As used in this article, the following terms
shall have the meanings indicated:
The person or entity who is the owner or operator of or applicant
for a landfill license or site.
The Wisconsin Department of Natural Resources.
Any dead carcasses, carrion, meat, fish, entrails, slops,
dirty water or other nauseous or unwholesome matter, discarded food
or vegetable products, either for human or animal consumption, or
any other form of meat, fish, fruit, vegetable or manufactured food
used or intended for use for human and animal consumption.
Any garbage and trash disposal site or facility where garbage
or trash is disposed. Such activity shall be performed without creating
nuisances or hazards to public health, safety or welfare by utilizing
the principles of engineering to confine the garbage or trash to the
smallest practicable area to reduce it to the smallest practicable
volume and to cover it with a layer of earth or other cover material
as approved by the DNR.
Any rubbish, ashes, paper, dirt, stones, bricks, manure,
tin cans, boxes, barrels or similar substances; oil, kerosene, benzine
or other similar oily or liquid substances; metal and discarded portions
of motor vehicles and other junk; wood, brush and any form of discarded
vegetation; foundry sand, industrial waste and other waste products.
No person shall deposit any trash or garbage
within the City unless securely enclosed in a suitable container,
provided the owner or occupant of any premises being used for farming
purposes may store manure on such premises for use in connection with
the farming operations. Garbage may be stored in a metal container,
which shall be securely closed at all times for a period not to exceed
10 days.
[Amended 6-19-2001 by Ord. No. 2142]
Garbage may be disposed of by discharge into
a public or private sewer system through a garbage disposal approved
by the Plumbing Inspector.
No garbage shall be disposed of by burying the
same within 400 feet of any residential structure or within 200 feet
of any federal, state or county highway or City street nor upon any
church grounds, school grounds or City-owned land.
No person shall operate a private landfill or dispose of trash or garbage on any property unless a permit therefor has been granted by the City Council. Vegetative agricultural products and animal manure are exempt on farm property as defined in §§ 275-32B(1) and (2) and 275-33B of this Code.
A.
Application for a permit hereunder shall be filed
with the City Clerk.
B.
The application shall state:
(1)
Name, residence and address of the applicant.
(2)
A legal description of the lands upon which such disposal
of trash or garbage is proposed.
(3)
The applicant's right to use such premises.
(4)
Statement of the type of operations proposed.
(5)
Whether the applicant proposes to operate such landfill
individually and, if not, the names and addresses of his associates,
partners or joint venturers.
(6)
Such other information and conditions as required
by this article and other sections of this Code. If the applicant
is a corporation, such information respecting stock ownership, the
name, residence and address of each stockholder, identification of
the Board of Directors and officers of the corporation and the name,
residence and address for each such Director or officer shall be provided.
C.
Upon filing of the application, the City Clerk shall
refer the application to the City Council. It shall then be referred
by the Council to the Plan Commission, City Engineer and Director
of Building, Inspection and Zoning or his designee.
D.
The Plan Commission shall consider the application and make its recommendations to the City Council in the manner provided by § 275-15 of this Code. The Plan Commission shall submit with its recommendations a proposed plan of operation for the site identified in the application.
E.
The City Engineer and Director of Building, Inspection
and Zoning or his designee shall take all reasonable efforts to report
to the City Council within 90 days after the matter has been referred.
A.
Before acting upon any application, the Council shall
review the application and instruments submitted therewith and the
reports and recommendations of the Plan Commission and the City Engineer.
B.
Prior to the commencement of the construction of any
landfill within the City, the owner/operator of the proposed landfill
shall obtain from each lake, stream, creek, watercourse and private,
residential agricultural and commercial water well a water sample
for complete chemical analysis. These water samples shall be taken
from each of the aforementioned water sources within a one-mile radius
of the exterior boundaries of the property acquired for the construction
of the landfill. These samples shall contain the exact location from
which they were obtained, the name and address of the property owner
who owns the land from which the water sample was taken and the name
and address of the principal user of the water well if different from
the owner of the property upon which the well is located. The owner/operator
of the proposed landfill shall turn these samples over to a properly
accredited laboratory for complete analysis, shall be certified by
the laboratory and then filed with the City Clerk for the purpose
of future reference should there at some later date be suspected groundwater
contamination. In addition, copies of all DNR required well monitoring
test results shall be promptly delivered to the City after such results
are obtained by the owner or owner's engineers or agents.
C.
If the City Council determines that the use or operation
of the landfill would disturb the peace and quiet or adversely affect
the public health, safety, welfare or morals of the City or any portion
thereof, it shall deny the application by action entered in the minutes
of the City Clerk. Otherwise, it shall approve and grant the permit.
The Council may as a condition to the granting of such permit impose
any rules and regulations as are necessary to prevent the operation
of such landfill from becoming a nuisance and to prevent the same
from adversely affecting the public health, safety, welfare or morals
of the community or any portion thereof.
Before a permit shall be issued, the applicant
shall file with the City Clerk a surety bond in an amount determined
by the City Council conditioned upon and as a guaranty that the applicant
will fully abide by all of the terms and provisions of this article
or any other ordinance of the City applicable thereto and any rules
and regulations imposed by the Council as conditions for granting
such permit. The bond shall be filed with the City Clerk and shall
be maintained in effect for a period of not less than 20 years following
final closure and termination of sanitary landfill activities. The
applicant shall also file with the City Clerk proper evidence showing
that such applicant has public liability insurance in the sum of not
less than $1,000,000. Such liability insurance shall be filed with
the City Clerk and shall be maintained in effect for a period of not
less than 20 years following final closure and termination of sanitary
landfill activities. The form of the bond and the public liability
insurance required shall be approved by the City Attorney before a
permit is issued or reissued. Evidence of insurance shall provide
that the coverage may not be canceled, except upon the giving of 30
days' notice to the City.
A fee as set by the Common Council shall be
charged to the applicant for a landfill permit to defray the costs
of investigation, publication and posting of notices required by this
article. This fee shall be deposited by the applicant with the City
Clerk at the time the application for such permit is filed. If a permit
is granted, a permit fee as set by the Common Council shall be paid
to the City Clerk before a permit is issued. Permits shall be dated
as of the date of issuance and shall expire on the following June
30. Application for renewal of any landfill permit shall be filed
with the City Clerk not later than May 15 and shall be accompanied
by payment of a fee as set by the Council. If the Council desires
to hold a public hearing before granting a renewal of such permit,
the procedure with reference to the hearing on the application for
such permit as provided in this article shall apply, except the Council
need not require a hearing by the Plan Commission and an investigation
by the City Engineer and Director of Building, Inspection and Zoning
or his designee as required upon an application for such permit as
set forth in this article.
No landfill shall be used and operated in such manner as to disturb the public peace and quiet or adversely affect the health, safety, welfare or morals of the community or any portion thereof by reason of excessive or uncontrolled noise, odors, dust, dirt or waste materials, the hours of operation thereof or for any other reason. In no case shall hazardous waste as defined in § NR 180.04, Wis. Adm. Code, as may be changed from time to time, be disposed, dumped, deposited or used as fill on any land in the City, except as permitted by Chapter 133, Hazardous Waste, §§ 133-1 to 133-10.
All landfills shall be operated by the sanitary
landfill method which is a planned and organized method of disposing
of all types of nonsalvageable waste materials. This method of disposal
is a means of controlling the rat, mice, fly, mosquito, odor, dust,
fire and smoke problems common to uncontrolled disposal of refuse
in the open landfill and such disposal of waste materials is conducted
by the trench method or ramp method of disposal. The following methods
shall be used unless the Department of Natural Resources' requirements
differ:
A.
Spraying. Unless prohibited by Department of Natural
Resources' rule, spraying of exposed waste material and adjacent surfaces
shall be required by the landfill operator when ordered by the City
Council, City Engineer, Waukesha County Health Department or Director
of Building, Inspection and Zoning or his designee to allay dust and
obnoxious odors therefrom.
B.
Blowing papers. Control over blowing papers shall
be adequately maintained by the landfill operator and as ordered by
the City Council, City Engineer, Waukesha County Health Department
or Director of Building, Inspection and Zoning or his designee.
C.
Surface water. All surface water shall be drained,
filled or treated with effective chemicals so as to prevent mosquito
production or to allay obnoxious odors.
D.
Floating of waste materials. The floating of waste
materials on open water shall be prohibited.
E.
Rodents. Control of rodents shall be maintained until
the fill has stabilized.
F.
Maintenance program. After the active period of the
filling operation is completed, a maintenance program shall be continued
until the fill has become stabilized so as to ensure prompt repair
of cracks, depressions and erosion of surface and side slopes. Such
maintenance program shall be continued so long as the dump area remains
vacant land.
G.
Discontinuance. If daily operations are discontinued
at any time, the landfill operator shall continually maintain a minimum
of twenty-four-inch cover of suitable material over all refuse.
H.
Operations. Operations shall be in orderly fashion
beginning at one location and continuing at that location until the
final grade has been reached.
I.
Adequate cover. At all times the landfill operator
shall provide means by which to have adequate cover for each day's
operation.
J.
Equipment.
(1)
Equipment shall be of such type and size as to adequately
provide for the proper compaction and handling of any amount of refuse
disposed. Such equipment shall be adequately maintained to minimize
exhaust and other operational sounds. Further, such equipment shall
be operated in a manner consistent with other provisions of this Code.
(2)
The type of equipment shall be tractor shovels, bulldozers,
bulldozer-tractor-scraper combinations or other equipment approved
by the City Council.
(3)
Sufficient standby equipment shall be provided or
made available to prevent delay in covering and other required site
activities because of breakdown or peak loads.
(4)
Such equipment shall either be parked so that view
from public streets is minimized to the extent reasonably possible
or shall be parked in a building.
K.
Miscellaneous specifications.
(1)
The landfill operator shall provide adequate means
of directing all water from the site in such a manner that all of
the stormwater therefrom will be carried away from any sanitary landfill
operations.
(2)
The landfill operator shall clean up the area surrounding
the site of the sanitary landfill operations at the end of each workday
and shall keep all papers or other refuse covered in the manner hereinabove
provided. The landfill operator shall clean up all waste materials
which might accumulate on adjoining properties at the end of each
workday.
(3)
The landfill operator shall provide and install a
four-foot snow fence in the area sufficient to prevent papers and
other debris from blowing off of the premises.
(4)
All vehicles carrying refuse for dumping within the
area shall enter and leave the landfill according to routes as may
be approved by the City Council. Any vehicles carrying any materials
which could be blown away during transport shall be carried in a completely
enclosed container, including a cover thereon.
(5)
The landfill operator shall provide adequate roadways
and means of ingress to the site for vehicles engaged in such operations.
All interior roads shall be treated as frequently as necessary in
order to minimize dust. If snow or ice accumulates on such roadways,
the landfill operator shall promptly open such roads to vehicular
traffic and provide such protection to the uses thereof as is necessary
to ensure the safe use at all times.
(6)
The landfill operator shall provide adequate gates
at all entrances to the site, which gates shall be securely locked
during such periods when the site is not in operation. All entrances
and exit access roads shall be identified with neatly painted signs,
which are conspicuously located so as to prevent confusion, accidents
or any hazards for vehicular movement. Stop signs shall be erected
at all exit points.
(7)
When the successive layers of fill reach the approximate
final grade, the final cover shall be made with firm, clean ground
and topsoil to a minimum depth of two feet, except as otherwise required
by the Department of Natural Resources.
(8)
Sanitary landfill operations shall be confined from
7:00 a.m. to 5:00 p.m. Monday through Friday and 8:00 a.m. to 1:00
p.m. Saturday. No operations of any kind or description shall be permitted
on the site other than those set forth above. No operations of any
kind or description shall take place on Sundays or holidays.
(9)
The landfill operator shall have an attendant upon
the property at all times during the hours provided for such sanitary
landfill operations to supervise such operations. The responsibility
for efficient and proper management shall rest wholly with the landfill
operator or persons delegated by him.
(10)
The landfill operator shall save the City harmless
from any claim or demand by any person for any injuries or property
damage sustained by any person on the landfill site.
(11)
The landfill operator shall control sanitary
landfill operations at all times so as to prevent any fires therein.
If a fire does occur, the landfill operator shall be responsible for
putting out such fire promptly and at its own cost and expense. Burning
may be permitted if done in devices as approved by the State Department
of Natural Resources and the City.
(12)
If any refuse is deposited which contains combustible
material or material of such a nature as will cause by fire, chemical
reaction or otherwise any emission of smoke, fumes or odors which
may require special treatment for control thereof, the landfill operator
at its own discretion or on the order of the City Council, City Engineer,
Waukesha County Health Department or Director of Building, Inspection
and Zoning or his designee shall immediately take the necessary action
to prevent fire, chemical reaction or any other condition which may
cause a nuisance or damage to adjoining properties.
(13)
The landfill operator shall permit the inspection
of the premises being used for such sanitary landfill operations by
the Council or any member thereof, City Engineer, Waukesha County
Health Department or Director of Building, Inspection and Zoning or
his designee at all reasonable times and shall comply with all orders
and regulations issued by the person hereinabove designated so as
to ensure the operation of such sanitary landfill operations in such
a manner so as to prevent any nuisance to exist upon such premises
as the result of the sanitary landfill operations being conducted
thereon.
(14)
Barriers shall be provided along all sides which
lack natural screening conditions through existing contours, trees
or vegetation growth. An earthen berm shall be maintained between
any landfill and adjacent residences when required by the Plan Commission
for safety, sound or visual protection. The Plan Commission shall
determine the size and location thereof, considering the type of operation,
conditions, noise and aesthetics. Such berm shall be planted and maintained
with crown vetch to specifications utilized for similar slopes for
state and highway construction.
(15)
No landfill operations of any kind are permitted
within 150 feet of any exterior property line of the landfill property
or public right-of-way, except for the construction and maintenance
of an approved berm and final cover of the area.
(16)
A six-foot-high woven, chain link fence shall
be maintained along all publicly fronted highways which abut any landfill
site. All entrances shall have a gate, which shall be closed and locked
at all times the landfill is not in operation.
(17)
All landfill operators shall construct a hard-surfaced
drive or ramp on the landfill site, which shall be of sufficient length
to permit a truck to accelerate to a sufficient speed to discharge
all mud and debris from the tires and wheels of such vehicle before
the vehicle enters the public highway. All trucks exiting the site
shall drive over this hard-surfaced road or ramp to discharge mud
and debris before entering the public highway.
(18)
All landfills shall be used only for landfilling
activities and no gravel fill or other materials found on the site
shall be removed without Plan Commission approval. No junk or refuse
shall be stored aboveground on the site and no junked or inoperative
vehicles, storage tanks or similar refuse shall be on the site.
(19)
On or before May 15 of each year, all landfill
operators shall submit to the City Planner a topographical map reflecting
the current elevation of the site in order to determine consistency
with the restoration plan. Such topographical map shall show contour
lines not greater than 10 feet apart and a scale of one inch equals
100 feet. The field data for such map shall be obtained within 120
days prior to May 15 of each year.
(20)
A final restoration plan shall be submitted
and received by the Plan Commission with changes as required thereby.
[Amended 6-19-2001 by Ord. No. 2142]
(21)
All landfill operators shall comply with all
present and future ordinances, rules and regulations applicable to
landfill sites.
(22)
All landfill operators shall complete filling
of the landfill site as soon as possible.
(23)
The landfill operator shall collect all trash,
debris and junk by the end of each working day and junk which is visible
from any main arterial highway by the end of each working day.
(24)
The landfill operator shall clear away any and all dust, mud and debris which accumulates on public streets adjoining the site. Any accumulation is a violation of this article and Chapter 261, Vehicles and Traffic, of this Code.
(25)
Every landfill operator shall deposit the sum
of $30,000 in a bank or other savings institution in the Milwaukee
metropolitan area. The operator shall furnish to the City evidence
that such deposit has been made and that withdrawal of funds may not
be made without the consent of the City. Such deposit and accumulated
interest shall constitute a security fund for the deepening and repair
of any wells which have been damaged due to the landfill activities
of the operator. If it is determined by a court that a well was damaged
due to landfill activities of the operator, the City will withdraw
a sum sufficient to reimburse the owner of such well for the costs
of repair. The operator shall after such withdrawal from the fund
immediately thereafter restore the fund to the total which had been
on deposit therein prior to the time of withdrawal. Such deposit shall
remain for a period of 20 years following closure of the operator's
site.
(26)
In recognition of the fact that a landfill operation
requires constant monitoring and policing activities to assure compliance
with this plan of operation and other City regulations and to take
steps to assure that hazardous or potentially dangerous substances
are not damaged, the landfill operator shall reimburse the City for
a percentage of the salary of the Director of Building, Inspection
and Zoning or his designee equal to the percentage of time which the
Director of Building, Inspection and Zoning or his designee spends
monitoring and policing the activities of the landfill operation.
(27)
Access points to the landfill shall not be moved
nor may any other change be made to the plan of operation without
the express written approval of the City.
(28)
Landfill operators shall provide qualified personnel
on duty at all times to direct the dumping, spreading, compaction
and covering of materials.
(29)
All landfill operators who are not required
by the state to provide a fund to assure the proper closure and rehabilitation
of the landfill site shall pay to the City an amount to guarantee
the proper closure and rehabilitation of the landfill site at the
termination of its use. The amount of the guaranty shall be $5,000
per acre of disposal area, but not less than $20,000, nor more than
$200,000 for the area to be or actually licensed by the state or which
has previously been operated upon. All such financial guaranties shall
be reviewed annually on or about July 1. In this regard the amount
in the financial guaranty may be increased or decreased, based upon
the consumer price index promulgated by the Department of Labor, using
the effective date of this article as the base period for the $5,000
per acre amount. Such financial guaranty shall be in the form of cash,
certified check, irrevocable bank letter of credit or a corporate
bond of an insurance company licensed to issue bonds in the state.
The corporate bond, if it is used, shall be a performance bond, which
shall be filed with the City Clerk governing all portions of the sanitary
landfill operation required to be maintained in accordance with this
article, guaranteeing the satisfactory performance of these regulations.
The bond shall not be cancelable for nonpayment of premium and shall
continue in force for one year after closure and final reclamation
of the landfill facility.
(30)
All licensed sanitary landfill operations existing
at the effective date of this article shall be subject to the regulations
herein.
(31)
The landfill operator shall provide the City
forthwith with copies of all applications to the DNR for approval
of or modification to DNR permits with copies of all results of sampling
and monitoring carried on at the landfill which relate to compliance
with the Department of Natural Resources' rules and regulations.
A.
Upon conviction of the holder of any permit or his
agent of a violation of any provision of this article or of any state
law relating to the operation of the landfill, a hearing shall be
held before the City Council. The conviction shall be recorded in
the minutes of the meeting. The holder shall be allowed to question
witnesses and call witnesses on his own behalf. Notice of such hearing
shall be given at least 10 days prior thereto. No stay of execution
shall operate as a continuance of the permit, but a reversal of the
judgment of conviction upon appeal and the filing of the certified
copy of such judgment of reversal with the City Clerk shall operate
as a reinstatement of the permit.
B.
In addition, any permit which shall be issued hereunder
shall be subject to revocation for cause by the City Council at any
time following a hearing at a regular or special meeting of the Council.
Notice of any proceeding for revocation of any permit issued hereunder
shall be sent to the address of such permit holder appearing upon
the application for such permit on file with the City Clerk at least
10 days before such hearing with such notice mailed by certified mail.
The Council, following such hearing and upon determination that the
manner, use or operation of the landfill is such that this article
or any portion thereof and any other ordinances of the City applicable
thereto have been violated or that any of the rules and regulations
promulgated by the Council as conditions for granting of such permit
have not been complied with, may revoke the permit.
C.
In the event of the revocation of any permit as herein
provided, the holder of such permit shall cover with a suitable material
all refuse deposited within such dump to a depth of at least 24 inches
and in the same manner as though the ultimate grade of the fill were
reached as provided in this article. If the holder of any permit fails
to comply with such requirements, the City Council may cause such
fill to be completed as herein provided and the holder of such permit
shall pay all costs and expenses in connection therewith. If the permit
holder does not pay the costs and expenses incurred by the City within
30 days from the date of billing, the City may then resort to the
bond filed for payment.
No license issued pursuant hereto shall be assignable
or inure to the benefit of any other than the person to whom the license
was originally issued. If the license holder is a corporation, transfer
of the controlling interest in such corporation shall not be made
without notifying the City of such proposed change in ownership and
the City approving such change. The City shall not unreasonably withhold
approval of such change of controlling ownership. Such license shall
not be transferable from one premises to another.
