As used in this chapter, the following terms
shall have the meanings indicated:
CINDERS
Particles not ordinarily considered fly ash or dust because
of their greater size, consisting essentially of fused ash and/or
unburned matter.
FILLING
The permanent relocation to topsoil, earth, gravel or other
fill from one place to another.
FLY ASH
Particulate matter capable of being gasborne or airborne
and consisting essentially of fused ash and/or burned or unburned
material.
GRADING OR REGRADING
The excavating, leveling, removing, moving or sloping of
topsoil, earth, gravel or other fill.
SITE
The premises where filling or regrading shall be performed.
SOLID WASTE
Any garbage, 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).
No grading permit shall be issued unless:
A. The Town Engineer determines that the proposed filling
or regrading activity ensures proper surface drainage of the site
and adjacent properties at all times during and after completion of
the work. No grading work shall cause a danger of surface waters flooding
adjacent property, and no stream, watercourse or floodway will be
filled or diverted from its course. To the extent that surface waters
are redirected to property adjacent to the site in violation of an
approved site plan, the owner or lessee of the site shall be ordered
to correct any problem caused by such redirected surface waters as
the Town Engineer may require;
B. Adequate barricades are erected and maintained;
C. Adequate provisions, including the application of
"dust down" or its equal, are made for the prevention of release of
suspended particulate matter into the ambient air;
D. Any filling or regrading material is clean, nonburnable
fill containing no garbage, refuse, offal, fly ash or any deleterious,
toxic, hazardous or unwholesome matter. No material which constitutes
solid waste may be used as fill;
E. An erosion/sedimentation control plan is prepared
and implemented in accordance with the New York State Guidelines for
Urban Erosion and Sediment Control, for filling or regrading areas
of one acre or more; and
F. A revegetation plan, which includes site grading,
placement of not less than four inches of topsoil, seeding, fertilization
and mulching, is prepared and implemented.
G. EPA Phase
II Stormwater Requirements shall be met.
Violation of this chapter shall be a misdemeanor.
Each violation shall be a separate offense. Every violation of the
provisions of this chapter shall be punishable by a fine not to exceed
$1,000 or by imprisonment for not more than one year or by both such
fine and imprisonment.