Chapter 8.65


8.65.010    Purpose.

8.65.020    Definitions.

8.65.030    Permit required.

8.65.040    Exceptions.

8.65.050    General regulations.

8.65.060    Application.

8.65.070    Public hearing.

8.65.080    Application fee and costs.

8.65.090    Plan of operation.

8.65.100    Bond and revocation of permit.

8.65.110    Issuance.

8.65.120    Revocation.

8.65.130    State law also applies.

8.65.140    References.

8.65.150    Severability and conflict.

8.65.160    Penalty.

8.65.170    Effective date.

8.65.180    Siting landfill or landfill expansion.

8.65.010 Purpose.

The purpose of this chapter is to regulate the disposal of waste, garbage, refuse, and sludge by individuals, corporations, and municipalities within the Town of East Troy. Because of the possible danger to health, safety, and welfare of the public, such disposal within the Town shall be permitted only under the terms and conditions of this chapter. (2008 code § 11.08(1))

8.65.020 Definitions.

“Disposal” includes, but is not limited to, unloading, throwing away, discarding, emptying, abandoning, discharging, burning, or burying waste, garbage or refuse on, into, or under any property or lands whether publicly or privately owned within the Town of East Troy.

“Garbage” is discarded material resulting from the handling, processing, storage, preparation, serving, and consumption of food.

“Municipality” is any city, village, town or county.

“Refuse” is 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.

“Sludge” is sewage treatment residue in any form whatsoever, whether solid, semisolid, or liquid, that has been processed or treated in any way, form, or manner. It does not include septage to be spread on land as defined and regulated by Wis. Stat. § 281.48.

“Waste” is 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. (Ord. 2011-7 § 1. 2008 code § 11.08(2))

8.65.030 Permit required.

Except as expressly permitted in ETMC 8.65.040, no person, corporation, or municipality shall dispose of waste, garbage or refuse within the Town of East Troy unless a permit to engage in such dumping or disposal is first obtained from the Town under the conditions prescribed herein. Sludge permits shall be obtained under Chapter 13.20 ETMC. (2008 code § 11.08(3))

8.65.040 Exceptions.

The following are not within the scope or meaning of this chapter:

1.    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.

2.    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 sewerage system located within the Town.

3.    A farm on which only animal waste resulting from the operation of the farm is disposed of.

4.    Any waste disposal operation under the direction and control of the Town. (2008 code § 11.08(4))

8.65.050 General regulations.

Persons or municipalities permitted to engage in disposal operations in the Town are subject to the following regulations:

1.    The disposal operations must be conducted in such a way as not to constitute a public or private nuisance.

2.    The disposal operations are permitted only in the agriculturally or industrially zoned areas as set forth in the official zoning map of the Town. Disposal operations involving in excess of 1,000 cubic yards of waste per year shall be permitted only on lands zoned M-4.

3.    Persons or municipalities engaged in dumping or 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.

4.    A daily 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 12 hours, 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 substantially to depreciate property values within the immediate area unless property owners have been previously compensated for the loss or to interfere with their use and enjoyment. (2008 code § 11.08(5))

8.65.060 Application.

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:

1.    Name, address, and telephone number of the applicant.

2.    Location, current owners, and legal description of the site of the proposed facility.

3.    Names, addresses, and telephone numbers of any persons who will represent the applicant.

4.    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 U.S. EPA, that are related to the proposed facility.

5.    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.

6.    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.

7.    Proposed traffic patterns to and from the proposed facility and for roadway usage for access to the site.

8.    Copies of current financial statements or other financial information sufficient to establish that the applicant can meet all current and future financial obligations as established by this chapter. (2008 code § 11.08(6))

8.65.070 Public hearing.

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 on the Town and its residents.

3.    The probability of reasonable compliance by the applicant with the general regulations of this chapter. The hearing will be of an informational nature for the Town Board. The hearing will be held under the following conditions:

a.    Class 3 notice as prescribed by statute will be given.

b.    The cost of publication of such notice will be deposited in advance by the applicant.

c.    The hearing will be held on the date specified in the notice or on any adjourned date. Such hearing may be continued if additional information is required by the Town Board. (2008 code § 11.08(7))

8.65.080 Application fee and costs.

An applicant for a permit for a solid waste facility shall be filed with the Town Clerk in writing. The initial application fee of $20,000 shall accompany the application unless waived or received 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 attorney’s fees and expert’s fees related to the application process. The total application fees for any application, both initial and subsequent, shall not exceed $50,000, or 25 percent of the projected gross revenues of the proposed disposal operation, whichever is greater. (Ord. 2011-7 § 2. 2008 code § 11.08(8))

8.65.090 Plan of operation.

In the event that a plan of operation is required to be submitted to the state of Wisconsin or any of its agencies pertaining to the operation of a landfill site, an application shall be filed with the Town Clerk for approval of such a plan of operation. The application in hearing process shall be the same as set forth under ETMC 8.65.060 and 8.65.070. Application fee for approval of a plan of operation shall be $10,000 and shall accompany the application unless waived or reduced by the Town Board. The other financial requirements of ETMC 8.65.080 shall apply to the plan of operation approval. (2008 code § 11.08(9))

8.65.100 Bond and revocation of permit.

A permit under this chapter 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 of $100,000. The bond is to assure that the applicant will comply with all the provisions of this chapter and will save harmless, indemnify, and defend the Town, its officer, its representatives, and its agents from any expenses or costs incurred through action of the application with regard to the facility.

A permit under this chapter shall also require that, upon approval, a $1,000,000 closure bond be filed with the Town Clerk to insure that any environmental mishap and all closure requirements are dealt with as provided for elsewhere in this chapter, including cleanup of any such mishaps and completion of all post-closure requirements.

If the chapter is violated or if the disposal 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.

Notwithstanding the foregoing, no landfill may be located within five miles of a landfill site that is contaminating or has contaminated groundwater within the last 20 years. It is the intention of this chapter to prohibit contamination of local groundwater aquifers from multiple sources and to maintain the ability to separate the sources of such contamination and to assist in imposing liability for responsible parties therefor.

The applicant for a disposal 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 plan if the owner or occupant of the land fails to do so after reasonable notice is given. (2008 code § 11.08(10))

8.65.110 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 chapter. (2008 code § 11.08(11))

8.65.120 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 chapter are violated. (2008 code § 11.08(12))

8.65.130 State law also applies.

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 chapter. (2008 code § 11.08(13))

8.65.140 References.

References 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. (2008 code § 11.08(14))

8.65.150 Severability and conflict.

If any section, subsection, sentence, clause, phrase, or word of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions. (2008 code § 11.08(15))

8.65.160 Penalty.

Any person violating this chapter shall be fined not less than $50.00 nor more than $500.00 for each offense. Each day of violation shall constitute a separate offense under this chapter. (2008 code § 11.08(16))

8.65.170 Effective date.

This chapter shall take effect the day after proof of posting and publication has been filed and recorded with the Town Clerk. If an application for a landfill is made within 18 months of the effective date of this chapter, the original ordinance that this chapter replaces shall apply so as to qualify as a local approval under Wis. Stat. Ch. 289. (Ord. 2011-7 § 3. 2008 code § 11.08(17))

8.65.180 Siting landfill or landfill expansion.

Any person desiring to negotiate with the Town of East Troy for the purpose of siting a landfill or landfill expansion under Wis. Stat. § 289.33 shall comply with this chapter. In addition, the applicant shall:

1.    Post a $20,000 fee with the Town of East Troy which shall be set aside for negotiating expenses of the negotiating committee, said sum to be separate from and in addition to, the permit fees required under ETMC 8.65.080.

2.    Execute an agreement to indemnify, hold harmless, and defend the Town of East Troy, its agents and employees, as well as the negotiating committee from any and all liability in any way related to the proposed solid waste disposal facility or the review or negotiation thereof.

3.    Supply sufficient sureties, bonds, or proof of insurance in an amount of no less than $3,000,000 in a form acceptable to the Town Attorney to establish the financial viability of the applicant to construct and operate the site, as well as undertake its responsibilities set forth in ETMC 8.65.090 and 8.65.130.

4.    Provide an environmental assessment of the proposed solid waste disposal facility or any expansion thereof demonstrating that the same will not have any substantial impact on the environment, local property values, or any adverse impact on any resident residing within one mile of the proposed facility. (Ord. 2011-7 § 3. 2008 code § 11.08(18))