[HISTORY: Adopted by the Town Board of the Town of Geneseo
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-13-1992 by L.L. No. 3-1992]
A.
The Town finds that:
(1)
The removal of certain materials from the solid waste stream will
decrease the amount of solid waste disposed of in landfills and aid
in the conservation of valuable resources.
(2)
The New York State Solid Waste Management Act of 1988 requires all
municipalities to adopt a local law or ordinance by September 1, 1992,
requiring separation of recyclable and reusable material from solid
waste.
(3)
In order to protect the health, safety and welfare of the people
of the Town, it is necessary for the Town to enact this article in
order to encourage and facilitate the maximum recycling practicable
on the part of every household, business and institution within the
Town.
B.
The Town declares that the purpose of this article is to establish
and implement recycling-related practices and procedures to be applicable
to all waste generators within the Town.
As used in this article, the following terms shall have the
following meanings:
Any business, governmental agency, municipality or other
nonresidential generator of solid waste requiring off-site disposal.
Livingston County, New York, or any authorized county agency.
A privately or publicly operated facility to which recyclables
can be delivered.
A private or public facility for receiving source-separated
recyclable materials and processing them into marketable commodities.
Any material designated as such by the county, provided that
such material is not hazardous and can be reasonably separated from
the solid waste stream and held for material recycling or reuse value.
Town or county rules and regulations adopted by the Town
or county pertaining to the separation, collection, transportation
and disposal of recyclables, as may be amended from time to time by
the Town or county.
Any person or household who or which produces solid waste
requiring off-site disposal.
All putrescible and nonputrescible solid waste, including
but not limited to materials or substances discarded or rejected as
being spent, useless, worthless or in excess to the owners at the
time of such discard or rejection or being accumulated, stored or
physically, chemically or biologically treated prior to being discarded
or rejected, having served their intended use, or as industrial, commercial
and agricultural waste, sludges from air or water pollution control
facilities or water supply treatment facilities, rubbish, ashes, contained
gaseous material, incinerator residue, demolition and construction
debris and offal, but not including sewage and other highly diluted
water-carried materials or substances and those in gaseous form, special
nuclear or by-product material within the meaning of the Atomic Energy
Act of 1954, as amended, or waste which appears on the list or satisfies
the characteristics of hazardous waste promulgated by the Commissioner
of the Department of Environmental Conservation.
The segregation of recyclables from the solid waste stream
at the point of generation for separate collection, sale or other
disposition.
This Local Law No. 3-1992.
Geneseo, New York.
A commercial waste generator or a residential waste generator.
All persons engaged in the commercial collection, transportation
and/or disposal of solid waste and/or recyclables generated, originated
or brought within the county.
A.
Each commercial and residential waste generator in the Town shall
source separate recyclables from solid waste.
B.
Each waste generator in the Town shall provide for the removal of
recyclables from the property on which they are generated either through
a service provided by the municipality, a private hauler or by direct
haul by the individual waste generator to a disposal location permitted
by law.
C.
Nothing in this article is intended to prevent any waste generator
from making arrangements for the reuse, private collection, sale or
donation of recyclables.
D.
Each waste generator shall provide for the source separation of recyclables
in conformance with the recycling rules and regulations.
A.
All waste haulers doing business in the Town shall offer or cause
to be offered to their customers collection, transportation and disposal
services for recyclables as any such waste hauler offers collection,
transportation and disposal services for solid waste. Unless otherwise
provided in the recycling rules and regulations, such services shall
be provided on the same day(s) as solid waste pickup, transportation
or disposal services are provided.
B.
All waste haulers shall offer a per-bag fee system to promote reduction
of solid waste.
C.
Waste haulers are required to take recyclables to a materials recovery
facility where such materials are recycled.
D.
Waste haulers are required to follow the requirements of the recycling
rules and regulations.
This Town Source-Separation Law shall be primarily administered
by the Town. The county shall be primarily responsible for the development
and implementation of the recycling rules and regulations.
[Adopted 9-1-1994 by L.L.
No. 5-1994]
This article shall be known as the "Solid Waste Management Law
of the Town of Geneseo."
A.
The Town Board finds that the siting, construction and operation
of solid waste management facilities are by their very nature potentially
dangerous to the environment and to the health, safety and general
welfare of the Town's citizens. Their operation threatens to
pollute the air, cause harmful effects to health, contaminate drinking
and groundwater and damage bodies of water providing habitat for aquatic
life.
B.
The Town Board finds that solid waste management facilities may create
or contribute to harmful environmental effects in the Town of Geneseo,
including but not limited to:
(1)
Rail and heavy vehicle traffic bringing waste to solid waste management
facilities generate noise, dust, litter, and odor. This increased
traffic requires additional road maintenance and repair and may cause
safety hazards.
(2)
The operation of solid waste management facilities in an agricultural,
commercial and residential community makes the Town less attractive
to new residents and businesses and adversely affects the property
values and tax base of the Town.
(3)
Exposure to certain substances are likely to cause long-term negative
health effects. It may be impossible or economically prohibitive to
correct these effects.
(4)
The siting, construction and operation of solid waste management
facilities are a matter of community interest. Current, accurate information
regarding the siting, construction and operation of solid waste management
facilities should be available to the Town of Geneseo and its citizens.
C.
The Town Board further finds that solid waste regulation under the
New York State Environmental Conservation Law is inadequate to relieve
the foregoing concerns.
It is the purpose of this article to:
A.
Promote and preserve the health, safety and general welfare of persons
and property within the Town of Geneseo by regulating and monitoring
the siting, construction and operation of solid waste management facilities
within the Town of Geneseo.
B.
Protect the Town's residents from the potential effects of solid
waste management facilities, including:
(1)
Unaesthetic results, including odors, blowing litter, increased traffic,
dust and/or noise.
(2)
Deterioration in property values associated with proximity to solid
waste management facilities.
(3)
Threats to public health or the environment by contamination of air,
land, surface water or groundwater.
C.
Exercise the powers granted to the Town by the Legislature of the
State of New York pursuant to Article 27 of the New York State Environmental
Conservation Law, the Constitution of the State of New York, the New
York State Municipal Home Rule Law and the New York State Town Law
to promote and preserve the safety and general welfare of the Town's
residents.
A.
Unless indicated otherwise herein, the terms and words used in this
article shall have the same meanings as those defined in Article 27
of the Environmental Conservation Law and the regulations promulgated
thereunder, as they may be amended from time to time.
B.
AGRICULTURE AND MARKETS LAW
APPROVED DESIGN CAPACITY
COMPLETED APPLICATION
CONSTRUCTION
DEC
DISPOSAL
ECL
NYCRR
PERSON
SITE
SITING, CONSTRUCTION AND OPERATING LICENSE
SOLID WASTE
SOLID WASTE MANAGEMENT FACILITY
TOWN
TOWN BOARD
As used in this article, the following terms shall have the meanings
indicated:
The New York State Agriculture and Markets Law.
The average daily tonnage to be received at the solid waste
management facility during the quarter in which the most waste is
anticipated to be received, as approved by the DEC. For solid waste
incinerators or refuse-derived fuel-processing facilities or pyrolysis
facilities, "approved design capacity" means the annual rated throughput
capacity of the unit or units for treatment of solid waste as approved
by the DEC.
Any physical modification to the site at which an existing
or proposed solid waste management facility is or will be located,
including but not limited to site preparation (e.g., clearing and
grading, etc.).
The New York State Department of Environmental Conservation.
The placement, discharge, deposit, injection, dumping, spilling,
leaking or placing of any material into or on any land or water so
that such material or any constituent thereof may enter the environment
or be emitted into the air or discharged into groundwater or surface
water.
The New York State Environmental Conservation Law.
The New York Codes, Rules and Regulations.
Any individual, partnership, firm, association, business,
industry, enterprise, public or private corporation, political subdivision
of the state, government agency, municipality, estate, trust or any
other legal entity whatsoever.
The property geographically contiguous to a solid waste management
facility and includes the land area of that facility and its access
roads, appurtenances and land buffer areas.
That license issued by the Town Board pursuant to this article
which allows a person to construct or modify a solid waste management
facility.
Except as described in Section 360-1.2(a)(4)(i) through (vi)
and Section 360-1.15(a), (b) and (c) of Part 360 of Title 6 of the
New York Codes, Rules and Regulations, any garbage, waste tires, ash
residue, refuse, sludge from a wastewater treatment plant, water supply
treatment plant or air pollution control facility and other discarded
materials, including solid, liquid, semisolid or contained gaseous
material, resulting from industrial, commercial, mining and agricultural
operations and from community activities, but does not include solid
or dissolved materials in domestic sewage or solid or dissolved materials
in irrigation return flows or industrial discharges that are point
sources subject to permit under 33 U.S.C. § 1342, as amended
(86 Stat. 880), or source, special nuclear or by-product material,
as defined by the Atomic Energy Act of 1954, as amended (68 Stat.
923), except as may be provided by existing agreements, between the
State of New York and the government of the United States.
Any facility employed beyond the initial solid waste collection
process and managing solid waste, including but not limited to storage
areas or facilities; transfer stations; rail-haul or barge-haul facilities;
landfills; disposal facilities; solid waste incinerators; refuse-derived
fuelprocessing facilities; pyrolysis facilities; C & D debris
processing facilities; land application facilities; composting facilities;
surface impoundments; used oil storage, reprocessing and rerefining
facilities; recyclables handling and recovery facilities; waste tire
storage facilities; facilities which combine, blend or mix solid waste
with other materials; and regulated medical waste treatment facilities.
The term includes all structures, appurtenances and improvements on
the land used for the management or disposal of solid waste.
The Town of Geneseo, Livingston County, New York.
The Town Board of the Town of Geneseo, Livingston County,
New York.
The provisions of this article shall apply to all land within
the Town except that land included within the boundaries of the Incorporated
Village of Geneseo.
A.
The following are not subject to this article:
(1)
Any sewage treatment facility, recycling center, transfer station
or other solid waste management facility currently operated by the
Town, the County of Livingston or any village within the Town on the
effective date of this article.
(2)
Any person, site or facility which treats, stores, compacts, recycles,
exchanges, disposes or otherwise manages solid waste solely at the
site of the initial generation of such waste or at sites within the
Town under common ownership or control of the same person.
(3)
Any agricultural activity exempted by the Agriculture and Markets
Law and the Environmental Conservation Law.
(4)
Any person utilizing yard waste for compost, mulch or other agricultural,
silvicultural, gardening or landscape use on property which that person
owns and which is the source of the yard waste.
A.
All relevant sections of Article 27 of the Environmental Conservation
Law and regulations promulgated thereunder, as amended from time to
time, are deemed to be included within and as part of this article,
and any violation thereof shall be considered to constitute a violation
of this article.
B.
The provisions of this article shall be interpreted in such a manner
as to be consistent with state law, except that this article may provide
more stringent regulation as is specifically recognized and authorized
by Environmental Conservation Law § 27-0711 and may regulate
acts and activities not regulated by state law.
C.
Nothing contained in this article shall be construed to diminish
the obligation of any person to comply with other laws, rules and
regulations heretofore or hereafter promulgated by the State of New
York or any other political subdivision of the state, including the
county and the Town, or any governmental agency.
There shall be no disposal by any person of any solid waste
in or upon any public highway, street, place, building, stream, waterway
or body of water or upon any private lands, other than lands owned
by that person and as specifically authorized herein.
No person shall establish, construct, site, modify or operate
a solid waste management facility partly or wholly in the Town or
receive or accept for treatment, storage or disposal within the Town
any solid waste without a license as provided in this article.
A.
The establishment, construction, siting, modification or operation
of a solid waste management facility partly or wholly within the Town
requires a siting, construction and operating license issued by the
Town Board pursuant to the provisions of this article.
B.
The following acts are deemed to be modifications which require a
siting, construction and operating license:
(1)
Any expansion of the licensed premises or a greater than 10% expansion
of the buildings appurtenant thereto, by acquisition, purchase, lease
or otherwise.
(2)
Any increase in the total quantity of solid waste received during
any quarter at the solid waste management facility by 50% or more
over the total quantity of solid waste received during the comparable
quarter of the preceding year, except where such increase is not in
excess of the approved design capacity of the facility for much period
of time.
(3)
Any increase in the total quantity of solid waste in excess of the
approved design capacity of such solid waste management facility.
(4)
An expansion of the facility by the installation of additional processing
equipment which increases the approved design capacity of that facility
or which changes the process, methods or technology of that facility.
(5)
An expansion by a person, site or solid waste management facility
exempt from license requirements because it treats, stores, disposes
or otherwise manages solid waste solely at the site of generation
or at sites within the Town under common ownership or control by the
same person, such that the person, site or solid waste management
facility now treats, stores, disposes or otherwise manages such waste
which is not generated on-site or at sites within the Town under common
ownership or control by the same person.
(6)
Any material change in the information provided to the Town by the
applicant as part of the license application.
All applications for a siting, construction and operating license
shall include the following:
A.
A completed application upon a form prescribed by the Town Board
and available from the Town Clerk, which application shall include
the full name of the person seeking the license, whether that person
is an individual, corporation, partnership, joint venture or other
legal entity. If the applicant is not an individual, the application
shall set forth the names of all parent corporations, affiliates,
shareholders (if a closely held corporation), officers, board members,
partners, joint venturers or other beneficial owners of the entity
seeking the license and the federal identification number or social
security number of the applicant and all affiliates or individuals
set forth on the application. If the applicant is a corporation, the
applicant shall provide a certificate of good standing from the Secretary
of State of the state of incorporation and, if a foreign corporation,
proof of the filing as a foreign corporation with the New York State
Secretary of State. If the applicant is not a corporation or is a
corporation doing business under an assumed name, the applicant shall
provide certified copies of all documents establishing its authority
to do business in the Town, in accordance with § 130 of
the General Business Law of the State of New York or such other laws
which regulate its business.
B.
In the event that the proposed operator of the solid waste management facility is not the same person as the applicant, then all of the information required by Subsection A above of this section shall also be provided with regard to the proposed operator.
C.
A complete list of all persons holding or owning any property right
in or to the proposed licensed premises other than a holder of a secured
interest in the demised premises or a holder of a right to access
the demised premises pursuant to a utility easement granted to the
Town or any governmental agency.
D.
Copies of all materials submitted to any governmental agency, including
the United States Environmental Protection Agency and the DEC, by
the applicant in connection with the proposed activity or premises.
E.
If the applicant's proposed activity or premises is subject
to a permit or license by any governmental agency, including the United
States Environmental Protection Agency and the DEC, a copy of all
completed applications for such permits or licenses.
F.
A metes and bounds legal description of the boundaries of the proposed
licensed premises.
G.
An instrument survey map(s) prepared by a licensed surveyor, duly
certified to the Town, indicating the boundaries of the proposed licensed
premises, elevations in ten-foot gradients, depth and types of soil
under the proposed licensed premises and adjacent lands within 1,000
feet of its boundaries, together with the name of the reputed owners
of such adjacent lands.
H.
An agreement of the applicant to indemnify and hold harmless the
Town and any officers thereof from any liability which may result
from the siting, construction and operation of a solid waste management
facility.
J.
Submission of an application to the Town Board for the issuance of
a siting, construction and operating license shall authorize the Town
Board and/or their designated agents to enter upon and inspect the
licensed premises during the application process and during the term
of the license, if granted, for the purposes of determining compliance
with this article.
A.
An applicant for a siting, construction and operating license shall
deposit with the Town an application fee as determined by resolution
of the Town Board. The application fee which initially shall be no
more than $50,000 is to be utilized by the Town, as needed, to pay
for all fees, costs and disbursements incurred by the Town in processing
the application, including but not limited to independent legal, engineering
and technical consultant fees, stenographic charges and any other
fees, costs and disbursements incurred by the Town in the application
process, including SEQRA review. The application fee shall be maintained
in a separate Town fund, which funds may be appropriated by the Town
in accordance with the terms of this article. In the event that the
application fee is insufficient to cover the fees, costs and disbursements
incurred by the Town in processing the application, the Town shall
provide the applicant with an invoice of the fees, costs and disbursements,
and the applicant shall be obligated to pay the Town such additional
fees, costs and disbursements within 30 days from receipt of that
invoice by the Town. The Town shall return to the applicant any portion
of the permit application fee which has not been expended, regardless
of whether the application has been approved or denied. In the event
that there is more than one applicant, any refunds shall be allocated
among the applicants on a pro rata basis as determined by the Town
Board.
B.
In the event that the applicant fails or refuses to pay such additional
fees, costs and disbursements for any reason within 30 days of its
receipt of an invoice, the Town may suspend review of the application.
Failure or refusal to reimburse the Town for expenses incurred may
be a basis for refusal of the license application or revocation of
an existing license. The applicant shall be responsible for all additional
fees, costs and disbursements, including reasonable attorneys fees
incurred in the collection of any invoiced items.
A.
Any person who proposes to establish, construct, site, modify or
operate a solid waste management facility in the Town shall submit
a completed application for a siting, construction and operating license
to the Town Board prior to commencement of any such activity.
B.
Upon receipt of a completed application, the Town Board shall issue
to the applicant a written notice of completed application. The Town
Board shall hold a public hearing concerning the license application
within 60 days of the Town Board's issuance of a written notice
of completed application or such longer period as may be agreed upon,
in writing, by the Town Board and the applicant. The Town Board shall
conduct a public hearing on the application after the Town Board has
issued public notice of the hearing at least 10 days prior to the
date of the hearing, the applicant has served written notice of the
hearing upon all landowners contiguous to the proposed boundaries
of the licensed premises at least 10 days prior to the date of the
hearing and the applicant has provided written proof of such service
to the Town Board. The public hearing shall be recorded by a stenographer,
and a transcript of the proceedings shall become a part of the application.
In the event that said hearing shall not be completed in one day,
the hearing may be adjourned to subsequent day(s) without the necessity
of republishing notice of the hearing. The Town Board shall have the
ability to incorporate any public comments of record which have been
filed with the DEC into the record for consideration of the application.
The Town Board shall have the right to provide a copy of the transcript
or a summary thereof to the DEC for consideration as part of its review
process.
C.
The Town Board's decision to grant or deny the license shall
be based upon its review and determination of the following issues:
(1)
Whether the applicant's proposal is in compliance with all applicable
laws and regulations.
(2)
Whether the applicant's proposal will significantly impact,
benefit or threaten the environment or the health, safety and general
welfare of the community and the Town's citizens.
(3)
Whether the applicant has demonstrated adequate contingency plans
for corrective or remedial action which may be necessitated by factors,
including any contamination or release of toxic materials attributable
to the solid waste management facility's operation, equipment
malfunctions and natural disaster or casualty (such as flood or fire).
(4)
Whether the applicant has demonstrated an adequate program for closure
of the solid waste management facility, to be implemented when use
of that facility or a part of that facility permanently terminates
or is out of service for more than 60 days.
(5)
Whether the applicant, its parent corporations, affiliates, shareholders
(if a closely held corporation), officers, board members, partners,
joint venturers or other beneficial owners have complied and are in
compliance with the requirements of any license or permit issued by
any governmental agency or subdivision and have complied and are in
compliance with all applicable laws and regulations.
(6)
Whether the applicant has received all permits or licenses issued
by any governmental agency in connection with the proposed activity
or premises.
D.
Within 120 days following receipt of a completed application or 30
days subsequent to the issuance of all permits or licenses issued
by any governmental agency in connection with the proposed activity
or premises or such longer period as may be agreed upon, in writing,
by the Town Board and the applicant, the Town Board shall notify the
applicant, in writing, of its decision to either grant or deny the
license.
E.
In granting or denying a license, the Town Board shall make findings
of fact and state in a written notification to the applicant the reasons
for such grant or denial, as the case may be.
The term of the siting, construction and operating license issued
shall be determined by the Town Board, but shall be no less than one
year and no more than 10 years. In those circumstances where a permit
has been issued to the applicant by the DEC pursuant to Part 360 of
Title 6 of the New York Codes, Rules and Regulations for the proposed
activity or premises, the term of the siting, construction and operating
license shall be equal in length to the duration of the DEC permit.
A.
The Town Board may issue a license containing such conditions and
limitations deemed by the Town Board to be necessary for the protection
and preservation of the health, safety and general welfare of the
Town's residents.
B.
Every siting, construction and operating license issued pursuant
to this article shall be conditioned upon the license holder's
acceptance of solid waste exclusively from solid waste haulers and/or
transporters who possess all required permits and/or licenses from
the DEC and all other appropriate governmental agencies.
C.
All solid waste shall be transported in compliance with required
manifests, if any.
D.
Every siting, construction and operating license issued pursuant
to this article shall require the license holder to submit simultaneously
to the Town copies of any monitoring reports or other information
which the license holder submits to the DEC or other governmental
agencies during the term of such license.
E.
The siting, construction and operating license shall be conspicuously
displayed at all times in the principal office of the license holder
located at the licensed premises.
F.
The license holder shall immediately provide to the Town copies of
any notices of noncompliance, cease and desist orders, notices of
fines or penalties, notices of revocation or suspension of any license
or permit or any other written directives received from any governmental
entity issued to the license holder, its affiliates, shareholders
(if a closely held corporation), officers, board members, partners,
joint venturers or other beneficial owners of the license holder.
G.
The license holder shall immediately provide to the Town copies of
all notices and pleadings regarding claims, actions, suits or proceedings,
pending or threatened, against the license holder or licensed premises,
which could cause the incurrence of expenses or costs of any kind
or which seek money damages, injunctive relief, remedial action or
other legal remedy.
All licenses issued pursuant to this article are transferable
only upon prior written approval of the Town Board and a clear and
convincing demonstration that the prospective transferee will be able
to comply with applicable laws and regulations, permit conditions
and other requirements to which the prospective transferor is subject.
In determining whether to approve any transfer of a license, the Town
Board shall also consider whether the prospective transferee, its
parent, corporations, affiliates, shareholders (if a closely held
corporation), officers, board members, partners, joint venturers or
other beneficial owners have complied and are in compliance with the
requirements of any license or permit issued by any governmental agency
or subdivision and have complied and are in compliance with all applicable
laws and regulations. For the purposes of this article, a transfer
by the license holder shall include, but is not limited to, any type
of transfer or assignment of a controlling interest in or to the license
holder.
A.
As a condition of the issuance of any siting, construction and operating
license, the Town Board shall require bonds or insurance issued by
a bonding, surety or insurance company (which is rated by Best's
no less than "AAA" or its equivalent) acceptable to and in an amount
set by the Town Board, including the following:
(1)
Performance bond, to ensure the proper performance of the work and
siting of the facility pursuant to the details of the application,
the dictates of this article and any other local or state law.
(2)
Penalty bond, to ensure that all penalties levied and judgments secured
pursuant to this local law are promptly tendered and satisfied.
(3)
Liability insurance, to cover injuries to person and property.
(4)
Such bonds or insurance to ensure that all costs and potential liabilities
related to closure are covered.
B.
The Town reserves the right to require that the Town be a named insured
on any policy required hereunder.
C.
The terms and conditions of all such bonds and insurance shall be
clearly set forth in detail on the license, including the amount of
such bonds and insurance.
A.
Any holder of a siting, construction and operating license who intends
to continue construction or operations beyond the period of time covered
in such license must file for reissuance of such license at least
180 days prior to its expiration. Filing for reissuance shall be made
by the license holder on a form prescribed by the Town Board and available
from the Town Clerk or, if no such form is prescribed, then on the
same form as was previously filed. The provisions of this article
relative to submittal and processing of initial applications, including
payment of the filing fee and costs, shall apply to reissuance applications
under this section.
B.
Upon review of a reissuance application, the Town Board shall consider the same issues as set forth in § 86-19 of this article and utilize the same process of review as employed in the consideration of the original application.
C.
The Town Board may reissue the original license, deny reissuance
or issue a license subject to different and additional conditions
and limitations in order to secure compliance with the provisions
of this article or the original license.
A.
After notice to the license holder and a public hearing, any license
issued pursuant to this article may be modified, suspended or revoked,
in whole or in part, during its term for cause, including but not
limited to the following:
(1)
Violation of any part of this article or any other provision of the
Town Code of the Town of Geneseo.
(2)
Violation of any condition, limitation or term of a license issued
under this article.
(3)
Obtaining a license by misrepresentation or a failure to fully disclose
all relevant facts.
(4)
Materially false or inaccurate statements or information in a license
application.
(5)
Noncompliance with requirements of any license or permit issued by
any governmental entity.
(6)
Cancellation of any insurance, bond or surety required by the Town
Board.
(7)
If continuation of the license would have a significantly negative
impact upon the environment or the health, safety and welfare of the
general public.
B.
In modifying, suspending or revoking a license, the Town Board shall
make findings of fact and state in a written notification to the license
holder the reasons for such modification, suspension or revocation,
as the case may be.
A.
The Town Board and its authorized agents may inspect each solid waste
management facility licensed under the provisions of this article
as often as they deem necessary. For the purposes of making such inspection,
the Town Board and its authorized agents shall have open, unlimited,
unrestricted and immediate access to all facilities licensed hereunder.
B.
License holders shall maintain all records concerning the siting,
construction and operation of a solid waste management facility licensed
under the provisions of this article, and such records shall be open
to inspection by the Town Board and its authorized agents at any time
during hours normal to that facility operation or within 48 hours
of receipt of any written request from the Town, whichever is sooner.
A.
The Town Board may, in its discretion, appoint persons with suitable
qualifications as either full- or part-time site monitors for the
Town. Site monitors shall have authority:
(1)
To monitor any facility issued a siting, construction and operating
license pursuant to the provisions of this article and to determine
whether the license holder is complying with all zoning requirements[1] and the requirements of all Town laws and ordinances.
(2)
To report to the Town Board, at such times as the Town Board requires,
as to the operation of such facility.
(3)
To test all materials deposited in or placed upon any such facility
and to test any surface or groundwaters and/or soils within or adjacent
to said facility and to conduct any other environmental tests as he
or she may deem necessary or advisable.
B.
All fees, costs and disbursements relating to site monitoring under
this section are to be borne by the license holder. The license holder
shall be obligated to pay these fees, costs and disbursements for
site monitoring which have been incurred by the Town during the course
of each month, as set forth by the Town in an invoice provided to
the license holder. In the event that the applicant fails or refuses
to pay the invoiced amounts for any reason within 20 business days
of the invoice, the Town may suspend the license and/or call a previously
posted bond or letter of credit for payment of the obligation. Failure
or refusal to reimburse the Town for expenses incurred may be a basis
for revocation of the license. The license holder shall be responsible
for all additional costs, disbursements and reasonable attorneys fees
incurred in the collection of any invoiced items.
A.
Whenever, on the basis of any information available to him, the site
monitor has reason to believe that the license holder is in violation
of any requirement of this article or any license condition, the site
monitor shall notify the license holder, the DEC and the Town Board.
B.
When, on the basis of any information available to him, the site monitor determines that any condition or practice exists or that any license holder is in violation of any requirement of this article or any license condition, which condition, practice or violation also creates an imminent danger to the health or safety of the public or is causing or can reasonably be expected to cause significant, imminent environmental harm to land, air or water resources, the site monitor shall immediately order a cessation of all work and operations at the solid waste management facility or the portion thereof relevant to the condition, practice or violation. Such cessation order shall remain in effect until the site monitor determines that the condition, practice or violation has been abated or until modified, vacated or terminated by the site monitor pursuant to Subsection C of this section. Where the site monitor finds that the ordered cessation of work and operations or any portion thereof will not completely abate the imminent danger to health or safety of the public or the significant, imminent environmental harm to land, air or water resources, the site monitor shall, in addition to the cessation order, impose affirmative obligations on the license holder requiring it to take whatever steps the site monitor deems necessary to abate the imminent danger or the significant environmental harm.
C.
Notices and orders issued pursuant to this section shall set forth
with reasonable specificity the nature of the violation and the remedial
action required and a reasonable description of the portion of the
solid waste management facility to which the notice or order applies.
Each notice or order issued under this section shall be given promptly
to the license holder by the site monitor who issues such notice or
order, and all such notices and orders shall be in writing and shall
be signed by the site monitor. Any notice or order issued pursuant
to this section may be modified, vacated or terminated by the site
monitor. A copy of any such order or notice shall also be sent to
the DEC and the Town Board. Any notice or order issued pursuant to
this section which requires cessation of work and operations shall
expire within 30 days of actual notice to the license holder unless
a public hearing is held. Within 14 days of the completion of the
hearing, the Town Board shall make written findings of fact and determine
whether such condition or practice exists or that the license holder
is in violation of any requirement of this article or any licensed
condition. If the Town Board does not make these written findings
of fact and determinations within 14 days of the completion of the
hearing, then the notice or order which requires cessation of work
and operations shall expire.
D.
Nothing herein shall be construed so as to eliminate any additional
enforcement rights or procedures which are available under federal,
state or local law, but which are not enumerated here.
A.
Upon a violation by any person of this article or any license issued
hereunder, the Town Board shall be also entitled to obtain an injunction
against such person prohibiting further violations and, in addition,
ordering that any solid waste illegally disposed of be removed from
the Town and ordering that any land on which solid waste is illegally
disposed of be restored as nearly as possible to its former condition
by the removal of any waste illegally disposed of and by such other
restorative measures as are available; and further ordering that the
license holder remedy any effects of the violation on surrounding
or adjacent properties or resources, including, without limitation,
soil, air, crops, bodies of water, wetlands, and groundwaters.
B.
For any violation of this article or any license issued hereunder,
the violator shall also be subject to a civil penalty of up to $25,000
for each violation. Each day of noncompliance shall be a separate
and distinct offense. The Town shall be entitled to recover such penalties
in an action at law in any court of competent jurisdiction.
C.
Upon an action for injunctive relief or for a civil penalty hereunder,
the Town shall be entitled to a further award and judgment for its
costs, disbursements and reasonable attorneys' fees in connection
therewith.
D.
Any person who takes part in or assists in any violation of this
article shall also be personally subject to and liable for the penalties
provided herein.
A.
Pursuant to the zoning laws of the Town, any solid waste management
facility is subject to the issuance of a special use permit. Said
permit shall be issued as a part of any license to operate, but shall
be separate and distinct and not be merged therein.
B.
Any new, extended or expanded facility shall not be deemed to be
a prior nonconforming use or preexisting use under the zoning laws,
but shall be deemed to be, in the instance of any license issued hereunder,
a new land use.
C.
Solid waste management facilities shall be operated within the Town
only in those areas so permitted by the Town's zoning laws.
A.
This article shall be deemed to supersede any other ordinances and
local laws to the extent inconsistent herewith.
B.
If any part of this local law shall be judicially declared to be
invalid, void, unconstitutional or unenforceable, all unaffected provisions
hereof shall survive such declaration, and this article shall remain
in full force and effect as if the invalidated portions had not been
enacted.
C.
Nothing herein shall be deemed to be a waiver of or a restriction
upon any rights and powers available to the Town to further regulate
the subject matter of this article.
