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.
