§ 14-2. Sewerage sludge disposal.

(a)

Scope and intent. The intent of this section is to safeguard the public against the creation or perpetration of a public nuisance. It is the intent of the town board that the application of sludge on property sites located in the town be undertaken in accordance with the regulations and laws of the state, but not in such a manner as might be offensive to the ordinary sensibilities of town residents.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Applicant means the owner of the treatment facility generating the sludge.

Site or property site means the property on which the applicant intends to apply sludge. Each real estate tax parcel as found on the tax rolls of the town shall constitute a separate site or property site.

Sludge means the accumulated residual solids (usually in aqueous solution) resulting from the treatment of municipal waste waters.

(c)

Permit required. No person, firm or corporation shall apply or allow to be applied to lands under their ownership, lease or control, sludge to any land located within the corporate limits of the town without first having obtained a permit from the town board. This shall apply to both existing and proposed sludge disposal operations.

(d)

Application. Written application for a permit to apply sludge on any lands within the town shall be made to the town clerk-treasurer. The application shall state:

(1)

The applicant shall be the owner of the treatment facility generating the sludge.

(2)

The name and address of the applicant, and if the applicant is a corporation, the name, address and registered agent of the corporation.

(3)

The address and legal description of the site to be used.

(4)

The names and addresses of the landowners and haulers involved with the proposed disposal of the sludge.

(5)

The length of time the applicant intends to apply sludge on the site described in the application.

(6)

The name and address of the owners of any other site upon which the applicant is presently applying sludge, whether or not such site is within or without the corporate limits of the town.

(7)

Names and addresses of all property owners within 1,500 feet of the boundaries of the proposed application site.

(8)

The volume and content of sludge that is proposed to be applied. In addition to the nutritional content of sludge, the applicant will supply exact and detailed analysis of the sludge metal content.

(e)

Term of permit. A permit issued hereunder shall be for a period commencing on April 1 in the year of application and ending on December 1 in the year of application. The terms of each permit may be temporarily extended by the town board if the board is satisfied that the sewerage sludge can be incorporated within the soil on the property site during such extended period so as to prevent the creation of noxious or offensive odors and as required in this section.

(f)

Permit fee. The applicant shall accompany its application with a nonrefundable annual permit fee established by resolution per site per year. Any annual renewal of the permit shall be subject to the same fee. The applicant shall also pay to the town clerk-treasurer at the time of filing the application an amount to be determined by the town clerk-treasurer for costs and expenses incurred in giving notice of these proceedings as provided in this section.

(g)

Granting of permit. The town board may refer all applications for issuance of a permit hereunder to the plan commission for its recommendation; provided, however, that the town board may elect not to refer the matter to the plan commission in those circumstances where the town board determines that the spreading of sludge in accordance with the permit will not have an adverse effect upon residents of the town. In those cases where the town board refers the matter to the plan commission, the town board may require a public hearing on such application which, if required, shall be a joint public hearing held by the plan commission and the town board. The date of such hearing shall be within 60 days of the date that such application for a permit hereunder is filed with the town clerk-treasurer. Notice of such public hearing shall be given by certified mail to all property owners whose property or any portion thereof is located within 1,500 feet of the boundary of the land upon which sludge disposal is proposed. Prior to such public hearing, the town board may engage the services of the town engineer, a hydrologist or other individual having recognized expertise in the areas of sludge disposal for their investigation and recommendations to the board concerning the application. Any costs and expenses incurred by the town in connection with such investigation shall be paid by the applicant within 30 days from the date of billing therefor by the town to the applicant. If the applicant fails to make such payment, the town board will withhold any action on the application, or if granted by the town board within such period, the town board may revoke such permit until such bill has been paid. The plan commission shall make its recommendations to the town board within ten days of the date of the public hearing and the town board shall in all instances act on the application within 30 days from the date of the recommendation by the plan commission or within 30 days from the date of the public hearing, whichever date occurs first. The town board shall issue a permit hereunder if, at the conclusion of the public hearing, when required, or upon consideration of the plan commission's recommendation, if required, and upon consideration of all other evidence presented to the town board, the board finds the following:

(1)

The sludge will be immediately incorporated with the soil on the property site so as to prevent the creation of noxious or offensive odors. There shall be no above ground spreading of sludge and such sludge shall be incorporated with the soil by injection only.

(2)

That the sludge will be applied in accordance with the appropriate regulations of the department of natural resources, Technical Bulletin No. 88.

(3)

That the applicant has received approval from the department of natural resources to apply such sludge to the property site described in the application.

(4)

That no sludge will be applied at a distance less than 200 feet from the nearest residence, or such other distance, if greater, as is required by the department of natural resources.

(5)

That the sludge will not be applied at a distance less than 200 feet from the nearest private water supply well, or at such other distance, if greater, as is required by the department of natural resources, and that the application of the sludge is not likely to result in the contamination of a source for any water supply, irrespective of the location of the water supply.

(6)

That the sludge will not be applied at a distance less than 100 feet from any stream, pond or other channelized waterway, or such other distance, if greater, as is required by the department of natural resources.

(7)

That the sludge will not be applied to any soil which, because of its composition, would tend to create a health hazard.

(8)

That the applicant has applied for and received all appropriate licenses from county or state licensing authorities.

(9)

That a copy of all reports required by the county or state were sent to the town clerk-treasurer at the same time as sent to the state.

(10)

That the application of sludge will not constitute a nuisance in any manner.

(11)

That the application of sludge will only take place during the hours of 7:00 a.m. to 5:00 p.m. and will not be applied to any site on Saturday, Sunday or holidays.

(12)

That absolutely no town roads will be used for transporting sludge without prior approval of the town board.

(h)

Permit denial. If the town board does not find affirmatively with reference to any of subsections (g)(1) through (12) of this section, the application for such permit shall be denied.

(i)

Eligible parcels. Wastewater sludge shall be applied only to DNR approved farm fields in accordance with the current state and federal guidelines. The amount of sludge which can be applied to a parcel of land in any one given year shall be based on nutritional requirements and the allowable sludge metals as established by the most recent DNR and EPA regulations. In no case shall more than six percent of the permitted total allowable amount of any one or more metals be applied to any parcel of land per year. No further application of sludge to any such field shall be permitted for a period of two years after such sludge has been applied. The total allowable amount of metals shall be determined using the soil exchange capacity as analyzed by an approved laboratory for that specific parcel.

(j)

Independent sampling. In the event the town board requests an independent sample and test of any proposed sludge, the applicant agrees to allow the taking of a sample and said independent test at any time or place requested so that the integrity of the sample is preserved. All costs and expenses to the town for such tests shall be paid for by the applicant within 30 days from the date of billing. In the event the applicant fails to make such payment within the time herein provided, the town board may revoke any permit issued to the applicant until such charges have been paid. In the event that independent test results are found to vary significantly from the content of the sludge as presented by the applicant, the applicant shall be prohibited from releasing said sludge and shall submit to a complete revaluation of future sludge applications in the town. Test results showing a greater content of metal than the established two percent maximum allowed shall constitute a significant variance under this subsection (j). The town board shall be authorized as a condition of granting the permit to the applicant to conduct any other tests of the sludge and the sludge disposal sites as the board determines necessary to prevent a public nuisance during the period that such sludge disposal is being conducted, and the applicant shall pay all costs and expenses incurred by the town for such tests within 30 days from the date of billing. In the event the applicant fails to make such payment within the time herein provided, the town board may revoke any permit issued to the applicant until such charges have been paid.

(k)

Testing. The applicant shall present with its application for a permit the soil testing information sufficient in the opinion of the town board to determine the ability of the soil upon the premises described in the application to absorb sludge. The town board may also require a sludge analysis every time sludge is used. The manner and type of such soil test and sludge analysis shall be determined by the town board and all costs and expenses for such soil test and sludge analysis shall be paid by the applicant. All test results must be presented to the town board prior to the public hearing to be held on said application.

(l)

Bond.

(1)

Upon approval of application for issuance of a permit hereunder, but prior to the issuance of the permit, the applicant shall file with the town clerk-treasurer a surety bond in the amount of $10,000.00, and proof of liability insurance conditioned upon and as a guarantee that the applicant will fully abide by the terms and conditions of this section, the ordinances of the town, and any rules and regulations imposed by the town board as a condition for the granting of such permit, and as a further guarantee that the applicant will be fully able to compensate any resident of the town who might be injured or damaged by application of the sludge to the property site described in the application.

(2)

Notwithstanding anything contained herein to the contrary, the town board may waive the provisions of this subsection (l) where the applicant is a state municipality.

(m)

Notification. Written notification must be given to the town clerk-treasurer at the town hall located at W250 S3567 Center Road, Waukesha, Wisconsin 53186, and any residents within 1,500 feet of the site to be used; the notice shall include the dates that sewerage sludge disposal will take place on such sites. Such notice shall also include identification of the roads or highways to be used for the transport of such sludge disposal to the disposal site.

(n)

Penalty. Any person, firm or corporation who violates this section shall be subject, upon conviction, to a forfeiture of not less than $1,000.00 nor more than $5,000.00, together with the cost of prosecution, and, in default of payment of such forfeiture and costs, shall be imprisoned in the county jail until such forfeiture and costs are paid, for a period not exceeding 90 days.

(o)

Separate violations. Each violation and each day a violation continues or occurs shall constitute a separate offense.

(p)

Cause for withdrawal of permit. Any violation of this section by a permittee will be cause for the town board to withdraw permits already issued.

(Prior Code, § 8-5-1)

State law reference

Land application of sewage sludge, Wis. Stats. § 283.82.