a. Violated any condition stated in the junked vehicle permit.
b. Failed to comply, as determined by the town board, with any town or county zoning ordinances.
c. Failed to allow physical access to the premises by the town board or its designee for inspection purposes upon _____ hours' notice to the applicant or permittee.
SECTION IX – PENALTY PROVISION
Any person, partnership, corporation, or other legal entity that fails to comply with the provisions of this ordinance shall, upon conviction, pay a forfeiture of not less than $_____ nor more than $_____, plus the applicable surcharges, assessments, and costs for each violation. Each day a violation exists or continues constitutes a separate offense under this ordinance. In addition, the town board may seek injunctive relief from a court of record to enjoin further violations.
SECTION X – SEVERABILITY
If any provision of this ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
SECTION XI – EFFECTIVE DATE
This ordinance is effective on publication or posting.
The town clerk shall properly post or publish this ordinance as required under
s. 60.80, Wis. stats.
Adopted this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
Note: This form is complementary to the following form and it is suggested that towns adopt both:
Note: For instructions for procedures under
ch. 196, Wis. stats., contact the Public Service Commission, North Tower, 6th Floor, Hill Farms State Office Building, 4822 Madison Yards Way, Madison, Wis., 53705-9100.
STATE OF WISCONSIN
Town of ________
________ County
To ________ ________ [owner or occupant]:
Whereas, the following described human health hazard under
s. 254.01 (2), Wis. stats., has been found on [describe the premises], [owned or occupied] by you: [specifically describe the human health hazard];
You are hereby ordered to [abate or remove] the human health hazard within 30 days after your receipt of this notice.
If the human health hazard is not abated or removed by 30 days after your receipt of this notice, the local health officer will immediately enter upon the property and abate or remove the human health hazard, in a manner approved by the local health officer, or may contract to have the work performed. The cost of the abatement or removal may be recovered from the person permitting the human health hazard or may be paid by the municipal treasurer and the account, after being paid by the treasurer, will be filed with the municipal clerk, who will enter the amount chargeable to the property in the next tax roll as a special tax on the lands upon which the human health hazard was located, and the tax will be collected as are other taxes. A person maintaining a human health hazard may also be fined not more than $300 or imprisoned for not more than 90 days or both.
Dated this ______ day of ________, 20__.
[Signature of local health officer or chairperson of the local board of health]
Note: Notice to be given to owners and occupants by registered mail with return receipt requested.
Note: Information on recycling generally can be accessed on the Department of Natural Resources website at the following address:
STATE OF WISCONSIN
Town of ________
________ County
SECTION I – TITLE AND PURPOSE
The title of this ordinance is the Town of ________ Waste Treatment, Disposal, and Storage Ordinance. The purpose of this ordinance is for the town to regulate by permit and penalty the construction, maintenance, operation, closure, and long-term care of certain waste treatment, disposal, and storage facilities or sites in the town.
SECTION II – AUTHORITY
The Town Board of the Town of ________, ________ County, Wisconsin, has the specific authority under
s. 289.22, Wis. stats., and general authority under its village powers under
s. 60.22, Wis. stats., to adopt this ordinance.
SECTION III – ADOPTION OF ORDINANCE
This ordinance, adopted by a majority of the town board on a roll call vote with a quorum present and voting and proper notice having been given, provides for the regulation by permit of the construction, maintenance, operation, closure, and long-term care of certain waste treatment, disposal, and storage facilities or sites in the town.
SECTION IV – DEFINITIONS
In this ordinance:
A.
“Hazardous waste” means any solid waste identified by the State of Wisconsin, Department of Natural Resources as hazardous under
s. 291.05 (1),
(2), or
(4), Wis. stats.
B. “Hazardous waste facility” means a site or structure for the treatment, storage, or disposal of hazardous waste and includes all of the contiguous property under common ownership or control surrounding the site or structure.
C.
“Solid waste” means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded or salvageable materials, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solids or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permits under
chapter 283, Wis. stats., or source material as defined in
s. 254.31 (1), Wis. stats., special nuclear material as defined in
s. 254.31 (11), Wis. stats., or by-product material as defined in
s. 254.31 (1), Wis. stats.
E. “Solid waste disposal” means the discharge, deposit, injection, dumping, or placing of any solid waste into or on any land or water. “Solid waste disposal” does not include the transportation, storage, or treatment of solid waste.
D. “Solid waste facility” means a facility for solid waste treatment, solid waste storage, or solid waste disposal, and includes commercial, industrial, municipal, state, and federal establishments or operations such as, without limitation because of enumeration, sanitary landfills, dumps, land disposal sites, incinerators, transfer stations, storage facilities, collection and transportation services, and processing treatment and recovery facilities. “Solid waste facility” includes the land where the facility is located. “Solid waste facility” does not include any of the following:
1. A facility for the processing of scrap iron, steel, or nonferrous metal using large machines to produce a principal product of scrap metal for sale or use for remelting purposes.
2. A facility that uses large machines to sort, grade, compact, or bale clean wastepaper, fibers, or plastics, not mixed with other solid waste, for sale or use for recycling purposes.
3. An auto junkyard or scrap metal salvage yard.
4. Any facility exempt from town regulation by state law or regulation, including certain demolition facilities.
F. “Solid waste storage” means the holding of solid waste for a temporary period, at the end of which period the solid waste is to be treated or disposed.
G. “Solid waste treatment” means any method, technique, or process that is designated to change the physical, chemical, or biological character or composition of solid waste, including incineration.
H. “Town” means the Town of ________, ________, County, Wisconsin.
I. “Town board” means the board of supervisors for the Town of ________, ________ County, Wisconsin, and includes designees of the board authorized to act for the board.
J. “Town clerk” means the clerk of the Town of ________, ________ County, Wisconsin.
K. “Wis. stats.” means the Wisconsin Statutes, including successor provisions to cited statutes.
SECTION V - SUBDIVISION AND NUMBERING OF THIS ORDINANCE
This ordinance is divided into sections designated by uppercase Roman numerals. Sections may be divided into subsections designated by uppercase letters. Subsections may be divided into paragraphs designated by numbers. Paragraphs may be divided into subdivisions designated by lowercase letters. Subdivisions may be divided into subdivision paragraphs designated by lowercase Roman numerals. Reference to a “section,” “subsection,” “paragraph,” or “subdivision” includes all divisions of the referenced section, subsection, paragraph, or subdivision.
SECTION VI – COVERAGE
A. No person may construct, operate, maintain, close, or provide long-term care of any solid waste facility or hazardous waste facility in the town without a permit issued by the town board under this ordinance.
B.
The permit under this ordinance shall be considered a local approval, as defined in
s. 289.33 (3) (d), Wis. stats., subject to the requirements of
s. 289.22, Wis. stats.
C. The permit application fees shall be established annually by resolution of the town board. The permit shall be issued by the town board or its designees prior to any person commencing any form of construction, operation, maintenance, closure, or long-term care of any facility or site in the town that is subject to this ordinance.
SECTION VII – APPLICATION/PERMIT
The application for the town permit under this ordinance shall designate the legal premises to be used by the permitted person for the proposed use, site, or facility. The permit may not be amended if the person changes premises in the town. The permit is not transferable from one person to another. The application for the permit shall, at minimum, contain all of the following:
A. The name of the applicant and the name of any agent for the applicant.
B. The address of the applicant.
C. The address and legal description of the premises for the facility or site and the current owner of the premises.
D. The age of the applicant, if a natural person not over the age of 18 years.
E. The type and use of the facility or site to be constructed, operated, maintained, closed, or provided long-term care at the premises.
F. The length of time in years for construction of the facility, if applicable.
G. All local approvals, licenses, or permits necessary for the applicant to obtain for the facility prior to any construction, maintenance, operation, closure, or long-term care.
H. All federal or state approvals, licenses, or permits necessary for the applicant to obtain for the facility prior to construction, maintenance, operation, closure, or long-term care.
I. The proposed length in years of operational time for actual disposal, treatment, or storage operations at the facility.
J. The current and proposed zoning and land use plan for the facility premises, if any.
K. The projected amount, type, and source of solid waste or recyclable material to be disposed, stored, or treated at the facility on an annual basis.
L. The projected type, source, and amount of hazardous or toxic waste to be stored, treated, or disposed at the facility on an annual basis.
M. Copies of all feasibility reports and plan of operations submitted or to be submitted to the State of Wisconsin, Department of Natural Resources.
N. The financial security projected to be provided by the applicant to insure compliance with the permits as issued and with any other approvals.
O. Any public nuisance or threats to the public health or safety known by the applicant that are located at or near the proposed or current waste location.
P. Any other information regarding the construction, operation, closure, or long-term care of the facility requested by the town in the application form.
SECTION VIII – EXEMPTIONS
All of the following facilities, sites, or uses in the town are exempt from this ordinance:
A.
A facility or site under
s. 289.43 (5), Wis. stats., used for the collection of recyclable material or for the dumping for disposal of waste, including garbage or refuse, on the property where it is generated from a single family or household in the town, a member of which is the owner, occupant, or lessee of the property; provided that any such waste, garbage, refuse, or recyclable material to be disposed or collected in the town is placed in a suitable dumpster or container, or is stored in another way as not to cause a public or private nuisance.
B. The use of sanitary privies and what are commonly known as seepage beds, holding tanks, or septic tanks that conform to applicable ordinances in the town.
C. The discharge of human waste products into any public sewerage system located within the town, or of the landspreading of human waste products on lands in the town.
D. A farm facility on which only animal waste, resulting from the operation of that farm, is disposed at the facility.
E. Any dumping or disposal operation, any storage, treatment, dump, or disposal site, or any recyclable material facility directly under the direction and control of the town.
F. Any existing waste facility or site operating upon the effective date of the ordinance with the current waste uses or activities at the facility or site that may or may not be subject to any preexisting town ordinance. Any new waste, storage, disposal, or treatment uses or activities after the effective date of this ordinance, or any expansion of the capacity of the facility or site after the effective date of this ordinance, shall be subject to this ordinance.
G.
Any demolition or other waste facility, including any landspreading of wood, ash, or sludge site exempt under
s. 289.43, Wis. stats.
H.
Any alcohol fuel production system exempt under
s. 289.44, Wis. stats.
I.
Any fruit and vegetable waste facility exempt under
s. 289.445, Wis. stats.
