[Adopted 9-18-2012 by Ord. No. 2012-29]
The purpose of this article is to regulate the dumping or disposal
of waste, garbage, refuse and sludge by individuals, corporations
and municipalities within the Town of Pacific, hereinafter referred
to as "Town." Because of the possible danger to the environment and
to the health, safety and welfare of the public, such dumping or disposal
within the Town shall only be permitted under the terms and conditions
set forth below. This article repeals and replaces any previously
adopted Town ordinance as to those matters that are provided for in
this article.
As used in this article, the following terms shall have the
meanings indicated:
Includes, but is not limited to, unloading, throwing away,
discarding, emptying, abandoning, discharging, burning or burying
waste, garbage, refuse or sludge on, into or under any property or
lands, whether publicly or privately owned, within the Town.
All putrescible solid wastes, including food wastes and food
containers, animal and vegetable matter, animal offal, carcasses and
recognizable industrial by-products, but excluding sewage and human
wastes.
Wastes or a combination of wastes, in a solid, liquid, contained
gaseous, or semisolid form, that may cause or contribute to an increase
in mortality or an increase in serious irreversible, or incapacitating
reversible illness, taking into account the toxicity of such waste,
its persistence and degradability, its potential for accumulation
or concentration in tissue, and other factors that may otherwise cause
or contribute to adverse acute or chronic effects on the health of
persons or other organisms.
Any city, village or town.
Any individual, firm, partnership, corporation, association,
governmental unit or agency, or other legal entity.
A document which sets forth the following information respecting
a disposal or dumping operation:
A map designating the location of the proposed operation.
The type of waste to be dumped or disposed of.
The source of the waste.
The quantity of waste to be dumped or disposed of.
The time period during which the disposal or dumping operation
is projected to last.
The means of transporting the waste.
Plans for preparation of the site for dumping or disposal, care
of the site during dumping or disposal operations, and measures to
be taken to prepare the site for closing.
Combustible and noncombustible discarded material, including,
but not limited to, trash, rubbish, paper, wood, metal, glass, plastic,
rubber, cloth, ashes, litter and street rubbish, industrial waste,
dead animals, mine tailings, gravel pit and quarry spoils, toxic and
hazardous wastes, and material and debris resulting from construction
or demolition.
Sewage treatment residue in any form whatsoever, whether
solid, semisolid or liquid, which has been processed or treated in
any way, form or manner.
Garbage, refuse, sludge, and all other discarded or salvageable
material, including waste materials resulting from industrial, commercial
and agricultural operations and from domestic use and public service
activities.
Except as expressly excluded pursuant to § 400-4 below, no individual, corporation or municipality shall dump or dispose of waste, garbage, refuse or sludge within the Town unless a permit to engage in such dumping or disposal is first obtained from the Town under the conditions prescribed herein.
The following shall not be deemed to come within the scope or
meaning of this article:
A.
Sites used for the dumping or disposal of waste, garbage or refuse
from a single family or household, a member of which is the owner,
occupant or lessee of the property; provided, however, that such waste,
garbage or refuse is placed in suitable containers or stored in such
other way as to not cause a public or private nuisance.
B.
The use of sanitary privies and what are commonly known as seepage
beds or septic tanks, which conform to applicable ordinances of the
Town, or the discharge of human waste products into the public sewage
system located within the Town.
C.
A farm on which only animal waste resulting from the operation of
that farm is disposed of.
D.
Any dumping operation under the direction and control of the Town.
Persons, corporations or municipalities who obtain a permit
pursuant to this article to engage in dumping or disposal operations
shall be the subject to the following regulations:
A.
The dumping or disposal operations must be conducted in such a way
as to not constitute a public or private nuisance.
B.
The dumping or disposal operations shall be permitted only in the
specific area(s) designated in the plan of operation filed with the
Town Clerk and designated on the dumping permit issued by the Town.
C.
Persons, corporations or municipalities engaged in dumping or disposal
operations must conduct the operations in such a way that dust, dirt,
waste, debris and other materials or substances will not be carried
by wind across the boundary of the parcel of land being used for dumping
or disposal operations.
D.
A suitable covering of gravel or dirt shall be placed over all of
the area used for dumping or disposal operation within a reasonable
time after the dumping or disposal occurs, not to exceed three days;
such covering must be done in such a way as to give the area so covered
a grading compatible with the surrounding and adjacent property so
as not to substantially depreciate property values within the immediate
area.
E.
No waste may be dumped or disposed of which has not been identified
in the application for the dumping or disposal permit.
F.
Refuse shall be stored in a manner that will not provide harborage
to rodents and vermin and will not create a fire hazard.
G.
No owner, occupant, tenant or lessee of a building or dwelling, other
than a licensed junk dealer, shall place or leave, or cause to be
placed or left, outside the building or dwelling any bulky wastes
for longer than 72 hours.
H.
Infectious, hazardous and radioactive wastes shall be disposed of
according to the procedures approved by the State of Wisconsin.
A.
An individual, corporation or municipality desiring to engage in
a disposal operation shall submit an application to the Town Clerk.
The application shall contain the following:
B.
Each application for a permit to engage in dumping or disposal operations
shall be on file with the Town Clerk at least 30 days before the public
hearing herein required.
C.
The fee, which shall be established in a resolution to be adopted
by the Town Board, shall be deposited with the Town Clerk when an
application is filed.
A public hearing shall be required on each application to conduct
a dumping or disposal operation, as follows:
A.
Notice of hearing on an application shall be given as a Class 3 notice,
as described in § 985.07, Wis. Stats.
B.
A public hearing shall be held on the date specified in the notice
or any adjourned date, which shall not be earlier than 30 days from
the date on which the application was filed.
C.
Public hearing shall be advisory only respecting any application,
all action thereon being within the sole discretion of the Town Board.
A.
As a condition for the issuance of a permit, the Town shall require
the applicant to post a one-thousand-dollar bond for waste disposal
and dumping, the condition of which shall be in compliance with the
provisions of this article, that the dumping or disposal operations
will be carried out pursuant to the plan of operation and any penalties
imposed hereunder shall be paid. Furthermore, if after reasonable
demand by the Town a permit holder does not cover a dumping or disposal
area in accordance with the plan of operation, the Town Board may
correct such failure to perform and charge the expense of such necessary
work against the bond.
B.
As a condition for the issuance of a permit, an applicant grants
to the duly authorized representative of the Town the right to go
upon the land and carry out the plan of operation if the permit holder
fails to do so after reasonable notice is given.
The Board shall require, in addition to the said bond indicated
above, the licensee to maintain the full insurance coverage required
herein at all times, and a duplicate certificate of insurance shall
be deposited with the Town Clerk and shall provide that such insurance
may not be canceled except upon 30 days' prior written notice to the
Town. The licensee shall procure and maintain at its own cost and
expense any additional kinds and amounts of insurance which, in the
licensee's own judgment, may be necessary for its proper protection.
All policies or certificates of insurance shall be in an acceptable
form. The hauler shall maintain insurance policies, including but
not limited to:
A.
Worker's compensation insurance. Coverage shall apply to all employees
and applicable subcontractors of the hauler in compliance with the
workers' compensation laws of the State of Wisconsin and all applicable
federal laws. The policy(ies) must include employer's liability covering
the hauler with minimum limits as required by the Town.
B.
Comprehensive general liability insurance. Coverage shall meet the
minimum limits as required by the Town. All policies shall be written
on an occurrence basis where available. The required limits may be
met by the issuance of an excess or umbrella coverage policy, provided
the Town of Pacific is named as an additional insured on such policies.
Coverage shall include:
C.
Business auto liability insurance. Coverage shall provide minimum
limits of liability as required by the Town for combined single limit
for bodily injury and property damage. This coverage shall be an "any
auto" type policy and shall include coverage for:
The application for a permit shall be processed within 90 days
of the receipt thereof and shall be issued if the Town Board is satisfied
that there has been and will be reasonable compliance with the conditions
enumerated herein.
A.
The term of any permit issued hereunder shall expire on December
31 of each year.
B.
A permit issued pursuant to this article may be renewed by the Town Board, without public hearing or published notice, upon application submitted to the Town Clerk at least 30 days prior to the expiration of the permit. The Town Board shall not deny a permit renewal application properly filed by the permit holder with the Town Board unless the Town Board finds after a hearing that grounds for revocation of the permit exist as set forth in § 400-12 of this article.
A.
If there is a material and substantial violation of this article
or if there is a substantial failure to carry out the plan of operation,
the Town Board shall have the right to revoke the dumping or disposal
permit and, if necessary, obtain a court order terminating such dumping
or disposal operation.
B.
Notice of intent to revoke permit issued hereunder shall be served
upon the permit holder at least 30 days in advance of any action taken
by the Town Board to revoke the permit. The permit holder shall be
entitled to a hearing before the Town Board on the issue of the revocation
of the permit prior to any action being taken by the Town Board with
respect to permit revocation.
Nothing contained herein shall be deemed to limit or restrict
the application of any state law or administrative regulation of any
state agency regulating the subject of this article.
The provisions in this article are cumulative and are additional
limitations upon all other laws and ordinances covering any subject
matter in this article.
Any person violating this article shall be fined not less than
$250 nor more than $1,000 for each offense together with the costs
of prosecution. Each day or incident of violation shall be deemed
a separate offense. In addition to the penalty provided herein, the
Town may order the violator to clean up, remove or pay the cost of
cleanup and/or removal of any excluded waste, recyclable material,
combustible or compost rubbish, garbage, rubbish or construction waste
or material disposed of in violation of this article.
