TOWN OF
BARNES
ORDINANCE
CHAPTER 12 SECTION 12-5
Hazardous
Waste Ordinance
SECTION
I – TITLE/PURPOSE
The
title of this ordinance is the Town of Barnes Waste Treatment, Disposal, and
Storage Ordinance. The purpose of this ordinance is for the Town of Barnes 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 of Barnes.
SECTION
II – AUTHORITY
The
town board of the Town of Barnes has the specific authority under s. 289.22,
Wis. stats., and the general authority under its village powers to adopt this
ordinance.
SECTION
III – ADOPTION OF ORDINANCE
The
town board of the Town of Barnes, by this ordinance, adopted on proper notice
with a quorum and by a roll call vote by a majority of the town board present
and voting, provides the authority for the Town of Barnes to regulate and
permit the construction, maintenance, operation, closure, and long-term care of
certain waste treatment, disposal, and storage facilities or sites in the Town
of Barnes.
SECTION
IV – DEFINITIONS
In
this ordinance, the following definitions shall apply:
A.
“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 ch.
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.
B.
“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 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 re-melting purposes. Solid waste facility does not include 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. Solid waste facility does not include an auto junkyard or scrap metal
salvage yard. Solid waste facility does not include any facility exempt from
Town regulation by State low or regulation, including certain demolition
facilities.
C.
“Solid waste disposal”
means the discharge, deposit, injection, dumping, or placing of any solid waste
into or on any land or water. This term does not include the transportation,
storage, or treatment of solid waste.
D.
“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.
E.
“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.
F.
“Hazardous waste” means
any solid waste identified by the state Department of Natural Resources as
hazardous under s. 291.05 (1), (2), or (4), Wis. stats.
G.
“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.
H.
“Town” means the Town of
Barnes, Bayfield, County, Wisconsin.
I.
“Town board” means the
board of supervisors for the Town of Barnes, Bayfield County, Wisconsin and
includes designees of the board authorized to act for the board.
J.
“Town clerk” means the
clerk of the Town of Barnes, Bayfield County, Wisconsin.
K.
“Wis. stats.” means the
Wisconsin Statutes, including successor provisions to cited statutes.
SECTION
V – 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
VI – 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 the premises in
the town. The permit is not transferable from one person to another. The
application for the permit shall, at minimum, contain the following:
1.
The name of the
applicant and the name of the agent for the applicant, if any.
2.
The address of the
applicant.
3.
The address and legal
description of the premise for the facility or site and the current owner of
the premises.
4.
The age of the
applicant, if a natural person not over the age of 18 years.
5.
The type and use of the
facility or site to be constructed, operated, maintained, closed, or provided
long-term care at the premises.
6.
The length of time in
years for construction of the facility, if applicable.
7.
All local approvals,
licenses, or permits necessary for the applicant to obtain for the facility
prior to any construction, maintenance, operation, closure, and long-term care.
8.
All federal or state
approvals, licenses, or permits necessary for the applicant to obtain for the
facility prior to construction, maintenance, operation, closure, and long-term
care.
9.
The proposed length in
years of operational time for actual disposal, treatment, or storage operations
at the facility.
10.
The current and proposed
zoning and land use plan for the facility premises, if any.
11.
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.
12.
The projected type, source,
and amount of hazardous or toxic waste to be stored, treated, or disposed at
the facility on an annual basis.
13.
Copies of all
feasibility reports and plan of operations submitted or to be submitted to the
state Department of Natural Resources.
14.
The financial security
projected to be provided by applicant to insure compliance with the permits as
issued and with any other approvals.
15.
Any public nuisance or
threats to the public health or safety known by applicant located at or near
the proposed or current waste location.
16.
Any other information
regarding the construction, operation, closure or long-term care of the
facility requested by the town in the application form.
SECTION
VII – EXEMPTIONS
All
of the following facilities, sites, or uses in the town are exempt from this
ordinance:
1.
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 an 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, holding tanks, or septic
tanks that conform to applicable ordinances in the county.
3.
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.
4.
A farm facility on which
only animal waste, resulting from the operation of that farm, is disposed at
the facility.
5.
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.
6.
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.
7.
Any demolition or other
waste facility, including any landspreading of wood, ash, or sludge site exempt
under s. 289.43, Wis. stats.
8.
Any alcohol fuel
production system exempt under s. 289.44, Wis. stats.
9.
Any fruit and vegetable
waste facility exempt under s. 289.445, Wis. stats.
10.
Any recyclable material
collection facility approved for collection or processing operations by the
County of Bayfield, the town, or any responsible unit under s. 287.09, Wis.
stats.
11.
Any solid waste facility
or hazardous waste facility or site that was permanently closed prior to the
effective date of the ordinance.
12.
Any solid waste or
recyclable material collection container or dumpster for solid waste and
recyclable material disposal and collection used by the public that is provided
by any federal, state, county, or town agency; provided however that any 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.
13.
Any solid waste
collection container or dumpster for solid waste and recyclable material,
disposed and collected by the public provided by any person in the town;
provided however that any waste, garbage, refuse, or recyclable material to be
disposed or collected in the town is placed in a suitable dumpster, container,
or is stored in another way as not to cause public or private nuisance.
14.
Any open container or
other system used to burn non-toxic or non-hazardous material in a lawful
manner and as not to cause a public nuisance in the town.
SECTION
VIII – SPECIFIC ORDINANCE/PERMIT PROVISIONS
1.
No person shall be
issued or reissued a permit in the town under this ordinance until the
appropriate application fee has been paid by the applicant to the town clerk.
2.
No person shall be
issued or reissued a permit under this ordinance who has failed to properly and
fully comply and submit to the town clerk complete and truthful response on the
application form developed and provided by the town.
3.
No person shall be
issued or reissued a permit in the town under this ordinance, and any permit
may be revoked or suspended after a public hearing by the town board, if the
facility applicant or the permittee fails to do any of the following:
a.
Obtain and maintain for
a proposed or existing facility or site all necessary approvals, licenses, or
permits from the appropriate town, County of Bayfield, state, and federal
agencies.
b.
Comply with all
conditions and restrictions attached by the town board to the permit issued
under this ordinance by the town board.
c.
Timely prevent or timely
limit specific public nuisances or potential threats to the public health and
safety at or adjacent to the facility caused by the applicant or permittee at
or near the existing site or facility upon notice of such public nuisance or
threats by the town board.
4. The town board may, in order to prevent public
nuisances, to protect the public health, and to protect the environment in the
town, require specific conditions or restrictions to be attached to any permit
issued by the town board under this ordinance. These conditions or restrictions,
if applicable, shall be complied with during the construction, operation,
maintenance, closure, and long-term care operations of the facility or site by
the permittee or applicant.
SECTION
IX – PENALTY PROVISIONS
Violation
of this ordinance shall be in accordance with the schedule of deposit, which
are now in existence and as may be amended from time to time in the future,
plus any applicable assessments, costs, fees and penalty enhances now in force
in the Bayfield County Circuit Court, or as enforced in the future.
SECTION
X – SEVERABILITY
If any provision of this ordinance of 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 of application, and to this end, the
provisions of this ordinance are severable.
SECTION
XI – EFFECTIVE DATE
This Ordinance is effective on publication.
The town clerk shall properly post or publish this ordinance as required under
s. 60.80, Wis. stats.
Town of Barnes
__________________________________ ______________________________________
Gene F. Ratzel-Chairman Christine M.
Webb-Town Supervisor
__________________________________ ______________________________________
Dixie Chermack-Town Supervisor Jack Meinke-Town
Supervisor
__________________________________
Dave Scharlau-Town Supervisor
Adopted: March 21, 2005
Published: March 31, 2005 Posted: March
22, 2005
Attest:
Lucille J. Peet
Town Clerk