Town of Clyman Final Draft for ULWR Conditional Use Permit (CUP) Version #2


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CONDITIONAL USE PERMIT


1. For purposes of this conditional use permit ("Permit"), the terms "Operator," and "Applicant", shall mean or refer to United Liquid Waste Recycling, Inc. (“ULWR”) The term "Owner" shall mean and refer to Tracy Bros. LLC ("Tracy Bros.") as both the owner of the parcels on which the wastewater treatment facilities already exist or will be constructed and of the treatment facilities themselves; and, the term "Permittee" shall mean or refer to ULWR and Tracy Bros. jointly and severally.

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-0061514-0 shall mean the Wisconsin Pollutant Discharge Elimination System Permit and any subsequent amendment thereto issued to ULWR. The term WDNR shall mean the Wisconsin Department of Natural Resources.

3. For purpose of this Permit, the term “Wastewater Treatment System” shall refer to and include all tanks, lagoons and sludge pads used to mix, treat or store industrial waste or other waste permitted to be acceptedpursuant to the WPDES Permit (collectively, "Permitted Waste") and their plumbing connections located 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) and any field in the Town classified as agricultural land pursuant to CZO § 4.6 and used by the Permittee for disposal of Permitted Waste. The term "Industrial Waste" means nonhazardous wastes that are not regulated under ch. NR 518 For the purposes of this Permit, the terms "land spreading" or "land application" shall include but not be limited to, the disposal, injection or land spreading of any Permitted Waste brought to the Property; and the term "Property" shall include all parcels where the Wastewater Treatment System is placed any wastewater is stored prior to, during or following treatment and any land in the Town on which Permitted Waste The term "Property" shall not include any field within the Town at which the landspreading of non-agricultural waste pursuant to the CZO § 4.6(3)(q) qualifies as a nonconforming use under CZO § § 7.1, 7.4 and 7.5.

4. For the purpose of this Permit (i) ULWR shall not accept or dispose of any waste that is not a Permitted Waste and for which ULWR has not received written authorization in advance from the Wisconsin Department of Natural Resources (“WDNR”) unless expressly exempt from the requirement of preapproval to accept waste under state law or the WPDES permit; and (ii) Tracy Bros. shall not permit ULWR to dispose of any nonagricultural waste on any land in the Town Tracy Bros. owns or leases unless and until preapproved by WDNR for disposal and approved under paragraph 42 of this Permit. This provision does not apply to waste whose disposal is expressly exempt from local control by state law.

5. the astewater reatment ystem more than 000 gallons/day.

6. ULWR shall provide the Town Clerk written concurrence of the WDNR that items 2, 4, and 5 in the letter of Rick Reichardt to Jason Tracy dated September 15, 2006 have been addressed to the satisfaction of the WDNR.

7. The construction and operation of the lagoons shall be conducted as required by all WDNR plan approvals, discharge permits and approved plans of operation or management. ULWR shall operate all wastewater treatment facilities in a manner that minimizes odor, noise (including vibration), dust or smoke that are offensive to the mmediate eighborhood to the greatest extent possible. ULWR shall not operate the Facilities or land apply Permitted Wastes in a manner or in circumstances where to do so would be detrimental to public health, safety or the general welfare of the mmediate eighborhood or the community as a whole.

8. The installation of the liners for the lagoons be independently monitored by the Town's Engineer (the "Engineer") or the Engineer's designee (the "Designee")The liners shall be installed to the satisfaction of the Engineer or Designee. ULWR shall submit shop drawings for the liners for the lagoons to the Engineer or the Designee prior to installation of the liners. All liner seams shall be tested for compliance with and meet or exceed industry standards for PVC membrane liners. There shall be venting for the liners as required by subchapter II of chapter NR 213, Wis. Admin. Code, unless a written waiver of the requirement is granted in writing by WDNR pursuant to § NR 213.11(3)(e) and a copy of the waiver has been provided to the Town. When a waiver is not granted, the plans for venting shall be reviewed by the Engineer or the Designee prior to installation of the liners; and, the venting shall be installed to the satisfaction of the Engineer or the Designee.therefor

9. No spray irrigation or misting of wastewater, including effluent from the Wastewater Treatment System, is permitted, except as expressly allowed by WDNR

10. The Permittee shall comply with all regulations promulgated by the WDNR for the application of Industrial Waste and/or municipal sewage sludge, including but not limited to those terms and conditions in the WPDES Permit and any amendments thereof. All of which regulations, terms and conditions are incorporated into and become conditions of this Permit. No application of untreated municipal sewage from municipal wastewater plants, even when mixed with other wastewater, is permitted. All notices, forms and other documents required by the WPDES permit to be submitted to WDNR shall be submitted to the Town Clerk within five (5) days of the date due to WDNR. All reports provided pursuant to this Permit shall, to the extent required by the WPDES Permit, be signed by a properly certified wastewater treatment operator and a corporate officer of the Permittee.

11.

12. Land application of wastewater containing municipal sewage sludge on frozen or snow covered soils is prohibited.

13. ULWR shall provide an annual liquid waste volume/leakage report which documents the volume of liquid waste entering the anaerobic lagoon system, the change in storage volume of liquid waste within each of the lined lagoon structures, the volume of liquid waste volume which was removed from the lined lagoon structures and applied to land sites and the volume of liquid waste which cannot be accounted for (leakage). In order to monitor the storage and movement of liquid wastes within the Wastewater Treatment System, the Permittee shall install, operate and record the measurements from sufficient magmeters to permit: the monitoring of the volumes of liquid waste entering the wastewater treatment system through the equalization tank; and the inlet and outlet lines for the anaerobic lagoons. Installation and operation of these meters, in addition to those already approved by the WDNR pursuant to its plan approval for the wastewater treatment system, shall be conditions of this CUP. All meters used to monitor liquid volumes shall be tested on an annual basis for correct calibration by an independent testing company, with the results of such testing submitted to the Town by January 15th of the following calendar year or within thirty (30) days of the test, whichever is earlier.

The Permittees shall at the time of construction of the lagoons install a network of groundwater monitoring wells sufficient in number and location to allow detection of leaks through the liners of the lagoons, should they happen, such that the lagoon with the leaking liner can be identified. he plans for the to the Town's engineer at least 45 calendar days prior to the system's planned start of construction. Unless ULWR receives permission from the Town Board to ignore one or more of the ngineer's requirements, all such requirements shall apply as CUP conditions. Reasonable fees and costs of the Engineer's reviews and comment shall be payable by the Permittees no later than 30 calendar days following receipt from the Town Clerk of the ngineer's invoice for services.

14. (grace)may
5
16. When WDNR approval for additional sites is sought by the Permittee a copy of the WDNR Land Application Site Request Form 3400-053 for that parcel, shall be provided to the Town Clerk within five (5) days of its submission to WDNR. At a minimum, the Town's copy shall include: location maps and soil maps, any soil analyses results and other information showing that the site complies with all application requirements and permit conditions. Spreading on a parcel may commence only upon timely notice to the Town receipt of WDNR approval. The Town shall make its decision on the request for addition of a site(s) to Exhibit B within thirty-five (35) days of the application being submitted. To accommodate this expedited process the clerk shall forward the application directly to the Planning Commission to hold the hearing under CZO Section 6.6(1). If an existing spreading site is found by the WDNR to be environmentally unacceptable, ULWR shall immediately cease using the site for spreading.

17. Before commencing operation of the Wastewater Treatment System , the Permittee shall notify the Town Clerk and provide a copy of the report(s) submitted to WDNR under § 1.2.1.3 of the WPDES permit. The final flow and Parameters of Interest when decided by the Town will become part of the permit as Attachment A.

18. ULWR shall retain records for as long as required by the applicable regulations of the WDNR or the WPDES Permit.

19. shall be provided to the Town Failure to follow the approved shall constitute noncompliance with this Permit.

0. The Wastewater Treatment System shall be under the direct supervision of a state certified operator as required in NR 108.06(2) ULWR shall designate a back-up certified operator in the event the lead operator is unavailable for any reason.

1. All lagoons constructed and their interconnections shall be constructed in compliance with the setback requirements of the Town's Zoning Ordinance and the groundwater separation requirements of the WDNR.

22. All lagoons shall be equipped with fencing or other devices sufficient to deter the general public from obtaining access.

23. The lagoons shall be constructed and operated so as not to cause groundwater contamination.

24. ULWR shall give notice to the Town of any proposed increase of volume of Waste accepted for treatment modification 283.59(1)The notice may be a copy of WPDES , the new or increased .

25. Land spreading of wastewater is prohibited Land spreading on any field that is known to be tiled may only occur ifWDNR has been advised that the field is tiled and WDNR has, nonetheless, approved the iled parcel for landspreading.

26. Prior to the start of landspreading on any property in the Town, the Permittee shall, in addition to the certification or recertification required by the WPDES Permit, provide the Town the owner ailure to obtain the landowner's signature , file Ewith the Town or adhere to the limitations specified in constitute noncompliance with this Permit.

27. .

28. To prevent surface runoff or objectionable odors, all wastewater that is land spread shall be knifed into the soil at the time of spreading unless expressly by WDNR to use a different method. Failure to comply with specific WDNR site-approv requirements for a parcel shall constitute non-compliance with this Permit.

29. . The Town will update its website to develop a mutually satisfactory complaint form. The prescribed form shall be entitled Complaint Form and shall include at a minimum room for: the name of the complainant, the date and time of the event complained of, a full description of the events and circumstances underlying the complaint, names of any witnesses to the event, and contact information for the complainant and any identified witnesses. The prescribed form with regard to odor complaints shall also include space to note the approximate wind speed and specific location of witnesses to the odor. All complaints filed with the Permittee shall be provided to the Town Clerk within five (5) days of receipt. Complaints submitted to Owner and Operator shall be provided to the Town Clerk within 5 days of receipt.

30. .

31. Permittee shall reimburse the Town for any and all repairs and reconstruction to the public roads resulting directly from the construction of the Wastewater Treatment System. A qualified independent third party, agreed to by the Town and Permittee, and paid for Permittee, shall document the condition of the roadways to be used prior to the start and after construction is complete. For that purpose Permittee shall identify the roadways to be used and require by contract those persons engaged in the construction of the Wastewater Treatment System to use only the identified roadways. This third party shall evaluate, document by digital videotape, and rate road conditions prior to the construction and again within 30 days after construction is complete. If no agreement can be reached on a qualified independent third party, then the Dodge County Road Supervisor shall serve as the qualified independent third party. Determination as to how the roads should be repaired and by whom will be at the option of the Town in consultation with Permittee. If no agreement can be reached

, then the decision shall be made by the Dodge County Road Supervisor. Permittee shall provide the Town the appropriate amount of money to repair the damaged roads within thirty (30) days after receiving notice from the Town of the amount due. Any subsequent damage to a Town road resulting directly and substantially from the operation or maintenance of the Wastewater Treatment System shall be repaired in accordance with the above.

32. Permittee shall provide the Town with written notices of completion of construction within 10 days after the Wastewater Treatment System or a specific phase thereof is complete.

33. This Permit does not cover or authorize the conducting of any operation not expressly identified in this CUP, including but not limited specifically any vehicle repair operation that services vehicles not owned by ULWR, any warehousing operations, any grease recovery operation, and any operation producing biodiesel fuel.

34. 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.

35. 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 Wastewater Treatment System operations and landspreading of liquid wastes, including, but not limited to the approval, licensing and permitting requirements of the WDNR. 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.

36. This Permit shall expire within [TBP] months of its issuance or conditional issuance by the Board of Zoning Appeals (whichever is earlier) unless the Permittee demonstrates to the satisfaction of the Town Board that construction of the Wastewater Treatment System already approved by WDNR has not been completed within that time, even though construction was timely commenced and diligently pursued andcommits to completing construction of the unfinished portion of the Wastewater Treatment System no later than three (3) months after the expiration of the [TBP] month period, or as soon as possible thereafter based on the circumstances of construction. This Permit shall be reviewed one (1) year after it is issued. Review of this Permit will be specifically to verify ongoing compliance with all of its material terms and conditions.

37. In the event either the Operator or Owner sells or otherwise relinquishes control of or its ownership interest in the Wastewater Treatment System 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, including but not limited to the surety requirements of paragraph below. 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.

38. The designee may enter the Property to ascertain compliance or to investigate an alleged violation reported under paragraph 38 of this Permit. Anyone inspecting pursuant to this provision may at the Permittee's discretion be escorted by the Operator or Owner (or their esignee) and shall comply with all safety regulations imposed by the Operator on its own employees, provided, however, that specific client identifying information shall remain confidential. Refusal to allow inspection shall constitute noncompliance with this CUP. Persons making inspections based on complaints shall be permitted to take samples of wastes and soils representative of the conditions at the time of inspection subject to the following: 1) samples shall be taken in the presence and full view of a representative of the Permittee. 2) Collected samples shall be immediately split and provided to both the Permittee and the Town representative. The analyses of the Town’s samples shall be at the Town's expense and the results shall constitute public records. required by the Wis. Admin. Coderegistered or

39. The Zoning Administrator or the Administrator's designee, in addition to the rights of access under paragraph 60, shall have the right of access to any farm field within the Town where liquid wastes are being discharged by the Permittee for the purpose of taking samples of the waste. The Administrator may, but is not required to, exercise this right as often as three (3) times per calendar year. When the Administrator takes samples under this provision, he/she shall do so in the presence and full view of a representative of Permittee and provide a split sample to the person conducting the discharge, who, along with the Administrator, shall initial and date each sample container. – collectively the Parameters of Interest. The results of such analyses completed pursuant to this paragraph shall be provided to the Permittee upon payment by the Permittee of the associated invoice. The Permittee may, but is not required to, submit its sample split(s) for analysis(es) at its own cost. registered or 40. In the event the Town claims the need to incur reasonable costs, including equipment or labor costs, to provide service to the Permittee, which service is actually necessary and exclusively applicable to the Permittee, is not provided by other public entities and does not arise out of or relate to monitoring the Permittee’s compliance with this Permit, the following process shall apply: the Town Board shall proposed in writing what cost it seeks and why those costs are reasonable and necessary. Thereafter, the Town Board, the Permittee, and each party’s consultant shall confer and mutually agree on whether those costs are necessary, and if so, what reasonable amount of these costs should be paid by the Permittee.

41. The Permittee shall reimburse the Town $75,000.00 for costs of processing this CUP. Said $75,000.00 payment shall be made within thirty (30) days of approval of the CUP, otherwise this CUP shall be declared null and void.

42. The Permittee must make available to the Town a source or sources of funds in the amount of at least $720,000.00 which funds the Town may use to remediate all or any part of the Wastewater Treatment System, including emptying and disposing of the untreated, partially treated or treated waste therein, in the event the Permittes abandon the Wastewater Treatment System. The Permittee may satisfy this obligation by the providing of a bond or other financial guarantee. A guarantee may consist of the pledge of real or personal property or a combination thereof. Any pledge of real property under this provision must take the form of a first mortgage to the Town. Any real property pledged under this provision must have a minimum appraised value of $_____________ and must be free of all liabilities or encumbrances of any kind whatsoever, including, but not limited to, tax liability. Personal property that may be used as guarantee under this provision may only consist of equipment used in the land application of liquid waste, including, but not limited to, tractors, pumps, draglines, portable spray irrigation systems or the like. Any personal property that is pledged as the guarantee or part of the guarantee under this provision must have a sufficient current resale value that it, or in combination with the real property pledged, shall at all times equal or exceed the amount specified above. The appraisal for any real property pledged and first mortgage for said real property in a form satisfactory to the Town and a list of any personal property pledged (along with a reasonable estimate of the personal property’s current resale value) must be provided to the Town prior to the issuance of this Permit. The list of the personal property will be attached hereto as Exhibit ____. If the combined value of the real and personal property falls below the amount specified above the Permittee must either add further real or personal property to the guarantee so that the combined value equals or exceeds the specified amount. The Permittee shall have no claim that the Town improperly used the funds, except in the instance that the Permittee can show it did not abandon the Wastewater Treatment System and so notified the Town thereof. If the costs of remediation are less than the amount specified above, the Town shall not be required to reimburse to the Permittee the difference.
43 in writingWWWWthereforePThe hearing shall be limited exclusively to the issues raised in the notice provided under this provision. as provided in D(ii).WWWA cW proceed as followsPW enforcement
(ii) Except for violations the Town determines as serious under D (iii) for first violations in a calendar year a warning shall be given and a requirement to take all remedial action required by the State and/or the Town.

(iii) Violation of state land application requirements shall not be grounds
to revoke this Permit as it applies to for the Wastewater Treatment Facility.
(iv)44. To the extent this CUP differs in any respect from the Town’s zoning ordinance the terms of this CUP shall control.

45. 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 any part thereof, other than the part or parts so declared to be invalid.

FINDINGS
[TBP]
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Dated: __________________, 2008 TOWN OF CLYMAN BOARD OF
ZONING APPEALS

__________________________________
Chairperson


Attest: Clerk