[HISTORY: Adopted by the Town Board of the Town of Albion 8-27-1990
by L.L. No. 2-1990.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Junk dealers — See Ch. 68.
Recycling — See Ch. 84.
Solid waste management facilities — See Ch. 87.
Abandoned vehicles — See Ch. 95.
Zoning — See Ch. 103.
[1]
Editor's Note: This local law supersedes former Ch. 49, Dumps and
Dumping, adopted 9-22-1981, as amended.
This chapter shall be known as the "Landfill, Dumps and Dumping Law
of the Town of Albion."
It is the purpose of this chapter to promote the health, safety and
general welfare of the residents of the Town of Albion by the proper monitoring
and regulation of land use and disposal areas known as "sanitary landfills"
and the activities attendant thereto, to otherwise prohibit the dumping of
material in the Town of Albion, except as permitted in said landfills, and
to prohibit the open burning of refuse, in conformity with, and continuation
of, the powers granted to the Town of Albion by the Legislature of the State
of New York pursuant to Article 27, Title 7, of the Environmental Conservation
Law (hereafter "ECL") and such other statutes and rights conferred to the
Town of Albion under the Constitution of the State of New York, the Municipal
Home Rule Law, the Vehicle and Traffic Law and the Town Law.
As used in this chapter, the following terms shall have the meanings
indicated:
The residues of the combustion or solid fuels such as wood, coal,
coke or charcoal or the incineration of solid waste or the like.
The New York State Department of Environmental Conservation.
[1]The alteration of land by any means which results in a modification of the land contours through the addition or deletion of soil or other nonrefuse inert material. This definition shall not include tilling of lands, landscaping of residences, commercial or industrial buildings which are authorized by a duly issued building permit pursuant to Chapter 58 of the Town Code or any activities which are specifically reserved to the Department of Environmental Conservation.
Includes any putrescible wastes, except hazardous waste, sewage and/or
sludge. Examples include animal, fish, fowl, fruit or vegetable produce grown,
made or produced from or resulting from the growth, processing, use or storage
of food for human consumption, which includes spoiled food and dead animals
found within the Town of Albion.
Those materials as currently defined as such in 6 NYCRR Part 371
and as it may be amended from time to time.
[2]Includes any individual, partnership, corporation, unincorporated
association, firm, club, society of persons and/or not-for-profit corporation.
The singular designation of the male gender hereby includes the plural, feminine
and neuter.
Any nuclear or by-product material as defined by the Atomic Energy
Act of 1954, as amended (68 Stat. 923).
Includes nonputrescible or putrescible hazardous or nonhazardous
waste, including but not limited to wood, rags, excelsior, straw, cardboard,
leather, soil, sweepings from buildings or other structures, tree trimmings,
shrubbery, leaves, grass, trees, cans, glass, abandoned or unlicensed automobiles,
tires, metal products, automotive parts, glassware, pottery, asphalt products
or other construction debris and other discarded articles of a similar nature.
[Amended 8-12-2002 by L.L.
No. 1-2002]
Any discarded materials, substances or objects, including garbage,
refuse, sludge and industrial or commercial waste, including without limitation
any items defined as "solid waste" pursuant to 6 NYCRR Part 360-1 as currently
embodied or as it may from time to time be amended.
Any transporter of garbage, refuse, hazardous waste or solid waste,
who receives compensation or remuneration either directly, indirectly or by
virtue of trade or barter. This definition shall include those transporters
of waste who are licensed pursuant to Article 27, Title 7, of the ECL and
any business which transports waste for disposal at the landfill for its own
account. It shall not include persons who are transporting materials generated
by their own residential, noncommercial activities or persons who are transporting
material which is derived from their own agricultural enterprise.
[1]
Editor's Note: The former definitions of DISPOSE and DUMP, which immediately
followed this entry, were repealed 3-11-1996 by L.L. No. 2-1996 and subsequently
repealed 5-28-1996 by L.L. No. 4-1996.
[2]
Editor's Note: The former definitions of INDUSTRIAL WASTE, of LANDFILL,
of MATERIAL, of OPEN BURNING, and of OPERATOR, which immediately followed
this entry, were repealed 3-11-1996 by L.L. No. 2-1996 and subsequently repealed
5-28-1996 by L.L. No. 4-1996.
A.Â
The provisions of this chapter shall apply to all land
within the Town of Albion. Owners or lawful occupants of lands comprising
more than five acres of agricultural land may dispose of waste products upon
said lands as hereinafter provided.
B.Â
The owners or lawful occupants of lands comprised of
more than five acres of agricultural land in the Town of Albion may establish
upon such property a location or locations to dump and dispose of refuse derived
from agricultural products grown or produced on said lands. Such refuse depositories,
however, shall not despoil other properties or emit offensive odors or fumes
and shall be at least 500 feet from any public highway or any boundary line
of said farm. Throwing or depositing upon such refuse depository materials
other than refuse, or refuse which originates from points other than the owners'
or lawful occupants' property, is prohibited.
C.Â
The foregoing shall not be construed to prohibit the
lawful and permitted landspreading of septage by state-permitted haulers.
D.Â
The owners or occupants of land disposing of residential
or private agricultural growth, such as leaves, grass clippings and/or garden
materials, or who are composting in a noncommercial fashion for their private
benefit on their own property, shall not be in violation of this chapter.
No person shall use any of the lands, streams, waterways, bodies of
water or airspace rights within the Town of Albion as a dump. Landfills lawfully
licensed in accordance with the provisions of this chapter are permissible
under this chapter.
Except as otherwise permitted pursuant to this chapter relative to a
licensed landfill, no person shall transport, bring or cause to be transported
or brought into the Town, or shall throw, dump, deposit or cause to be thrown,
dumped or deposited in the Town of Albion, any ash, garbage, refuse, solid
waste or hazardous waste material from any source whatever originating outside
of the Town of Albion.
[1]
Editor's Note: Former § 49-7, Hazardous or radioactive wastes,
was repealed 3-11-1996 by L.L. No. 2-1996 and subsequently repealed 5-28-1996
by L.L. No. 4-1996.
 No person shall throw, deposit, cause or participate in the throwing or depositing of any garbage, ashes, refuse, solid waste or hazardous waste material in or upon any public highway, street, place, air right, building, stream, waterway or body of water or upon any private lands, other than lands owned by him and as specifically authorized by this chapter, except as otherwise permitted in this chapter. A violation of this section, except as relates to hazardous waste, shall be a violation of § 49-17D. A violation of this section as relates to hazardous wastes shall be a violation of § 49-17E.
No person shall suffer or permit garbage, ashes, refuse, solid waste or hazardous waste to collect or remain upon premises owned or occupied by him so that the same shall become harmful to the environment or to the public health, unsightful or offensive to any person or property, except as otherwise authorized in this chapter. A violation of this section, except as relates to hazardous waste, shall be a violation of § 49-17D. A violation of this section as relates to hazardous wastes shall be a violation of § 49-17E.
[1]
Editor's Note: Former § 49-10, License required, was repealed
3-11-1996 by L.L. No. 2-1996 and subsequently repealed 5-28-1996 by L.L. No.
4-1996.
Unlicensed filling and/or grading is prohibited.
A.Â
The owner, or lawful occupant of lands with the express
written, notarized approval of the owner thereof, may apply for a filling
and grading license in accordance with this section.
B.Â
An application for a filling and grading license may be obtained from the Town Clerk. The application must be fully completed, executed and acknowledged before a notary public under penalty of perjury of law and accompanied by an application fee in accordance with Subsection C below. Said application shall authorize the Town Board or its designated agent the right to enter upon and inspect the premises for the purposes of determining compliance with this chapter.
C.Â
The filing fee for a permit application shall be a nonrefundable
sum of $25.
[Amended 3-9-1998 by L.L.
No. 1-1998]
D.Â
In authorizing the issuance of any license, the Town
Board may include such conditions and limitations as it deems reasonably necessary
or advisable to safeguard the health, welfare, safety and public interest
of the residents of the Town, including but not limited to financial commitments
or bonds to insure the completion of the filling and grading in accordance
with the filed plans.
E.Â
Each application shall provide:
(1)Â
The full name of the person seeking a permit, whether
that person is an individual, corporation, partnership, joint venture or other
legal entity. If the applicant is not a person, 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 a permit and the federal
identification number or social security number of the applicant and all affiliates
or individuals set forth in the application. If the applicant is a corporation,
the applicant shall also provide a certificate of good standing from the Secretary
of State of the state of incorporation and, if a foreign corporation, the
filing as a foreign corporation with the 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 of Albion, in accordance with § 130
of the General Business Law of the State of New York or such other laws which
regulate the specific nature of its business entity.
(2)Â
The boundaries of the proposed premises upon which filling
and grading is to occur, as set forth on a map of survey by a licensed surveyor,
duly certified to the Town of Albion. The map of survey shall be annexed to
the application.
(3)Â
A description of the source of soil to be utilized in
the filling and grading, including but not limited to anticipated amount location
of the source and, if the source is not the applicant, a verified statement
by the owner of the source as relates to availability of the soil for filling
and grading.
(4)Â
The anticipated commencement and completion dates.
(5)Â
The names of all authorized contractors, entities or
businesses which will participate in the filling and grading, document preparation
or supervision of the project.
A.Â
No waste hauler shall be permitted to deposit, offload,
load, store, deliver or transport for delivery to a duly licensed landfill
within the Town of Albion without having first applied for and received a
waste hauler's license from the Town of Albion. The purpose of said license
is to regulate the collection and disposition of solid waste in the Town of
Albion, to permit the Town to regulate and monitor the disposition of material
at any duly licensed landfill and to ensure compliance with the requirements
of any conditions or limitations in the operation of any licensed landfill
by waste haulers.
B.Â
No waste hauler shall transport material to a licensed landfill within the Town of Albion in excess of the authorized truck weight limits of the State of New York. A violation of this section shall be enforced pursuant to § 49-17F.
C.Â
An application for a waste hauler's license shall be
available at the Town Clerk's office.
D.Â
A license application shall be completed for each vehicle,
regardless of the number of drivers thereof. In the event that more than one
driver may or does operate the vehicle, complete disclosure for each driver
shall accompany the initial application and be supplemented as set forth below.
E.Â
The following minimum information shall be provided in
each application:
(1)Â
As relates to the vehicle:
(a)Â
The make, model and year of the vehicle.
(b)Â
The vehicle identification number.
(c)Â
The title owner of the vehicle and name that the vehicle
is registered in.
(d)Â
The state of registration, date of last annual renewal
of registration and date of last inspection of vehicle.
(e)Â
The name of the insurance carrier for the vehicle; if
a New York licensed vehicle, a photocopy of the insurance identification card
for the vehicle.
(f)Â
If the vehicle is intended to be used for the transportation
of hazardous waste, a copy of the current permit from DEC authorizing hazardous
waste transport.
(2)Â
As relates to each driver:
(a)Â
The full legal name, address and date of birth.
(b)Â
The state of issuance of the driver's license, identification
number and social security number. Each driver shall provide a photocopy of
each side of his driver's license.
(c)Â
A verified statement by each driver that his driver's
license is valid, not currently subject to suspension or revocation and is
the sole driver's license possessed by that driver. If the driver has more
than one license, an explanation must be annexed to the application.
(d)Â
A photocopy of any Department of Transportation driver's
permit or medical review card required by any state or federal agency for
the driver of the vehicle.
F.Â
In addition to the application, a licensing fee of $100
shall accompany the application.
G.Â
Upon receipt and verification of the application information,
the Town Clerk shall issue a waste hauler's license to the applicant. The
term of such license shall be one year. The license issued shall be for the
vehicle listed and shall not be valid for any other vehicle. The license shall
extend to all drivers listed by the applicant and as shall be supplemented
on at least a quarterly basis. The license shall not be valid for any other
vehicle or drivers. In the event that a waste hauler has failed to comply
with any reporting requirements provided for in this chapter, the Town Clerk
shall not issue a new or amended license, without the express permission of
the Town Board.
H.Â
Amendment of the license. In the event that a material
change occurs to the license, the applicant shall file an amendment with the
Town Clerk within 10 days of the change. A "material change" is defined as
including but not limited to any change in ownership of the vehicle, change
in the state of vehicle registration, change in insurance carrier or coverage
thereunder, modification, suspension, expansion or expiration of any hazardous
waste permit possessed by the waste hauler for material to be deposited in
any landfill licensed in the Town of Albion, the loss or expiration of any
license, medical card or other material change which affects the licensed
operation of a vehicle by a driver. The applicant may, for purposes of keeping
the listed drivers employed by the applicant current, supplement the list
on a quarterly basis, provided that this supplementation shall not relieve
the applicant of reporting a material change.
I.Â
If any duly filed amendment shall require the reissuance
or modification of information contained in the license, an amendment fee
of $20 shall be included with the amendment, to provide for clerical expense.
If the amendment does not require the reissuance of a license, there shall
be no charge for the filing of the amendment. Quarterly supplementation of
the driver's list shall not require reissuance of the information contained
in the license.
J.Â
Reporting requirements.
(1)Â
All waste haulers shall comply with any reporting conditions
required by duly adopted rules pursuant to this chapter. The Town Board may
adopt such reporting conditions as it deems necessary to assure compliance
by any waste hauler with the provisions of this chapter.
(2)Â
In the event that any waste hauler has transported material
regulated pursuant to Article 27, Title 7, of the ECL to any landfill in the
Town of Albion, the waste hauler shall file an activity report on forms provided
by the Town of Albion within five business days of the activity. This reporting
requirement shall be independent of any reporting requirements by the landfill
operator to the Town of Albion.
K.Â
Failure to report, or inaccurate reporting, as required in Subsection J shall be a basis for revocation, suspension or nonrenewal of a waste hauler's license by the Town Clerk.
L.Â
In the event that a licensee fails to report, or reports
inaccurately, a deficiency, notice will be sent by first-class mail to the
licensee by the Town Clerk or other authorized individual. The licensee shall
purge the deficiencies within three business days or the license shall be
automatically suspended. If there is a reasonable basis to believe that the
failure to report or inaccurate reporting is as a result of persistent conduct,
having occurred more than four times with the same licensee in any one year,
or is the result of willful conduct, the license may be immediately suspended
pending determination.
M.Â
Any application for a waste hauler's license, or any
license or renewal thereof, may be denied if the vehicle to be used is not
properly designed or constructed to haul the material to be transported.
(1)Â
The bodies of all vehicles used to haul, transport or
dispose of refuse or other solid waste to the landfill should be of metal
or other impervious material. All vehicles shall be constructed and maintained
so as to prevent refuse from accumulating in or on the body of the vehicle
and shall be capable of being completely emptied.
(2)Â
Any vehicle used to haul garbage, wet or dry, shall,
in the garbage storage area, be of the packer or similar type and have a fully
enclosed body or other approved type to minimize the escape of any noxious
or disagreeable odors or the escape of any of the vehicle's contents, either
liquid or solid.
(3)Â
Any vehicle, the use of which is intended for refuse
such as trash, rubbish, empty boxes, papers, grass and tree trimmings, cans,
bottles and all similar material, may be of the open body type but shall be
equipped with appropriate fastenings and cover or tarpaulin to prevent the
blowing off, spilling or scattering of the same along the route of the haul.
[1]
Editor's Note: Former § 49-13, Compliance with zoning laws,
was repealed 3-11-1996 by L.L. No. 1-1996.
[1]
Editor's Note: Former § 49-14, Landfill license, was repealed
3-11-1996 by L.L. No. 2-1996 and subsequently repealed 5-28-1996 by L.L. No.
4-1996.
[1]
Editor's Note: Former § 49-15, Fee; duration and limits
on licenses, was repealed 3-11-1996 by L.L. No. 2-1996 and subsequently repealed
5-28-1996 by L.L. No. 4-1996.
[1]
Editor's Note: Former § 49-16, Restrictions and requirements,
was repealed 3-11-1996 by L.L. No. 2-1996 and subsequently repealed 5-28-1996
by L.L. No. 4-1996.
A.Â
The Town Board, Building Inspector and Town Attorney,
or a duly resolved representative of the Town, are authorized to commence
a proceeding for violation of this chapter.
B.Â
A violator of either the civil or criminal sections of
this chapter do not create a private right of action.
C.Â
Any violation involving the transporting of material
shall be a separate offense for each load transported. Any other violation
which continues for a period beyond 12:00 p.m. of the first day shall be deemed
to constitute a separate violation on the following, and for each and every
other following, day.
D.Â
A violator of this chapter punishable under this subsection
shall be guilty of a violation of the law, punishable by a fine of not more
than $250 per offense, 15 days in the county jail, or both, and upon failure
to pay said fine shall be imprisoned in the Orleans County Jail.
E.Â
A violator of this chapter punishable under this subsection
shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000
per offense, one year in the county jail, or both, and upon failure to pay
said fine shall be imprisoned in the Orleans County Jail.
F.Â
A violation of § 49-12B by any vehicle or combination of vehicles whose weight exceeds the maximum weight authorized for transportation of material pursuant to § 385 of the New York Vehicle and Traffic Law shall be punishable by fines against the licensee waste hauler, whether or not at the time of the violation the licensee was the actual driver of said vehicle, in accordance with the following schedule. Any incident involving more than 50% of excess weight shall also require a suspension of the waste hauler's permit for a period not less than five days nor more than 30 days for the first offense. For subsequent offenses totaling not more than 10 within a permit year, the suspension shall be not less than 10 nor more than 60 days.
|
    Percentage of Excess Weight
| |||
|---|---|---|---|
|
Greater Than
|
Less Than or Equal to
|
Amount of Fine
| |
|
0
|
10.0
|
$100.00
| |
|
10.0
|
20.0
|
$200.00
| |
|
20.0
|
30.0
|
$500.00
| |
|
30.0
|
40.0
|
$2,000.00
| |
|
40.0
|
50.0
|
$4,000.00
| |
|
50.0
|
$6,000.00
| ||
G.Â
The Town Board, in its sound discretion, is empowered
to civilly compromise any criminal violation of this chapter upon such conditions
and terms as it in its sole discretion deems appropriate.
Any person, his agents, servants, employees or officers who shall have
been found to have violated any section of this chapter or who are convicted
of a violation hereof may thereafter be denied the ability to secure further
licenses or renewals or restorations thereof and/or be prohibited from the
use of any other licensed operation, either temporarily or permanently.
Nothing contained in this chapter shall be deemed to diminish the obligation
of any licensee to comply with other laws, rules and/or regulations heretofore
and hereafter promulgated by the State of New York, DEC, Department of Transportation
or other municipality of competent jurisdiction.
Any local law or ordinance of the Town of Albion regulating the operation of landfills or dump previously embodied in Chapter 49, or in any other chapter which shall conflict with the provisions herein, is repealed on the effective date of this chapter.
If any section, paragraph, subdivision or provision of this chapter
shall be adjudged invalid or held unconstitutional, the same shall not affect
the validity of this chapter as a whole or any part or provisions thereof
other than the part so decided to be invalid or unconstitutional.
This chapter shall become effective upon filing in the office of the Secretary of State, except as to § 49-12, which shall take place 60 days after the date of filing with the Secretary of State.
