[Adopted 11-9-2017 as Ch. 48 of the 2017 Code]
The purpose of this article is to promote the health, safety, prosperity, aesthetics and general welfare of the people and communities within the Town and set forth the rules and procedures for this municipality regarding landfills within the Town.
The general intent of this article is to regulate the location, construction, installation, alteration, design and use of all private landfills so as to protect the health of residents and transients; secure safety from disease and pestilence; further the appropriate use and conservation of land and water resources; and preserve and promote the administration and enforcement of this article and provide penalties for its violation.
In their interpretation and application, the provisions of this article shall be held to be minimum requirements and shall be liberally construed in favor of the Town and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.
A. 
Junkyards, dumps and landfills of any forms are allowed only as provided for in this section. No permit shall be issued for such landfill use unless the applicant has first obtained all state, county and Department of Natural Resources (DNR) permits required under applicable Wisconsin Statutes or Administrative Codes. Information on DNR landfill requirements can be found at the following website: https://dnr.wisconsin.gov/topic/Landfills. This website includes the following mandatory steps that must be addressed before the Town of Seymour can take action to grant a permit:
(1) 
Initial site inspection. The purpose of this inspection it to obtain a preliminary evaluation from the DNR on the potential a proposed property has to comply with the locations criteria and performance standards specified in § NR 504.04, Wis. Adm. Code.
(2) 
Initial site report (ISR). The requirements for an ISR are found in Ch. NR 509, Wis. Adm. Code.
(3) 
Pre-feasibility report. This report could be required if there is a question regarding unusual hydrogeological conditions on the proposed site.
(4) 
Feasibility report. This report would contain a comprehensive and detailed site-specific geologic and hydrogeologic investigation.
(5) 
Environmental analysis. A hydrogeologist would prepare an analysis of the significance of any impacts the proposed project would have on the public's health and welfare and the environment.
(6) 
Public hearings. A public hearing can be requested to review the merits of a property being classified as a landfill if six citizens, or an official of the Town of Seymour or any adjoining municipality within 1,500 feet of the proposed landfill, so petition to have it.
(7) 
Plan of operation report. This report would include the final engineering design, design calculations, details on construction phases, construction documentation, sequencing of operations, daily operations, monitoring, closure design, long-term care after closure, and a detailed estimate of the costs for the stated items in the report.
(8) 
Landfill construction documentation report. Following DNR approval of a plan of operation for the proposed landfill and after obtaining any required Town of Seymour approval of a permit per this article, the owner can begin construction of the facility. Before construction, the owner must submit a detailed plan containing a detailed narrative describing the construction of the landfill phase.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
A person proposing a new landfill or expansion of an existing landfill must apply for a permit with the Town of Seymour at least 120 days before submitting a feasibility report [as described in Subsection A(4)] to the DNR.
C. 
The Town Board shall be the sole determining body of whether to issue the permit, after a public hearing has been held with notice given by United States mail to all adjoining landowners to the proposed landfill. The Town Board shall grant the permit if it is determined that the landfill is in the best interests of the citizens of the Town.
A. 
After getting all relevant landfill permits from the state, county and DNR, the applicant shall complete a Town of Seymour landfill permit application and pay the relevant applicant fee.
B. 
After receiving the application, the Town Clerk shall mail a copy of the application to all adjoining landowners to the proposed landfill site and the date and time of the next Town meeting where the Town Board shall have a public hearing with public comment on the proposed landfill.
C. 
The Clerk shall then place the application on the agenda for the next Town meeting.
D. 
At the Town meeting, the Board shall take public comment on the proposed landfill prior to deciding whether the landfill meets the requirements of all state, county and DNR requirements and whether the landfill is in the best interests of the citizens of the Town.
E. 
All required fees shall be paid prior to the Town hearing on the issuance of the Town permit. All fees are nonrefundable.
Nothing in this article shall apply to the disposal of farm animals by those citizens of the Town who are actively engaged in farming operations.
This article shall take effect upon passage and publication.
Any violation of this article shall be punishable by a forfeiture of not less than $100 nor more than $500 per day for every day in violation of this article, plus the costs of prosecution for each and every violation. The Town's Attorney shall expeditiously prosecute all such violators. Each day of violation shall constitute a separate offense.