The purpose of this chapter is to protect the public health and welfare
through regulation of commercial composting facilities. Despite the need for
composting to reduce the reliance on landfills as proposed by the EPA/DEC,
the City of Lackawanna is looking to provide some regulation where little
or no regulations currently exist.
As used in this chapter, the following terms shall have the meanings
indicated:
AEROBIC COMPOSTING
The process of decomposition of organic matter in an environment
with oxygen present. The microorganisms responsible for the decomposition
consume oxygen and produce carbon dioxide. This type of composting is known
to produce little or no offensive odor.
ANAEROBIC COMPOSTING
The process of decomposition of organic matter in an environment
with little or no oxygen present. The microorganisms responsible for the decomposition
do not need oxygen. This method of composting decomposes compostables more
slowly than aerobic composting and is known to produce hydrogen sulfide and
ammonia-like compounds, which have offensive odors.
COMPOSTABLES
Brush, wood, or wood by-products, leaves, grass clippings, vegetative
pruning, and garden and yard waste.
COMPOSTING
The mixture of decomposable refuse at an outdoor, open-air facility
for the purpose of producing material for fertilization and conditioning of
soil or any reusable product.
COMPOSTING FACILITY
A site where composting occurs as part of a private business or government
service.
ODOR
Emission of substances detrimental to the health, well-being and
general safety of the community.
As of the effective date of this chapter, no composting facility as
defined and regulated herein shall be established in the City of Lackawanna
by any person or business entity, unless the composting facility conforms
to this chapter and other local, state, and federal regulations.
Enforcement officials shall be permitted entry to the composting facility
for inspection purposes to determine compliance with this chapter and other
applicable regulations at any time.
Any person, corporation, partnership or any other legal entity who fails
to comply with any of the provisions of this chapter shall be subject to a
fine no less than $1,000 per day of violation. Every act or violation and
every day that a violation occurs shall be considered a separate violation.
This chapter shall be liberally construed in such a manner as to effectuate its purpose. The provisions of the chapter shall be construed, if possible, in such a manner as to make such provisions compatible and consistent with the provisions of all existing and future zoning and other local laws and ordinances of the City of Lackawanna and all amendments thereto; provided, however, that where any inconsistency or conflict cannot be avoided, then the most restrictive of such inconsistent or conflicting provisions shall control and prevail. Appeals applicable to Chapter
87, Article
I, §
87-3D of the Lackawanna Municipal Code.