[Adopted 11-9-2017 as
Ch. 47 of the 2017 Code]
It shall be unlawful for any person, corporation, partnership,
or other type of organization to deposit waste on lands in the Town
of Seymour, Outagamie County, Wisconsin, unless there is first obtained
from the Clerk of the Town of Seymour 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 one year after date of issuance. The Town Board reserves
the right to revoke any permit with due cause. A permit shall not
be required for deposit of waste on a duly licensed landfill site.
As used in this article, the following terms shall have the
meanings given in this section:
Any person, partnership, corporation, or other type of organization
owning, renting, or otherwise using or controlling the use of lands
within the boundaries of the Town of Seymour, Outagamie County, Wisconsin,
and upon whose land waste is disposed of or distributed, requiring
a permit under the terms of this article.
Any person, partnership, corporation, or other type of organization
which, by truck or other conveyance, hauls waste subject to the provision
of this article within the boundaries of the Town of Seymour, Outagamie
County, Wisconsin.
Garbage, sludge from wastewater treatment plants, and other
organic wastes, but excluding from this definition animal manure commonly
used by farmers for fertilizer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The permit shall be obtained by applying to the Clerk of the
Town of Seymour, and such application shall be in writing and shall
state the date that the disposal shall take place and adequate description
of the lands upon which such disposal shall take place and the source
from which the waste material is acquired and 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 such transporting
party. A fee as set forth in the Town's fee schedule shall be charged
for each permit. No permit shall be issued until the fee has been
first paid to the Clerk. Applications for 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, and waste may
not be applied on the same property more often than once every four
years. 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.
The Town of Seymour may require any transporter of waste materials
in the Town of Seymour, for disposition on lands in the Town of Seymour
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 a transporter
to produce an adequate analysis upon request of the Town Clerk of
the Town of Seymour shall constitute a violation of this article.
The Town of Seymour reserves the right to take random samples of waste
disposed of on lands in the Town of Seymour, 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.
The storage and disposition of solid animal manure commonly
used by farmers for fertilizer shall not be regulated by this article.
However, the application of liquid animal manure commonly used by
farmers for fertilizers, when applied to lands, shall not be over
three inches in depth in any one place, and the property owner must
work such manure 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 liquid manure be on the property
longer than 48 hours without being worked into the soil after the
same has been applied.
It is hereby declared to be the intention of the Town Board
of the Town of Seymour 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 this
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 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 be fined not less
than $50 nor more than $500 together with the costs of prosecution
for each offense and, when in default of the payment of such forfeiture
and costs of prosecution, shall be confined in the county jail until
said forfeiture and costs are paid but for a period not exceeding
30 days. Every calendar day of violation shall be deemed to be a separate
offense.
