[HISTORY: Adopted by the Town Board of the Town of Koshkonong
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Title 8, Ch. 4, of the 1996 Code]
For the purpose of this chapter:
The person or entity applying for a sludge application permit.
The accumulated residual solids (usually in liquid form)
resulting from the treatment of municipal, industrial or private wastewaters
and shall include refuse liquids or water matter of all sorts normally
carried off by municipal, industrial or private sewers. The definition
of "sludge" may include industrial waste and by-products, chemical
sludge, raw sewage, food processing waste, or untreated septage, as
determined by the Town Board or experts employed by the Town.
No person, corporation or entity shall apply or allow to be
applied to lands under their ownership, lease or control, or provide
sludge, to any land in the Town of Koshkonong, without first having
obtained a permit from the Town of Koshkonong. One permit shall be
required for each sludge application so long as both the landowner
and the provider of sludge are listed on the application.
Application for permit required under this chapter shall be
submitted, in writing, in duplicate, to the Town Clerk. The application
shall set forth the following:
A.
The name and address of the applicant (who shall be the owner of
the treatment facility generating the sludge). If the applicant be
a corporation, the applicant shall set forth the name, address, and
registered agent of the corporation.
B.
The name and address of the owner of the site upon which the sludge
is proposed to be applied and/or supplied.
C.
A plat, survey, or drawing showing the boundaries of the site to
be used.
D.
The names and addresses of any hauling contractors of the sludge,
including corporation identity and registered agent if applicable.
If such hauling contractors are under written contract a copy of said
contract shall be furnished with the application.
E.
The names and addresses of the owners of any other site or sites
upon which the applicant is then applying sludge within the corporate
limits of the Town of Koshkonong.
F.
A statement of the nature of the proposed operation, including the
projected volume of sludge to be applied; a description of the machinery
to be used; odor control devices to be utilized, if any; the highways
or Town roads to be used for the truck traffic to and from the site;
the number and weight of trucks hauling the sludge projected to be
used for the site; and the time period within which the applicant
intends to apply sludge at the site.
G.
The names and addresses of all property owners within 500 feet of
the boundaries of the proposed site or sites.
H.
The content of sludge that is proposed to be applied, including the
nutritional aspects of such sludge, as well as a detailed analysis
of the sludge metal content.
I.
Disclosure to the Town when municipal wastewater treatment plants
have refused septage and why.
J.
The application shall be accompanied by a permit fee as provided
in the Town Fee Schedule[1] to defray the cost of publication of notices, investigation,
legal expenses, administration costs and public hearings.
[Amended 3-13-2019 by Ord. No. 1]
[1]
Editor's Note: The Fee Schedule is on file in the Town office.
A.
Upon receipt of an application submitted as provided above, the Town
Board shall inspect the premises for which a permit is requested and
shall set a date for public hearing upon such application, which date
shall not be more than 60 days after receipt of said application by
the Town Clerk.
B.
Within 30 days of the public hearing the Town Board shall either
grant or deny said permit on the basis of the information contained
in the application, together with the information presented at a public
hearing, any independent investigation, and any other information
acquired by the Town Board.
C.
A public hearing shall be held by the Town Board at its regular meeting
place and a notice of said meeting shall be mailed to all property
owners within 250 feet of the site designated in the application.
In addition, the Town Clerk shall publish a notice of said meeting
in a newspaper of general circulation in the Town at least 10 days
before the date of said public hearing.
D.
At such public hearing, the Town Board shall hear all persons interested
in the granting or denying of the permit and may, if it sees fit,
take testimony relative to the application.
E.
In making such determination, the Town Board shall consider whether
the proposed permit will be detrimental to the health, safety and/or
welfare of the public. The Town Board, as a condition to the issuance
of a permit, may require conditions, restrictions and sureties as
hereinafter set forth and in a form determined by the Town Board,
upon the Town Board finding that such condition or conditions are
proper for protection of the health, safety and/or welfare of the
public.
The permit for sludge application shall be issued for the requested
period in the application, though such period shall not exceed one
year and may be shortened or modified by the Town Board if deemed
to be in the health, safety and/or welfare of the public. Permits
shall expire annually on January 1st. All sludge to be applied at
a site shall be applied within that specified period.
Each permit and applications of sludge governed by such permit
shall be subject to the following requirements and restrictions:
A.
Surface spreading prohibited. All liquid sludge will be immediately
incorporated into the soil and applied by injection only, unless in
caked form. No surface spreading of sludge shall be permitted.
B.
Application of sludge. The sludge shall be applied in accordance
with the appropriate regulations of the Wisconsin Department of Natural
Resources and with any special requirements incorporated into any
approval or permit obtained by the applicant from the Wisconsin Department
of Natural Resources and the permit issued by the Town of Koshkonong.
C.
Highways and roads. Movement to the site within the Town of Koshkonong
shall be restricted to state and county trunk highways and specifically
authorized Town roads. All damages caused by the movement of the sludge
hauling vehicles over Town roads shall be repaired by a competent
contractor selected by the Town from a list of not less than three,
provided by the permittee. The list shall be provided to the Town
within 48 hours of the permittee being notified of such damage by
its hauling contractor or the Town. If the permittee fails to provide
such list to the Town within the designated time period, the Town
shall repair the road and the cost thereof shall be charged to and
paid by the permittee. The Town Building Inspector or other designated
official shall determine the amount of damages and any question concerning
the permittee's responsibility in such damage. Such decision
shall be reduced to written form and notice thereof shall be mailed
to the permittee. Such decision shall be final and binding upon the
permittee and the Town of Koshkonong unless the permittee appeals
such decision by written notice to the Town Clerk within 10 days of
receipt of such notice. Upon receipt of such appeal by the permittee,
the Town Board shall set a date for a hearing on such issues not more
than 30 days after the receipt of such appeal notice. At such hearing,
the permittee may produce witnesses and evidence as it sees fit relating
to the road damage. The Town Board shall also hear evidence in support
of the initial determination. After hearing all such testimony and
evidence, the Town Board shall render a decision both as to the causation
of the damages and the amount of the damages.
D.
Vehicle traffic and parking. Vehicles shall obey all Town traffic
and parking ordinances. Such vehicles shall also not be parked on
public roads or rights-of-way, except such vehicles may park up to
a time period of 10 minutes with prior approval of the Town Board.
[Amended 3-13-2019 by Ord. No. 1]
E.
Cleanup of roads. In the event the permittee causes any mud and/or
sludge to be deposited or tracked onto any roads or highways within
the Town of Koshkonong, the permittee shall remove the same immediately
and if the cleanup is not performed to the satisfaction of the Town
Board within two hours of the permittee having received notice of
the same by telephone or in person, the Town Board may provide for
such cleanup and the cost of the same shall be charged to and paid
by the permittee. Presentation of the bill to permittee through the
United States Mail shall constitute a final and binding decision upon
the permittee, unless the permittee appeals such invoice within five
days of receipt of the same. If the permittee makes such an appeal,
the Town Board shall schedule a hearing as set forth with respect
to road damage.
F.
Traffic controls. Adequate traffic controls in the form of warning
signs, lights, and personnel shall be maintained by the permittee
at all times when sludge-spreading vehicles post any hazard or interference
with pedestrian or vehicular traffic.
G.
Application hours. Wastewater sludge application shall not begin
prior to one hour after sunrise and shall not continue after 1/2 hour
before sunset of each day. Wastewater sludge shall not be applied
on Sundays, legal holidays, or Saturdays after noon. The permittee
shall file, in writing, with the Town Clerk which roads are to be
used for sludge transport.
H.
Liability insurance. The permittee shall file with the Town Clerk
satisfactory evidence that the applicant has obtained liability insurance
in the amount of at least $1,000,000.
I.
Surety bond. The applicant shall file with the Town Clerk a cash
bond in the sum of $25,000 as a guarantee that the applicant will
fully abide by all of the terms and provisions of this chapter. Each
applicant need only file a cash bond once per year, regardless of
the number of individual permits that one applicant may seek. The
Town shall also require, as a condition of approval, execution of
a road use agreement.
J.
Submission of reports. The applicant shall send to the Town Clerk
copies of all reports required by the county, state, or the Wisconsin
Department of Natural Resources at the same time the same are submitted
to those agencies.
[Amended 3-13-2019 by Ord. No. 1]
The permittee shall pay to the Town of Koshkonong at the time
of submitting its permit, a permit fee as provided in the Town Fee
Schedule per application for each hauler at each site upon which sludge
is to be applied, or spread, to defray costs to the Town of Koshkonong
in inspecting the applicant's operations and to perform independent
testing on the sludge. The permittee shall file with the Town Clerk
a list of haulers and equipment/trucks to be utilized. The Town Board
shall keep a record of sludge-related expenses with respect to each
site. The Town Board may conduct additional soil testings to determine
the ability of the soil upon the premises described in the application
to absorb sludge in a safe fashion. The Town Board may also require
sludge analysis of the sludge being spread upon the soil. The Town
of Koshkonong may require at any time that a sufficient sample of
sludge be taken and preserved from a truck(s) delivering sludge. The
manner and type of such soil test and sludge analysis shall be determined
by the Town Board and all costs and expenses for such soil test and
sludge analysis shall be paid from the fees set forth herein. The
Town Board of the Town of Koshkonong shall annually review such fees
and make such adjustments as are necessary so that such fees bear
a reasonable relationship to the Town of Koshkonong's sludge-related
costs.
The Town Board shall designate an inspector or inspectors upon
the granting of any permit hereunder. It shall be the duty of such
inspector or inspectors to monitor the compliance of the permittee
and otherwise act on behalf of and at the direction of the Town Board.
The permittee shall fully cooperate with the inspector or inspectors
in allowing access to the premises upon which the sludge is to be
applied. The inspector(s) may require the permittee to conduct soil
testing, from time to time, to determine the ability of the soil upon
the site to absorb the sludge to be applied. The inspector(s) may
also require the permittee to set aside samples as directed hereinbefore
and deliver such sealed samples to the inspector(s).
[Amended 3-13-2019 by Ord. No. 1]
Any person violating any provision of this chapter shall, upon conviction thereof, be subject to the penalty provided in § 1-3, General penalty. Each day of noncompliance or violation shall be deemed as a separate and distinct offense.
If any of the provisions of this chapter are violated by the
permittee, the Town Board may advise the permittee, in writing, of
its intention to consider the revocation of the permit granted to
the permittee, and a time, not less than 72 hours, at which the Town
Board will meet for the purpose of determining any such revocation.
Such written notice shall include the grounds for considering revocation.
The permittee shall be allowed to present witnesses and evidence to
the Town Board at such hearing. The determination of the Town Board
shall be made, in writing, and delivered to the permittee personally
or by certified mail and upon such delivery, such determination shall
become effective.
No parcel of land in the Town of Koshkonong shall be applied
with wastewater sludge more than once in any two-year period.
A permit shall be required for the commercial/municipal spreading
of milorganite.
Any person or party seeking to apply municipal wastewater sludge
to lands located within the Town may do so only pursuant to this chapter
or pursuant to an intergovernmental agreement entered into by and
between the Town and the municipality generating such sludge, pursuant
to § 66.0301, Wis. Stats. Such intergovernmental agreement
shall control, not withstanding anything to the contrary contained
herein.
