Chapter 13.20
REGULATION OF SLUDGE APPLICATION
Sections:
13.20.020 Statutory authority.
13.20.050 Administration fee required.
13.20.060 Documents required to be filed.
13.20.070 Requirements and restrictions.
13.20.010 Purpose.
The purpose of this chapter is to protect the public health, safety and welfare from the potential adverse effects which arise from the application of sludge upon lands within the Town of East Troy. Accordingly, it is the intent and purpose of the Town Board to adopt all of the State of Wisconsin Department of Natural Resources’ rules and regulations regarding the safe and approved application of sludge. (Ord. 2014-3 § 1. 2008 code § 11.07(1))
13.20.020 Statutory authority.
This chapter is adopted as authorized under Wis. Stat. § 283.82. (Ord. 2014-3 § 2. 2008 code § 11.07(2))
13.20.030 Definitions.
For purposes of this chapter, the Town of East Troy adopts the definition of sludge as defined in Chapter NR 204 (Domestic Sewage Sludge Management); Chapter NR 214 (Land Treatment of Industrial Liquid Wastes, By-Product Solids and Sludges); Chapter NR 113 (Servicing Septic or Holding Tanks, Pumping Chambers, Grease Inceptors, Seepage Beds, Seepage Pits, Seepage Trenches, Privies, or Portable Restrooms); and Chapter NR 243 (Animal Feeding Operations). (Ord. 2014-3 § 3. 2008 code § 11.07(3))
13.20.040 Applicability.
The requirements of this chapter apply to all persons owning lands within the Town of East Troy upon which sludge will be applied and upon all those who have been contracted by landowners within the Town of East Troy to use their land for said application.
All crop producers and livestock producers that apply manure or other nutrients directly, or through contract to agricultural fields, and those nutrient management planners, Wisconsin certified soil testing laboratories and dealers of commercial fertilizers must apply with the provisions of this chapter and Chapter NR 151.07 to the extent that they are not in conflict with another. (Ord. 2014-3 § 4. 2008 code § 11.07(4))
13.20.050 Administration fee required.
Prior to the application of sludge, an administrative fee of $50.00 must be paid to the Town Clerk. The Clerk shall then open a file for each particular parcel of land or field(s) upon which sludge will be applied. The administration fee must be paid by the landowner whose land and/or field(s) will be receiving the application of sludge. Each time a site must be approved or re-approved by the Department of Natural Resources for application of sludge, whether or not a new soil analysis must be performed, a new administrative fee must be paid to the Town Clerk. (Ord. 2014-3 § 5. 2008 code § 11.07(5))
13.20.060 Documents required to be filed.
Copies of all land application site requests, agricultural site worksheets, land application record worksheets, approval letter and/or Form 3400-122, soil test results, and all other documents filed with the State of Wisconsin Department of Natural Resources, along with all DNR permits and the DNR permit/license number of the entity who has received the sludge for application must be filed with the Town Clerk. No sludge may be applied in the Town of East Troy without filing the above documents and without payment of the administrative fee referred to in ETMC 13.20.050.
1. If the parcel of land and/or field(s) has been self-approved in compliance with Chapter NR 204, a copy of the applicable DNR site self-approved number must be submitted to the Town Clerk.
2. The owner of any parcel of land and/or field(s) within the Town of East Troy upon which sludge will be applied must cooperate with the Town of East Troy to ensure that it has received the most recent filings with the State of Wisconsin Department of Natural Resources. Additionally, that owner must cooperate with the Town of East Troy to ensure that the Department of Natural Resources notifies the Town Clerk of all sludge application dates prior to the date of application. (Ord. 2014-3 § 6. 2008 code § 11.07(6))
13.20.070 Requirements and restrictions.
The following requirements and restrictions apply:
1. The sludge shall be applied in accordance with the appropriate regulations of the Wisconsin Department of Natural Resources and with any special requirements incorporated into any approval or permit obtained by the land application site owner or contracted entity who will be applying the sludge from the Wisconsin Department of Natural Resources.
2. Movement to the site within the Town of East Troy shall be restricted to state and county trunk highways and specifically authorized Town roads. All damages caused by the movement of the sludge hauling vehicles over Town roads shall be repaired by a competent contractor selected by the Town from a list of not less than three provided by the land application site owner or his or her contracted entity who is applying the sludge. The list shall be provided to the Town within 48 hours of the land application site owner or his or her contracted entity who is applying the sludge is notified of such damage by its hauling contractor or the Town. If the land application site owner or his or her contracted entity who is applying the sludge fails to provide such list to the Town within the designated time period, the Town shall repair the road and the cost thereof shall be charged to and paid by the land site application owner. The Town Department of Public Works or other designated official shall determine the amount of damages and any question concerning the cause of said damage to the Town roads may be established by eye-witnesses and the opinion of the Town of East Troy Police Department after investigation of the damage complaint. Such decision shall be reduced to written form and notice thereof shall be mailed to the land application site owner. Such decision shall be final and binding upon the land application site owner and the Town of East Troy unless the land application site owner appeals such decision by written notice to the Town Clerk within 10 days of receipt of such notice. Upon receipt of such appeal by the land application site owner, the Town Board shall set a date for a hearing on such issues not more than 30 days after the receipt of such appeal notice. At such hearing, the land application site owner may produce witnesses and evidence as he or she sees fit relating to the road damage. The Town Board shall also hear evidence in support of the initial determination. After hearing all such testimony and evidence, the Town Board shall render a decision both as to the causation of the damages and the amount of the damages.
3. Vehicle Traffic and Parking. Vehicles shall obey all Town traffic and parking ordinances. Such vehicles shall not park on public roads or rights-of-way and obstruct traffic without prior approval of the Town of East Troy Police Department.
4. Clean-Up of Roads. In the event the land application site owner or his or her contracted entity who will be applying the sludge causes any mud and/or sludge to be deposited or tracked onto any roads or highways within the Town of East Troy, the land application site owner or his or her contracted entity who is applying the sludge shall remove the same immediately and if the clean-up is not performed to the satisfaction of the Town Board within 24 hours of the land application site owner or his or her contracted entity who is applying the sludge having received notice of the same by telephone or in person, the Town Board may provide for such clean-up and the cost of the same shall be charged to and paid by the land application site owner. Presentation of the bill to the land application site owner through the U.S. mail shall constitute a final and binding decision upon the land application site owner, unless he or she appeals such invoice within five days of receipt of the same. If the land application site owner makes such an appeal, the Town Board shall schedule a hearing as set forth with respect to road damage.
5. Traffic Controls. Adequate traffic controls in the form of warning signs, lights, and personnel shall be maintained by the land application site owner or his or her contracted entity who is applying the sludge at all times when application of the sludge poses any hazard or interference with pedestrian or vehicular traffic.
6. Sludge application shall not begin prior to one hour after sunrise and shall not continue after one-half hour before sunset of each day unless the permit from the Department of Natural Resources has more stringent restrictions regarding the time of application. Sludge applications are discouraged on Sundays and legal holidays, unless application at those times is prohibited in the Department of Natural Resources permit.
7. Liquid spray applications are discouraged within the Town of East Troy and prohibited when the liquid application cannot be contained on site.
8. Notwithstanding the other provisions of this chapter, no sludge application is allowed if the application would cause discharge of the application, in whatever form, into drainage ways or any surface waters. (Ord. 2014-3 § 7. 2008 code § 11.07(7))
13.20.080 Penalty provision.
Any person, partnership, corporation, landowner, trust or other legal entity that fails to comply with the provisions of this chapter shall, upon conviction, pay a forfeiture of not less than $500.00 nor more than $1,500 for each violation. A separate violation occurs for each parcel of land and/or field(s) upon which sludge is applied without having first submitted the documents required herein and for nonpayment of the administrative fee required herein. Each day a violation continues constitutes a separate offense under this chapter. In addition, the Town Board may seek injunctive relief from a court to enjoin further violations. (Ord. 2014-3 § 9. 2008 code § 11.07(9))