[HISTORY: Adopted by the Town Board of the
Town of Warwick 4-23-1979 by Ord. No. 79-1 (Ch. 73 of the 1973 Code).
Amendments noted where applicable.]
GENERAL REFERENCES
Rubbish and littering — See Ch. 120.
A clean, wholesome and attractive environment
is declared to be of importance to the health and safety of the inhabitants
of the Town of Warwick. It is further declared that the operation
of solid waste management facilities and the collection of solid wastes
by private carters are activities which may endanger the health and
safety of Town residents and may have a deleterious effect on the
environment. The purpose of this chapter is to regulate and license
solid waste management facilities and private carter of solid wastes.
As used in this chapter, the following terms
shall have the meanings indicated:
Any person who operates a private business involved in the
collection of solid wastes for disposal in a solid waste management
facility.
Putrescible solid waste, including animal and vegetable waste
resulting from the handling, storage, sale, preparation, cooking or
serving of foods. Garbage originates primarily in home kitchens, stores,
markets, restaurants and other places where food is stored, prepared
or served.
A solid waste or combination of solid wastes which, because
of its quantity, concentration or physical, chemical or biological
characteristics, may cause or significantly contribute to an increase
in mortality or an increase in serious irreversible or incapacitating
reversible illness, or cause or significantly contribute to a substantial
present or potential hazard to human health or the environment when
improperly treated, stored, transported, disposed or otherwise managed.
Such wastes shall include but not be limited to wastes which are bioconcentrative,
highly flammable, explosive, highly reactive, toxic, poisonous, radioactive,
irritating, sensitizing or infectious and shall include wastes that
are solid, semisolid, liquid or contained gases.
Wastes in liquid, semisolid or solid form that result from
industrial or commercial processes, including but not limited to factories,
processing plants and repair and cleaning establishments, which wastes
include but are not limited to sludge, oils, solvents, spent chemicals
and acids.
Liquid which has percolated through solid waste.
The person who is responsible for the operation of a solid
waste management facility.
Any individual, public or private corporation, political
subdivision, government agency, department or bureau of the state,
municipality, industry, copartnership, association, firm, trust, estate
or any other legal entity.
The accumulated semisolid suspension of settled solids deposited
from wastewaters or other fluids.
Materials or substances discarded or rejected as being spent,
useless, worthless or in excess to the owner at the time of such discard
or rejection, except sewage and other highly diluted water-carried
materials or substance and those in gaseous form. Such wastes shall
include but are not limited to garbage, sludge, rubbish, ashes, incinerator
residue, street cleanings, dead animals, offal, abandoned vehicles,
agricultural waste, industrial waste, commercial waste and construction
and demolition debris.
Any facility employed beyond the initial solid waste collection
process, including but not limited to transfer stations, baling facilities,
rail haul or barge haul facilities, processing facilities, including
resource recovery equipment or other facilities to reduce or alter
the volume, chemical or physical characteristics of solid waste, sanitary
landfills, plants and facilities for composting, compacting or pyrolyzation
of solid wastes, incinerators, secure land-burial facilities, industrial
waste processing or disposal facilities and storage areas associated
with any of the foregoing.
The Town of Warwick.
Lands, submerged lands and waters lying within the boundaries
of the Town commonly called marshes, swamps, sloughs, bogs and flats
supporting aquatic or semiaquatic vegetation.
No person, operator or carter shall dispose
of hazardous or industrial wastes or sludge within the Town regardless
of origin.
No person, operator or carter shall dispose
of garbage or solid waste in any wetland, nor shall any disposal of
such wastes or operation of a solid waste management facility result
in the contamination of any wetland by leachate.
No person, operator or carter shall transport
garbage or solid waste over a Town road in any vehicle which will
exceed 96 inches in width. Any vehicle used for such transportation
must be constructed in a manner which prevents garbage and solid waste
from falling from the vehicle during transportation.
A.Â
No person or operator shall operate a solid waste
management facility in the Town without obtaining a license from the
Town Board. A license for an existing business must be obtained within
30 days from the effective date of this chapter.[1]
[1]
Editor's Note: This chapter became effective
5-5-1979.
B.Â
Application for such license shall be made to the
Town Clerk, stating the name, residence and place of business of the
applicant. The Town Board shall thereafter review the application.
C.Â
The fee for such license shall be $100 for any calendar
year or part thereof. Licenses are renewable annually.
B.Â
Application for such license shall be made to the
Town Clerk, stating the name, residence and place of business of the
applicant and the number of vehicles to be used.
[Amended 6-23-1988 by L.L. No. 1-1988]
C.Â
The fee for any such license shall be as set forth
in the Town's schedule of fees. Licenses are renewable annually.
[Amended 6-23-1988 by L.L. No. 1-1988; 6-9-2011 by L.L. No. 2-2011]
Any person who maintains or operates a solid
waste management facility shall comply with the following regulations:
A.Â
Records shall be kept of license plate numbers of
all trucks disposing of waste materials on a contractual basis or
more frequently than once a week. These records or copies thereof
shall be delivered to the Town Clerk on a monthly basis. The records
shall also include type of truck, quantity dumped, origin of material
on the vehicle, time and date.
B.Â
An attendant shall be on duty during hours when the
facility is open for business.
C.Â
An attendant shall monitor all incoming trucks to determine whether they contain hazardous or industrial wastes or sludge and be responsible for collection of information as required in Subsection A above.
D.Â
Attendants should cooperate with the Town Engineer
and the Town officials during inspections of the facility. Inspections
by such officials may be at any time without notice of the operator
or his attendant during the hours when the facility is open for business.
The inspecting official shall provide the attendant with a letter
of authorization from the Supervisor of the Town.
E.Â
Operators shall be required to install buffer zones,
plant trees in such zones and conform to slope, height and contour
requirements at the facility as mandated by the Town Board. Any natural
existing buffer zones shall require approval of the Town Shade Tree
Commission.
F.Â
Operators shall be required to cover and seed after
the operation of the facility shall cease and shall be further required
to take any corrective measures that may be required to remedy any
contamination of surface or ground waters or any other condition identified
as a hazard to the public health by the Town Board. Operators shall
also comply with any additional requirements after ceasing operation
as may be required by the Town Board.
G.Â
Operators shall post a bond with the Town to ensure compliance with this chapter if so required by the Town Board. The bond shall be in an amount sufficient to cover the cost of corrective measures as set forth in Subsection F above. The Town Board shall set the total amount of the bond after reviewing all aspects of the operation at the time of license application. No license will be granted to an applicant until a bond has been posted if such bond is required by the Town Board.
H.Â
All persons and operators shall comply with all laws,
rules and regulations of the Town of Warwick, State of New York and
the United States.
I.Â
Sanitary waste management facilities shall operate
only from the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday,
and from 7:00 a.m. until 12:00 noon on Saturdays.
J.Â
Noise levels shall be governed by Section 360.8(11)
of Part 360, Solid Waste Management Facilities, Rules and Regulations
of the New York State Department of Environmental Conservation. No
person or operator shall maintain a facility where noise levels are
higher than the limits set forth in that section.
The Town of Warwick Zoning Ordinance[1] provides that no landfill except municipally operated
landfills are permitted in the Town of Warwick.
A.Â
Carters shall not collect hazardous or industrial
wastes within the Town unless they are for disposal in a facility
legally authorized to accept such solid wastes.
B.Â
Carters shall not dispose of hazardous or industrial
wastes in the Town.
C.Â
Carters shall comply with all other laws, rules and
regulations of the Town, the State of New York and the United States.
D.Â
Hours
of operation. Daily hours of operation shall begin not earlier than
6:00 a.m., and operations shall cease no later than 5:00 p.m. No operations
shall be permitted on Sundays.
[Added 6-9-2011 by L.L. No. 2-2011]
Any licensee who violates any of the provisions
of this chapter shall be subject to the revocation of such license
after a hearing before the Town Board upon public notice.
[Amended 6-23-1988 by L.L. No. 1-1988]
Any person committing an offense against any
provision of this chapter shall be guilty of a violation punishable
by a fine not exceeding $250 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment. The continuation of
an offense against the provisions of this chapter shall constitute,
for each day the offense is continued, a separate and distinct offense.
