A. 
The purpose of this article is to regulate the transporting of waste, garbage, refuse and sludge for disposal purposes by individuals, corporations and municipalities within the Town of Trenton. Because of the possible danger to the health, safety and welfare of the public, such disposal within the Town shall be permitted only under the terms and conditions of this article.
B. 
It shall be unlawful for any person, firm, corporation, or municipality to transport any garbage, rubbish, sewage or other refuse into or within the Town of Trenton for the purpose of dumping or otherwise disposing of the same until such person, firm, corporation, or municipality has first secured a permit to do so from the Town Board.
The following definitions shall be applicable in this article:
DISPOSAL
Includes, but is not limited to, unloading, throwing away, discarding, emptying, abandoning, blending with other waste, discharging, burning or burying waste, garbage, refuse or sludge on, into or under any property or lands, whether publicly or privately owned, within the Town of Trenton.
GARBAGE
Discarded material resulting from the handling, processing, storage, preparation, serving and consumption of food.
MUNICIPALITY
Any city, village, town or county.
REFUSE
Combustible and noncombustible discarded material, including but not limited to trash, rubbish, paper, wood, metal, glass, plastic, rubber, cloth, ashes, litter and street rubbish, industrial waste, dead animals, mine tailings, gravel pit and quarry spoils and material and debris resulting from construction or demolition, or as defined in Chs. NR 500 to NR 690, Wis. Adm. Code.
SLUDGE
Sewage treatment residue in any form whatsoever, whether solid, semisolid or liquid, that has been processed or treated in any way, form or manner, or as defined in Chs. NR 500 to NR 690, Wis. Adm. Code. It does not include septage to be spread on land as defined and regulated by § 281.48, Wis. Stats.
WASTE
Garbage, refuse and all other discarded or salvageable material, including materials resulting from industrial, commercial and agricultural operations and from domestic use and public service activities, or as defined in Chs. NR 500 to NR 690, Wis. Adm. Code.
Except as expressly permitted in § 338-13, no person, corporation or municipality shall transport waste, garbage, refuse or sludge for disposal purposes within the Town of Trenton unless a permit to engage in such activity is first obtained from the Town under the conditions prescribed herein.
The following are not within the scope or meaning of this article:
A. 
Sites used for the disposal of waste, garbage or refuse from a single family or household, a member of which is the owner, occupant or lessee of the property; provided, however, that such waste, garbage or refuse is placed in suitable containers or stored in such other way as not to cause a public or private nuisance.
B. 
The use of sanitary privies and what are commonly known as "seepage beds" or "septic tanks" which conform to applicable ordinances of the Town or the discharge of human waste products into any public sewage system located within the Town.
C. 
A farm on which only animal waste resulting from the operation of the farm is disposed of.
D. 
Any waste disposal operation under the direction and control of the Town.
Persons or municipalities permitted to engage in transporting of restricted waste and refuse for disposal purposes in the Town of Trenton are subject to the following regulations:
A. 
The transportation and disposal operations must be conducted in such a way as not to constitute a public or private nuisance.
B. 
The transportation and disposal operations are permitted only in the agriculturally or industrially zoned areas as set forth in the Official Zoning Map of the Town.
C. 
Persons or municipalities engaged in transportation and disposal operations must conduct the operations in such a way that dust, dirt, debris or other materials or substances will not be carried by wind or water across the boundary of the parcel of land being used for the operations.
D. 
A covering which meets standards established by the Wisconsin Department of Natural Resources shall be placed over all of the area used for the disposal operation within a reasonable time, not to exceed 10 days, after the disposal occurs. The covering must be done so as to make the area covered compatible with the surrounding and adjacent property in such a way as not to substantially depreciate property values within the immediate area unless property owners have been previously compensated for the loss.
An application shall be filed with the Town Clerk at least 30 days before a public hearing is held. The application and accompanying information shall be followed by a sworn statement that they are true and factual. The information to be provided shall include:
A. 
Name, address and telephone number of the applicant.
B. 
Location, current owners and legal description of the site of the proposed facility.
C. 
Names, addresses and telephone numbers of any persons who will represent the applicant.
D. 
Copies of available site reports, feasibility reports, engineering plans or other documents filed or to be filed with the Department of Natural Resources or the United States Environmental Protection Agency that are related to the proposed facility.
E. 
A plan for construction, operation, maintenance, closure and long-term care of the proposed facility that describes the size, capacity and other features of the site and its proposed future.
F. 
A plan for financial, legal and environmental protection of the Town government, its employees and agents and for current and future residents living within one mile of the facility.
G. 
Proposed traffic patterns to and from the proposed facility and for roadway usage for access to the site.
H. 
Copies of current financial statements or other financial information.
A. 
A public hearing will be held at which the Town Board will invite all interested parties from the Town and the applicant to provide information as to:
(1) 
The need for the permit;
(2) 
Positive and negative potential effects of the proposed facility or transportation operation on the Town and its residents; and
(3) 
The probability of reasonable compliance by the applicant with the general regulations of this article.
B. 
The hearing will be of an informational nature of the Town Board. The hearing will be held under the following conditions:
(1) 
A Class 3 notice as prescribed by statute will be given.
(2) 
The cost of publication of such notice will be deposited in advance by the applicant.
(3) 
The hearing will be held on the date specified in the notice or on any adjourned date.
An application for a permit for a solid waste transportation or disposal facility shall be filed with the Town Clerk in writing. The initial application fee as shown in the schedule of deposits, bonds and fees shall accompany the application, unless waived or reduced by the Town Board. In addition, the Town Board may charge the applicant an additional fee to reimburse the Town for appropriate and necessary costs and expenses incurred by the Town for attorneys' fees and experts' fees related to the application process. The total application fees, both initial and subsequent, shall not exceed $20,000 for any application.
A. 
Bond.
(1) 
A permit under this article shall not be effective unless there is on file with the Town Clerk a cash bond or a bond with a corporate surety duly licensed in the State of Wisconsin in the penal amount as shown in the schedule of deposits, bonds and fees. The bond is to assure that the applicant will comply with all the provisions of this article and will save harmless, indemnify and defend the Town, its officers, its representatives and its agents from any expenses or costs incurred through action of the applicant with regard to the facility.
(2) 
If any provision of this article is in violation or if the disposal or transportation plan is not carried out, the Town shall have the right to revoke the disposal permit after a public hearing and, if necessary, to obtain a court order terminating such operation. If the owner of the land does not cover the disposal area in accordance with the disposal plan, the Town Board shall have the right to correct the violation and to charge the expense against the bond.
B. 
Inspections. The applicant for a disposal or transportation permit, in making the application, grants to the Town the right to go on the land for necessary inspections at any time and to carry out the disposal or transportation plan if the owner or occupant of the land fails to do so after reasonable notice is given.
C. 
Issuance. The application for a permit shall be processed within 90 days of the receipt of a completed application accompanied by full documentation and required bond. It shall be issued if the Town Board is satisfied that there has been and will be reasonable compliance with the conditions of this article.
D. 
Revocation. The permit, once issued, may be revoked after public hearing upon a published Class 1 notice by the Town at any time if any of the conditions upon which it was issued or any terms of this article are violated.
Nothing contained herein shall be deemed to limit or restrict the application of any state law or administrative regulation of any state agency regulating the subject of this article.
References within this article to the term "person," "anyone," or like references shall be deemed to refer to a person, a sole proprietorship, a partnership, a corporation, a municipal corporation and also a responsible member or a responsible officer or a responsible managing agent of any single proprietorship, partnership or corporation unless the context clearly indicates otherwise.