[HISTORY: Articles I and II adopted by the Town Board of
the Town of Greenville (now Village Board of the Village of Greenville)
as indicated in article histories. Subsequent articles adopted by
the Village Board of the Village of Greenville as indicated in article
histories. Amendments noted where applicable.]
[Adopted 7-13-1976 by Ord. No. 14; amended in its entirety 11-14-2022 by Ord. No.
9-22]
The purpose of this division is to regulate the landspreading
and injection of sludge for agricultural purposes into the agricultural
lands located in the Village, per § 283.82, Wis. Stats.
A.
It shall be unlawful for any person, corporation, partnership, or
other type of organization to deposit waste on lands in the Village
of Greenville, Outagamie County, Wisconsin, unless there is first
obtained from the Village Clerk of the Village of Greenville a permit
authorizing such disposition. A separate permit must be obtained by
each property owner upon whose land such disposal of waste shall take
place and such permit shall be valid for seven calendar days after
the date of issuance. A permit shall not be required for the deposit
of waste on a duly licensed landfill site.
B.
All persons landspreading or injecting sludge into the lands of the
Village must abide by Ch. NR 204, Wis. Admin. Code and any regulation
as written in this article.
The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The placing of sludge into the soil and covering the sludge
in one operation. The sludge should leave the equipment's tank,
pass through the injector, and be deposited into the plow layer of
the soil. The injector must have the soil fall in behind the injector,
thereby covering the sludge.
The liquid end product of anaerobic digestion from the municipal
wastewater treatment plant.
Garbage, sludge from wastewater treatment plants, and other
organic waste, but excluded from this definition is animal manure
commonly used by farmers for fertilizer.
The permit shall be obtained by applying to the Village Clerk
of the Village of Greenville, and such application shall be in writing
and shall state the date that the disposal shall take place; the name
of the property owner upon whose land such disposal shall take place;
an adequate description of the lands upon which such disposal shall
take place; the source from which the waste material is acquired;
the name and address of the party transporting or delivering such
waste material to the property owner in the event the property owner
is not the transporting party; copies of the DNR approval letter;
and a site map to show the location of the fields to be used before
injection can begin. A fee in an amount as set from time to time by
the fee and fine schedule of the Village Board shall be charged for
each permit. No permit shall be issued until the fee has been first
paid to the Village Clerk. Applications for a permit shall be made
by the property owner upon whose land the disposal is to take place.
A permit so acquired shall be displayed publicly on the premises upon
which the waste disposal is being made.
It shall be unlawful for the property owner upon whose land
such disposal of waste occurs to store or stockpile such waste delivered
to the property. The application of the waste upon the property shall
be not over three inches in depth in any one place. The property owner
must work such waste into the soil within the time limits as may be
prescribed by any regulations by the Department of Natural Resources
of the State of Wisconsin, but in no event shall said waste be on
the property without being worked into the soil for a period of longer
than 48 hours after the same has been applied. Only Class A biosolids
and/or sludge may be disposed on property within the Village.
The property owner, for the purposes of this article, is defined
as being any person, partnership, corporation, or other types of organization
owning, renting, or otherwise using or controlling the use of lands
within the boundaries of the Village of Greenville, Outagamie County,
Wisconsin, and upon whose land waste is disposed of or distributed
requiring a permit under the terms of this article. A transporter,
for the purposes of this article, is defined to be any person, partnership,
corporation, or other types of organizations who, by truck or other
conveyance, hauls waste subject to the provisions of this article
within the boundaries of the Village of Greenville, Outagamie County,
Wisconsin.
The Village Board of the Village of Greenville may require any
transporter of waste materials in the Village of Greenville, for disposition
on lands in the Village of Greenville pursuant to this article, to
present an adequate analysis of the waste material so being transported
for disposition so as to enable the determination as to whether bacteria
harmful or injurious to the general public exists in such wastes.
Failure on the part of the transporter to produce an adequate analysis
upon request of the Village Clerk of the Village of Greenville shall
constitute a violation of this article. The Village of Greenville
reserves the right to take random samples of waste disposed of on
lands in the Village of Greenville, pursuant to this article, at any
time, and if such samples disclose bacteria harmful or injurious to
the health of the general public, then the transporter of said waste
material shall be in violation of this article and subject to prosecution
hereunder.
It is hereby declared to be the intention of the Village Board
of the Village of Greenville that the several provisions of this article
are separable in accordance with the following:
A.
If any court of competent jurisdiction shall adjudge any provision
of this article to be invalid, such judgment shall not affect any
other provision of this article not specifically included in such
judgment.
B.
If any court of competent jurisdiction shall adjudge invalid the
application of any provision of this article to a particular property,
such judgment shall not affect the application of the said provision
to any other property not specifically included in said judgment.
Any person, partnership, corporation, or other entity convicted
of a violation of any section of this article shall, upon conviction,
be subject to the forfeiture amount set from time to time by ordinance
in the Fine and Forfeiture Schedule of the Village of Greenville.[1] Each calendar day the violation exists shall be deemed
a separate offense.
[1]
Editor's Note: The Fine and Forfeiture Schedule is on
file in the Village offices.
[Adopted 6-14-2010 by Ord. No. 54]
In this article, unless the context requires otherwise, the
following shall have the following meanings:
Includes every refuse accumulation of animals, fruit or vegetable
matter, liquid or otherwise, that attends the preparation, use, cooking,
dealing in, or storing of meat, fish, fowl, fruit or vegetables originally
used for foodstuffs.
Includes all waste materials, solid, liquid or semisolid
produced by or from, used by or resulting from industrial, agricultural,
household, manufacturing, business or community life, such as but
not limited to minerals, asphalt, rocks, paper, concrete products,
wood products, glass products, metal products, used furniture, household
appliances, products or items, clothing, building material, motor
vehicles, products and parts, tires, paper products, burnt materials,
chemicals, paints, cleaning solutions and containers, stumps, plastics,
solvents, petroleum products and materials and their containers defined
as hazardous under § 291.05, Wisconsin Statutes, for which
its owner no longer has a use and wishes to dispose of it.
Includes all leaves, needles, grass clippings, garden debris
and brush, including clean woody vegetative material, no greater than
four inches in diameter. This term does not include stumps, roots
or shrubs with intact root balls.
A.
No person, firm or corporation shall dispose of, dump or bury garbage,
yard waste or refuse, upon any road right-of-way or upon any public
or private lands in the Village of Greenville other than upon those
premises duly designated and licensed as sites for the disposing,
dumping or burying of garbage, yard waste or refuse.
B.
No person, firm or corporation shall accept for dumping, burying
or disposing or allow the dumping, burying or disposing of garbage
or refuse upon land owned by that person, firm or corporation unless
the premises is duly designated and licensed as a site for the dumping,
disposing or burying of garbage and refuse.
C.
No person, firm or corporation shall cause or permit garbage, yard
waste or refuse to be placed in such a location or manner that the
garbage, yard waste or refuse can be blown away by the wind, washed
away by water or conveyed to another location by some other natural
process.
D.
No person, firm or corporation shall cause or permit garbage, yard
waste or refuse to fall from any vehicle onto the road or road right-of-way
in the Village of Greenville.
A.
It shall not be a violation of this article to dump, bury or dispose
of unbagged yard waste on private land if permission has been obtained
from the landowner prior to the dumping or disposing of the yard waste;
provided, however, that no landowner shall allow or keep unsightly,
unhealthy or unsanitary accumulations of such waste.
B.
It shall not be a violation of this article for landowners to dump,
bury or dispose of garbage, yard waste or refuse on their own land,
unless said garbage, yard waste or refuse is defined as hazardous
under § 291.05, Wisconsin Statutes, and provided, however,
that no landowner shall allow or keep unsightly, unhealthy or unsanitary
accumulations of such garbage, yard waste or refuse.
[Amended 10-13-2014]
Any person, firm, association, or corporation who does not comply
with the provisions of this article shall be subject to a forfeiture
amount set from time to time by ordinance in the Fine and Forfeiture
Schedule of the Village of Greenville.[1] Each calendar day the violation exists shall be deemed
a separate offense.
[1]
Editor's Note: The Fine and Forfeiture Schedule is on file
in the Village offices.
This article shall be enforced by the Village of Greenville
and its officers and authorized employees.
