(A) Waste permit; coverage. Every person, pursuant to Wis. Stats. Chapters 61, 146, 160, 281, 287 and 823 and this chapter, who with no exceptions and exemptions herein noted, collects, stores, treats or recycles solid waste or hazardous waste in the village, shall seek and obtain an appropriate waste management permit from the village prior to collecting, transporting, disposing, storing, treating or recycling any solid waste or hazardous waste in the village. The permits under this chapter shall be issued by the Village Board of the village unless specifically noted to the contrary.
(1) The Village Board has established separate permits as follows:
(a) Waste collection permit fee; and
(b) Charitable organization permit.
(2) The Village Board has approved all of the above-noted required permits and the fees for each permit. The application for a permit shall be processed by the village within 30 days of the receipt of a complete and proper application form.
(3) Waste management permits shall be issued on an annual basis unless a special monthly or weekly permit is authorized by the Village Board. The appropriate waste management permit or permits shall be issued by the Village Clerk prior to any person collecting, transporting, disposing, storing or treating solid waste or hazardous waste or recyclables in the village. No permit shall be issued by the Village Clerk of the village without Village Board approval, except (list): charitable organization permit.
(4) The Village Board shall not approve any permits unless the Village Board is fully satisfied the applicant has been and will remain in reasonable compliance with the conditions of this chapter, with the permit and with any conditions established by the Village Board in the permit.
(B) Application/permit. The application and the permit shall designate the premises and areas in the village wherein the person requests the permitted use, activity or operation. The application and the permit shall describe the permitted waste use, waste activity or waste operation. The permit or conditions to the permit may not be amended if the person desires to change the designated premises or area, nor may it be transferred from one person to another. The application shall, at a minimum, include:
(1) The name of the applicant;
(2) The address of the applicant;
(3) The business and residential telephone numbers of the applicant, if any;
(4) The type of permit requested, the application fee required, if any, and the bond required, if any;
(5) The application date;
(6) The general dates requested for hearing and for the issuance of any permit;
(7) The age of the applicant, if applicable;
(8) The agent of the applicant, if any;
(9) The designated premises or area in the village for waste use, waste activity or waste operation, including legal description and current zoning, if any;
(10) The proposed plans of operation for the activity or operation, including plans for construction, operation, maintenance, closure and long-term care;
(11) The type and amount of equipment to be used in the operation or activity;
(12) The proposed plans for public nuisance control and environmental protection;
(13) The likely routes of travel and hours of travel in the village for waste use, waste activity or waste operation; and
(14) The past experience of the applicant in the use, activity or operation for which the permit is requested.
(C) Condition of permit. As a condition of any permit issued, the permittee agrees to make quarterly reports to the village or its designee showing the amount of recyclables and solid waste collected by the permittee, the source of the recyclables and solid waste, the ultimate disposal site and/or the ultimate recycling center. The permittee shall furnish such additional statistics as may be reasonably required to enable the village to apply for recycling grants and to make other reports as may be required by the State Department of Natural Resources.
(D) Report forms. All reports shall be made on report forms provided by the village and shall be reported on a quarterly basis unless waived or otherwise required by the village.
(E) Exemptions.
(1) This chapter shall not apply to or govern animal waste transportation, animal waste disposal, animal waste storage, animal waste treatment or animal waste landspreading by any person wherein the animal waste is a byproduct from an agricultural operation in the village and wherein the animal waste is transported to or disposed, stored, treated or landspread by the person on land that the person or members of his or her family owns, occupies or leases within the village.
(2) This chapter shall not apply to or govern the waste facilities operated and maintained as sanitary privies, seepage beds or septic tanks which conform to any applicable ordinance in the village, and shall not apply to or govern the disposal site, storage or treatment of human waste products into any public domestic sewage system located in the village nor the landspreading of human waste in the village.
(3) This chapter shall not apply to or govern facilities used for the landspreading of non-hazardous solid waste from a residential facility or agricultural operations where the owner, occupant or lessee of the land also owns, occupies or leases the land used for solid waste disposal.
(4) This chapter shall not apply to or govern waste facilities receiving only sludge from a publicly owned treatment works or a privately owned domestic sewage treatment works having a permit under Wis. Stats. Chapter 283, provided the sludge disposal is accomplished in accordance with the requirements of the permit.
(5) This chapter shall not apply to or govern waste facilities used exclusively for the disposal of waste regulated under applicable state law.
(6) This chapter shall not apply to or govern waste facilities used for disposal of treated liquid municipal or industrial waste approved under Wis. Stats. § 281.41 or permitted under Wis. Stats. Chapter 147.
(7) This chapter shall not apply to or govern waste facilities used for the landspreading of whey.
(8) This chapter shall not apply to or govern waste facilities used for the landspreading of vegetable waste from canned, frozen or preserved fruit and vegetable processing operations. Waste facilities operated and maintained as pit silos that are used for storage of byproducts from fruit, vegetables or grain processing operations where such byproducts are to be used for animal feed are exempt from this chapter.
(9) This chapter shall not apply to or govern facilities used for landspreading of composting leaves, grass, brush and other similar vegetable matter. Waste facilities for high volume industrial waste or wood residue where the waste is stored at the point of generation for less than 72 hours prior to being transported for disposal or beneficial re-use and the waste facility is operated and maintained in an environmentally sound and nuisance manner are exempt from this chapter.
(10) This chapter shall not apply to or govern waste facilities operated and maintained as demolition waste disposal facilities having a design capacity of less than 50,000 cubic yards. Waste facilities operated and maintained as auto junk yards or as scrap metal salvage yards are exempt from this chapter if the only product recycled at these facilities is scrap iron, steel or non-ferrous metal.
(11) This chapter shall not apply to or govern abandoned and closed waste facilities.
(12) List other exemptions: .
(F) Ordinance/permits.
(1) The persons subject to this chapter shall comply with Wis. Stats. Chapters 61, 66, 146, 160, 287 and 823, and this chapter.
(2) The Village Clerk shall provide copies of this chapter at no cost to any applicant requesting a copy under this chapter.
(3) The applicant and the persons subject to this chapter shall comply as follows.
(a) No person shall be issued or reissued a waste management permit until the appropriate application fees has been paid to the Village Clerk and the appropriate bond, if any, has been received by the Village Clerk. The Village Board shall establish the application permit fees and bonds by November 15.
(b) No person shall be issued or reissued a waste management permit who has failed to properly and fully complete and submit to the Village Clerk of the village the application form developed and provided by the village, including the appropriate application permit fee and bond.
(c) No person shall be issued or reissued a waste management permit if the applicant or permittee:
1. Fails to specifically agree in writing to the conditions established by the Village Board in the permit or fails to comply with any written agreement or conditions in the permit;
2. Fails to specifically agree in writing to specific conditions established by the Village Board in the permit to require applicant to correct malfunctions or public nuisance at the waste facility or in the waste use, waste activity or waste operations in a timely manner upon notice by the Village Board or fails to comply with any written agreement or conditions in the permit;
3. Fails to specifically agree in writing to specific conditions established by the Village Board in the permit to have the applicant provide reasonable physical access to the waste facility in the village for inspection purposes to the Village Board and its designees or fails to comply with any written agreement or conditions in the permit;
4. Fails to specifically agree in writing to specific conditions established by the Village Board in the permit to have the applicant provide in a timely manner reasonable financial records regarding the waste facility operations or the transportation operations in the village or fails to comply with any agreement or conditions in the permit; or
5. Fails to specifically agree in writing to specific conditions established by the Village Board in the permit to have the applicant provide in a timely manner reasonable records regarding source, amount and type of waste involved with the waste facility operations in the village or fails to comply with any written agreement or conditions in the permit.
(G) Other provisions; restrictions on garbage from outside of the village. No person, firm, corporation or agent thereof who or which is not a resident or domiciled within the village shall bring garbage, lawn refuse, household rubbish or commercial waste from outside the village limits into the village for the purpose of having the village collect said garbage, lawn refuse, household rubbish or commercial wastes. Such person, firm, corporation or agent thereof shall be subject to forfeiture not to exceed $250 for each offense. Each instance shall constitute a separate offense. In addition, the Village Board may suspend garbage collection service for any person, firm, corporation or agent thereof who or which resides or is domiciled within the village and who or which allows, assists or abets collection of garbage, lawn refuse, household rubbish or commercial waste which was brought in from outside the village limits of the village for a period of 30 days. The Village Board shall have the authority to suspend garbage collection services for a period longer than 30 days if it is necessary to assure the Village Board that the situation has been corrected or that it will not occur again.
(Prior Code, § 7.01(4)) (Ord. passed 3-11-2009) Penalty, see § 50.99