City of New Berlin, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of New Berlin 10-10-2000 by Ord. No. 2124 as Secs. 11.12, 11.13 and 11.15 of the Municipal Code. Amendments noted where applicable.]
GENERAL REFERENCES
Health and sanitation — See Ch. 137.
Nuisances — See Ch. 175.
Solid waste — See Ch. 220.

§ 133-1 Purposes.

The purposes of this chapter are:
A. 
To ensure safe and effective hazardous waste management; and
B. 
To establish a program of regulation over the storage, transportation, treatment and disposal of hazardous wastes in the city.

§ 133-2 Findings.

The city finds that:
A. 
Increasing production and consumption rates, continuing technological development and energy requirements have led to the generation of greater quantities of hazardous waste;
B. 
The problems of disposing of hazardous waste are increasing as a result of air and water pollution controls and a shortage of available landfill sites;
C. 
While it is technologically and financially feasible for hazardous waste generators to dispose of their wastes in a manner which has a less adverse impact on the environment than current practices, such knowledge is not being utilized to the extent possible;
D. 
Even though the city is not heavily industrialized, there is a significant daily hazardous waste disposal problem; and
E. 
The public health and safety and the environment are threatened where hazardous wastes are not managed in an environmentally sound manner.

§ 133-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
DISPOSAL
The discharge, deposit, injection, dumping, spilling, leaking or placing of any hazardous waste into or on any land or water so that this hazardous waste or any constituent thereof may enter the environment, be emitted into the air, or be discharged into any waters, including groundwaters.
GENERATION
The act or process of producing hazardous waste.
HAZARDOUS WASTE
Any waste or combination of wastes of a solid, liquid, contained gaseous or semisolid form which, because of its quantity, concentration or physical, chemical or infectious characteristics, as established by the Mayor, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed. Such wastes include, but are not limited to, those which are toxic, carcinogenic, flammable, irritants, strong sensitizers or which generate pressure through decomposition, heat or other means, as well as containers and receptacles previously used in the transportation, storage, use or application of the substances described as a hazardous waste.
MAYOR
The Mayor of the City of New Berlin or his or her designated agent.
PERSON
Any individual, partnership, corporation (including a government corporation), trust, association, firm, joint stock company, organization, commission, the city or federal government, or other entity.
STORAGE
Containment in such a manner as not to constitute disposal.
TRANSPORT
The movement from the point of generation to any intermediate site, and finally to the point of ultimate storage or disposal.
TREATMENT
Any method, technique or process, including neutralization, designed to change the physical, chemical or biological character or composition of hazardous waste so as to neutralize or render it nonhazardous, safer for transport, amenable for recovery or storage or reduced in volume.
TREATMENT FACILITY --
A location for treatment, including an incinerator or a facility where generation has occurred.

§ 133-4 Permit required.

A. 
Thirty days after the effective date of this chapter, no person shall construct, substantially alter or operate any hazardous waste treatment or disposal facility or site, or store, transport, treat or dispose of any hazardous waste, without first obtaining a permit from the City Council for such facility, site or activity after review and recommendation by the Plan Commission.
B. 
The City Council may issue, vary or modify the terms of any permit, or suspend, revoke or deny a permit, to achieve the purposes of this chapter, except that the City Council may not issue a permit for a period exceeding one year. The City Council may establish the appropriate permit fee to cover the costs associated with its issuance.

§ 133-5 Granting of variance.

The City Council may grant a variance not to exceed 90 days upon a showing that compliance with the requirements of this act or the rules and regulations promulgated pursuant thereto would result in an unreasonable financial hardship, and that the public health and welfare would not be endangered.

§ 133-6 Inspection and right of entry.

A. 
[1] For the purpose of enforcing this chapter or any rule or regulation promulgated pursuant hereto, the Mayor or his designee may at any reasonable time, within reasonable limits, and in a reasonable manner, upon presenting appropriate credentials to the owner, operator or agent in charge:
(1) 
Enter without delay any place where hazardous wastes are generated, stored, treated and disposed.
(2) 
Inspect and obtain samples of any waste or substance used in the treatment of waste.
(3) 
Inspect and copy any records, reports, information or test results relating to the purposes of this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Each such inspection shall be commenced and completed with reasonable promptness.
C. 
If the officer or employee obtains any samples prior to leaving the premises, he or she shall give to the owner, operator or agent in charge a receipt describing the sample obtained and, if requested, a portion of each such sample equal in volume or weight to the portion retained. If any analysis is made of such samples, a copy of the results of such analysis shall be furnished promptly to the owner, operator or agent in charge.

§ 133-7 Appeal procedures.

A. 
Any person adversely affected by an action taken pursuant to the provisions of this chapter or the rules and regulations promulgated pursuant thereto is entitled to a hearing before the City Council upon filing with the City Clerk, within 15 days of the date of such action, a written request for a hearing.
B. 
The hearing shall be conducted in such a fashion that the person adversely affected may be represented by counsel and may present evidence, call and examine witnesses and cross examine other witnesses called. The City Council may call witnesses and may issue subpoenas. All witnesses shall be sworn by the City Council.
C. 
The City Council shall cause notes to be taken of the testimony and shall mark and preserve all exhibits. Within 20 days of such hearing, the City Council shall mail or deliver to the person adversely affected a written determination stating the reason therefor. The determination shall be a final determination.

§ 133-8 Suspension and revocation of permit.

A. 
The Mayor may suspend a permit issued in accordance with § 133-4 of this chapter for a period not to exceed three months if the holder of the permit is in violation of this chapter or the rules and regulations promulgated pursuant thereto. Written notice of the suspension shall be served upon the affected party or his or her designated agent. If no appeal is filed within 10 days of receipt of this notice, the suspension shall become final.
B. 
Where there is a history of repeated violations or a permit has been previously suspended, the Mayor may revoke a permit upon a showing of subsequent violation and upon providing the affected party, or his or her designated agent, with written notice of the intent to revoke the permit, with an opportunity for a hearing prior to revocation. The revocation shall take effect 15 days after notice has been given, unless a written request for a hearing is received by the Mayor within that period.
C. 
Where a permit has been revoked, the person affected has the right to reapply for a permit. If this person is able to demonstrate an ability and willingness to comply with the permit and with the provisions of this act and the rules and regulations promulgated pursuant thereto, the City Council may consider granting this new permit.

§ 133-9 Failure to immediately discontinue violation; injunction.

Notwithstanding any other provision of this chapter, if the Mayor finds that any person is operating a storage, treatment or disposal facility or site, or is transporting hazardous wastes in an illegal, unsafe or otherwise improper manner as to endanger the public health or welfare, the Mayor may order such person to immediately discontinue the act. Upon failure to comply with this order, the Mayor may request the City Attorney or his designee to commence appropriate civil action in the Circuit Court for Waukesha County or other court of competent jurisdiction to secure a restraining order, a preliminary injunction, a permanent injunction or other appropriate relief.

§ 133-10 Enforcement measures; notice of violation.

If the Mayor has reason to believe that there has been a violation of this act or of the rules and regulations promulgated pursuant thereto, he may, in lieu of or in addition to any other enforcement procedures, give written notice of such alleged violation to the person or persons responsible therefor, and order these persons to take the corrective measures as are deemed reasonable and necessary. This notice shall state the nature of the violation and shall allow reasonable time for the performance of the necessary corrective measures. If a person fails to comply with this notice within the time period stated in the notice, the Mayor shall institute such action as may be necessary to terminate the violation.

§ 133-11 Discharge of hazardous wastes prohibited.

No person shall discharge, or cause to be discharged, leak, leach or spill upon any public street, alley or public property, or onto the ground, surface waters, subsurface waters or aquifers, or on any private property except those areas specifically licensed for waste disposal or landfill activities, within the city, any hazardous waste as defined by § 133-3.
A. 
Containment, cleanup and restoration. Any person in violation of this section shall, upon direction of any emergency government officer or staff, begin immediate actions to contain, clean up and remove to an approved repository the offending material and restore the site to its original condition. Should any person fail to engage or complete the requirements of this section, the office of emergency government may order the required actions to be taken by public or private resources, with all costs incurred by the city to be reimbursed by anyone violating this section.
B. 
Access. Access to any site, public or private, where a prohibited discharge is indicated or reasonably probable will be provided to emergency government staff or officers for the purpose of evaluating the threat to the public and monitor containment, cleanup and restoration activities.
C. 
Public protection. Should any prohibited discharge occur that reasonably causes a threat to the life, safety or health of the public, the Director of Emergency Government, or in his absence the Deputy Director of Emergency Government or the senior police or fire official on the scene, may order an evacuation of the area or take other appropriate protective steps for a period of time until the Mayor or City Council can act.
D. 
Enforcement. The Director of Emergency Government or his deputies shall have authority to issue citations or complaints under this section.
E. 
Civil liability. Any person in violation of this section shall be liable to the city for any expenses incurred by the city or loss or damage sustained by the city by reason of such violation and to any individual whose person or property was damaged by such violation.

§ 133-12 Violations and penalties.

Except where otherwise provided herein, any person who shall violate any provision of this chapter or any order, rule or regulation made hereunder, upon conviction thereof, shall be subject to a penalty as provided by Chapter 1, General Provisions, § 1-18, of this Code.