid Waste Management Board may require an environmental health risk assessment from any applicant for an incinerator license.

E. Trained and qualified operators shall supervise the operation and maintenance of the incinerator and associated components at all times.

F. During normal operation, the facility shall comply with the following requirements:

(1) Permanent records shall be maintained for county inspection as to the quantity, composition and source of material incinerated, the total quantity of resulting residue and total hours of plant operation. Records of emission and residue testing shall also be retained and be made available for county inspection.

(2) Any discharges to the air or to surface or ground waters of the state shall meet all applicable state and county rules for air and water quality or emission and effluent standards now or hereafter adopted.

(3) All unloading and processing of solid waste at the facility shall be conducted in such a manner as to prevent or eliminate odors and litter outside the facility.

G. Incinerators which will be used to destroy or dispose of infectious waste shall follow all state rules for the handling, storage and transportation of infectious waste. Operators of infectious waste incinerators shall also provide training to employees and contracted infectious waste transporters and handlers sufficient to minimize the potential of exposure to susceptible hosts or members of the public.

§ 201-8 Land disposal facilities.

A. Land disposal facilities, including but not limited to engineered solid waste landfills and demolition landfills, shall meet all the requirements or rules administered by the Wisconsin Department of Natural Resources and Pierce County which govern these facilities. Additionally, no person shall establish, operate or maintain a land disposal facility without first obtaining a license from the Solid Waste Management Board in accordance with § 201-2.

B. An application for a county license shall include, but is not limited to, the following:

(1) Location, size and ownership of land upon which the operation will be situated.

(2) General description of property used within a mile of the operation.

(3) Complete construction plans and specifications and proposed operating procedures for the operation. These submittals shall conform to Department of Natural Resources requirements. Copies of all application documents submitted to the Department of Natural Resources for permitting purposes shall also be included with any application for a county license.

(4) Rates and charges to be imposed at the operation.

(5) Proof from the applicant that the applicable township or municipal governments have been given at least 45 days' written notification of the pending application for a license.

(6) An affidavit from an officer, agent or representative of the applicable township or municipality stating that the facility as proposed appears to be in compliance with any ordinance already established by said township.

(7) An affidavit from the County Zoning Administrator that the appropriate zoning designation has been granted.

(8) Such additional data and information reasonably related to the purposes served by this chapter as may be required by the Department of Land Management.

C. A solid waste land disposal facility shall be sited, constructed, operated and maintained in compliance with requirements and rules administered by the Wisconsin Department of Natural Resources and Pierce County and the appropriate township and all applicable state and federal regulations.

D. A solid waste land disposal facility shall also be operated according to the following criteria:

(1) A sign shall be posted on the premises indicating the name of the operation, name and telephone number of the owner or agent, the days and hours during which it is open to the public and user charges, if any. The sign shall be approved by the Department of Land Management.

(2) The construction, maintenance and landscaping plans must be submitted and approved in advance by the Pierce County Solid Waste Management Board. The owner and operator shall adhere to all provisions of the approved plans. The Pierce County Solid Waste Management Board may revoke, suspend or deny permits for failure to adhere to approved construction, maintenance or landscaping plans.

(3) Sanitary facilities and shelter adequate for employees shall be provided on the premises.

(4) No radioactive material, industrial waste or ash or other residual from an incinerator and associated pollution control devices or technology shall be placed in a solid waste land disposal facility unless it has been immobilized such as by mixing with cement or by calcining with glass, clay or other minerals so as to render that immobilized product insoluble under solid waste land disposal conditions.

(5) Only processed wastes shall be placed in a solid waste land disposal facility. Organic wastes shall have first been composted, incinerated or otherwise reduced in volume and stabilized. Inorganic wastes and demolition debris shall have first been processed through a complete recycling program to remove all materials that can be recycled.

(6) Records in a form acceptable to the Department of Land Management shall be maintained indicating the type and quantity of solid waste processed by the operation.

(7) The operation shall be located, equipped, operated and maintained in a manner which prevents the creation of a nuisance or unsanitary condition.

(8) The premises' entrances and exits shall be maintained in a clean, neat and orderly manner at all times.

(9) All unloading and processing of solid wastes at the land disposal facility shall be conducted in such a manner as to prevent or eliminate odors and litter outside the facility.

E. Trained and qualified operators shall supervise the operation and maintenance of the solid waste disposal facility and associated components at all times. Training and qualifications shall be reviewed and approved by the Solid Waste Management Board.

F. A special license may be granted for a one-time burial of demolition debris on the site or project area where the demolition occurred, under the following conditions:

(1) The site is within the Agricultural (A) or Industrial (I) Zones according to the Pierce County Zoning Map.

(2) The site is not in a floodplain or shoreland zone and the depth to groundwater below the bottom of the proposed fill is greater than 10 feet.

(3) Demolition and filling can be completed in 30 days or less.

(4) The site is more than 100 feet from the nearest property line.

(5) The applicant submits the information required in Subsection B(1) through (3) of this section.

(6) Final cover consists of at least two feet of suitable soil, including six inches of topsoil capable of maintaining vegetative growth.

(7) The fill area is properly mulched and seeded to prevent erosion.

§ 201-9 Recycling and composting facilities.

A. No recycling or composting facilities shall be constructed, established, maintained or operated unless the operator or owner thereof has first been issued a license from the Solid Waste Management Board. The applicant shall meet all requirements for obtaining a license as specified in § 201-2 of this chapter and shall meet all requirements or rules administered by the Wisconsin Department of Natural Resources and Pierce County which govern these facilities. The application for a license shall contain the following information:

(1) Location, size and ownership of land upon which the operation will be situated.

(2) General description of property used within a quarter mile of the operation.

(3) Complete construction plans and specifications and proposed operating procedures for the operation.

(4) Recyclable and compostable materials to be accepted at the facility.

(5) An affidavit stating that the applicable township governments have been given 45 days' written notification of the pending application for a license.

(6) An affidavit from the County Zoning Administrator that the appropriate zoning designation has been granted.

(7) Such additional data and information reasonably related to the purposes served by this chapter as may be required by the Department of Land Management.

B. A recycling and composting facility shall be constructed, operated and maintained in compliance with the following requirements:

(1) A sign shall be posted on the premises indicating the name of the operation and the days and hours during which it is open to the public.

(2) Sanitary facilities and shelter adequate for employees shall be provided on the premises.

(3) Records in a form acceptable to the Solid Waste Management Board shall be maintained indicating the sources, types, quantities and markets for recyclables and the sources, types, quantities, levels of contamination and markets for compostables as well as finished compost.

(4) The operation shall be located, equipped, operated and maintained in a manner which prevents the creation of a nuisance or unsanitary condition.

(5) The premises' entrances and exits shall be maintained in clean, neat and orderly manner at all times.

(6) Composting facilities shall have provisions to collect, evaluate and dispose of any leachate from the composting operation or storage of any compost.

(7) All storage areas for unfinished or finished compost shall include an impermeable concrete floor, a roof and a leachate collection system.

(8) Finished compost to be given away, marketed, sold or otherwise distributed for use within Pierce County shall meet Minnesota Class I standards (or State of Wisconsin equivalent when established) unless exempted by the Solid Waste Management Board when it can be demonstrated that the production and use of compost of lower quality will not cause harm to the environment or human health.

(9) Facilities for composting solid waste shall incorporate up-front source separation to remove recyclables corresponding to Pierce County's source separation rate at the time the license would be granted.

(10) Composting operations must have provisions for removal of hazardous wastes and batteries from the compost material at the earliest possible stage of the process.

(11) An odor-control system which would prevent nuisances to adjoining properties must be designed, operated and maintained for any composting operation. Plans for odor-control systems must be submitted and approved by the Solid Waste Management Board.

§ 201-10 Separation and processing of recyclables.

A. Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties in Pierce County shall separate the following materials from postconsumer waste:

(1) Lead acid batteries.

(2) White goods.

(3) Waste oil.

(4) Yard waste.

(5) Aluminum containers.

(6) Bi-metal containers.

(7) Corrugated paper or other container board.

(8) Foam polystyrene packaging.

(9) Glass containers.

(10) Magazines.

(11) Newspaper.

(12) Office paper.

(13) Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS and other resins or multiple resins.

(14) Steel containers.

(15) Waste tires.

(16) Fluorescent light bulbs.

B. Exemptions. The separation requirements of Subsection A of this section do not apply to the following:

(1) Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties who send their postconsumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in Subsection A of this section from solid waste in as pure a form as is technically feasible.

(2) Solid waste which is burned as a supplemental fuel at a facility if less than 30% of the heat input to the solid waste management facility is derived from the solid waste burned as supplemental fuel.

(3) A recyclable material specified in Subsection A of this section for which a variance has been granted to the county by the Department of Natural Resources under § 287.11(2m), Wis. Stats., or Section NR 544.14 of the Wisconsin Administrative Code.

C. Care of separated materials. To the greatest extent practicable, the recyclable materials separated in accordance with Subsection A of this section 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 agriculture chemical containers. Recyclable materials shall be stored in a manner which protects them from wind, rain and other inclement weather conditions.

D. Management of lead acid batteries, white goods, waste oil and yard waste. Occupants of single-family and two to four unit residences, multiple-family dwellings and nonresidential facilities and properties shall manage fluorescent light bulbs, lead acid batteries, white goods, waste oil and yard waste as follows:

(1) Fluorescent light bulbs shall be taken to the Pierce County heavy metal and rubber day cleanup or residents can contact a licensed vendor to properly dispose fluorescent bulbs.

(2) Lead acid batteries shall be taken to an area retail business that sells vehicle batteries.

(3) White goods shall be taken to the Pierce County heavy metal and rubber day cleanup. Residents can also contract with a licensed hauler to dispose of white goods.

(4) Waste oil shall be brought to a designated waste oil collection site. Contact the Department of Land Management for a list of designated sites.

(5) Yard waste shall be managed on site or brought to a municipal compost facility. Yard waste shall not be placed in a landfill or incinerator.

E. Preparation and collection of recyclable materials. Except as otherwise directed by the Department of Land Management, occupants of single-family and two- to four-unit residences shall do the following for the preparation and collection of the separated materials specified in Subsection A of this section:

(1) Aluminum containers shall be cleaned thoroughly and flattened. The containers shall be placed in the approved recycling bin and placed upon the curb on the day designated for collection or they shall be placed in the designated receptacle of an established drop-off site during the days and hours of operation.

(2) Bi-metal containers shall be rinsed clean, labels removed, top and bottom removed and flattened. The containers shall be placed in the approved recycling bin and placed upon the curb on the day designated for collection or they shall be placed in the designated receptacle of an established drop-off site during the days and hours of operation.

(3) Corrugated paper or other container board shall be cleaned of all food contaminants and flattened. The containers shall be placed in the approved recycling bin and placed upon the curb on the day designated for collection or they shall be placed in the designated receptacle of an established drop-off site during the days and hours of operation.

(4) Foam polystyrene, beginning on January 1, 1995, shall be rinsed free of product residue and the containers shall be placed in the approved recycling bin and placed upon the curb on the day designated for collection or they shall be placed in the designated receptacle of an established drop-off site during the days and hours of operation.

(5) Glass containers shall be rinsed clean, caps and rings removed and kept separate by color. Window glass, ceramics, china, light bulbs or glass cookware shall not be included. These glass items are not recyclable. The containers shall be placed in the approved recycling bin and placed upon the curb on the day designated for collection or they shall be placed in the designated receptacle of an established drop-off site during the days and hours of operation.

(6) Magazines shall be bundled with string or placed in a paper bag. The containers shall be placed in the approved recycling bin and placed upon the curb on the day designated for collection or they shall be placed in the designated receptacle of an established drop-off site during the days and hours of operation.

(7) Newspapers shall be bundled with string or placed in a paper bag. The containers shall be placed in the approved recycling bin and placed upon the curb on the day designated for collection or they shall be placed in the designated receptacle of an established drop-off site during the days and hours of operation.

(8) Office paper shall be placed in a cardboard box or paper bag, and on the box or bag shall be labeled "office paper." The containers shall be placed in the approved recycling bin and placed upon the curb on the day designated for collection or they shall be placed in the designated receptacle of an established drop-off site during the days and hours of operation.

(9) Rigid plastic containers shall be prepared and collected as follows:

(a) Plastic containers made of PETE shall be rinsed with tops and pumps removed and flattened. The containers shall be placed in the approved recycling bin and placed upon the curb on the day designated for collection or they shall be placed in the designated receptacle of an established drop-off site during the days and hours of operation.

(b) Plastic containers made of HDPE shall be rinsed with tops and pumps removed and flattened. The containers shall be placed in the approved recycling bin and placed upon the curb on the day designated for collection or they shall be placed in the designated receptacle of an established drop-off site during the days and hours of operation.

(c) Plastic containers made of PVC shall be collected beginning January 1, 1995. Plastic containers made of PVC shall be rinsed with tops and pumps removed and flattened. The containers shall be placed in the approved recycling bin and placed upon the curb on the day designated for collection or they shall be placed in the designated receptacle of an established drop-off site during the days and hours of operation.

(d) Plastic containers made of LDPE shall be collected beginning January 1, 1995. Plastic containers made of LDPE shall be rinsed with tops and pumps removed and flattened. The containers shall be placed in the approved recycling bin and placed upon the curb on the day designated for collection or they shall be placed in the designated receptacle of an established drop-off site during the days and hours of operation.

(e) Plastic containers made of PP shall be collected beginning January 1, 1995. Plastic containers made of PP shall be rinsed with tops and pumps removed and flattened. The containers shall be placed in the approved recycling bin and placed upon the curb on the day designated for collection or they shall be placed in the designated receptacle of an established drop-off site during the days and hours of operation.

(f) Plastic containers made of PS shall be collected beginning January 1, 1995. Plastic containers made of PS shall be rinsed and flattened. The containers shall be placed in the approved recycling bin and placed upon the curb on the day designated for collection or they shall be placed in the designated receptacle of an established drop-off site during the days and hours of operation.

(g) Plastic containers made of other resins or multiple resins shall be collected beginning January 1, 1995. Plastic containers made of other resins or multiple resins shall be rinsed with tops and pumps removed and flattened. The containers shall be placed in the approved recycling bin and placed upon the curb on the day designated for collection or they shall be placed in the designated receptacle of an established drop-off site during the days and hours of operation.

(10) Steel containers shall be rinsed clean, labels removed, top and bottom removed and flattened. The containers shall be placed in the approved recycling bin and placed upon the curb on the day designated for collection or they shall be placed in the designated receptacle of an established drop-off site during the days and hours of operation.

(11) Waste tires shall be brought to a licensed tire collection facility or brought to the Pierce County heavy metal and rubber day cleanup.

F. Owners or designated agents of multiple-family dwellings in Pierce County shall do all of the following unless postconsumer waste generated in those properties is treated at a processing facility that recovers for recycling the materials specified in § 287.07(3) and (4), Wis. Stats., from that solid waste in as pure a form as is technically feasible:

(1) Provide adequate, separate containers for the recycling program established in compliance with this section.

(2) Notify tenants in writing at the time of renting or leasing the dwelling and at least semiannually thereafter about the program in this section.

(3) Provide for the collection of recyclable materials separated from the solid waste by the tenants and the delivery of the recyclable materials to a recycling facility.

(4) Notify tenants of reasons to reduce and recycle solid waste, which materials are collected, how to prepare recyclable 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 phone number.

G. Owners or designated agents of nonresidential facilities and properties in Pierce County shall do all of the following unless postconsumer waste generated in those facilities and properties is treated at a processing facility that recovers the materials specified in § 287.07(3) and (4), Wis. Stats., from solid waste in as pure a form as is technically feasible:

(1) Provide adequate, separate containers for the recycling program established in compliance with this section.

(2) Notify in writing, at least semiannually, all users, tenants and occupants of the properties about the programs under this section.

(3) Provide for the collection of recyclable materials separated from the solid waste by the tenants and the delivery of the recyclable materials to a recycling facility.

(4) Notify users, tenants and occupants of reasons to reduce and recycle solid waste, which materials are collected, how to prepare recyclable 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 phone number.

§ 201-11 White goods, waste tires and lead acid batteries.

A. No white goods, waste tires or lead acid battery collection, interim storage, processing, salvage or disposal facility shall be constructed, established, maintained or operated unless the operator or owner thereof has first been issued a license from the Solid Waste Management Board and a permit from the Wisconsin Department of Natural Resources, if appropriate. The applicant shall meet all requirements for obtaining a license as specified in § 201-2 of this chapter. Retail outlets which receive white goods, waste tires or lead acid batteries in trade as a course of business are exempted from this chapter unless they subsequently process or dismantle these waste items or unless a risk to the environment or public health results from a retail outlet's handling or storage of these waste items. The application for a license shall contain the following information:

(1) Location, size and ownership of land upon which the operation will be situated.

(2) General description of property used within a mile of the operation.

(3) Complete construction plans and specifications and proposed operating procedures for the operation.

(4) Rates and charges to be imposed at the operation.

(5) A notarized affidavit stating that the applicable township governments have been given 45 days' written notification of the pending application for a license and that the proposed facility will be in compliance with any ordinances already established by said township.

(6) Numbers of white goods, waste tires and lead acid batteries to be stored, processed, salvaged or disposed of.

(7) Such additional data and information as may be required by the Department of Land Management.

B. A white goods, waste tires or lead acid battery salvage, processing, storage or disposal facility shall be constructed, operated and maintained in compliance with requirements and rules administered by the Wisconsin Department of Natural Resources and Pierce County.

C. A white goods, waste tires or lead acid battery salvage, processing, storage or disposal facility shall also be operated according to the following criteria:

(1) A sign shall be posted on the premises indicating the name of the operation, the days and hours which it is open to the public and user charges, if any. The sign shall be approved by the Department of Land Management.

(2) The premises shall be constructed and landscaped in such a manner as to be aesthetically pleasing in appearance.

(3) Sanitary facilities and shelter adequate for employees shall be provided on the premises.

(4) Records in a form acceptable to the Department of Land Management shall be maintained indicating the type and quantities of white goods, waste tires and lead acid batteries processed by the operation.

(5) The operation shall be located, equipped, operated and maintained in a manner which prevents the creation of a nuisance or unsanitary condition.

(6) The entrances and exits of the premises shall be maintained in a clean, neat and orderly manner at all times.

(7) All unloading of white goods, waste tires and lead acid batteries from contributing vehicles shall be conducted in such a manner as to prevent or eliminate nuisances and litter outside the facility.

(8) Waste tires shall be immediately shredded or stored under cover so as to prevent the accumulation of water in the tires that could serve as breeding areas for mosquitoes.

(9) Lead acid batteries shall be stored on an impermeable curbed surface that is not affected by acids which may spill or leak from the batteries stored thereon. The curbed surface shall be covered with an impermeable roof or other approved means to eliminate the pooling or collection of rain or snow in the storage areas. Spilled acids shall be collected and disposed of according to Department of Natural Resources and Pierce County regulations.

(10) Unless granted by a waiver, no facility shall have more than 100 white goods, 800 waste tires and 400 lead acid batteries on site at any one time.

(11) White goods collected must be transported to a licensed salvage or dismantling facility that has the proper equipment and trained employees to prevent PCB's, mercury, lead and refrigerants, including freon, from entering the environment or risking human health. No salvage operation in Pierce County shall be licensed to dismantle white goods unless PCB's, mercury, lead and refrigerants can be properly captured and recycled or disposed of in permitted facilities.

(12) The operator of any white goods storage, processing, salvage or disposal facility shall maintain records which show the numbers and types of white goods accepted, amounts of PCB's, mercury, lead and refrigerants or materials contaminated by these substances collected and disposed of and the numbers and types of white goods disposed of at any other salvage operation, dismantling plant, transfer station or other intermediate or final disposal site. All records must be available for county inspection.

§ 201-12 Clean fill disposal sites.

[Added by Ord. No. 93-3]

Clean fill sites shall be reviewed by the Department of Land Management without special requirements unless upon Department review it is discovered that shoreland protection requirements would be violated, protected species would be endangered or the location of the site would constitute a public nuisance. These exceptions would require approval of the Solid Waste Management Board.

§ 201-13 Disposal of solid waste on private property.

[Amended by Ord. No. 95-7]

No unlicensed facility for the disposal of solid waste on private property, including burial sites and burning barrels, shall be constructed, established, continued, maintained or operated after January 1, 1993.

A. Individuals may burn yard waste generated on their own property, including but not limited to brush, stumps or unpainted and untreated wood, with prior notification to the Pierce County Department of Solid Waste, unless township or municipal regulations prohibit open burning of these materials. All necessary precautions shall be taken to prevent unauthorized material from being burned, to keep the fire under control and to burn when wind and weather conditions are such as to minimize adverse effects and to conform to local and state fire protection regulations. Nothing in this chapter shall be construed as relieving a person from the responsibility of obtaining any necessary township or municipal burning permit. Burning shall take place only on the property on which the yard waste was generated.

B. Operations and facilities used for composting organic wastes such as leaves, grass clippings, garden trimmings and vegetative food and kitchen wastes from single-family homes are exempt from these regulations, provided that they are operated in a nuisance-free and odor-free manner. Meat, meat scraps, bones and grease shall not be composted within exempted single-family composting operations because of potential nuisance problems.

§ 201-14 License fees.

Approval by the Solid Waste Management Board of an application for a license for a solid waste management facility shall be made in accordance with these regulations and must include the payment to the county of a license application fee based upon the current fee schedule established by the Solid Waste Management Board. The amounts of the license fees shall be based upon the cost to the county of processing the license applications and administering and enforcing this chapter with respect to said licenses. The fees prescribed shall be paid by a license applicant for each facility maintained. Solid waste license fees shall be paid annually as a condition for license renewal. Nonpayment of the annual solid waste license fee shall be grounds for denial of license renewal. There shall be a ten-percent penalty fee for late payment of fees 30 days beyond the renewal date. Fees shall be paid to the Pierce County Department of Land Management prior to issuance of licenses.

§ 201-15 Termination of solid waste operations.

A. All land disposal operations licensed by the county shall be terminated in accordance with rules administered by the Wisconsin Department of Natural Resources and Pierce County.

B. The licensee of any operation in Subsection A of this section which includes water monitoring wells, lysimeters or any other monitoring device or plan which is reviewed by the county or the Wisconsin Department of Natural Resources shall establish with the county an escrow account no later than one year from the effective date of the ordinance codified in this chapter or five years prior to termination of the operation, whichever occurs sooner. The purpose of the escrow account is to set aside adequate funds to continue the sampling required by the county or the Department of Natural Resources for a period of no less than 50 years from termination of the operation. The Solid Waste Management Board shall specify by resolution the amount of money to be deposited in the account and the terms for payments which shall be made by the licensee to that account. Failure by the licensee to meet the escrow account conditions established by the Solid Waste Management Board shall constitute a failure of the licensee to comply with the terms of this chapter, thereby enabling the county to use the provisions of § 201-2E to make the necessary withdrawals from the escrow account.

C. The county, at its option, shall perform, supervise or review all long-term monitoring required by the county or the Wisconsin Department of Natural Resources following termination or abandonment of all solid waste operations.

D. The licensee of each solid waste operation shall inform the Solid Waste Management Board in writing of the intent to abandon or terminate the operation. Such notice shall be provided in advance of the abandonment or termination date by the following amounts of time:

(1) Land disposal facility: three years.

(2) Intermediate storage facility: one year.

(3) Incineration facility: three years.

(4) Collection/transportation service: one year.

(5) Recycling and composting facility: one year.

E. Failure of a licensee to comply, for any reason, with the above advance notice requirements shall constitute a failure of the licensee to comply with the terms of this chapter.

§ 201-16 Unlawful disposal of solid waste.

No person shall burn, dump, place, deposit, bury or otherwise dispose of solid waste in, or cause the littering of, any roadside, public park, private property, waterway or other body of water or any other geographical component of Pierce County.

A. Each person shall be responsible for the legal and safe storage, collection, transportation and disposal of solid waste that is generated in that person's residence or place of business. Should solid waste be improperly or illegally stored, collected, transported or placed in final disposal, the person generating the waste, in the absence of clear negligence by others, is responsible for pickup, proper disposal and the repair of any damages which may result.

B. No person shall place, deposit or dump solid waste or any other item besides properly prepared and separated recyclables at any drop-off location or in any curbside collection container established for the collection of recyclables. Only materials declared by the Pierce County Solid Waste Management Board to be recyclable shall be placed in drop-off locations or curbside collection containers established for the collection of recyclables.

C. No person shall place, deposit or dump hazardous waste at any unauthorized location, recyclable drop-off location or in a curbside container for the collection of recyclables. No person shall place, deposit or dump any hazardous waste in solid waste beyond normal household quantities and compositions. No person owning or operating industrial, business or institutional facilities shall place, deposit or dump any hazardous waste into solid waste. All such hazardous wastes or hazardous materials must remain segregated and be disposed of according to local, state and federal regulations.

D. The Department of Land Management or other agency shall gather evidence to determine ownership and responsibility for solid waste. For the purposes of determining ownership and responsibility for improperly or illegally stored, transported or disposed solid waste, the presence of three or more pieces of mail with the same name and address shall be sufficient to establish presumptive ownership.

E. In the absence of the successful determination of ownership and responsibility for improperly or illegally stored, transported or disposed solid waste, the owner of the property on which the solid waste is discovered shall be responsible for the safe and legal handling and disposal.

§ 201-17 Waivers.

Upon written application by the applicant or operator, the Solid Waste Management Board may grant waivers from the provisions of this chapter in order to promote the effective and reasonable application and enforcement of the provisions of this chapter. If such waiver would result in noncompliance with Department of Natural Resources rules, a variance application must be approved by the Department of Natural Resources as well.

A. A waiver may be granted by the Solid Waste Management Board after a public hearing where the Solid Waste Management Board determines that enforcement of this chapter would cause the applicant undue hardship or that the chapter cannot be complied with due to technological impossibility or economic unreasonableness, except that such waiver shall not result in any greater release of toxic materials or pollutants than would have occurred before the waiver was granted.

B. Such a waiver shall not be granted for a period in excess of two years but may be renewed upon reapplication and after a public hearing is held.

C. A waiver may be revoked prior to its expiration by the Solid Waste Management Board at a public hearing.

D. An application for a waiver shall be accompanied by a plan and schedule for achieving compliance with this chapter.

E. Prior to any public hearing held by the Solid Waste Management Board under this provision, persons who may be adversely affected by the granting of the proposed waiver shall be given at least 30 days' notice of said public hearing. Publication of a notice of hearing in compliance with state laws shall be considered adequate notice.

F. An applicant for a waiver shall pay an application fee set by the Solid Waste Management Board.

§ 201-18 Nonconforming sites and facilities.

Solid waste management facilities in existence on the effective date of the ordinance codified in this chapter shall conform to the provisions of this chapter or terminate operations no later than 180 days from that date unless a waiver application is submitted to the Solid Waste Management Board within a one-hundred-eighty-day period following the effective date of the ordinance codified in this chapter. If a waiver application is denied by the Solid Waste Management Board, the operation must conform to the provisions of this chapter or terminate operations within 60 days of the denial.

§ 201-19 Additional requirements.

For the purpose of protecting the public health, safety and welfare, the Solid Waste Management Board may impose additional requirements consistent with the intent of this chapter for the operation of solid waste management sites, facilities or activities.

§ 201-20 Construal of provisions.

A. Provisions are cumulative. The provisions of this chapter are cumulative limitations upon all other laws and ordinances heretofore passed or which may be passed hereafter covering any subject matter of this chapter.

B. No consent given to construct other than in compliance with chapter. Nothing contained in this chapter shall be deemed to be a consent, license or permit to locate, construct, operate or maintain any site, facility or operation or to carry on any activity.

C. Other ordinances and regulations. Nothing in this chapter shall preclude any local unit of government from adopting regulations more strict than this chapter.

§ 201-21 Violations and penalties.

A. Violations.

(1) Any person who violates or fails, neglects or refuses to comply with the provisions of this chapter shall be guilty of an ordinance violation and upon conviction thereof shall be sanctioned therefor as provided by this section. A separate offense shall be deemed committed upon each separate day during or on which a violation occurs or continues.

(2) This chapter, in addition to other remedies, may be enforced by injunction, action to compel performance or other appropriate action in District Court to prevent, restrain, correct or abate violations.

B. Penalties.

(1) Any person that is found in violation of any provision of this chapter shall be fined a minimum of $10 to a maximum of $2,000 per violation or occurrence.

(2) Any person that has a license to operate any solid waste facility under terms of this chapter may have that license suspended or revoked if found in violation of any part of this chapter. Any person who is in violation of any part of this chapter shall not be issued any license or additional license unless all previous violations have been remedied to the satisfaction of the Solid Waste Management Board.

(3) The Solid Waste Management Board may, at its discretion, revoke the license of any solid waste operator or facility which repeatedly violates this chapter. Three or more violations of a nature which would not result in immediate suspension or revocation, at the discretion of the Solid Waste Management Board, may be sufficient grounds for revoking a license for any solid waste management facility or activity.