CONDITIONAL USE PERMIT
(Grease Recycling Facility)
1. For purposes of this
conditional use permit ("Permit"), the terms
"Operator," and "Applicant", shall
mean or refer to United Grease . ("UG"))
The term "Owner" shall mean and refer to
Tracy Bros. LLC ("Tracy Bros.") as the owner
of the parcel on which a grease recycling facility
("GRF") already exists. The term "Permittee"
shall mean or refer to UG and Tracy Bros., jointly
and severally. The uses permitted under this Permit
include all of the following if conducted in a nuisance-free
manner: receiving and rendering animal fats; receiving
and processing by heating and centrifugation rendered
animal fats, vegetable oils, Food Wastes containing
vegetable oils or animal fats; the storing of the
rendered fat, vegetable oil and Food Wastes prior
to processing; the storing of the reclaimed fats and
oils; disposal of waste by-products and, the transportation
of the reclaimed fats and oils for reuse away from
the Property (collectively, "Permitted Uses").
For purposes of this Permit, the term "Permitted
Feedstock" shall include only the following:
renderable animal fat, vegetable oil and Food Waste
containing vegetable oil or animal fat.
2. For purposes of this Permit, the term "Town"
shall mean or refer to the Town of Clyman, located
in Dodge County, Wisconsin. The term “WPDES
Permit” No. WI-0061514-02-0 shall mean the Wisconsin
Pollutant Discharge Elimination System Permit and
any subsequent amendment thereto issued to ULWR by
the Wisconsin Department of Natural Resources ("WDNR").
The acronym CZO means the Clyman Zoning Ordinance.
When a number of days for the submission of a document
is stated below, the number shall refer to business
days unless otherwise specified in this Permit.
3. For purposes of this Permit, the term “GRF”
shall refer to and include all tanks, centrifuges,
heating equipment, off-loading facilities and other
equipment used for the Permitted Uses and their plumbing
connections that are located on 13.6 acres at the
SE ¼ of the NE ½ of Section 32, Town
of Clyman, Dodge County, Wisconsin (with the street
address of N2797 State Highway 26, Dodge County, Wisconsin).
The term "Food Waste" means nonhazardous
wastes that are not regulated under Wis. Admin. Code
ch. NR 518 but that are regulated under Wis. Admin
Code. ch. NR 214 and are further described in Wis.
Admin. Code § NR 214.02. The term "Property"
as used in paragraph 8 below shall include the 13.6
acre parcel in the Town where the GRF is currently
4. For the purpose of this Permit, the Permittee
shall not accept for grease recycling any waste that
is not or does not contain a Permitted Feedstock.
This provision does not apply to waste whose recycling
is expressly exempt from local control by state law.
5. The Permittee shall operate the GRF in a nuisance-free
manner, that is in a manner that minimizes to the
greatest extent possible odor, noise (including vibration),
dust or smoke offensive to the Immediate Neighborhood.
The Permittee shall not operate the GRF in a manner
or in circumstances where to do so would be detrimental
to the health, safety or general welfare of the Immediate
Neighborhood or the community as a whole.
6. The waste byproducts generated by the GRF may
only be disposed of in the Town if the disposal complies
with all regulations promulgated by the State of Wisconsin
for such disposal. All of which regulations are incorporated
into and become conditions of this Permit.
7. To the extent the Permittee is required to submit
any report to a federal, state or local governmental
entity under SARA Title III (Superfund Amendment and
Reauthorization Act) for the storage or use of chemicals
at the GRF, the Permittee shall submit a photocopy
of the same to the Town Clerk within five (5) days
of the date such report is submitted to the governmental
entity or within five (5) days of the date the submission
is due to the governmental entity, whichever is earlier.
8. The Permittee shall maintain records of the wastes
recycled, their volume and the time of operation sufficient
to identify the source of offensive odors if such
odors are complained of. Upon written request of the
Zoning Administrator for the Town in conjunction with
the Administrator's investigation of an odor complaint
associated with the Property, the Permittee shall
make available to the Administrator for inspection
and copying all such records that the Administrator,
in the sound exercise of his discretion, shall deem
germane to the complaint.
9. The Permittee shall have an operation and maintenance
plan ("O&M Plan") that sets forth best
management practices and procedures for operation
of the GRF, including procedures that may be needed
to comply with spill prevention, control and countermeasures
if mandated by federal or state law and procedures
for disposal of the residue from the GRF in the event
of a malfunction of processing equipment that persists
for more than thirty (30) days or the permanent shutdown
of the GRF.
10. No waste may be delivered to or accepted for
recycling at the GRF before 6:00 a.m. and after 8:00
p.m. on a weekday or before 6:00 a.m. and after 2:00
p.m. on any Saturday, Sunday or the holidays of New
Year's Day, Easter, Memorial Day, July 4th, Labor
Day, Thanksgiving and Christmas unless the waste is
off-loaded within a building with its bay doors closed.
Transfers of waste materials through pipeage within
the N2797 Site shall not be considered delivery or
acceptance for the purposes of this provision.
11. This Permit does not cover or authorize the conducting
of any operations not expressly identified in this
12. The Owner and Operator shall defend, indemnify
and hold harmless the Town and its officials from
and against any and all claims, demands, losses, suits,
causes of action, damages, injuries, costs, expenses
and liabilities whatsoever, including attorney's fees,
arising out of the acts or omissions of the Permittee
under this Permit. The Owner or Operator shall have
the exclusive right to select defense counsel for
the Town pursuant to this provision.
13. On an ongoing basis, the Permittee shall be responsible
for obtaining all permits and approvals required by
other applicable federal, state and county agencies
for all activities conducted on the Property associated
with or as a result of the GRF. Copies of all permits,
approvals and licenses issued by such agencies shall
be provided to the Town Clerk including any future
notices of such agencies of alleged non-compliance.
Violation of such permits, approvals and licenses
that go unreported constitute violations of this Permit.
14. In the event either the Operator or Owner sells
or otherwise relinquishes control of or its ownership
interest in the GRF to anyone or any entity, this
Permit may only continue in force if the Operator's
or Owner's successor agrees in writing, acknowledged
before a notary public, to be bound by all of the
terms and conditions of this Permit. Notwithstanding
the foregoing, a prospective new Owner or Operator
may seek in advance of any transfer of ownership or
operation a determination by the Board that one or
more conditions of this Permit may be modified. An
applicant for such a determination shall pay the CUP
application fee then in force.
15. The Zoning Administrator or the Administrator's
appropriate designee may enter the Property to ascertain
compliance or to investigate an alleged violation
of the terms of this Permit. Anyone inspecting pursuant
to this provision may at the Permittee's discretion
be escorted by the Operator or Owner (or their Designee)
and shall comply with all safety regulations and confidentiality
conditions imposed by the Operator on its own employees.
Refusal to promptly allow inspection shall constitute
noncompliance with this CUP.
16. This Permit shall be reviewed by the Town Board
three (3) years after it is issued to verify ongoing
compliance with all of its material terms and conditions.
The Permittee shall cooperate with the Board in that
review by attending the public meeting and responding
to the Board's questions, if any. If, based on the
information gathered in conjunction with the meeting,
the Board determines that this Permit is in need of
modifications, additions or deletions, the Board shall
thereafter initiate the procedures under the CZO appropriate
for taking such actions.
17. Should any section, clause or provision of this
Permit or the WPDES Permit incorporated herein be
declared by any Court of competent jurisdiction to
be invalid, the same shall not affect the validity
of this Permit as a whole or in any part thereof,
other than the part or parts so declared to be invalid.
The Town Board of the Town of Clyman finds that
the existing GRF will be in conformance with the standards
of approval under § 6.2 of the Town's Zoning
Ordinance, and the granting of this Conditional Use
Permit will not unreasonably interfere with the use,
enjoyment and retention of value of neighboring property
in the Town provided the conditions listed above are
satisfied and continue to be satisfied.
Dated: __________________, 2008 TOWN OF CLYMAN TOWN