[HISTORY: Adopted by the Town Board of the Town of Geneseo as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building code administration — See Ch. 57.
Landfill — See Ch. 70.
Zoning — See Ch. 106.
[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:
COMMERCIAL WASTE GENERATOR
Any business, governmental agency, municipality or other nonresidential generator of solid waste requiring off-site disposal.
COUNTY
Livingston County, New York, or any authorized county agency.
DROPOFF CENTER
A privately or publicly operated facility to which recyclables can be delivered.
MATERIALS RECOVERY FACILITY
A private or public facility for receiving source-separated recyclable materials and processing them into marketable commodities.
RECYCLABLES
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.
RECYCLING RULES AND REGULATIONS
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.
RESIDENTIAL WASTE GENERATOR
Any person or household who or which produces solid waste requiring off-site disposal.
SOLID WASTE
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.
SOURCE SEPARATION
The segregation of recyclables from the solid waste stream at the point of generation for separate collection, sale or other disposition.
SOURCE-SEPARATION LAW
This Local Law No. 3-1992.
TOWN
Geneseo, New York.
WASTE GENERATOR
A commercial waste generator or a residential waste generator.
WASTE HAULER
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. 
As used in this article, the following terms shall have the meanings indicated:
AGRICULTURE AND MARKETS LAW
The New York State Agriculture and Markets Law.
APPROVED DESIGN CAPACITY
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.
COMPLETED APPLICATION
An application meeting all requirements of §§ 86-16, 86-17 and 86-18 of this article.
CONSTRUCTION
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.).
DEC
The New York State Department of Environmental Conservation.
DISPOSAL
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.
ECL
The New York State Environmental Conservation Law.
NYCRR
The New York Codes, Rules and Regulations.
PERSON
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.
SITE
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.
SITING, CONSTRUCTION AND OPERATING LICENSE
That license issued by the Town Board pursuant to this article which allows a person to construct or modify a solid waste management facility.
SOLID WASTE
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.
SOLID WASTE MANAGEMENT FACILITY
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.
TOWN
The Town of Geneseo, Livingston County, New York.
TOWN BOARD
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.
B. 
None of the foregoing exemptions shall be construed to permit any activity contrary to existing building codes,[1] Town ordinances, Town laws or any other state or local law.
[1]
Editor's Note: See Ch. 57, Fire Prevention and Building Code Administration..
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.
I. 
Such other data and information which the Town Board may reasonably require, including an environmental impact statement, as defined in the State Environmental Quality Review Act,[1] if appropriate.
[1]
Editor's Note: See Article 8 of the Environmental Conservation Law.
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. 
All applications shall be accompanied by evidence of authority to sign the application and shall be signed as follows:
(1) 
Corporations: by a duly authorized officer of at least the level of vice president, accompanied by a certified copy of the authorizing corporate resolution.
(2) 
Partnerships: by a general partner.
(3) 
Sole proprietorships: by the proprietor.
B. 
All applications shall be sworn to by or on behalf of the applicant with respect to all statements of fact therein under penalty of perjury.
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.
[1]
Editor's Note: See Ch. 106, Zoning.
(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.
[1]
Editor's Note: See Ch. 106, Zoning.
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.