B.
Backyard and neighborhood composting sites less than 50 cubic yards are exempt from Ch. NR 502, Wis. Adm. Code, of the Department of Natural Resources. All backyard and neighborhood composting sites shall comply with the Town of Grand Chute's public nuisance ordinances. Sites operated in a manner that creates a nuisance to neighboring properties or negatively impacts groundwater, surface water, or other environmental conditions may be subject to enforcement action.
C.
Composting bin standards. All compost piles and bins shall be maintained using approved composting procedures to comply with the following requirements:
(1)
All compost piles, other than piles consisting solely of yard waste (excluding fruit), shall be enclosed in a freestanding compost bin. Compost bins used shall be manufactured or constructed for the specific purpose of composting to facilitate aeration, moisture retention, containment, and access for turning and maintenance.
(2)
All compost piles and bins shall be maintained to prevent the attraction, harborage, or infestation of rodents, insects, or other pests. Materials known to attract vermin, such as meat, grease, and dairy, are strictly prohibited.
(3)
All compost piles and bins shall be maintained to prevent offensive odors. Compost containing fruit or food scraps shall remain covered, except when turning. All compost piles or bins shall be located not less than three feet from a property line or building.
(4)
No compost pile or bin shall be located in any yard except a rear yard. All piles or bins shall be placed between the rear building wall of the primary dwelling and the rear lot line extended to the side lot line. Subsection C(1) does not apply to compost piles or bins located in a side yard or adjacent to a public street, provided they are substantially screened from view from the street right-of-way and from the ground level of adjacent residences by landscaping or fencing. Such screening shall exceed the height of the compost pile or bin by at least one foot and comply with applicable vision corner and setback requirements.
(5)
No backyard or neighborhood composting site shall be located within a floodplain or within 75 feet of a navigable stream or surface water body.
(6)
Permitted ingredients of a composting bin shall include:
(a)
Yard materials, including leaves, grass clippings, brush, and non-woody plant matter.
(b)
Raw vegetables and fruit scraps suitable for composting.
(c)
Commercial compost additives or microbial starters.
(d)
Coffee grounds, tea leaves, crushed eggshells, and other non-meat, non-greasy organic food materials.
(e)
Shredded newspaper, paper towels, uncoated cardboard, and sawdust from untreated wood.
D.
Yard waste composting facilities exceeding 50 cubic yards shall be required to obtain an annual permit from the Town of Grand Chute. The permit fee shall be as prescribed in the Town Fee Schedule. Such operations shall be sited and operated in a manner consistent with best management practices and environmental protection standards.
E.
All yard waste composting facilities exceeding 50 cubic yards, on or before requesting the Town of Grand Chute's annual permit, shall be required to comply with all applicable provisions of Ch. NR 502, Wis. Adm. Code, of the Department of Natural Resources and shall submit written approval from the Department of Natural Resources to the Town Clerk, in accordance with § NR 502.08(4), Wis. Adm. Code.
F.
All yard waste composting sites exceeding 20,000 cubic yards shall be prohibited within the municipal boundaries of the Town of Grand Chute.
G.
Violations and penalties.
(1)
Any person, firm, partnership, or corporation that violates any provision of this section, including failure to obtain a required permit or comply with applicable provisions of Ch. NR 502, Wis. Adm. Code, shall, upon conviction, forfeit an amount as prescribed in the Uniform Forfeiture and Bond Schedules, together with costs of prosecution. Each day a violation continues constitutes a separate offense.
(2)
In default of payment, the offender may be imprisoned in the county jail for up to 30 days, or the maximum period allowed by law.
(3)
Citations may be issued by authorized Town of Grand Chute personnel, as designated by the Town Board. Violations shall be cumulative within a calendar year.
(4)
This section does not preclude the Town from seeking injunctive relief, abatement, or other appropriate legal or equitable remedies to prevent, remedy, or remove a violation.
H.
In addition to the penalties above, any violator may be required to remove or discontinue the noncompliant composting facility. The Town may recover all reasonable enforcement and removal costs, including attorney fees, court costs, and related expenses, through a civil action in the appropriate Circuit Court. The Town may also seek any necessary injunctions or other equitable remedies to ensure compliance.