[Adopted 7-13-1971 by Ord. No. 194 (§ 11.03 of
the 1964 Code)]
As used in this article the following terms shall be construed
as indicated below:
All waste substances capable of incineration or burning,
but excluding explosive or highly flammable material.
All animal and vegetable waste and all putrescible matter.
All other waste substances not capable of incineration or
burning, including ashes, glass, metal, earthenware and the like.
All waste substances including garbage as well as combustible
and noncombustible waste.
Discarded material no longer of value as intended but which
is stored or retained for salvage, sale or future reuse.
A type of operation in which refuse is deposited by plan
in a pit or excavation of open land, is compacted by force applied
by mechanical equipment, and then is covered by a layer of earth,
ashes, or suitable covering material to a depth of at least two feet.
Waste materials such as pesticides, acids, caustics, pathological
wastes, radioactive materials, flammable or explosive materials, and
similar chemicals and harmful wastes which require special handling
and disposal to protect and conserve the environment.
[Amended 7-16-1988 by Ord. No. 615]
A.
It shall be unlawful to maintain, operate or permit the maintenance
or operation of a sanitary landfill, or any place for the disposal
of garbage or refuse, or to commence any part of a siting procedure
for the same anywhere in the City or in any unincorporated area within
four miles of the City limits without first receiving a license therefor
from the City, and it shall be unlawful to maintain, operate or permit
the maintenance or operation of any such place in violation of any
provisions of this article.
B.
Upon application for a license as provided herein, the applicant
shall file with the City an administrative fee in the sum established
by resolution of the Common Council, said fee being in addition to
the annual license fee and any other fee or bonds required by this
article. The administrative fee shall be applied towards expenses
incurred by the City in the siting of the landfill in question, including
but not limited to expenses incurred regarding the following:[1]
C.
At reasonable times and after being given reasonable notice by the
City, the applicant shall replenish the account containing the administrative
fee in order to return the account balance to the amount established
by the Common Council. At no time shall the account balance drop below
$20,000.[2]
D.
Upon completion of the siting process, all funds remaining in the
administrative fee fund shall continue to be held by the City and
shall be used to defray any subsequent expenses incurred by the City
as to the landfill site.
The annual fee for such license shall be established by resolution of the Common Council, payable in full upon issuance of the license by the Clerk. No such license shall be issued except on direction by the Common Council. Each license shall expire annually on the 30th day of August. In addition, a fee established by resolution of the Common Council shall accompany the application to defray the expenses of processing the same. Application for renewal for any landfill license shall be filed with the City Clerk not later than July 15 and shall be accompanied by payment of a fee established by resolution of the Common Council. The Plan Commission shall hold a public hearing before granting a renewal of such license, in accord with the provisions of § 350-6 thereof.
A.
No such license shall be issued or effective unless there is on file
with the City a cash bond with a corporate surety in penal amount
of $25,000 to assure that:
(1)
The
licensee, his agents and servants will comply with all of the terms,
conditions, provisions, requirements and specifications contained
in this article.
(3)
The
licensee, his agents and servants will save harmless the City from
any expense incurred through failure of the licensee, his agents and
servants to operate and maintain the sanitary landfill as required
by this article, including any expense the City may be put to for
correcting any condition or violation of this article by the City's
own labor and equipment, or firefighting equipment, whenever the City
Engineer determines it is necessary for the City to correct any condition
in violation of this article, or from any damages growing out of the
negligence of the licensee or his agents or servants.[2]
B.
Approval of bond; insurance.
[Amended 12-13-1988 by Ord. No. 627]
(1)
Before acceptance, all bonds shall be approved by the City Attorney.
If a corporate bond is offered, it shall be executed by a company
authorized to transact business in the state as a surety. If a cash
bond is offered, it shall be deposited with the Treasurer of the City,
who shall give his official receipt therefor, reciting that said cash
has been deposited in compliance with and subject to the provisions
of this article.
A.
Applications
for such licenses shall be filed with the City Clerk in triplicate
and shall include the following:
(1)
A legal description of the land on which the disposal of refuse is
proposed, together with names and addresses of all owners and persons
having a security interest in said lands.
(2)
A plot plan of the site showing the following:
(a)
Dimensions.
(b)
Existing and proposed roadways and easements.
(c)
Existing topography and watercourses.
(d)
A diagram and written statement explaining proposed location
and extent of earthwork and fill operations.
(e)
Location and depth of soil borings.
(f)
Proposed trenching plan or original fill face.
(g)
Location of winter cover stockpiles, garages, sheds and equipment
areas.
(h)
Cross sections shall be included on the plot plan or on separate
sheets showing both the original and proposed fill elevations. The
scale of the plot plan shall not be greater than 200 feet per inch.
(3)
A description of the sequence and plan of operation.
(4)
A map or aerial photograph of the area showing land use and zoning
within 1/4 mile of the perimeter of the solid waste disposal site.
(5)
A report shall accompany the plans indicating:
(a)
Population and area to be served by the proposed site.
(b)
Estimated daily or weekly volume, source and description of
material to be disposed of at the site and the total cubic feet of
air space available for filling at the time of the application.
(c)
Geological formations and groundwater elevations to a depth
of at least 10 feet below proposed excavation and lowest elevation
of the site. Such data shall be obtained by soil borings or other
appropriate means.
(d)
Source and characteristic of cover material and method of protecting
cover material for winter operation.
(e)
Type and amount of equipment to be provided at the site for
excavating, earthmoving, spreading, compaction, firefighting, rodent
control and other needs.
(f)
Persons responsible for actual operation and maintenance of
the site and intended operating procedures.
(6)
Availability of water supply.
(7)
Plans for fire, nuisance and vermin control.
(8)
Existing and proposed roadways and easements.
(9)
Such other information as may be required by the Plan Commission.
B.
Copies
of the application shall be forwarded by the City Clerk to the Plan
Commission for its study and recommendation.
C.
Financial information. In addition to all information required under this section, any licensee shall also provide detailed financial information for review by the City. This information shall include an audited financial statement and audited financial history prepared by a certified public accountant. The licensee shall also provide documentation that it has been in existence a minimum of five years, that it has been in the business of operating landfills for those five years, and that it can operate landfills without a loss. The above information shall be reviewed by the City accounting staff to determine whether, under standard accounting principles, the licensee has a satisfactory debt/equity ratio, has sufficient financial resources to assume control and operate a landfill site and has a net worth comparable to standards for landfill operators. The City accounting staff shall prepare a report on the financial information provided and submit the report to the Plan Commission prior to the public hearing provided in § 350-6.
[Added 12-13-1988 by Ord. No. 627]
The Plan Commission shall, within 30 days of the referral to
it, hold a public hearing upon said application. Notice of said hearing
shall be published as a Class 2 notice in the official City newspaper
and shall be mailed to the owners of all lands, as shown by the City
tax rolls, within 300 feet of any part of the land included in the
proposed landfill site at least 10 days before such hearing. Failure
to give such notice shall not invalidate any license issued hereunder.
The Plan Commission shall report to the Common Council as to the effect
of such proposed use upon the character of the neighborhood, the traffic
conditions, public utility facilities, and other matters pertaining
to the general welfare.
In the operation or maintenance of any landfill disposal site
in the City or in an unincorporated area within four miles of the
City limits, all of the following rules and regulations shall be complied
with:
A.
The site shall be surrounded by rapidly growing trees, shrubbery,
or other appropriate means to screen it from the surrounding area
and to provide a natural windbreak.
B.
All garbage and other refuse shall be thoroughly compacted by equipment
of a size and weight capable of compacting each single layer of garbage
or refuse to depth of approximately two feet. No more than three compacted
layers may be placed prior to covering.
C.
Such equipment shall have sufficient weight and capacity to carry
out all necessary operations to the satisfaction of the enforcement
officer. Sufficient auxiliary equipment shall be maintained on the
site or otherwise available to permit operation in case of a breakdown.
D.
Solid waste shall be compacted and covered after each day of operation;
cover material will consist of earth, loam, clay, sand, or a mixture
of at least 50% earth and other inert materials, such as ashes, cinders
or gravel. A minimum depth of 12 inches of compacted cover and spread
cover material shall be kept on all inactive faces of the landfill
at all times. The active faces of the landfill should be covered at
the end of each day's operation with at least six inches (before compaction)
of cover material. Surface water drainage shall be diverted around
the landfill area.
E.
Putrescible materials such as spoiled foods and animal carcasses
shall be immediately covered and compacted as indicated in this section.
F.
The areas shall be continually policed to prevent fire and the blowing
of papers; shall be neat and sanitary at all times; and shall be covered
at the end of each day's operation, as well as when wind conditions
warrant it through the day, with sufficient material to prevent blowing
papers and unsightly conditions. The size of the active face on which
refuse is being currently deposited shall be kept to a minimum. The
licensee or operator shall erect such temporary or permanent fences
or take such other measures as may be necessary to control blowing
of paper and other materials from the landfill.
G.
Effective vector and rodent control shall be maintained at all times.
H.
Open burning of solid waste is prohibited unless otherwise approved
by the City Engineer.
I.
Adequate firefighting equipment shall be available at all times on
the site. Arrangements shall also be made with the local fire protection
agency to immediately acquire its service when needed.
J.
No sanitary landfill operation shall be placed where seepage, drainage
or pumping of any material from the fill would constitute an odor,
nuisance or health hazard.
K.
The licensee shall provide an access road, approved by the City Engineer,
that is passable in all types of weather conditions to the landfill
site.
L.
The license holder shall also have available necessary equipment
to assure that traffic may be maintained on the access road or roads
during periods of heavy rain or snowfall. The license holder shall
also take precautions to eliminate excess dust in dry weather, during
operation of the landfill.[1]
M.
Any materials salvaged from the fill must be stored in a building
on or off the site in such a manner as to prevent rat harborage and
permit proper operation of the landfill. Such storage building must
be at least 200 feet from the working surface so as not to interfere
with the compacting and covering. All salvaged material must be daily
placed within the building provided so that none is left uncovered
during the night or on weekends.
N.
An attendant shall be on duty at the site at all times while it is
open for public use.
O.
A gate shall be provided at the entrance to the site and kept locked
when an attendant is not on duty.
P.
A sign identifying and showing the state license number of the site
and indicating the hours during which the site is open for public
use, penalty for nonconforming dumping, emergency telephone number,
and other pertinent information shall be posted at the site entrance.
A.
Within one week after final termination of a site, or a major part
thereof, the area shall be covered with at least two feet of compacted
earth material adequately sloped to allow surface water runoff.
B.
The finished surface of the filled area shall be covered with adequate
topsoil and seeded with native grasses or other suitable vegetation
immediately upon completion, or immediately in the spring on areas
terminated during winter conditions. If necessary, seeded slopes shall
be covered with straw or similar material to prevent erosion.
C.
Prior to completion of a sanitary landfill site, the City Engineer
shall be notified in order that a site investigation may be conducted
by the City before earthmoving equipment is removed from the property.
D.
Following the completion and abandonment of the sanitary landfill
site, inspection and maintenance shall be continued by the landfill
owner or operator until the fill becomes stabilized; weekly inspections
shall also be made by the City Engineer.
E.
Where the trench system of sanitary landfill is used, successive
parallel trenches must be at least two feet apart.
All garbage and refuse existing on the site at the time the
license is issued either in the form of an open dump or any other
form shall be collected, compacted, and covered with cover material
at least one foot in depth, if below the desired finished grade, or
with inert material at least two feet in depth at the finished grade.
This cover operation shall be completed within 15 working days after
the issuance of a special permit for the sanitary landfill, except
that additional time may be granted by the Common Council after recommendation
of the Plan Commission.
No toxic and hazardous wastes as defined herein shall be disposed
on any landfill site or at any other location within the City.
It shall be unlawful to dump or dispose of any refuse or garbage
except in a properly constructed incinerator or in a licensed landfill
within the City or within one mile of the City limits.
The City Engineer and Zoning Administrator jointly or severally
shall be charged with the enforcement of this article and shall make
any inspection necessary to that end and shall have the authority
to enter upon any licensed premises at any time for the purpose of
determining compliance with the terms of the license.
A.
Any license which shall be issued hereunder shall be subject to revocation
for cause by the Council at any time following a hearing at a regular
or special meeting of the Council. Notice of any proceeding for revocation
of any license issued hereunder shall be addressed to the address
of such license holder appearing upon the application for such license
on file with the City Clerk at least 10 days before said hearing,
and such notice shall be mailed by certified mail. The Council following
such hearing and upon determination that the manner of use or operation
of the landfill is such that this article or any portion thereof and
any other ordinances of the City applicable thereto have been violated
or that any of the rules and regulations promulgated by the Council
as conditions for granting of such license have not been complied
with may revoke the license or impose additional regulations designed
to eliminate the violation(s) complained of.
B.
In the event of the revocation of any license as herein provided,
the holder of such license shall cover with a suitable material all
refuse deposited within said landfill to a depth of at least 24 inches
and in the same manner as though the ultimate grade of the fill were
reached as provided in this article. If the holder of any license
fails to comply with such requirements the Council may cause such
fill to be completed as herein provided and the holder of such license
shall pay all costs and expenses in connection therewith. If the license
holder does not pay the costs and expenses incurred by the City within
30 days from the date of billing, the City may then resort to the
bond filed for payment.
[Amended 12-13-1988 by Ord. No. 627[1]]
No license issued pursuant hereto shall be assignable or inure
to the benefit of any other than the person to whom the license was
originally issued without the approval of the Common Council. Such
license shall not be transferable from one premises to another.
A.
The license granted hereunder shall not be assigned or transferred, either in whole or in part, or leased, sublet or mortgaged in any manner, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person, either by the act of the license holder or by operation of law, without the consent of the City. Prior to the City granting its consent, the prospective controlling party must provide the administrative fee as provided in § 350-2B and the bond and liability insurance as provided in § 350-4 of this article. The fact that the City consents to a transfer once does not waive the consent requirement for a subsequent transfer, and each subsequent transfer is subject to the above consent requirement.
B.
The license holder shall promptly notify the City of any actual or proposed change in, or transfer of, or acquisition by any other party of, control of the license holder. The word "control" as used herein is not limited to majority stock ownership but includes actual working control in whatever manner exercised. A rebuttable presumption that a transfer of control has occurred shall arise upon the acquisition or accumulation by any person or group of persons of 10% of the voting shares of the license holder in any one transaction. Every change, transfer or acquisition of control of the license holder shall make the license subject to cancellation unless and until the City shall have consented thereto. For the purpose of determining whether it shall consent to such change, transfer or acquisition of control, the City may inquire into the qualifications of the prospective controlling party, and the license holder shall assist the City in any such inquiry. The prospective controlling party shall submit to the City, within 30 days of notice of the proposed transfer, the financial information required under § 350-5C of this article. Said information shall be reviewed in the same manner as provided in § 350-5C, and the same standards shall apply to a prospective controlling party as to an initial licensee. If the City does not schedule a hearing on the matter within 60 days after receiving the prospective controlling party's financial statement, it shall be deemed to have consented. In the event that the City adopts a resolution denying its consent and such change, transfer or acquisition of control has been effected, the City may revoke the license unless control by the original license holder gains a status which is accepted by the City.
In the event of any conflict between the provisions and the
regulations of this article and of the State of Wisconsin solid waste
disposal standards, the stricter regulations shall apply.
