The purpose of this article is to regulate the dumping, spreading
or disposal of industrial liquid wastes, by-product solids and sludges
by individuals, corporations, municipalities or other entities (hereafter
collectively called "person") within the Town of Whitewater, Walworth
County, Wisconsin. Because of the possible danger to the health, safety
and welfare of the public, such dumping, spreading or disposal within
the Town of Whitewater shall only be permitted under the terms and
conditions set forth 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 property on which the person intends to, or does, dump,
spread or dispose sludge.
Liquid wastes, by-product solids and sludges generated by
fruit and vegetable processing; dairy products processing; meat, fish
and poultry products processing; mink raising operations; aquaculture;
commercial laundromat and motor vehicle cleaning operations, and any
other industrial, commercial, municipal or agricultural operation.
However, specifically excluded from the definition of "sludge" and
the regulations imposed by this article are farm animal manure and
municipal sewage sludge that is treated and stabilized at a state-approved
wastewater treatment plant and regulated by Ch. NR 204, Wis. Adm.
Code.
Includes, but is not limited to, unloading, spreading, applying,
disposing, dumping, covering or throwing away sludge on or into or
under any property or lands, whether publicly or privately owned,
within the Town of Whitewater. Each real estate tax parcel as found
on the tax rolls of the Town of Whitewater shall constitute a separate
site or property site.
The prohibitions on the spreading of sludge on lands within
the Town of Whitewater, Walworth County, Wisconsin, are as follows:
A.
No sludge may be spread on sites between October 31 and April 30
of each year, except as follows:
(1)
If frost depth on the site is less than two inches;
(2)
The person obtains a daily written permit, prior to spreading, from
a member of the Town Board of Whitewater, who has personally inspected
the site and found the frost to be less than two inches deep; and
(3)
All conditions and terms of this article are met.
B.
No sludge may be spread on a site if there are saturated ground conditions
or frost in the soil of the site on which the sludge is to be spread.
C.
No sludge can be spread on a site unless the person spreading the
sludge has a permit from the State of Wisconsin that expressly permits
the person to spread sludge on the site.
D.
No sludge can be spread on a site unless it is spread in accordance
with all laws and regulations of the State of Wisconsin and the ordinances
of Walworth County and the Town of Whitewater.
E.
No sludge can be allowed to remain on a site unless it is disced
into the land if it be dried sludge, or knifed in if it be wet sludge,
within 24 hours of the time of first spreading the sludge on the site.
F.
No sludge can be spread within 600 feet of any residence, whether
the residence is located on the land in question or on land in the
area; and no sludge can be spread within 1,000 feet of a well serving
a community public water supply system, whether the system is located
on the land in question or on land in the area.
G.
No sludge can be applied within 600 feet of a drainageway that would
carry rain and runoff off the site.
H.
No sludge can be applied within an area of less than 600 feet from
the nearest private water supply or well, and the application of sludge
may not constitute a possible contamination source for any water supply,
irrespective of the location of the supply from the disposal site.
I.
No site may be used for spreading sludge more than once a year.
J.
No more than 20,000 gallons per acre of wet sludge, or its equal
in dry sludge, shall be deposited on a site in any year.
K.
No sludge shall be spread closer than a distance of 600 feet from
any stream, pond or other channeled waterway.
L.
No sludge will be spread on any soil which, because of its composition,
would tend to create a health hazard.
M.
No sludge will be spread so as to constitute a nuisance, as that
term is defined by Town or county ordinance or state statutes.
N.
No sludge shall be spread on any soil that has detrimental effects
on the soils, vegetation or groundwater of a land treatment system,
as defined in § NR 214.03(24), Wis. Adm. Code.
O.
No sludge shall be spread on any soil unless the sludge has beneficial
properties as a soil conditioner or fertilizer.
No Town roads are to be used by tankers conveying the sludge
to the site without written permission of the Town Board. Otherwise,
movement to the site shall be restricted to state and county trunk
highways. The Town Board may require a cash bond or proof of financial
responsibility before granting such permission. All damage caused
by movement of the sludge tankers over the local roads shall be repaired
at the expense of the permittee. The permittee shall restrict travel
of its tankers to the route laid out in the written permission.
