[HISTORY: Adopted by the Board of Supervisors of Pierce County by
Ord. No. 91-3. Amendments noted where applicable.]
[Amended by Ord. No. 93-3; Ord. No. 94-16]
A.
Unless specifically defined in this section, terms and
abbreviations used in this chapter shall be interpreted in a manner consistent
with Wisconsin statutes and rules of the Department of Natural Resources which
have been or hereafter may be adopted under those provisions. Terms and abbreviations
used in this chapter which are not specifically defined by law shall be construed
in accordance with the context and professional usage.
B.
ACCEPTABLE WASTE
AGRICULTURAL WASTE
AIR CONTAMINANT
AIR POLLUTION
BI-METAL CONTAINER
CANISTER SITE
CLEAN FILL
CLEAN FILL DISPOSAL SITE
COMMERCIAL HAULER
COMMERCIAL WASTE
COMPOSTING
CONTAINER BOARD
COUNTY
DEMOLITION DEBRIS
DEMOLITION DEBRIS LAND DISPOSAL FACILITY
FINAL COVER MATERIAL
FLUORESCENT LIGHT BULB
FOAM POLYSTYRENE PACKAGING
GARBAGE
GENERATOR
HAZARDOUS WASTE
HDPE
HOUSEHOLD HAZARDOUS WASTE
INCINERATION
INCINERATOR
INDUSTRIAL WASTE
INFECTIOUS WASTE
INTERMEDIATE SOLID WASTE FACILITY
LAND DISPOSAL FACILITY
LAND POLLUTION
LDPE
LICENSEE
MAGAZINES
MULTIPLE-FAMILY DWELLING
MUNICIPAL WASTE
NEWSPAPER
NONRESIDENTIAL FACILITIES AND PROPERTIES
OFFICE PAPER
OPEN BURNING
OPERATION
OTHER RESINS or MULTIPLE RESINS
PERSON
PETE
PLASTIC CONTAINER
POSTCONSUMER WASTE
PP
PROCESSED WASTE
PS
PUTRESCIBLE WASTE
PVC
RECYCLABLE MATERIALS
RECYCLING FACILITY
SANITARY LANDFILL
SHORELAND
SLUDGE
SOLID WASTE
SOLID WASTE DISPOSAL FACILITY
SOLID WASTE MANAGEMENT
SOLID WASTE MANAGEMENT FACILITY
TRANSFER STATION
VOLUME-BASED USER FEE SYSTEM
WASTE TIRE
WATER POLLUTION
(1)
(2)
WATERS OF THE STATE
WHITE GOODS
YARD WASTES
As used in this chapter, the following terms shall have
the meanings indicated:
Solid waste which can be processed by the Pierce County resource
conservation facility and includes recyclables and compostables. Wastes not
acceptable at the facility are those which may pose a threat to health or
safety or cause damage to the facility or impair its operation or those which
are physically impossible to process at the facility. The Solid Waste Management
Board may declare categories of waste as acceptable or unacceptable, and the
facility manager is responsible for decisions as to the acceptability of any
waste transported to the facility.
Vegetative residues or manures resulting from the raising of plants
and animals for food, fiber and fuel. "Agricultural waste" does not include
waste pesticides or herbicides or their containers, nor the organic created
from industrial operations such as food processing.
The presence in the outdoor atmosphere of any dust, fume, mist, smoke,
vapor, gas or other gaseous fluid or particulate substance differing in composition
from or exceeding in concentration the natural components of the atmosphere
caused by the handling, storage, processing or disposal of solid waste.
The presence in the outdoor atmosphere of any air contaminant or
combination thereof in such quantity, of such nature and duration or under
such conditions as would be injurious to human health or welfare, to animal
or plant life or to property or would interfere unreasonably with the enjoyment
of life or property caused by the handling, storage, processing, or disposal
of solid waste as defined in this section.
A container that is made primarily of a combination of steel and
aluminum.
One or more commercial solid waste storage containers (such as green
boxes and dumpsters) located to function as intermediate solid waste facilities
and which are serviced on a regular basis by a public or private solid waste
hauler. A canister site shall not include primary or preliminary collection
containers or dumpsters at the point of generation.
Any material intended for fill purposes, including but not limited
to dirt, rock, broken clean concrete, trees and asphalt paving material, that
is not contaminated with or composed of any environmentally harmful materials,
including but not limited to concrete impregnated with petroleum products,
demolition debris, such as lumber and shingles, asbestos waste and treated
wood.
A location for the disposal of clean fill.
Any person, as defined in this section, who owns, operates or leases
vehicles for hire for the purpose of collection and/or transportation of any
type of solid waste. A commercial hauler does not include persons hauling
processed recyclables to an end market.
Solid waste originating from commercial activities, such as retail
businesses, institutions, government office buildings and schools. "Commercial
waste" shall not include agricultural waste or industrial waste.
The controlled biological decomposition of selected solid waste in
a manner resulting in an innocuous final product.
Corrugated paperboard used in the manufacture of shipping containers
and related products.
Any department or representative of the county who is authorized
by this chapter or otherwise by the County Board to represent the County of
Pierce in the enforcement or administration of this chapter.
Waste resulting from the demolition of buildings and other man-made
structures which may include untreated wood, masonry, glass and plastic building
parts. "Demolition debris" does not include asbestos wastes, clean fill or
treated wood products.
A site used only to dispose of demolition debris.
Material approved by the Department of Natural Resources that is
used to cover compacted solid waste in the closure of a land disposal site.
Important general characteristics of good final cover material are low permeability,
uniform texture, cohesiveness and compactibility.
A glass tube coated inside with a fluorescent substance giving off
light when mercury vapor in the tube is acted upon by electrons from the cathode.
Packaging made primarily from foam polystyrene that satisfies one
of the following criteria:
Discarded material resulting from the handling, processing, storage,
preparation, serving and consumption of food.
A person, business, industry, farm, corporation or other entity having
the potential to create solid waste.
Any waste or discarded material or combinations of waste or discarded
materials in solid, semisolid, liquid or gaseous form which cannot be handled
by routine waste management techniques because they pose a substantial present
or potential hazard to human health or other living organisms because of their
chemical, biological or physical properties. Categories of hazardous waste
materials include, but are not limited to, explosives, flammables, oxidizers,
poisons, irritants and corrosives. "Hazardous waste" does not include sewage
sludge and source material, special nuclear material or by-product material
as defined by the Atomic Energy Act of 1954, as amended.
High-density polyethylene, labeled by the Society of Plastics Industry
(SPI) Code No. 2.
Any waste of a solid, semisolid, liquid or gaseous form resulting
from normal and routine household activities such as cleaning, painting, maintenance
and sanitizing. Such waste shall include but not be limited to substances
which are toxic, corrosive, flammable, irritants or strong sensitizers and
found in such household products as oven cleaners, cleaning agents, pesticides
and solvents.
The process by which solid wastes are burned for the purpose of volume
or weight reduction, energy recovery or destruction of pathogens in facilities
designed for such use.
A processing facility designed and operated for controlled burning
of wastes, including infectious waste, to achieve volume or weight reduction,
change waste characteristics, to generate energy, recover heat or to destroy
human or animal pathogens.
By-products, discards, sludges, rejects and other waste products
created by any manufacturing process, activity or technology or the performance
of a service in which wastes of a nonresidential nature are produced. Such
services include, but are not limited to, auto body repair shops, gas stations,
dry cleaners, paint shops, furniture stripping shops, junkyards and salvage
yards.
Solid waste which may contain pathogens with sufficient numbers and
virulence so that exposure to the waste by a susceptible host could result
in an infectious disease. Examples of infectious waste would include, but
not be limited to, bandages, dressings, needles and tissues, fluids or body
parts from medical, dental and veterinary sources, including clinics, hospitals,
ambulances, nursing homes and care of medical, dental and veterinary patients.
A facility for the secondary or incomplete handling or treatment
of solid waste, including but not limited to a transfer station, canister
site, recovery of recyclable materials, reduction, shredding and compression.
A facility where solid waste is placed in a land spreading facility,
a landfill or surface impoundment facility for disposal purposes.
The presence in or on the land of any waste in such quantity, of
such nature and duration and under such condition as would affect injuriously
any waters of the state, create air contaminants or cause air pollution.
Low-density polyethylene, labeled by the SPI Code No. 4.
A person who has been issued a license by the Pierce County Solid
Waste Management Board for solid waste management purposes pursuant to this
chapter.
Magazines and other materials printed on similar paper.
A property containing five or more residential units, including those
which are occupied seasonally.
Waste generated primarily by residential and commercial activities.
Municipal waste does not include industrial or agricultural wastes.
A newspaper and other materials printed on newsprint.
Commercial, retail, industrial, institutional and governmental facilities
and properties. This term does not include multiple-family dwellings.
High-grade printing and writing papers. Printed white ledger and
computer printout are examples of office paper generally accepted as high
grade. This term does not include industrial process waste.
Combustion in which the by-products thereof are emitted directly
into the ambient air without passing through a properly sized stack or chimney
with sufficient pollution control devices to control emissions to meet State
of Wisconsin and nuisance standards and which is not capable of being licensed
or permitted by the Wisconsin Department of Natural Resources as a solid waste
incinerator.
Any site, facility or activity relating to solid waste management.
Plastic resins labeled by the SPI Code No. 7.
Any human being, any municipality or other governmental or political
subdivision or other public agency, any public or private corporation, any
partnership, firm, association or other organization, any receiver, trustee,
assignee, agent or other legal representative of any of the foregoing, or
any other legal entity.
Polyethylene terephthalate, labeled by the SPI Code No. 1.
An individual, separate, rigid plastic bottle, can, jar or carton,
except for a blister pack, that is originally used to contain a product that
is the subject of retail sale.
Solid waste other than:
Polypropylene, labeled by the SPI Code No. 5.
Waste that is baled, shredded, pulverized, composted, classified,
separated, combusted or otherwise treated or altered by some means to facilitate
further transfer, processing, utilization or disposal.
Polystyrene, labeled by the SPI Code No. 6.
Waste which contains organic matter capable of being decomposed by
microorganisms and of such a character and proportion as to be capable of
supporting a vector population or attracting or providing food for birds or
which may reach a foul state of decay or decomposition.
Polyvinyl chloride, labeled by the SPI Code No. 3.
Materials that are separated from solid waste for the purpose of
recycling, including newsprint, ledger paper, corrugated cardboard, plastic,
glass, aluminum, ferrous metals, nonferrous metals, metal containers, automobile
oil, batteries, finished compost and any other material later deemed recyclable
by the county.
A facility where recyclable materials are purchased or received from
generators or collectors, processed for marketing or loaded onto vehicles
for transport to market.
A land disposal site, permitted by the Department of Natural Resources
and Pierce County, employing an engineered method of disposing of solid waste
on land in a manner that minimizes environmental hazards by spreading the
solid waste in thin layers, compacting the solid waste to the smallest practical
volume and applying cover material at the end of each operating day or at
intervals as may be required by the Department of Natural Resources and Pierce
County. Engineered sanitary landfills must have impermeable clay or membrane-type
liners, leachate collection and treatment provisions and surface water diversions
according to Department of Natural Resources and county standards.
Land located within the following distances from public water:
Any waste that is in solid, semisolid or liquid form generated from
a municipal, commercial or industrial wastewater treatment plant, water supply
treatment plant or air pollution control facility.
Garbage, debris from construction and demolition activities, refuse,
sludge from a water supply treatment plant or a contaminant treatment facility,
nonhazardous medical waste or other discarded waste materials and sludges,
in solid, semisolid, liquid or contained gaseous form, resulting from residential,
industrial, commercial, mining or agriculture operations or from community
activities, but does not include hazardous waste; unrinsed or partially filled
pesticide containers; animal waste used as fertilizer; clean fill, sewage
sludge, solid or dissolved material in domestic sewage or other common pollutants
in water resources such as silt, dissolved or suspended solids or suspended
solids in industrial wastewater effluents or discharges which are point sources
subject to permits under Section 402 of the Federal Water Pollution Control
Act, as amended; dissolved materials in irrigation return flows; or source
material, special nuclear material or by-product material as defined by the
Atomic Energy Act of 1954, as amended, and any other radioactive material.
An operation for the discharge, deposit, injection, combustion, dumping
or placing of any solid waste into or on any land, water or air in a manner
which may permit the solid waste or any constituent of the solid waste to
be emitted into the air, to be discharged into any waters of the state or
otherwise to enter into the environment. "Solid waste disposal facility" does
not include the transportation, storage or intermediate treatment of solid
waste.
The storage, collection or removal of solid waste from or on public
or private property, its transportation to intermediate or final disposal
facilities or its final disposal by methods approved by the Department of
Natural Resources and Pierce County.
A sanitary landfill, demolition debris landfill, incinerator, open
burn site, recycling center, composting facility, intermediate facility or
other operation designed to store, process or dispose of solid waste.
An intermediate solid waste facility in which solid waste collected
from any source is temporarily deposited to await transportation to another
solid waste management facility.
Fees that are charged by the waste hauler for solid waste collection
and disposal services in relation to the volume or weight of the materials
disposed.
A tire that is no longer suitable for its original purpose because
of wear, damage or defect and which has been removed from a vehicle.
The discharge of any pollutant into any waters of the state or the contamination
of any waters of the state so as to create a nuisance or render such water
unclean or noxious or impure so as to be actually or potentially harmful or
detrimental or injurious to public health, safety or welfare, to domestic,
agricultural, commercial, industrial, recreational or other legitimate uses
or to livestock, animals, birds, fish or other aquatic life; or
The man-made or man-induced alteration of the chemical, physical, biological,
thermal or radiological integrity of waters of the state.
Waters, surface or underground, except those surface waters which
are not confined but are spread and diffused over the land. "Waters of the
state" includes all boundary and inland waters.
Used major residential or commercial appliances, such as washers,
dryers, refrigerators, air conditioners, freezers, stoves, furnaces, boilers,
dehumidifiers, water heaters, dishwashers, ovens and microwave ovens. Microwave
ovens may be disposed of in a landfill subject to the requirement that before
such disposal their capacitors have been removed.
The garden wastes, leaves, lawn cuttings, weeds and other nonwoody
vegetative wastes generated at residential or commercial properties.
A.
No person shall cause, permit or allow land or property
to be used for solid waste management purposes, except at an operation for
which a license has been granted by the Solid Waste Management Board, unless
otherwise provided by this chapter.
B.
Any operation to be used for any method of solid waste management not otherwise provided for in this chapter must be licensed by the Solid Waste Management Board before operation may commence. The license application shall include three sets of complete plans, specifications, design data and ultimate land use plans. Proposed operating procedures for a solid waste management facility must be prepared by a professional engineer registered in Wisconsin. The applicant shall procure a proper zoning permit to accompany the application if required by Chapter 240, Zoning. No license shall be issued for a solid waste facility unless the applicant has demonstrated to the satisfaction of the Solid Waste Management Board the availability of revenues necessary to operate the facility in accordance with applicable state and local laws, ordinances and rules.
C.
After receiving an application for an operation, the
Department of Land Management shall refer such application to the County Solid
Waste Management Board and shall give recommendations to the Solid Waste Management
Board concerning whether it should issue or deny the license. If an applicant
is denied a license, such applicant shall be notified in writing of the reasons
therefor by the Solid Waste Management Board. A denial shall be without prejudice
to the applicant's right to file a further application after revisions are
made to satisfy objections specified as reasons for the denial. Any applicant
or other aggrieved person may petition for a hearing before the full County
Board to appeal any licensing determination by the Solid Waste Management
Board. The full County Board, with two-thirds majority vote, may overrule
or modify any licensing decision rendered by the Solid Waste Management Board
upon appeal by an aggrieved person. Such determination by the County Board
shall be made in conformity with the regulations in this chapter and state
laws. The full County Board, by two-thirds majority vote, may also attach
any additional requirements or conditions reasonably related to purposes served
by this chapter to any solid waste management license decision brought to
it by appeal from any aggrieved person.
D.
The Solid Waste Management Board shall refuse to issue
a license for any operation which does not comply with this chapter, all appropriate
federal and state rules, Department of Natural Resources rules, appropriate
zoning ordinances and the county's solid waste management plan. The Solid
Waste Management Board may also refuse to issue a license for any person with
a history of environmental convictions or who has shown a consistent disregard
for human health and environmental protection in previous activities.
E.
Issuance of any license pursuant to the provisions of
this chapter shall be contingent upon the applicant furnishing to the county
a bond in an amount to be set by the Solid Waste Management Board. This bond
shall name the county as obligee with sufficient sureties duly licensed and
authorized to transact business in the State of Wisconsin as sureties. The
condition of such bond shall be that if the licensee fails to comply with
any of the requirements or fails to perform any of the acts required of an
operation or ceases to operate or abandons the operation and the county is
required to expend any moneys or expend any labor or material to restore the
operation to a condition in compliance with this chapter, the bond holder
and the sureties on its bond shall reimburse the county for any and all expenses
incurred by the county to remedy failure of the licensee to comply with the
terms of this chapter, and the bond holder and its sureties shall indemnify
and save the county harmless from all losses, costs and charges that may occur
to the bond holder or its sureties because of any default of the licensee
under the terms of the license to operate in compliance with the terms of
the ordinances of the county. The Solid Waste Management Board may also refuse
to issue a license for any operation with a history of environmental violations
or where operator or owner has shown a consistent disregard for human health
and environmental protection in previous activities.
F.
In addition to the bond referred to in Subsection E, issuance of any license pursuant to the provisions of this chapter shall be contingent upon the applicant securing and furnishing to the county a copy of a certificate of insurance. Said certificate will be issued to the licensee by insurers duly licensed with the State of Wisconsin and in amount to be set by the Solid Waste Management Board. Such insurance shall include general liability, including but not limited to bodily injury and property damage and motor vehicle loading and unloading insurance.
G.
Any license granted by the Solid Waste Management Board
under the provisions of this chapter may be suspended by the Solid Waste Management
Board at any time for noncompliance with the provisions of the license, this
chapter or applicable state laws or rules or upon written notification to
the licensee and the Solid Waste Management Board by the Department of Land
Management or by an authorized representative of the Department of Natural
Resources that the continued use of the operation may endanger the health,
welfare or safety of the public or that the continued use may cause pollution
or impairment of the environment.
(1)
The notice of suspension shall be deemed adequately served
whenever it is served upon the licensee personally or by leaving the same
at the licensed premises with the person in charge thereof. A copy of the
notice of suspension shall be provided to the County Board.
(2)
The Solid Waste Management Board shall remove the license
suspension only upon presentation of evidence acceptable to the Solid Waste
Management Board that the conditions which were cited as cause for suspension
have been fully corrected.
(3)
A license may be revoked only after the Solid Waste Management
Board has held a public hearing at which the licensee and other persons wishing
to be heard concerning the operation shall have the right to be heard. The
date of the hearing for license revocation shall be set by the Solid Waste
Management Board and shall not be held earlier than 20 calendar days after
notice of said hearing was mailed to the licensee. A transcript thereof shall
be made by tape recording or other suitable technique. If, at said hearing,
the Solid Waste Management Board shall determine that the operation has been
conducted in violation of the provisions of the license, this chapter, state
laws or state rules, the Solid Waste Management Board may revoke the license
or continue such suspension in effect until the operator has demonstrated
that full compliance with the provisions of the license, this chapter, state
laws and state rules has been attained.
(4)
Any licensee may request a hearing before the full County
Board to appeal any license suspension or revocation decree issued by the
Solid Waste Management Board. Upon appeal by any aggrieved person, the full
County Board, by two-thirds majority vote, may modify or rescind any suspension
or revocation action taken by the Solid Waste Management Board. By two-thirds
majority vote, the full County Board may also attach additional requirements
or conditions reasonably related to the purposes served by this chapter to
any suspension or revocation action brought to it by an aggrieved person.
H.
Routine inspection and evaluation of an operation may
be made by the Department of Land Management at such frequency as to ensure
consistent compliance by the operation with the provisions of this chapter.
The licensee shall be provided with a written inspection report containing
a precise description of any deficiencies, recommendations for the correction
thereof and the date when the corrections shall be accomplished. Copies of
said report(s) shall be furnished to the Department of Natural Resources and
the Solid Waste Management Board. The licensee shall allow authorized representatives
of the county and the Wisconsin Department of Natural Resources access to
the facility at any time for the purpose of making such inspections as may
be necessary to determine compliance with the requirements of this chapter
and any other applicable statute, ordinance or rule.
I.
Adherence to this chapter shall not relieve any person
or entity from obligations imposed by any other applicable law, ordinance
or rule that are more restrictive or of compatible restriction.
J.
Every license issued for a solid waste management facility
shall be recorded in the office of the Register of Deeds.
The Department of Land Management shall have all necessary authority
to implement and carry out the provisions of this chapter, including but not
limited to the following:
A.
To review and consider all license applications and supporting
materials which are referred to the Department of Land Management for operations
within the county and, after such review and consideration, to recommend with
documentation to the Solid Waste Management Board whether a license should
be granted or denied.
B.
To inspect operations to determine compliance and to
investigate complaints about violations of this chapter.
C.
To recommend to the Corporation Counsel that legal proceedings
be initiated against a person to compel compliance with the provisions of
this chapter or to terminate or control an operation not in compliance with
this chapter. If granted by a Solid Waste Management Board resolution, the
Department of Land Management may have citation authority, with the forfeiture
of funds established by the Solid Waste Management Board for any citations
issued.
D.
To encourage and conduct studies, investigations and
research relating to aspects of solid waste management, including but not
limited to methodology, chemical and physical considerations and engineering.
E.
To advise, consult and cooperate with the public and
other governmental agencies under the direction of the Land Management Committee
in furtherance of the purpose of this chapter.
A.
Solid waste shall be stored in a manner which complies
with rules administered by the Wisconsin Department of Natural Resources and
Pierce County.
B.
Hazardous waste shall be stored in accordance with rules
administered by the Wisconsin Department of Natural Resources and Pierce County
and all applicable federal and state rules.
C.
Intermediate solid waste facilities, such as transfer stations and canister sites, may be established and shall be licensed annually according to § 201-6 and shall meet all requirements listed in this section as well as any additional requirements imposed by the Solid Waste Management Board. Local units of government shall be exempted from payment of fees for transfer stations and canister sites owned and operated by that local unit of government.
D.
Putrescible solid waste shall not be stored on public
or private property for more than 10 days without the written approval of
the Department of Land Management unless in compliance with the provisions
of this chapter. Nonputrescible wastes suitable for recycling shall not be
stored on public or private property in a manner which creates a nuisance,
blight or health hazard. Intermediate and finished compost are excluded from
the storage limitations.
E.
Solid waste at a solid waste storage facility shall not
be burned. Fires at any solid waste storage facility shall be immediately
extinguished in a manner which would not result in water pollution, land pollution
or injury to human health.
[Amended by Ord. No. 93-3; Ord. No. 94-16; Ord. No. 94-23]
A.
Licensing and truck registration.
(1)
No person or entity shall maintain or operate a commercial
collection or transportation service for the removal of solid waste in Pierce
County without having obtained a valid operating license from the Department
of Land Management.
(2)
No person or entity shall operate any vehicle as part
of a commercial service for the purpose of removing, collecting or transporting
solid waste without having in his possession a valid operating license and
truck registration decal issued by the Department of Land Management and must
also be currently licensed and maintain licensure under Department of Natural
Resources regulations.
(3)
Each truck operated by a licensed person or entity shall
be separately registered with the Department and shall display all permits
and decals as required. In the event that a licensed person or entity exchanges
or adds trucks, a new truck registration decal must be obtained.
(4)
The license and registration period shall be one year
commencing on January 1 and terminating on December 31 of each year.
C.
Application process.
(1)
Initial application for an operator's license and truck
registration may be submitted at any time during the license period.
(3)
Truck registration fees shall not be prorated.
(4)
All application fees for operator licensing shall be
paid to the Pierce County Department of Land Management and be accompanied
by the Department approved application form.
(5)
All truck registration application fees shall be paid
to the Pierce County Department of Land Management and shall be accompanied
by the vehicle identification number of each truck to be registered on the
Department of Land Management approved application form.
(6)
After payment, the Department of Land Management will
issue a receipt for paid operator licensing and truck registration fees to
the person or entity. The Department of Land Management will retain a copy
of each application form for which a receipt is issued.
(7)
The receipt and application form shall then be submitted
to the Solid Waste Management Board for approval or denial.
(8)
The Solid Waste Management Board shall review and approve
or deny the application within 90 days after receiving the application or
by the date of the expiration of the current license, whichever occurs later.
(9)
Renewal applications shall be submitted to the Department
by December 31 preceding the next licensing period.
(10)
Timely renewal applications shall be acted on by the Solid Waste Management Board within 45 days. Unless § 201-2G applies, all timely applicants, including December applicants, may continue to operate pursuant to their last valid license during the forty-five-day period the Solid Waste Management Board deliberates the renewal application.
(11)
Late applicants for renewal permits shall pay the full yearly application fee without a Subsection C(2) proration.
(12)
Operators who do not renew their license for 12 months
and who wish to reapply for an operator's license shall be considered as initial
applicants under this chapter.
(13)
License and registration application fees are not refundable.
(14)
License holders shall submit additional data or other
information reasonably related to the purposes served by this chapter when
required by the Department.
(15)
Any applicant that is denied licensing and/or truck registration
may reapply within the current licensing period or may appeal the denial to
the full County Board upon written notice within 30 days of the date of the
denial. The full County Board, by two-thirds majority vote, may rescind, reinstate
or modify any solid waste collection and transportation decision brought to
it or appeal from any aggrieved person in conformity with the regulations
in this chapter and state laws and may also, by two-thirds majority vote,
attach additional requirements or conditions reasonably related to the purposes
served by this chapter to any solid waste collection and transportation license
decision brought to it by any aggrieved person.
D.
Operational requirement and standards. Any person licensed
to operate or maintain a solid waste collection and transportation service
in Pierce County shall do so in accordance with the following requirement
and standards:
(1)
Identifying information. Each vehicle shall have lettered
on both sides the name, address and telephone number of the license holder
and the empty and gross weight of the vehicle. The letters and numbers shall
be at least two inches high with a minimum one-half-inch brush stroke and
be a color that contrasts with the background to make it easy to read. Each
vehicle shall also prominently display a county truck registration decal on
or adjacent to the driver's door window.
(2)
Disposal.
(a)
All solid waste shall be disposed of in accordance with
state and local statutes, regulations and ordinances. When the Pierce County
Solid Waste Management Board adopts flow control, solid waste collected and
transported in Pierce County shall be disposed of at sites designated and
approved by the Pierce County Solid Waste Management Board. At that time all
acceptable solid waste collected in Pierce County shall be delivered to the
Pierce County resource conservation facility.
(b)
Any licensed solid waste collector must provide separated
collection of source-separated recyclables under any township, village, city
or county ordinance or decree. Collected recyclable material must be brought
to the resource conservation facility or other designated recycling center
unless otherwise approved in writing by the Solid Waste Management Board after
Pierce County adopts flow control in accordance with Wisconsin state statutes.
Any person wishing to dispose of any solid waste with a point of origin or
generation outside of Pierce County must receive prior approval from the Pierce
County Solid Waste Management Board before delivering out-of-county wastes
to the Pierce County resource conservation facility after the adoption of
flow control. All source-separated recyclables shall be kept in a separated
condition by any person collecting and transporting source-separated recyclables
from curbside or drop-off collection programs and shall deliver such separated
recyclables to the Pierce County resource conservation facility or other designated
recycling center upon the adoption of flow control by Pierce County unless
granted a waiver by the Pierce County Solid Waste Management Board.
(3)
Billing. License holders are responsible for payment
of all tipping fees and site charges. Tipping fees and site charges are to
be paid promptly by the license holder directly to the facility. In the event
that an operator persists in nonpayment of tipping fees and site charges,
the Department may, at its option, condition continued licensing upon a cash
deposit of an adequate amount to cover such fees to be held in trust for the
benefit of the approved facility. Failure to pay tipping fees and site charges
shall result in billing by Pierce County; said bills are payable within 30
days of the billing date. Failure to pay tipping fees and site charges may
result in revocation of license and registration after written notice to the
license holder.
(4)
Inspection. The Department may inspect and approve all
solid waste collection and transportation vehicles before granting a license
and at such other times as the Department deems necessary. Said inspections
do not ensure or represent that said vehicles are safe or road worthy. All
registered vehicles must comply with Department of Motor Vehicle registrations.
(5)
Compliance with Administrative Code. Any additional requirement
of Chapter NR 180 of the Wisconsin Administrative Code must be complied with.
(6)
Use of approved facilities.
(a)
The Pierce County Solid Waste Management Board shall
designate approved facilities for disposal of solid waste and refuse removed,
collected and transported from Pierce County communities. The Pierce County
Solid Waste Management Board shall also designate approved facilities for
the delivery of recyclable materials removed, collected and transported from
Pierce County communities.
(b)
The Pierce County Solid Waste Management Board may designate
specific disposal facilities for use by certain communities from time to time
as is necessary to promote the general health and welfare of the public and
to implement a solid waste management program.
(c)
Upon arrival at an approved facility, the operator shall
indicate from which community solid waste was collected and transported to
the site.
(d)
Operators will maintain logs and report tonnage transported
and delivered as required by the Department.
(e)
In the event that a licensed operator is ordered pursuant
to § 287.13, Wis. Stats., to utilize a specific approved facility
by the Department, said operator has 60 days to comply prior to invocation
of penalties as hereinafter stated, if not barred by statute or stayed by
appeal as described in § 287.13, Wis. Stats.
(7)
Any contract made by the license holder with any person
for solid waste collection in Pierce County that is not in compliance with
this chapter shall be void to the extent it allows or requires conduct impermissible
under this chapter.
(8)
Collection personnel will operate at all times in a safe
and courteous manner. Public safety and environmental protection shall be
the primary considerations of operation.
(9)
Collection vehicles will be maintained to provide for
collection of solid waste. This may require, for example, that demolition
waste be collected separately and not mixed with garbage or hazardous wastes
and that vehicles be outfitted to collect separated wastes such as recyclables
and yard waste.
(10)
Only wastes deemed acceptable shall be collected for
transport to facilities designated for use by the Solid Waste Management Board.
(11)
License holders shall operate at all times in compliance
with laws and codes of the State of Wisconsin and appropriate federal regulations.
(12)
Licensed haulers shall implement a volume-based user
fee system for the collection and disposal of all solid waste generated from
residential households. Volume-based fees shall apply where the waste collected
per individual household exceeds one forty-five-gallon container per week.
For weekly service which does not equal or exceed this amount, at the option
of the hauler, a flat fee or a volume-based fee for service may be charged.
The license holder shall submit all available written documentation to the
Department of Land Management that shows the number and addresses of households
using volume-based fees. If the license holder does not have all the requested
documentation available, then the license holder must submit to the Department
of Land Management all available written documentation and identify the townships,
villages and cities that can supply the additional documentation. The townships,
villages and cities identified are then held responsible to submit written
documentation to the Department of Land Management that shows the number and
addresses of households using volume-based fees. This documentation shall
be submitted to the Department on or before July 1 and December 31 of each
year.
A.
No intermediate solid waste facility shall be constructed, established, maintained or operated unless the operator or owner thereof has first been issued a license from the Solid Waste Management Board and a permit from the Wisconsin Department of Natural Resources. The applicant shall meet all requirements for obtaining a license as specified in § 201-2 of this chapter. The application for a license shall contain the following information:
(1)
An operating schedule and a schedule of fees to be levied
at the intermediate solid waste facility.
(2)
An affidavit stating that the applicable township governments
have been given at least 45 days' notification of the pending application
for a license.
(3)
Written proof from the County Zoning Administrator that
the appropriate zoning designation has been granted.
(4)
Sufficient documentation to enable the Solid Waste Management
Board to determine whether the applicant is financially and operationally
capable to properly dispose of all solid waste.
(5)
Any other information requested by the Solid Waste Management
Board to assess environmental and public health impacts.
(6)
Plans for the unloading of solid waste from contributing
vehicles. Unloading shall be conducted in such a manner as to prevent or eliminate
odor and litter outside the facility.
B.
Local units of government shall be exempted from payment
of fees for transfer stations and canister sites owned and operated by that
local unit of government.
The following requirements shall apply to all incinerators of any size
which process solid waste.
A.
No entity shall install or operate an incinerator without
first obtaining a license from the Solid Waste Management Board.
B.
No license for an incinerator will be granted for the
combustion of materials deemed to be recyclable by the Pierce County Solid
Waste Management Board.
C.
The applicant shall meet all requirements for obtaining a license as specified in § 201-2 of this chapter. Furthermore, the Solid Waste Management Board shall not issue a license until the applicant and facility comply with the following requirements:
(1)
All of the same rules, regulations, policies and criteria
for incinerator construction, operation and maintenance contained in state
rules administered by the Wisconsin Department of Natural Resources which
apply to incinerators.
(2)
Upon completion of the facility and prior to initial
operation, the Department of Land Management shall be notified to allow personnel
of the county to inspect the facility both prior to and during the performance
tests.
D.
The application for a county license shall include, but
may not be limited to, the following:
(1)
A schedule including days and hours of operation and
a schedule of fees to be levied at the incinerator.
(2)
General description of property within a radius of up
to five miles from the proposed incinerator. The Solid Waste Management Board
shall make a determination of the required radius based upon the proposed
incinerator's size, capacity, stack height, potential emissions and other
characteristics.
(3)
Proof from the applicant that the applicable township
or municipal governments have been given at least 45 days' written notification
of the pending application for a license.
(4)
An affidavit from an officer, agent or representative
of the applicable township or municipality stating that the facility as proposed
appears to be in compliance with any ordinance already established by said
township or other municipality.
(5)
Written proof from the County Zoning Administrator that
the appropriate zoning designation has been granted.
(6)
Sufficient documentation to enable the Solid Waste Management
Board to determine whether the applicant is financially and operationally
capable to properly process and dispose of all solid waste.
(7)
All of the same information required for review by the
state rules administered by the Wisconsin Department of Natural Resources
which apply to incinerators.
(8)
Such additional data and information reasonably related
to the purposes served by this chapter as may be required by the Department
of Land Management. The Solid Waste Management Board may require an environmental
health risk assessment from any applicant for an incinerator license.
E.
Trained and qualified operators shall supervise the operation
and maintenance of the incinerator and associated components at all times.
F.
During normal operation, the facility shall comply with
the following requirements:
(1)
Permanent records shall be maintained for county inspection
as to the quantity, composition and source of material incinerated, the total
quantity of resulting residue and total hours of plant operation. Records
of emission and residue testing shall also be retained and be made available
for county inspection.
(2)
Any discharges to the air or to surface or ground waters
of the state shall meet all applicable state and county rules for air and
water quality or emission and effluent standards now or hereafter adopted.
(3)
All unloading and processing of solid waste at the facility
shall be conducted in such a manner as to prevent or eliminate odors and litter
outside the facility.
G.
Incinerators which will be used to destroy or dispose
of infectious waste shall follow all state rules for the handling, storage
and transportation of infectious waste. Operators of infectious waste incinerators
shall also provide training to employees and contracted infectious waste transporters
and handlers sufficient to minimize the potential of exposure to susceptible
hosts or members of the public.
A.
Land disposal facilities, including but not limited to engineered solid waste landfills and demolition landfills, shall meet all the requirements or rules administered by the Wisconsin Department of Natural Resources and Pierce County which govern these facilities. Additionally, no person shall establish, operate or maintain a land disposal facility without first obtaining a license from the Solid Waste Management Board in accordance with § 201-2.
B.
An application for a county license shall include, but
is not limited to, the following:
(1)
Location, size and ownership of land upon which the operation
will be situated.
(2)
General description of property used within a mile of
the operation.
(3)
Complete construction plans and specifications and proposed
operating procedures for the operation. These submittals shall conform to
Department of Natural Resources requirements. Copies of all application documents
submitted to the Department of Natural Resources for permitting purposes shall
also be included with any application for a county license.
(4)
Rates and charges to be imposed at the operation.
(5)
Proof from the applicant that the applicable township
or municipal governments have been given at least 45 days' written notification
of the pending application for a license.
(6)
An affidavit from an officer, agent or representative
of the applicable township or municipality stating that the facility as proposed
appears to be in compliance with any ordinance already established by said
township.
(7)
An affidavit from the County Zoning Administrator that
the appropriate zoning designation has been granted.
(8)
Such additional data and information reasonably related
to the purposes served by this chapter as may be required by the Department
of Land Management.
C.
A solid waste land disposal facility shall be sited,
constructed, operated and maintained in compliance with requirements and rules
administered by the Wisconsin Department of Natural Resources and Pierce County
and the appropriate township and all applicable state and federal regulations.
D.
A solid waste land disposal facility shall also be operated
according to the following criteria:
(1)
A sign shall be posted on the premises indicating the
name of the operation, name and telephone number of the owner or agent, the
days and hours during which it is open to the public and user charges, if
any. The sign shall be approved by the Department of Land Management.
(2)
The construction, maintenance and landscaping plans must
be submitted and approved in advance by the Pierce County Solid Waste Management
Board. The owner and operator shall adhere to all provisions of the approved
plans. The Pierce County Solid Waste Management Board may revoke, suspend
or deny permits for failure to adhere to approved construction, maintenance
or landscaping plans.
(3)
Sanitary facilities and shelter adequate for employees
shall be provided on the premises.
(4)
No radioactive material, industrial waste or ash or other
residual from an incinerator and associated pollution control devices or technology
shall be placed in a solid waste land disposal facility unless it has been
immobilized such as by mixing with cement or by calcining with glass, clay
or other minerals so as to render that immobilized product insoluble under
solid waste land disposal conditions.
(5)
Only processed wastes shall be placed in a solid waste
land disposal facility. Organic wastes shall have first been composted, incinerated
or otherwise reduced in volume and stabilized. Inorganic wastes and demolition
debris shall have first been processed through a complete recycling program
to remove all materials that can be recycled.
(6)
Records in a form acceptable to the Department of Land
Management shall be maintained indicating the type and quantity of solid waste
processed by the operation.
(7)
The operation shall be located, equipped, operated and
maintained in a manner which prevents the creation of a nuisance or unsanitary
condition.
(8)
The premises' entrances and exits shall be maintained
in a clean, neat and orderly manner at all times.
(9)
All unloading and processing of solid wastes at the land
disposal facility shall be conducted in such a manner as to prevent or eliminate
odors and litter outside the facility.
E.
Trained and qualified operators shall supervise the operation
and maintenance of the solid waste disposal facility and associated components
at all times. Training and qualifications shall be reviewed and approved by
the Solid Waste Management Board.
F.
A special license may be granted for a one-time burial
of demolition debris on the site or project area where the demolition occurred,
under the following conditions:
(1)
The site is within the Agricultural (A) or Industrial
(I) Zones according to the Pierce County Zoning Map.
(2)
The site is not in a floodplain or shoreland zone and
the depth to groundwater below the bottom of the proposed fill is greater
than 10 feet.
(3)
Demolition and filling can be completed in 30 days or
less.
(4)
The site is more than 100 feet from the nearest property
line.
(6)
Final cover consists of at least two feet of suitable
soil, including six inches of topsoil capable of maintaining vegetative growth.
(7)
The fill area is properly mulched and seeded to prevent
erosion.
A.
No recycling or composting facilities shall be constructed, established, maintained or operated unless the operator or owner thereof has first been issued a license from the Solid Waste Management Board. The applicant shall meet all requirements for obtaining a license as specified in § 201-2 of this chapter and shall meet all requirements or rules administered by the Wisconsin Department of Natural Resources and Pierce County which govern these facilities. The application for a license shall contain the following information:
(1)
Location, size and ownership of land upon which the operation
will be situated.
(2)
General description of property used within a quarter
mile of the operation.
(3)
Complete construction plans and specifications and proposed
operating procedures for the operation.
(4)
Recyclable and compostable materials to be accepted at
the facility.
(5)
An affidavit stating that the applicable township governments
have been given 45 days' written notification of the pending application for
a license.
(6)
An affidavit from the County Zoning Administrator that
the appropriate zoning designation has been granted.
(7)
Such additional data and information reasonably related
to the purposes served by this chapter as may be required by the Department
of Land Management.
B.
A recycling and composting facility shall be constructed,
operated and maintained in compliance with the following requirements:
(1)
A sign shall be posted on the premises indicating the
name of the operation and the days and hours during which it is open to the
public.
(2)
Sanitary facilities and shelter adequate for employees
shall be provided on the premises.
(3)
Records in a form acceptable to the Solid Waste Management
Board shall be maintained indicating the sources, types, quantities and markets
for recyclables and the sources, types, quantities, levels of contamination
and markets for compostables as well as finished compost.
(4)
The operation shall be located, equipped, operated and
maintained in a manner which prevents the creation of a nuisance or unsanitary
condition.
(5)
The premises' entrances and exits shall be maintained
in clean, neat and orderly manner at all times.
(6)
Composting facilities shall have provisions to collect,
evaluate and dispose of any leachate from the composting operation or storage
of any compost.
(7)
All storage areas for unfinished or finished compost
shall include an impermeable concrete floor, a roof and a leachate collection
system.
(8)
Finished compost to be given away, marketed, sold or
otherwise distributed for use within Pierce County shall meet Minnesota Class
I standards (or State of Wisconsin equivalent when established) unless exempted
by the Solid Waste Management Board when it can be demonstrated that the production
and use of compost of lower quality will not cause harm to the environment
or human health.
(9)
Facilities for composting solid waste shall incorporate
up-front source separation to remove recyclables corresponding to Pierce County's
source separation rate at the time the license would be granted.
(10)
Composting operations must have provisions for removal
of hazardous wastes and batteries from the compost material at the earliest
possible stage of the process.
(11)
An odor-control system which would prevent nuisances
to adjoining properties must be designed, operated and maintained for any
composting operation. Plans for odor-control systems must be submitted and
approved by the Solid Waste Management Board.
A.
Occupants of single-family and two- to four-unit residences,
multiple-family dwellings and nonresidential facilities and properties in
Pierce County shall separate the following materials from postconsumer waste:
(1)
Lead acid batteries.
(2)
White goods.
(3)
Waste oil.
(4)
Yard waste.
(5)
Aluminum containers.
(6)
Bi-metal containers.
(7)
Corrugated paper or other container board.
(8)
Foam polystyrene packaging.
(9)
Glass containers.
(10)
Magazines.
(11)
Newspaper.
(12)
Office paper.
(13)
Rigid plastic containers made of PETE, HDPE, PVC, LDPE,
PP, PS and other resins or multiple resins.
(14)
Steel containers.
(15)
Waste tires.
(16)
Fluorescent light bulbs.
B.
Exemptions. The separation requirements of Subsection A of this section do not apply to the following:
(1)
Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties who send their postconsumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in Subsection A of this section from solid waste in as pure a form as is technically feasible.
(2)
Solid waste which is burned as a supplemental fuel at
a facility if less than 30% of the heat input to the solid waste management
facility is derived from the solid waste burned as supplemental fuel.
C.
Care of separated materials. To the greatest extent practicable, the recyclable materials separated in accordance with Subsection A of this section shall be clean and kept free of contaminants, such as food or product residue, oil or grease or other nonrecyclable materials, including but not limited to household hazardous waste, medical waste and agriculture chemical containers. Recyclable materials shall be stored in a manner which protects them from wind, rain and other inclement weather conditions.
D.
Management of lead acid batteries, white goods, waste
oil and yard waste. Occupants of single-family and two to four unit residences,
multiple-family dwellings and nonresidential facilities and properties shall
manage fluorescent light bulbs, lead acid batteries, white goods, waste oil
and yard waste as follows:
(1)
Fluorescent light bulbs shall be taken to the Pierce
County heavy metal and rubber day cleanup or residents can contact a licensed
vendor to properly dispose fluorescent bulbs.
(2)
Lead acid batteries shall be taken to an area retail
business that sells vehicle batteries.
(3)
White goods shall be taken to the Pierce County heavy
metal and rubber day cleanup. Residents can also contract with a licensed
hauler to dispose of white goods.
(4)
Waste oil shall be brought to a designated waste oil
collection site. Contact the Department of Land Management for a list of designated
sites.
(5)
Yard waste shall be managed on site or brought to a municipal
compost facility. Yard waste shall not be placed in a landfill or incinerator.
E.
Preparation and collection of recyclable materials. Except as otherwise directed by the Department of Land Management, occupants of single-family and two- to four-unit residences shall do the following for the preparation and collection of the separated materials specified in Subsection A of this section:
(1)
Aluminum containers shall be cleaned thoroughly and flattened.
The containers shall be placed in the approved recycling bin and placed upon
the curb on the day designated for collection or they shall be placed in the
designated receptacle of an established drop-off site during the days and
hours of operation.
(2)
Bi-metal containers shall be rinsed clean, labels removed,
top and bottom removed and flattened. The containers shall be placed in the
approved recycling bin and placed upon the curb on the day designated for
collection or they shall be placed in the designated receptacle of an established
drop-off site during the days and hours of operation.
(3)
Corrugated paper or other container board shall be cleaned
of all food contaminants and flattened. The containers shall be placed in
the approved recycling bin and placed upon the curb on the day designated
for collection or they shall be placed in the designated receptacle of an
established drop-off site during the days and hours of operation.
(4)
Foam polystyrene, beginning on January 1, 1995, shall
be rinsed free of product residue and the containers shall be placed in the
approved recycling bin and placed upon the curb on the day designated for
collection or they shall be placed in the designated receptacle of an established
drop-off site during the days and hours of operation.
(5)
Glass containers shall be rinsed clean, caps and rings
removed and kept separate by color. Window glass, ceramics, china, light bulbs
or glass cookware shall not be included. These glass items are not recyclable.
The containers shall be placed in the approved recycling bin and placed upon
the curb on the day designated for collection or they shall be placed in the
designated receptacle of an established drop-off site during the days and
hours of operation.
(6)
Magazines shall be bundled with string or placed in a
paper bag. The containers shall be placed in the approved recycling bin and
placed upon the curb on the day designated for collection or they shall be
placed in the designated receptacle of an established drop-off site during
the days and hours of operation.
(7)
Newspapers shall be bundled with string or placed in
a paper bag. The containers shall be placed in the approved recycling bin
and placed upon the curb on the day designated for collection or they shall
be placed in the designated receptacle of an established drop-off site during
the days and hours of operation.
(8)
Office paper shall be placed in a cardboard box or paper
bag, and on the box or bag shall be labeled "office paper." The containers
shall be placed in the approved recycling bin and placed upon the curb on
the day designated for collection or they shall be placed in the designated
receptacle of an established drop-off site during the days and hours of operation.
(9)
Rigid plastic containers shall be prepared and collected
as follows:
(a)
Plastic containers made of PETE shall be rinsed with
tops and pumps removed and flattened. The containers shall be placed in the
approved recycling bin and placed upon the curb on the day designated for
collection or they shall be placed in the designated receptacle of an established
drop-off site during the days and hours of operation.
(b)
Plastic containers made of HDPE shall be rinsed with
tops and pumps removed and flattened. The containers shall be placed in the
approved recycling bin and placed upon the curb on the day designated for
collection or they shall be placed in the designated receptacle of an established
drop-off site during the days and hours of operation.
(c)
Plastic containers made of PVC shall be collected beginning
January 1, 1995. Plastic containers made of PVC shall be rinsed with tops
and pumps removed and flattened. The containers shall be placed in the approved
recycling bin and placed upon the curb on the day designated for collection
or they shall be placed in the designated receptacle of an established drop-off
site during the days and hours of operation.
(d)
Plastic containers made of LDPE shall be collected beginning
January 1, 1995. Plastic containers made of LDPE shall be rinsed with tops
and pumps removed and flattened. The containers shall be placed in the approved
recycling bin and placed upon the curb on the day designated for collection
or they shall be placed in the designated receptacle of an established drop-off
site during the days and hours of operation.
(e)
Plastic containers made of PP shall be collected beginning
January 1, 1995. Plastic containers made of PP shall be rinsed with tops and
pumps removed and flattened. The containers shall be placed in the approved
recycling bin and placed upon the curb on the day designated for collection
or they shall be placed in the designated receptacle of an established drop-off
site during the days and hours of operation.
(f)
Plastic containers made of PS shall be collected beginning
January 1, 1995. Plastic containers made of PS shall be rinsed and flattened.
The containers shall be placed in the approved recycling bin and placed upon
the curb on the day designated for collection or they shall be placed in the
designated receptacle of an established drop-off site during the days and
hours of operation.
(g)
Plastic containers made of other resins or multiple resins
shall be collected beginning January 1, 1995. Plastic containers made of other
resins or multiple resins shall be rinsed with tops and pumps removed and
flattened. The containers shall be placed in the approved recycling bin and
placed upon the curb on the day designated for collection or they shall be
placed in the designated receptacle of an established drop-off site during
the days and hours of operation.
(10)
Steel containers shall be rinsed clean, labels removed,
top and bottom removed and flattened. The containers shall be placed in the
approved recycling bin and placed upon the curb on the day designated for
collection or they shall be placed in the designated receptacle of an established
drop-off site during the days and hours of operation.
(11)
Waste tires shall be brought to a licensed tire collection
facility or brought to the Pierce County heavy metal and rubber day cleanup.
F.
Owners or designated agents of multiple-family dwellings
in Pierce County shall do all of the following unless postconsumer waste generated
in those properties is treated at a processing facility that recovers for
recycling the materials specified in § 287.07(3) and (4), Wis. Stats.,
from that solid waste in as pure a form as is technically feasible:
(1)
Provide adequate, separate containers for the recycling
program established in compliance with this section.
(2)
Notify tenants in writing at the time of renting or leasing
the dwelling and at least semiannually thereafter about the program in this
section.
(3)
Provide for the collection of recyclable materials separated
from the solid waste by the tenants and the delivery of the recyclable materials
to a recycling facility.
(4)
Notify tenants of reasons to reduce and recycle solid
waste, which materials are collected, how to prepare recyclable materials
in order to meet the processing requirements, collection methods or sites,
locations and hours of operation and a contact person or company, including
a name, address and phone number.
G.
Owners or designated agents of nonresidential facilities
and properties in Pierce County shall do all of the following unless postconsumer
waste generated in those facilities and properties is treated at a processing
facility that recovers the materials specified in § 287.07(3) and
(4), Wis. Stats., from solid waste in as pure a form as is technically feasible:
(1)
Provide adequate, separate containers for the recycling
program established in compliance with this section.
(2)
Notify in writing, at least semiannually, all users,
tenants and occupants of the properties about the programs under this section.
(3)
Provide for the collection of recyclable materials separated
from the solid waste by the tenants and the delivery of the recyclable materials
to a recycling facility.
(4)
Notify users, tenants and occupants of reasons to reduce
and recycle solid waste, which materials are collected, how to prepare recyclable
materials in order to meet the processing requirements, collection methods
or sites, locations and hours of operation and a contact person or company,
including a name, address and phone number.
A.
No white goods, waste tires or lead acid battery collection, interim storage, processing, salvage or disposal facility shall be constructed, established, maintained or operated unless the operator or owner thereof has first been issued a license from the Solid Waste Management Board and a permit from the Wisconsin Department of Natural Resources, if appropriate. The applicant shall meet all requirements for obtaining a license as specified in § 201-2 of this chapter. Retail outlets which receive white goods, waste tires or lead acid batteries in trade as a course of business are exempted from this chapter unless they subsequently process or dismantle these waste items or unless a risk to the environment or public health results from a retail outlet's handling or storage of these waste items. The application for a license shall contain the following information:
(1)
Location, size and ownership of land upon which the operation
will be situated.
(2)
General description of property used within a mile of
the operation.
(3)
Complete construction plans and specifications and proposed
operating procedures for the operation.
(4)
Rates and charges to be imposed at the operation.
(5)
A notarized affidavit stating that the applicable township
governments have been given 45 days' written notification of the pending application
for a license and that the proposed facility will be in compliance with any
ordinances already established by said township.
(6)
Numbers of white goods, waste tires and lead acid batteries
to be stored, processed, salvaged or disposed of.
(7)
Such additional data and information as may be required
by the Department of Land Management.
B.
A white goods, waste tires or lead acid battery salvage,
processing, storage or disposal facility shall be constructed, operated and
maintained in compliance with requirements and rules administered by the Wisconsin
Department of Natural Resources and Pierce County.
C.
A white goods, waste tires or lead acid battery salvage,
processing, storage or disposal facility shall also be operated according
to the following criteria:
(1)
A sign shall be posted on the premises indicating the
name of the operation, the days and hours which it is open to the public and
user charges, if any. The sign shall be approved by the Department of Land
Management.
(2)
The premises shall be constructed and landscaped in such
a manner as to be aesthetically pleasing in appearance.
(3)
Sanitary facilities and shelter adequate for employees
shall be provided on the premises.
(4)
Records in a form acceptable to the Department of Land
Management shall be maintained indicating the type and quantities of white
goods, waste tires and lead acid batteries processed by the operation.
(5)
The operation shall be located, equipped, operated and
maintained in a manner which prevents the creation of a nuisance or unsanitary
condition.
(6)
The entrances and exits of the premises shall be maintained
in a clean, neat and orderly manner at all times.
(7)
All unloading of white goods, waste tires and lead acid
batteries from contributing vehicles shall be conducted in such a manner as
to prevent or eliminate nuisances and litter outside the facility.
(8)
Waste tires shall be immediately shredded or stored under
cover so as to prevent the accumulation of water in the tires that could serve
as breeding areas for mosquitoes.
(9)
Lead acid batteries shall be stored on an impermeable
curbed surface that is not affected by acids which may spill or leak from
the batteries stored thereon. The curbed surface shall be covered with an
impermeable roof or other approved means to eliminate the pooling or collection
of rain or snow in the storage areas. Spilled acids shall be collected and
disposed of according to Department of Natural Resources and Pierce County
regulations.
(10)
Unless granted by a waiver, no facility shall have more
than 100 white goods, 800 waste tires and 400 lead acid batteries on site
at any one time.
(11)
White goods collected must be transported to a licensed
salvage or dismantling facility that has the proper equipment and trained
employees to prevent PCB's, mercury, lead and refrigerants, including freon,
from entering the environment or risking human health. No salvage operation
in Pierce County shall be licensed to dismantle white goods unless PCB's,
mercury, lead and refrigerants can be properly captured and recycled or disposed
of in permitted facilities.
(12)
The operator of any white goods storage, processing,
salvage or disposal facility shall maintain records which show the numbers
and types of white goods accepted, amounts of PCB's, mercury, lead and refrigerants
or materials contaminated by these substances collected and disposed of and
the numbers and types of white goods disposed of at any other salvage operation,
dismantling plant, transfer station or other intermediate or final disposal
site. All records must be available for county inspection.
[Added by Ord. No. 93-3]
Clean fill sites shall be reviewed by the Department of Land Management
without special requirements unless upon Department review it is discovered
that shoreland protection requirements would be violated, protected species
would be endangered or the location of the site would constitute a public
nuisance. These exceptions would require approval of the Solid Waste Management
Board.
[Amended by Ord. No. 95-7]
No unlicensed facility for the disposal of solid waste on private property,
including burial sites and burning barrels, shall be constructed, established,
continued, maintained or operated after January 1, 1993.
A.
Individuals may burn yard waste generated on their own
property, including but not limited to brush, stumps or unpainted and untreated
wood, with prior notification to the Pierce County Department of Solid Waste,
unless township or municipal regulations prohibit open burning of these materials.
All necessary precautions shall be taken to prevent unauthorized material
from being burned, to keep the fire under control and to burn when wind and
weather conditions are such as to minimize adverse effects and to conform
to local and state fire protection regulations. Nothing in this chapter shall
be construed as relieving a person from the responsibility of obtaining any
necessary township or municipal burning permit. Burning shall take place only
on the property on which the yard waste was generated.
B.
Operations and facilities used for composting organic
wastes such as leaves, grass clippings, garden trimmings and vegetative food
and kitchen wastes from single-family homes are exempt from these regulations,
provided that they are operated in a nuisance-free and odor-free manner. Meat,
meat scraps, bones and grease shall not be composted within exempted single-family
composting operations because of potential nuisance problems.
Approval by the Solid Waste Management Board of an application for a
license for a solid waste management facility shall be made in accordance
with these regulations and must include the payment to the county of a license
application fee based upon the current fee schedule established by the Solid
Waste Management Board. The amounts of the license fees shall be based upon
the cost to the county of processing the license applications and administering
and enforcing this chapter with respect to said licenses. The fees prescribed
shall be paid by a license applicant for each facility maintained. Solid waste
license fees shall be paid annually as a condition for license renewal. Nonpayment
of the annual solid waste license fee shall be grounds for denial of license
renewal. There shall be a ten-percent penalty fee for late payment of fees
30 days beyond the renewal date. Fees shall be paid to the Pierce County Department
of Land Management prior to issuance of licenses.
A.
All land disposal operations licensed by the county shall
be terminated in accordance with rules administered by the Wisconsin Department
of Natural Resources and Pierce County.
B.
The licensee of any operation in Subsection A of this section which includes water monitoring wells, lysimeters or any other monitoring device or plan which is reviewed by the county or the Wisconsin Department of Natural Resources shall establish with the county an escrow account no later than one year from the effective date of the ordinance codified in this chapter or five years prior to termination of the operation, whichever occurs sooner. The purpose of the escrow account is to set aside adequate funds to continue the sampling required by the county or the Department of Natural Resources for a period of no less than 50 years from termination of the operation. The Solid Waste Management Board shall specify by resolution the amount of money to be deposited in the account and the terms for payments which shall be made by the licensee to that account. Failure by the licensee to meet the escrow account conditions established by the Solid Waste Management Board shall constitute a failure of the licensee to comply with the terms of this chapter, thereby enabling the county to use the provisions of § 201-2E to make the necessary withdrawals from the escrow account.
C.
The county, at its option, shall perform, supervise or
review all long-term monitoring required by the county or the Wisconsin Department
of Natural Resources following termination or abandonment of all solid waste
operations.
D.
The licensee of each solid waste operation shall inform
the Solid Waste Management Board in writing of the intent to abandon or terminate
the operation. Such notice shall be provided in advance of the abandonment
or termination date by the following amounts of time:
E.
Failure of a licensee to comply, for any reason, with
the above advance notice requirements shall constitute a failure of the licensee
to comply with the terms of this chapter.
No person shall burn, dump, place, deposit, bury or otherwise dispose
of solid waste in, or cause the littering of, any roadside, public park, private
property, waterway or other body of water or any other geographical component
of Pierce County.
A.
Each person shall be responsible for the legal and safe
storage, collection, transportation and disposal of solid waste that is generated
in that person's residence or place of business. Should solid waste be improperly
or illegally stored, collected, transported or placed in final disposal, the
person generating the waste, in the absence of clear negligence by others,
is responsible for pickup, proper disposal and the repair of any damages which
may result.
B.
No person shall place, deposit or dump solid waste or
any other item besides properly prepared and separated recyclables at any
drop-off location or in any curbside collection container established for
the collection of recyclables. Only materials declared by the Pierce County
Solid Waste Management Board to be recyclable shall be placed in drop-off
locations or curbside collection containers established for the collection
of recyclables.
C.
No person shall place, deposit or dump hazardous waste
at any unauthorized location, recyclable drop-off location or in a curbside
container for the collection of recyclables. No person shall place, deposit
or dump any hazardous waste in solid waste beyond normal household quantities
and compositions. No person owning or operating industrial, business or institutional
facilities shall place, deposit or dump any hazardous waste into solid waste.
All such hazardous wastes or hazardous materials must remain segregated and
be disposed of according to local, state and federal regulations.
D.
The Department of Land Management or other agency shall
gather evidence to determine ownership and responsibility for solid waste.
For the purposes of determining ownership and responsibility for improperly
or illegally stored, transported or disposed solid waste, the presence of
three or more pieces of mail with the same name and address shall be sufficient
to establish presumptive ownership.
E.
In the absence of the successful determination of ownership
and responsibility for improperly or illegally stored, transported or disposed
solid waste, the owner of the property on which the solid waste is discovered
shall be responsible for the safe and legal handling and disposal.
Upon written application by the applicant or operator, the Solid Waste
Management Board may grant waivers from the provisions of this chapter in
order to promote the effective and reasonable application and enforcement
of the provisions of this chapter. If such waiver would result in noncompliance
with Department of Natural Resources rules, a variance application must be
approved by the Department of Natural Resources as well.
A.
A waiver may be granted by the Solid Waste Management
Board after a public hearing where the Solid Waste Management Board determines
that enforcement of this chapter would cause the applicant undue hardship
or that the chapter cannot be complied with due to technological impossibility
or economic unreasonableness, except that such waiver shall not result in
any greater release of toxic materials or pollutants than would have occurred
before the waiver was granted.
B.
Such a waiver shall not be granted for a period in excess
of two years but may be renewed upon reapplication and after a public hearing
is held.
C.
A waiver may be revoked prior to its expiration by the
Solid Waste Management Board at a public hearing.
D.
An application for a waiver shall be accompanied by a
plan and schedule for achieving compliance with this chapter.
E.
Prior to any public hearing held by the Solid Waste Management
Board under this provision, persons who may be adversely affected by the granting
of the proposed waiver shall be given at least 30 days' notice of said public
hearing. Publication of a notice of hearing in compliance with state laws
shall be considered adequate notice.
F.
An applicant for a waiver shall pay an application fee
set by the Solid Waste Management Board.
Solid waste management facilities in existence on the effective date
of the ordinance codified in this chapter shall conform to the provisions
of this chapter or terminate operations no later than 180 days from that date
unless a waiver application is submitted to the Solid Waste Management Board
within a one-hundred-eighty-day period following the effective date of the
ordinance codified in this chapter. If a waiver application is denied by the
Solid Waste Management Board, the operation must conform to the provisions
of this chapter or terminate operations within 60 days of the denial.
For the purpose of protecting the public health, safety and welfare,
the Solid Waste Management Board may impose additional requirements consistent
with the intent of this chapter for the operation of solid waste management
sites, facilities or activities.
A.
Provisions are cumulative. The provisions of this chapter
are cumulative limitations upon all other laws and ordinances heretofore passed
or which may be passed hereafter covering any subject matter of this chapter.
B.
No consent given to construct other than in compliance
with chapter. Nothing contained in this chapter shall be deemed to be a consent,
license or permit to locate, construct, operate or maintain any site, facility
or operation or to carry on any activity.
C.
Other ordinances and regulations. Nothing in this chapter
shall preclude any local unit of government from adopting regulations more
strict than this chapter.
A.
Violations.
(1)
Any person who violates or fails, neglects or refuses
to comply with the provisions of this chapter shall be guilty of an ordinance
violation and upon conviction thereof shall be sanctioned therefor as provided
by this section. A separate offense shall be deemed committed upon each separate
day during or on which a violation occurs or continues.
(2)
This chapter, in addition to other remedies, may be enforced
by injunction, action to compel performance or other appropriate action in
District Court to prevent, restrain, correct or abate violations.
B.
Penalties.
(1)
Any person that is found in violation of any provision
of this chapter shall be fined a minimum of $10 to a maximum of $2,000 per
violation or occurrence.
(2)
Any person that has a license to operate any solid waste
facility under terms of this chapter may have that license suspended or revoked
if found in violation of any part of this chapter. Any person who is in violation
of any part of this chapter shall not be issued any license or additional
license unless all previous violations have been remedied to the satisfaction
of the Solid Waste Management Board.
(3)
The Solid Waste Management Board may, at its discretion,
revoke the license of any solid waste operator or facility which repeatedly
violates this chapter. Three or more violations of a nature which would not
result in immediate suspension or revocation, at the discretion of the Solid
Waste Management Board, may be sufficient grounds for revoking a license for
any solid waste management facility or activity.