[HISTORY: Adopted by the Town Board of the Town of Winneconne as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-20-1994 as §§ 11.03 and 11.10 of the 1994 Code]
Any building or trailer new to a lot or parcel of land, whether constructed on or moved on, shall be connected to an approved disposal system.
[Adopted 10-18-2001 (§ 11.05 of the 1994 Code)]
The purpose of this article is to control the importation for the purpose of disposal, spreading, storage or treatment of sludge into the Town of Winneconne from surrounding communities. In addition, no person may own or operate a public or private landfill within the Town of Winneconne.
This article pertains to sludge, originating in part or in whole from within the Town, which is defined as a municipal sewer treatment residue, whether solid, semisolid or liquid, that has been processed or treated.
It is not intended by this article to repeal, abrogate, annul, impair or interfere with any existing rules, regulations, ordinances or permits previously adopted or issued pursuant to law. However, whenever this article imposes greater restrictions, the provisions of this article shall apply.
The provisions of this article shall be held to be the minimum requirements and shall not be deemed a limitation or repeal of any other power granted by Wisconsin Statutes. Where any terms or requirements of this article may be inconsistent or conflicting, the more restrictive requirements or interpretation shall apply.
The requirements of this article shall apply to all persons and entities, whether or not said person lives within the boundaries of the Town of Winneconne or said entity has its business located in the Town of Winneconne.
For the purpose of this article, the following terms shall have the meanings indicated:
- Municipal sewer treatment residue, whether solid, semisolid
or liquid, which has been processed or treated.[Added 11-19-2009]
- The temporary placement of an item, mixture, waste or other material with the intent to move, use, spread or dispose of said material at some time in the future.
- SURROUNDING COMMUNITIES
- Those areas not found within the boundaries of the Town of Winneconne at the time of enactment of this article. These surrounding communities include but are not limited to residences, businesses, communities, municipalities, and government agencies.
- Any method, technique or process which is designed to change the physical, chemical or biological character or composition of sludge. "Treatment" includes spreading on fields and incineration.
No person or entity may transport, recycle, store, apply to land or treat any sludge in the Town of Winneconne that has been brought in from surrounding communities without a permit.
Any authorized officer, employee or representative of the Town of Winneconne may inspect imported materials for potential sludge and any records relating to imported products for the purpose of ascertaining compliance with the provisions of this article. No person may refuse access to any authorized officer, employee or authorized representative of the Town of Winneconne who requests access for purposes of inspection and who presents appropriate credentials. No person may obstruct, hamper, or interfere with an inspection.
Any person or entity that violates a provision of this article may be issued a citation by the Town of Winneconne to collect forfeitures. Proceeding under any other ordinance of law relating to the same or any other matter shall not preclude the issuance of a citation under this subsection.
Penalties for violating this article are as follows:
Any person who violates a provision of this article may be required to forfeit $100 for a first violation, $500 for a second violation, and not more than $2,000 for each subsequent violation. Each day of noncompliance with this article may be considered a separate violation of this article.
Any person who violates a provision of this article shall be subject to injunctive relief as applied for by the Town of Winneconne.
Permits may be granted as directed by the Town Board. A request for a permit will be reviewed on a case-by-case basis with the following guidelines:
Each request for a permit shall be presented to the Town Clerk, in writing, a minimum of 10 days prior to the monthly Town Board meeting.
Each request for a permit shall be presented to the Town Board at the monthly Town Board meeting by the person or entity requesting the permit.
A permit fee as set by the Town Board will be required in order to process and record all permits.
If a permit is granted, it shall be valid for a period of one year from the date issued.
Each permit shall designate restrictions for use.
Failure to comply with restrictions presented on the permit shall be cause for retraction of said permit and result in a penalty as set by the Town Board.
If after granting a permit the Town Board determines that there is a legitimate reason to review the permit, the Town Board may schedule a special meeting to reconsider conditions of the permit or to retract the permit.