[Adopted 8-13-1992 by L.L. No. 3-1992]
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.
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.
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.
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."
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.
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.
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.
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, if appropriate.
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.
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.
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.