a. Installation and maintenance of fences on the premises.
b. Provision and maintenance of adequate fire safety equipment on the premises.
c. Removal or draining of all vehicle tanks and engines on the premises.
d. Installation and maintenance of adequate sanitary facilities on the premises.
e. Operational hours at the premises.
f. Installation and maintenance of adequate and necessary physical structures and equipment and provision of necessary personnel.
g. Rules and safeguards to prevent public nuisances and to protect the public health and safety of persons residing near the premises or persons entering the premises, including public nuisances at the premises associated with noise, dust, odors, fires, explosions, water pollution, air pollution, and erosion.
h. Prohibition of open fires or open burning of solid waste at the premises.
i. Prohibition of any hazardous waste being stored, kept, or disposed of at the premises.
j. Installation and maintenance of adequate landscaping upon and surrounding the premises.
k. Provision and maintenance of adequate security and operational personnel to prevent trespassing onto the premises.
L. The number of junked vehicles and junked vehicle parts authorized to be kept on the premises.
m. Installation and maintenance of adequate physical structures and operational controls to prevent trespassing, littering, and private nuisances on private and public lands adjacent to the premises.
n. An other condition determined by the town board to be necessary and appropriate.
C. The applicant and any other person subject to this ordinance are subject to all of the following:
1. No person shall be issued or reissued a junked vehicle permit in the town until the appropriate application fee has been paid to the town clerk.
2. No person shall be issued or reissued a permit in the town who has failed to properly and fully complete and submit to the town clerk the application form as developed and provided by the town.
3. No person shall be issued or reissued a junked vehicle permit, and a permittee may have the permit revoked after a public hearing by the town board, if the applicant for the junked vehicle permit or permittee has done any of the following:
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.
