For the purposes of this article, the following
terms shall have the meanings indicated:
HAZARDOUS WASTE
Any solid waste identified by the Department of Natural Resources
as hazardous under § 291.05(1), (2) or (4), Wis. Stats.
HAZARDOUS WASTE FACILITY
A site or structure owned or operated by the Town for the
treatment, storage or disposal of hazardous waste and includes all
of the contiguous property under common ownership or control surrounding
the site or structure.
OWNER
A person, whether one or more, in whom is vested the ownership,
title or interest in real property, including but not limited to a
person who owns the fee to real property or who has an interest in
the real property as lessee, vendee or optionee.
PERSON
An individual, corporation, limited liability company, partnership,
trustee, firm, association, municipality or state or federal agency
or government.
RESIDENT
A person who occupies a dwelling within the Town, has a present
intent to remain within the Town for an undetermined period of time,
and who exhibits that intention by establishing an ongoing physical
presence within the Town together with evidence that his or her presence
within the Town in something other than merely transitory in nature.
SOLID WASTE
Any garbage, refuse, sludge from a waste treatment plant,
water supply treatment plant or air pollution control facility and
other discarded or salvageable materials, including solid, liquid,
semisolid, or contained gaseous materials resulting from industrial,
commercial, mining and agricultural operations and from community
activities, but does not include solids or dissolved material in domestic
sewage, or solid or dissolved materials in irrigation return flows
or industrial discharges which are point sources subject to permits
under Ch. 283, Wis. Stats., or source material, as defined in § 254.31(10),
Wis. Stats., special nuclear material, as defined in § 254.31(11),
Wis. Stats., or by-product material, as defined in § 254.31(1),
Wis. Stats.
SOLID WASTE FACILITY
A facility owned or operated by the Town for solid waste
treatment, solid waste storage, or solid waste disposal, including
but not limited to sanitary landfills, dumps, land disposal sites,
incinerators, transfer stations, storage facilities, collection and
transportation services and processing, and treatment and recovery
facilities, and includes the land where the facility is located. This
term does not include a facility for the processing of scrap iron,
steel or nonferrous metal using large machines to produce a principal
product of scrap metal for sale or use for remelting purposes or a
facility which uses large machines to sort, grade, compact or bale
clean wastepaper, fibers or plastics, not mixed with other solid waste
for sale or use for recycling purposes, or an auto junkyard or scrap
metal salvage yard.
TOWN
The Town of Holland, Sheboygan County, Wisconsin.
[Amended 12-10-2007 by Ord. No. 1-2007]
No person who is not a resident of, or an owner
of real property located within, the Town may use the Town's solid
waste facilities or hazardous waste facilities for the storage, collection,
transporting, processing, reuse, recycling, composting, energy recovery
from or final disposal of solid waste or hazardous waste.
All persons using the Town's solid waste facilities
or hazardous waste facilities for any purpose shall, upon request
of the Town, its officers, employees, agents or representatives, display
a current valid Wisconsin driver's license or an identification card
issued by the Town establishing that they are authorized to use such
facilities. The Town may by rule or resolution require, as a condition
precedent to the issuance of such identification card, that the person
submit evidence of the person's residence or ownership of real property
within the Town and remit payment of a fee in such amount as may be
established from time to time by the Town to defray the cost of processing
and issuing such identification card.
[Amended 12-10-2007 by Ord. No. 1-2007]
Any person who violates a provision of this
article may be issued a citation. The issuance of a citation shall
not preclude proceeding under any other ordinance or law relating
to the same or any other matter. Proceeding under any other ordinance
or law relating to the same or any other matter shall not preclude
the issuance of a citation under this article.
[Amended 8-9-2010 by Ord. No. 3-2010; 5-9-2011 by Ord. No.
3-2011]
Any person who violates this article may be
required to forfeit $50 for a first violation, $200 for a second violation,
and not more than $2,000 for a third or subsequent violation.