The following definitions shall apply to this article unless a different
meaning appears from the context:
ACTIVE FILL AREA
The cells designed and constructed at the facility that are
to be used for disposal of solid waste.
APPLICANT
A person applying for a license under this article to construct,
operate or maintain a facility for the disposal, treatment or storage
of solid waste or for the transportation of solid waste on any Town
road.
CLOSURE or FINAL CLOSURE
The date when no further solid waste may be accepted at the
facility pursuant to any license issued under this article or any
license, plan of operation or plan or order of closure of the DNR,
whichever date is earlier.
DISPOSE, DISPOSING or DISPOSAL
The discharge, deposit, injection, dumping, placing, littering,
discarding, burying, throwing, emitting, emptying or abandoning of
any solid waste into or on any private or public land or on or into
any water or air within the Town. This term does not include the storage
or treatment of solid waste.
EMERGENCY or EMERGENCIES
An unforeseen circumstance that jeopardizes the public health
or safety or the property of the Town or its residents.
EXPANSION
An increase in licensed capacity for disposal, treatment
or storage of solid waste at an existing facility, at or adjacent
to the existing facility.
GARBAGE
Discarded putrescible animal or vegetable refuse resulting
from the handling, serving, preparing, processing, storing or consuming
of food.
HAZARDOUS WASTE
Any solid waste, including petroleum products or substances,
which meets the definition of hazardous waste in Ch. 289, Wis. Stats.,
its successor chapters, the Federal Resource Conservation and Recovery
Act (RCRA), Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA), Toxic Substances Control Act (TSCA) or Clean
Air Act (CAA) or identified as hazardous waste by any regulations
established by the DNR or the United States Environmental Protection
Agency (USEPA).
HAZARDOUS WASTE FACILITY
A facility for the treatment, storage or disposal of hazardous
waste and includes the land where the facility is located.
INCINERATING, INCINERATORS or INCINERATION
Any technique or process of controlled burning of solid waste
primarily to achieve volume reduction and/or to change waste characteristics
or capture the heat content of the burnables, but does not include
open burning.
LANDSPREADING
The disposal of solid waste in thin layers onto the land
surface and/or the incorporation into the top several feet of the
surface soil for agricultural, silvicultural and/or solid waste disposal
purposes.
LEACHATE
Water or other liquid which has been contaminated by dissolved
or suspended materials due to contact with solid waste or gases therefrom.
LONG-TERM CARE
The routine care, maintenance and monitoring of a facility
after closure.
MINING SOLID WASTE
All waste soil, rock, mineral, liquid, vegetation and other
material, except merchantable by-products, directly resulting from
or displaced by prospecting or mining or from the beneficiating, concentrating
or refining of minerals and shall include all waste materials from
other sources deposited on or in a prospecting or mining site.
OPEN BURNING
Combustion of solid waste where the products of combustion
are emitted directly to the ambient air without passing through a
stack or chimney. Open burning does not include the combustion of
solid waste occurring at a properly operated and licensed air curtain
destructor or incinerator.
PERSON
Any natural individual, firm, sole proprietorship, trust,
partnership, association, corporation or municipality, and also means
any responsible member, officer, agent, and employee thereof.
POLYCHLORINATED BIPHENYLS (PCBs)
The class of organic compounds generally known as "polychlorinated
biphenyls" and includes any of several compounds or mixtures of compounds
produced by replacing two or more hydrogen atoms on the biphenyl molecule
with chlorine atoms.
PRINCIPAL STRUCTURE
A residential use, the primary residential building, facility
or structure designed for and used for single-family dwelling or designed
and used as apartments, including any building, facility or structure
which is accessory to or incidental to the primary residential building,
facility or structure. At locations containing no residential use,
the principal structure shall be the primary building, facility or
structure designed for and used by the majority of the public for
resort, employment, assemblage, lodging, trade, traffic or occupancy,
including any building, facility or structure which is accessory to
and incidental to the primary building, facility or structure.
PROCESSING
Any technique used to facilitate or further transform, shape,
compact or utilize solid waste, to wit: techniques such as baling,
shredding, pulverizing, composting or separating.
RECOVERABLE SOLID WASTE
Solid waste which through separation, processing or incineration
will be converted into usable materials, products or energy.
REMEDIAL ACTION
Those actions consistent with a permanent remedy in the event
of a release or threatened release of solid waste ("release") into
the environment, to prevent, ameliorate or minimize the release so
that the contaminants do not migrate to cause substantial danger to
present or future public health or welfare or to the environment.
The term includes but is not limited to such actions, at the location
of the release, as storage or confinement by perimeter protection
using dikes, trenches or ditches, placing of a clay cover, neutralization,
removal of released wastes, recycling or reuse, diversion, destruction,
segregation, dredging or excavation, repair or replacement of leaking
containers, collection of leachate and runoff, on-site treatment or
incineration, the providing of alternative water supplies, and any
monitoring of the groundwater, surface water or air reasonably required
to assure that such actions protect the public health and welfare
or the environment. The term also includes the permanent relocation
of residents where the Town determines such relocation is more cost-effective
than, and environmentally preferable to, the transportation, storage,
treatment, destruction or secure disposition off site of hazardous
wastes.
REMOVAL ACTION
The short-term actions to mitigate, contain or remove released
substances for off-site treatment, storage or disposal and such other
actions as may be necessary in the event of release to monitor, assess
and evaluate the release. The term also includes, without being limited
to, security fencing or other measures to limit access to a facility
or operations related thereto, the providing of temporary alternative
water supplies to residents of the Town, and temporary evacuation
and housing of residents of the Town.
SLUDGE
Any solid, semisolid, or liquid waste generated from a municipal,
commercial, or industrial wastewater treatment plant, water supply
treatment plant or air pollution control facility or any other waste
having similar physical characteristics.
SOLID WASTE
Any nonhazardous waste identified as garbage, ash, litter,
rubbish, refuse or putrescible material 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 which are not hazardous
wastes. "Solid waste" does not include hazardous wastes, mining solid
waste, 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 its successor chapter or source, special nuclear radioactive material
or by-product material as defined under § 254.31, Wis. Stats.,
or its successor provisions.
SOLID WASTE FACILITY
A facility in the Town for solid waste treatment, storage
or disposal, and includes commercial, industrial, municipal, state
and federal establishments or operations such as, without limitation
because of enumeration, sanitary landfills, dumps, demotion facilities,
land disposal sites, incinerators, transfer stations, storage facilities,
collection and transportation operations and processing, treatment
and recovery facilities. This term includes the land where the facility
is located. This term does not include a hazardous waste facility.
This term does not include:
(1)
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.
(2)
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.
(3)
An auto junkyard, scrap metal salvage yard or a facility for
the processing of minerals or mining refuse.
TREAT, TREATING or TREATMENT
Any technique or process which is designed to change the
physical, chemical or biological character or complexion of solid
waste. Treatment includes incineration.