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HomeMy WebLinkAboutOrdinance 1990 (264) • ` 9 f t SOLID WASTE COLLECTION AND TRANSPORTATION ORDINANCE ST. CROIX COUNTY, WISCONSIN ORDINANCE # '- (9-o) SUPERSEDES ORDINANCE #187(87) The County Board of Supervisors of St. Croix County, Wisconsin does ordain as follows: 1. PURPOSE. The purpose of this ordinance is to help ensure that efficient, nuisance free, and environmentally acceptable solid waste collection and transportation methods are used in St. Croix County in furtherance of Chapter 144, Wisconsin Statutes, dealing with solid waste, NR 500, Solid Waste Management, and NR 181, Hazardous Waste Management, Wisconsin Administrative Code. (NR 181 is expected to be superseded by NR 600 in 1991) NR 500 is hereby adopted by reference as if fully set out below. 2. APPLICABILITY. This ordinance governs all services for collection and transportation of solid waste generated within St. Croix County. 3. DEFINITIONS. The following special definitions are applicable to the terms used in this ordinance: (a) "Collection and transportation service" means a solid waste disposal operation which utilizes containers, vehicles or other means for the collection and transportation of solid waste. (b) "Department" means the St. Croix County Planning Department. (c) "Facility" means the St. Croix Waste -to- Energy Facility located at New Richmond, Wisconsin. 1' • 1 (d) "Garbage" means discarded materials resulting from the handling, processing, storage or consumption of food. (e) "Hazardous waste" means any solid waste identified by the Wisconsin Department of Natural Resources as hazardous. (f) "Person" means an individual, trust, firm, cooperative, institution, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, interstate body, or federal department, agency or instrumentality. (g) "Refuse" means combustible and noncombustible rubbish, including but not limited to, paper, wood, metal, glass, cloth and products thereof, litter and street rubbish. (h) "Solid waste" means garbage and refuse which is acceptable at the facility. Waste not acceptable at the facility includes, but is not limited to, that which would likely pose a threat to health or safety, that which would likely cause damage to the facility, or that which is physically impossible for the facility to handle. Hazardous waste is not acceptable at the facility unless (1) it is contained in normal household waste or (2) is contained in commercial, industrial or community solid waste in quantities which do not constitute a significant portion of the amount of solid waste it arrives with. (i) 'Tipping fee" means the per ton fee charged to a person to dispose of solid waste at the facility. 4. OPERATING LICENSE AND FEES. (a) No person shall maintain or operate a collection or transportation service in St. Croix County unless the person has obtained and e retains an operating license from the department. The license shall be effective for one year, from January 1 through December 31. (b) Application and renewal fees shall be $100.00 per person and $10.00 per solid waste collection and transportation vehicle. Applications for initial licensing of new collection and transportation services may be submitted at any time during the license period and shall be effective until December 31 of the year of application. (c) Special license. A special license may be issued to a person who collects and transports solid waste to the facility no more than twice a year. Initial application and renewal fees shall be $25.00 per person and $10.00 per vehicle. A person operating under a special license shall pay as a tipping fee the fee charged to the County by the facility for processing that solid waste. (d) Application for renewal of a license shall be submitted to the department by December 15 of the year preceding the year for which the license is applied for. The department shall review and approve or deny the application for renewal within 60 days after receiving the application or by the date of expiration of the current license, whichever occurs later. (e) Application for an initial operating license or renewal of an operating license shall be submitted on forms supplied by the department and shall be accompanied by the appropriate fees. License fees are not refundable. (f) Persons licensed under this ordinance shall submit data or other information not contained on a license application as the department may require for purposes of administering this ordinance or protecting the health and safety of the public. (g) All persons licensed under this ordinance shall pay a tipping fee established by the County. The tipping fee shall be subject to change with reasonable notice to persons licensed under this ordinance. (h) Persons licensed under this ordinance shall not combine solid waste generated within the County with solid waste generated outside the County in loads delivered to the facility without first obtaining written consent from the department. (i) Tipping fees will be billed to persons licensed under this ordinance on a monthly basis. The total amount billed will be due within 30 days of the date of the invoice. Any amount not paid within 30 days will accrue interest at the rate of 1.5% per month (18% per year). (j) Additional operational requirements may be adopted by the department, written copies of which will be provided to persons licensed under this ordinance. These additional operational requirements shall be deemed to be provisions of this ordinance. 5. OPERATIONAL REQUIREMENTS. No person shall operate or maintain a solid waste collection and transportation service in St. Croix County except in accordance with the following additional requirements: (a) Identifying Information. Each solid waste collection and transportation vehicle used by a person licensed under this ordinance shall have lettered on both sides the name, address and telephone number of the license holder, and the empty and gross weight of the vehicle. The letters and numbers shall be at least 2 inches high with a minimum 1/2 inch brush stroke, and be a color that contrasts with the background to make it easy to read. (b) Disposal. Solid waste collected and transported in St. Croix County shall be disposed of only at the St. Croix Waste -to- Energy Facility, unless otherwise directed by the facility or by the department. (c) Inspection. The department may inspect and approve all solid waste collection and transportation vehicles before granting a license and at such other times as the department deems necessary. (d) Compliance with NR 500. Any additional requirements of NR 500 must be complied with. (e) Vehicle ID card. Each collection and transportation vehicle operated by a person licensed under this ordinance must possess a St. Croix County truck ID card. 6. ENFORCEMENT AND PENALTIES. Any person who violates the terms of this ordinance shall be subject to the sanctions provided for in this section. St. Croix County or the department may initiate court action to enforce the provisions of this ordinance. (a) Notice of Violation. The department may issue a notice of violation for violations of this ordinance on forms designated by the department. The notice shall indicate the nature of the violation and the remedial measures to be taken, if any. If the license holder fails to take remedial action in a reasonable time, the department may suspend or revoke the license. If the 1 notice specifies a violation for which there is no remedy, the department shall revoke the license immediately. (b) Prosecution. Prosecution may be commenced for a violation of this ordinance. Upon a conviction or an adjudication of a violation a forfeiture of not more than $500.00 may be ordered. Each day a violation exists or continues shall be considered a separate offense. In addition to or in lieu of a forfeiture, injunctive relief may be ordered upon a conviction or adjudication of a violation. Adopted this 13 ~% day of () a- ,)_L,Y.d , 1990. SOLID WASTE COMMITTEE Negative Affirmative )' /I !Adt-p JIA1-6-t4 s , /Le 2 , 1 ./ , t bte,,e__9._____,__,, r ... ' 01 e .e. :vim..,. ..4- ‘--iC --rte- 61-z-! STATE OF WISCONSIN COUNTY OF ST. CF .0;X I, 9 :.;on, St. Croix Cot., Ch ; - : `--- _ , =:, r iF-Y that Lie .0:a3 is - z rs.r. „c■ret copy of ad pted i3:: L _ . ci Supervisors Sue E. Ne;z.o:., Si. Croix County Clerk r RESOLUTION REPEALING SOLID WASTE COLLECTION AND TRANSPORTATION ORDINANCE, #264(90) Resolution No. C /5) St. Croix County, Wisconsin WHEREAS, on November 13, 1990 the County adopted the Solid Waste Collection and Transportation Ordinance which provides that all solid waste haulers operating in the County must be licensed and all waste must be delivered to the American Resource Recovery (ARR) waste -to- energy facility in New Richmond, St. Croix County, Wisconsin; and WHEREAS, ARR has defaulted on the agreement with the County to provide waste incineration by shutting down the facility, among other defaults; and WHEREAS, ARR has created a potential liability situation for the County if the County keeps in effect an ordinance which requires the haulers to do something that is impossible to do, i.e., deliver waste to a shut down facility; and WHEREAS, because of ARR's defaults, the haulers have been forced to enter into agreements with other entities for the disposal of waste, and do not know whether they will be found in violation of the ordinance by the County; and WHEREAS, because of ARR's defaults, the County can no longer direct waste to the facility; THEREFORE, be it resolved by the St. Croix County Board of Supervisors that the Solid Waste Collection and Transportation Ordinance, no. 264(90), be and is hereby repealed, effective immediately. Dated this /51 day of C� , 1995. Offered by: Waste Management Committee NEGATIVE AFFIRMA r ..