[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)]
[Amended 11-19-2009]
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.
[Amended 11-19-2009]
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.
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.
[Amended 11-19-2009]
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.
A.
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.
B.
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.
C.
Penalties for violating this article are as follows:
(1)
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.
(2)
Any person who violates a provision of this article
shall be subject to injunctive relief as applied for by the Town of
Winneconne.
[Amended 11-19-2009]
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:
A.
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.
B.
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.
C.
A permit fee as set by the Town Board will be required
in order to process and record all permits.
D.
If a permit is granted, it shall be valid for a period
of one year from the date issued.
E.
Each permit
shall designate restrictions for use.
F.
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.
G.
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.
