ORD1971194r
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ORDINANCE #194
AN ORDINANCE REQUIRING mE LICENSING OF AND
REGULA nNG LANDFILL DISPOSAL SI TES
THE COMMON COUNCIL OF THE CI TY OF MUSKEGO, WISCONSIN, DO
ORDAIN AS FOLLOWS:
SECTION I. Definitions. As used in this ordinance the
following te~s shall be construed as indicated below:
(a) "Garbage" shall mean all animal and vegetable waste
and all putrescible matter.
(b) "Refuse" shall mean all waste substances including
garbage as well as combustible and noncombustible wastes.
(c) "Combustible waste" shall mean all waste substances
capable of incineration or burning, but excluding explosive
or highly flammable material.
(d) "Noncombustible waste" shall mean all other waste
substance not capable of incineration or burning, including
ashes, glass, metal, earthenware and the like.
(e) "Salvageable Material" shall mean discarded material
no longer of value as intended, but which is stored or
retained for salvage, sale or future reuse.
(f) "Toxic and Hazardous Wastes" shall mean waste materialr
such as pesticides, acids, caustics, pathological wastes,
radioactive materials, flammable or explosive materials,
and similar chemicals and ha~ful wastes which require
special handling and disposal to protect and conserve the
environmen t.
(g) "Sanitary landfill" shall mean a type of operation in
which refuse is deposited by plan in a pit or excavation
of open land, is compacted by force applied by mechanical
equipment, and then is covered by a layer of earth, ashes,
or suitable covering material to a depth of at least two
feet.
SECTION II. License Required. I t shall be unlawful to
maintain or operate a sanitary landfill, or any place for the disposal
of garbage or refuse, anywhere in the city or in an unincorporated arE'Cl
within four miles of the city limits without first receiving a
license therefor; and it shall be unlawful to maintain, operate or
pe~it the maintenance or operation of any such place in violation
of any provision of this ordinance.
SECTION III. Annual Permit Fee: Renewals. The annual fee
for such license shall be $200.00; payable in full upon issuance of
the pe~it by the Clerk. No such license shall be issued except on
direction by the City Council. Each license shall expire annually
on the 30th day of August. In addition, a fee of $50.00 shall
accompany the application to defray the expenses of processing the
same.
Page 2.
Application for renewal of any landfill permit shall be
filed with the City Clerk not later than July 15 and shall be
accompanied by paYment of a fee of $50.00. The Plan Commission
shall hold a public hearing before granting a renewal of such
permit, in accord with the provisions of Section 6 hereof.
r- SECTION IV. Bond: Surety and Liability. No such license
shall be issued, or effective unless there is on file with the city
a cash bond or a bond with a corporate surety in penal amount of
$25,000.00 to assure that:
(a) The licensee, his agents and servants, will comply
with all of the terms, conditions, provision require-
ments and specifications contained in this ordinance.
(b) The licensee, his agents and servants, will
faithfully operate the sanitary landfill for which
the permit is deemed in accordance with the provisions
of this ordinance.
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(c) That the licensee, his agents and servants, will
save ha~less the city from any expense incurred through
failure of the permittee, his agents and servants, to
operate and maintain the sanitary landfill as required
by this ordinance including any expense the city may
be put to for correcting any condition or violation of
this ordinance by the city's own labor and equipment,
or fire fighting equipment, whenever the City Engineer
determines it is necessary for the city to correct any
condition in violation of this ordinance, or from any
damages growing out of the negligence of the permittee
or his agents or servants.
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(d) Before acceptance, all bonds shall be approved by
the City Attorney. If a corporate bond is offered, it
shall be executed by a company authorized to t~ansact
business in the state as a surety. If a cash bond is
offered, it shall be deposited with the treasurer of the
city, who shall give his official receipt therefor,
reciting that said cash has been deposited in compliance
with and subject to the provisions of this ordinance.
The applicant shall also file with the City Clerk proper
evidence showing that such application has public liability insuranc~
in the sum of not less than $300,000.00. The form of the public
liability insurance required shall be approved by the City Attorney
before a permit is issued.
SECTION V". Application: Investigation. Applications
for such licenses shall be filed with the City Clerk in triplicate
and shall include the following:
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(a) A legal description of the land on which the
disposal of refuse is proposed, together with names and
addresses of all owners and persons having a security
interest in said lands.
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(b)
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(c)
Page 3.
A plot plan of the site showing the following:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Dimensions.
Existing and proposed roadways and easements.
Existing topography and watercourses.
A diagram and written statement explaining
proposed location and extent of earth work and
and fill operations.
Location and depth of soil borings
Proposed trenching plan or original fill face.
Location of winter cover stock piles, garages,
sheds and equipment areas.
Cross sections shall be included on the plot
plan or on separate sheets showing both the
original and proposed fill elevations. The
scale of the plot plan shall not be greater
than 200 feet per inch.
A description of the sequence and plan of operation.
(d) A map or aerial photograph of the area showing land
use and zoning within a one-quarter mile of the perimeter
of the solid waste disposal site.
(e)
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A report shall accompany the plans indicating:
(1)
(2)
(3)
(4)
(5)
(6)
Population and area to be served by the
proposed site.
Estimated daily or weekly volume, source and
description of material to be disposed of at
the site and the total cubic feet of air space
available for filling at the time of the
application.
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Geological formations and ground water elevations
to a depth of at least ten feet below proposed
excavation and lowest elevation of the site.
Such data shall be obtained by soil borings-
or other appropriate means.
Source and characteristic of cover material and
method of protecting cover material for winter
operation.
Type and amount of equipment to be provided
at the site for excavating, earth moving,
spreading, compaction, fire fighting, rodent
control and other needs.
Persons responsible for actual operation and
maintenance of the site and intended operating
procedures.
Page 4.
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(f)
(g)
(h)
Plans for fire, nuisance and ve~in control.
Availability of water supply.
Existing and proposed roadways and easements.
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Clerk to
(i) Such other information as may be required by the
Plan Commission.
(j) Days and hours of operation.
Copies of the application shall be forwarded by the City
the Plan Commission for its study and recommendation.
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SEcnON VI. Public Hearin2. The Plan Commission shall,
within thirty (30) days of the referral to it, hold a public hearing
upon said application. Notice of said hearing shall be published
as a Class II notice in the official city newspaper and shall be
mailed to the owners of all lands as shown by the city tax rolls,
within three hundred (300) feet of any part of the land included
in the proposed landfill site at least ten (10) days before such
hearing. Failure to give such notice shall not invalidate any
permit issued hereunder. The Plan Commission shall report to the
City Council as to the effect of such proposed use upon the character
of the neighborhood, the traffic conditions, public utilities fac-
ilities, and other matters pertaining to the general welfare.
The application shall state:
(a) Name, residence and address of the applicant.
(b) A legal description of the lands upon which such
dumping and disposal of trash and garbage is proposed.
The applicant's right to use such premises. (c)
(d) Statement of the type of operations proposed.
(e) Whether the applicant proposes to operate such dump
individually and if not, with whom he will be associated
together with the names and addresses of his associates.
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SECTION VII. Re2ulations. In the operation or maintenance
of any landfill disposal site in the city or in an unincorporated area
within four miles of the city l~its, all of the following rules
and regulations shall be complied with:
(a) The site shall be surrounded by rapidly growing
trees, shrubbery, or other appropriate means to screen
it from the surrounding area and to provide a natural
windbreak.
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(b) All garbage and other refuse shall be thoroughly
compacted by equipment of a size and weight capable of
compacting each single layer of garbage or refuse to
depth of approximately two (2) feet. No more than
three (3) compacted layers may be placed prior to
covering.
(c) Such equipment shall have si:t.fficient weight and
capacity to carry out all necessary operations to the
satisfaction of the enforcement officer. Sufficient
auxiliary equipment shall be maintained on the site or
otherwise available to permit operation in case of a
breakdown .
Page 5.
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(d) Solid waste shall be compacted and covered after
each day of operation; cover material will consist of
earth, loam, clay, sand, or a mixture of at least 50 per
cent earth and other inert materials, such as ashes,
cinders or gravel. A minimum depth of 12" of compacted
cover and spread cover material shall be kept on all
inactive faces of the landfill at all times. The active
faces of the landfills should be covered at the end of
each day's operation, with at least 6" (before compaction)
of cover material. Surface water drainage shall be
diverted around the landfill area.
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(e) Putrescible materials such as spoiled foods and
animal carcasses shall be immediately covered and com-
pacted as indicated in this section.
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(f) The areas shall be continually policed to prevent
fire and the flowing of papers; shall be neat and sani-
tary at all times; and shall be covered at the end of
each day's operation, as well as when wind conditions warrant
it through the day, with sufficient material to prevent
blowing papers and unsightly conditions. The size of the
active face on which refuse is being currently deposited
shall be kept to a minim~. The licensee or operator
shall erect such temporary or permanent fences or take such
other measures as may be necessary to control blowing of
paper and other materials from the landfill.
(g) Effective vector and rodent control shall be maintained
a t all times.
(h) Open burning of solid waste is prohibited unless
otherwise approved by the City Engineer.
(i) Adequate fire-fighting equipment shall be available
at all times on the site. Arrangements shall also be
made with the local fire protection agency to immediately
acquire its service when needed.
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(j) No sanitary landfill operation shall be placed
where seepage, drainage or pumping of any material from
the fill would constitute an odor nuisance or health
hazard.
(k) The licensee shall provide an access road, approved
by the City Engineer that is passable in all types of
weather conditions to the landfill site.
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(1) The license holder shall also have available necessary
equipment to assure that traffic may be maintained on the
access road or. roads during periods of heavy rain or snowfall.
The permit holder shall also take precautions to eliminate
excess dust in dry weather, during operation of the landfill.
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(m) Any materials salvaged from the fill must be stored
in a building on or off the site in such a manner as to
prevent rat harborage and permit proper operation of the
landfill. Such storage building must be at least two
hundred (200) feet from the working surface so as not to
interfere with the compacting and covering. All sal-
vaged material must be daily placed within the building
provided so that none is left uncovered during the night
or on weekends.
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Page 6.
(n) An attendant shall be on duty at the site a1: all
t~es while it is open for public use.
r (0) A gate shall be provided at the entrance to the
site and kept locked when an attendant is not on duty.
r. (p) A sign identifying and showing the state license
number of the site, and indicating the hours during
which the site is open for public use, penalty for
nonconforming dumping, emergency telephone number, and
other pertinent information shall be posted at the
site entrance.
SECTION VIII. Termination of Use.
(a) Within one week after final termination of a site,
or a major part thereof, the area shall be covered with
at least two (2) feet of compacted earth material
adequately sloped to allow surface water runoff.
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(b) The finished surface of the filled area shall be
covered with adequate top soil and seeded with native
grasses or other- suitable vegetation Lmmediately upon
completion, or immediately in the spring on areas
terminated during winter conditions. If necessary,
seeded slopes shall be covered with straw or s~ilar
material to prevent erosion.
(c) Prior to completion of a sanitary landfill site,
the City Engineer shall be notified in order that a site
investigation may be conducted by the city before earth
moving equipment is removed from the property.
(d) Following the completion and abandonment of the
sanitary landfill site, inspection and maintenance
shall be continued by the landfill owner or operator until
the fill becomes stabilized; weekly inspections shall also
be made by the City Engineer.
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(e) Where the "trench system" of sanitary landfill
is used, successive parallel trenches must be at least
two feet apart.
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SECTION IX. Existing Non-Conforming Dumps. All garbage
and refuse existing on the site at the t~e the permit is issued
either in the form of an open dump or any other form, shall be
collected, compacted, and covered with cover material at least
one foot in depth if below the desired finished grade, or with
inert material at least two (2) feet in depth at the finished
grade. This cover operation shall be completed within fifteen
working days after the issuance of a special permit for the
sanitary landfill except that additional time may be granted by
the Common Council after recommendation of the Plan Commission.
SECTION X. Disposal of Toxic and Hazardous Waste
Prohibited. No toxic or hazardous wastes as defined herein shall
be disposed of on any landfill site or at any other location within
the City.
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Page 7.
SECTION XI. Dumping Refuse or Garbage. I t shall be
unlawful to dump or dispose of any refuse or garbage except in a
properly constructed incinerator, or in a licensed landfill,
within the city or within one mile of the city limits.
r SECTION XII. Enforcement. The City Engineer and Zoning
Inspector, jointly or severally, .
and shall be charged with the enforcement
of this ordinance and shall make any inspection necessary to that
end, and shall have the authority to enter upon any licensed premises
at any time for the purpose of determining compliance with the terms
of the permi t .
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SECTION XIII. Revocation. Any permit which shall be
issued hereunder shall be subject to revocation for cause by the
Council at any time following a hearing at a regular or special
meeting of the Council. Notice of any proceeding for revocation
of any permit issued hereunder shall be addressed to the address
of such permit holder appearing upon the application for such permit
on file with the City Clerk at least ten (10) days before said hearin.'?:,
and such notice shall be mailed by certified mail. The Council,
following such hearing, and upon determination that the manner or
use or operation of the dump is such that this section or any
portion thereof and any other ordinances of the City applicable
thereto, have been violated or that any of the rules and regulations
promulgated by the Council, as conditions for granting of such permit,
have not been complied with, may revoke the permit, or impose
additional regulations designed to eliminate the violation(s)
comp lained of.
In the event of the revocation of any permit as herein
provided, the holder of such permit shall cover with a suitable
material all refuse deposited within said dump to a depth of at
least 24" and in the same manner as though the ultimate grade of
the fill were reached as provided in this section. If the holder
of any permit fails to comply with such requirements, the Council
may cause such fill to be completed as herein provided and the
holder of such permit shall pay all costs and expenses in connection
therewith. If the permit holder does not pay the costs and expenses
incurred by the City within thirty (30) days from the date of
billing, the city may then resort to the bond filed for payment.
r SECTION XIV. Non-Assignable Permits. No permit issued
issued pursuant hereto shall be assignable or inure to the benefit
of any other than the person to whom the permit was originally
issued without the approval of the Common Council. Such permit
shall not be transferable from on~ premise to another.
SECTION XV. Stricter Regulations Apply. In the event of
any conflict between the provisions and the regulations of this
ordinance and of the State of Wisconsin Solid Waste Disposal
Standards, the stricter regulations shall apply.
'.-, SECTION XVI. Penalty. Any person, firm or corporation
violating any provision of this ordinance shall be fined not less
than $25.00 nor more than $200.00 for each offense, and a separate
offense shall be deemed committed on each day during or on which
a violation occurs or continues. This section is in addition to
Section XIII hereof.
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Page 8.
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SECTION XVII. All ordinances or parts of ordinances
inconsistent with or contravening the provisions of this ordinance
are hereby repealed.
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SECTION XVIII. This ordinance shall be in force and
take effect upon passage and publication.
DåTED THIS /.3 DAY OF , 1971.
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ATTEST:
~;4-,~ City Clerk
,~ 6/71
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