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:
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.
Discarded material resulting from the handling, processing, storage,
preparation, serving and consumption of food.
Any city, village, town or county.
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.
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.
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.
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.
