A.
All solid waste generated within Monroe County, New
York, shall only be transported or disposed of at solid waste facilities
licensed by the County of Monroe or at solid waste facilities owned
by the County of Monroe. Only facilities wholly located within Monroe
County shall be subject to the license requirements of this Part 1.
The Director may authorize a solid waste hauler to dispose of solid
waste generated within Monroe County at a solid waste facility located
outside the County of Monroe, provided that such facility has been
approved by the Director for such disposal and provided that such
disposal activity conforms to the standards established by the Director
with respect to solid waste disposal. The standards of approval by
the Director for facilities outside the County of Monroe shall be
the same as for facilities within the County of Monroe.
B.
Solid waste generated outside of Monroe County, New
York, shall not be accepted at facilities licensed by the County of
Monroe unless approved by the Director at the time of issuance of
the facilities' licenses or at such other time as the Director authorizes.
C.
All deficiencies reported to the Director with respect
to persons or facilities licensed or regulated by the County of Monroe
under this Part 1 shall be corrected within seven days unless stated
otherwise within this Part 1 or unless an extension is granted in
the citation.
D.
Should any conflict exist between any provision of
this Part 1 and any other rule, regulation, code, ordinance or law
enacted by the County Legislature, this Part 1 shall apply.
E.
All applicable provisions of the Williams-Steiger
Occupational Safety and Health Act of 1970 (OSHA), as amended, shall
apply to persons or facilities licensed or regulated by the County
of Monroe under this Part 1.
F.
A license shall be required to operate all solid waste
hauling or transfer vehicles, including vehicles owned, leased or
operated by private persons, municipal governments or departments
thereof or public improvement or special districts, and a license
shall be required to construct or establish a new solid waste facility.
A license shall also be required to maintain or operate a solid waste
facility, except that municipal landfills existing as of the date
of the adoption of this Part 1 shall be exempt from such license requirement.
G.
The payment of application and license fees shall
not be required if the applicant is a governmental agency acting in
a governmental capacity.
A.
It shall be unlawful for any person to transport for
the purpose of disposing or to dispose of any solid waste without
obtaining a license as required herein.
B.
It shall be unlawful for any solid waste hauler to
discharge, dump or empty any solid wastes from any vehicle except
at a solid waste facility licensed or approved by the Director, if
such facility is within Monroe County, or a solid waste facility approved
by the Director, if such facility is located outside Monroe County.
C.
It shall be unlawful for any licensee to treat, destroy
or dispose of solid waste except by a method approved by the Director.
D.
It shall be unlawful for any licensee to treat, destroy
or dispose of any special wastes or hazardous wastes except by a method
or in a manner approved by the Director.
E.
It shall be unlawful to meddle with, hinder or impede
in any way whatsoever any person rightfully engaged in the hauling,
transporting or disposing of solid waste.
F.
This section shall not apply to any private resident
who occasionally transports or disposes any solid waste generated
on the property at which he resides or to any institution or business
establishment not in the business or practice of solid waste hauling
or disposal which occasionally transports or disposes of any solid
waste generated by such institution or business establishment.
A.
All right, title and interest in and to all solid
waste delivered to solid waste facilities owned by the County of Monroe
shall pass from the solid waste hauler to the County of Monroe when
and at such time that the solid waste contained in such hauler's vehicle
is deposited in or upon such facilities. Title shall be vested irrevocably
in such owner so long as such solid waste remains in the possession
and control of such owner or its agent. No other indicia or evidence
of title shall be required to assert title to such waste.
B.
Title to solid waste deposited by any person in a
solid waste facility owned by the County of Monroe, which facility's
primary purpose is to process solid waste in such a manner that will
produce at the completion of such process a product or commodity which
may have a market value, shall vest in the owner of such facility
and shall remain in such facility owner during and upon completion
of such processing.
A.
All hazardous wastes, bulky wastes or other special
wastes shall be transported and disposed of with the written approval
of the Director.
B.
Explosives, ammunition and highly inflammable materials
shall be transported and disposed of in accordance with the instructions
of the local police or fire officials and any applicable state and
local laws.
C.
Pathological and infectious wastes shall be transported
and disposed of in accordance with the instructions of the local health
official and the State Health Law.
D.
Poisons, acids, dangerous chemicals or combinations
of chemicals shall be pretreated, as necessary, and transported and
disposed of in accordance with any applicable state and local laws
and with the approval of the Director.
E.
Radioactive materials shall be disposed of in accordance
with the instructions of any applicable federal, state and local laws.
B.
Transportation.
(1)
All vehicles used to haul, transport or dispose of
solid waste shall be of an approved type of standard vehicle commonly
utilized to haul, transport or dispose of solid waste, whose body
shall be of metal or other impervious material. All vehicles shall
be constructed and maintained so as to prevent solid waste from accumulating
in or on the body and shall be capable of being completely emptied.
(2)
Any authorized-type vehicle used to haul solid waste,
wet or dry, shall be constructed with fully enclosed body or other
approved type by the Director 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)
Any vehicle whose use is intended for dry wastes,
such as trash, rubbish, empty boxes, papers, grass and tree trimmings,
cans, bottles and all similar material or special waste, special bulky
waste, hazardous waste, rubble or oversized bulky waste, may be of
open-body type but shall be equipped with eye hooks, cleats or other
similar hold-fast facilities fixed to sides and ends of the vehicle
and with a tarpaulin or other approved cover to prevent blowing off,
spilling or scattering of the same along the route of the haul.
(4)
All vehicles used by any solid waste hauler shall
display the name of the collector, the license number and the number
of the vehicle, all clearly printed in a contrasting color to the
vehicle color and readily visible on each side of the vehicle.
The following provisions shall apply to all
solid waste facilities, including but not limited to refuse transfer
stations, refuse treatment facilities and refuse disposal areas or
sites, except as modified hereafter or as ordered by the Director.
A.
All facilities shall be so situated, equipped, operated
and maintained as to minimize interference with other activities in
the area.
B.
A permanent sign, subject to the approval of the Director,
shall be posted at the site entrance, identifying the facility named,
and shall show all license numbers, the name and address of the owner
and operator, the schedule of days and hours it is in operation and,
if applicable, when open to the public and the current schedule of
fees for use.
C.
Access to all facilities shall be limited to those
times when authorized personnel are on duty. At all other times, the
premises shall be secured with fences and locked gates when required
by the Director.
D.
All incoming and outgoing traffic shall be controlled
in such a manner as to provide orderly and safe ingress and egress.
E.
All permanent roads to and on the premises having
continuous use shall be paved and of adequate design for the intended
use.
F.
The premises shall be constructed and landscaped in
such a manner as to be aesthetically pleasing in appearance.
G.
The premises, entrances and exits shall be maintained
in a clean, neat and orderly manner at all times.
H.
Sanitary facilities, safe drinking water and shelter
for personnel shall be provided on the premises to conform with applicable
safety and sanitary standards set forth in the New York Public Health
Law and the Occupational Safety and Health Act of 1970, as last amended.
I.
All buildings shall conform to all applicable provisions
of state and local fire prevention, building and zoning codes.
J.
Adequate parking areas shall be provided and maintained
at all facilities.
K.
Fire-fighting equipment, meeting the standards of
Underwriters' Laboratories, Inc., or standards of the National Fire
Protection Association, shall be available in the storage and charging
areas and elsewhere as needed.
L.
Arrangements shall be made with the local fire protection
agency to provide fire-fighting forces in an emergency.
M.
Adequate communication facilities shall be provided
for emergency purposes.
N.
Operating records shall be maintained on a monthly
basis indicating the type and quantity of solid waste entering, stored
at, processed, treated and disposed of at the facility and the type
and quantity of any refuse, residue or products leaving the facility
and the destination of the same. Such records shall be available for
annual review by the Director.
O.
All facilities shall be designed to provide for adequate
dust control in all operating areas.
P.
Adequate washing and disinfecting equipment shall
be provided as necessary at all facilities.
Q.
All areas of the facility shall be washed and disinfected
as often as necessary to maintain them in a clean and sanitary manner.
R.
All wastewater and washwater shall be discharged into
a sanitary sewer or other approved disposal system.
S.
All facilities shall be operated in such a manner
as to prevent the harborage of rodents, flies or other vectors.
T.
All unloading of solid waste shall be conducted in
such a manner as to minimize odor and litter outside the facility.
U.
All solid waste shall be properly contained or disposed
of by the end of each day of use.
A recycling process facility shall be licensed
by the Director and shall meet the following criteria for such a license.
The applicant must provide to the Director the following information:
A.
The name and business of the applicant.
B.
A full legal description of the proposed site of the
facility, including the owner of record or, if nonowned, documentary
proof of the right to such site.
C.
Two complete sets of site plans shall be provided
with the application.
D.
An operational plan, including the classification,
volume and weight of solid waste to be delivered, the materials to
be recovered, anticipated volume and weight of nonrecoverable residue.
E.
Hours of operation.
F.
The method of transporting the residue from the recycling
facility, including the destination and identity of carriers utilized.
G.
Proof of compliance and conformity with all applicable
local fire prevention, building and zoning codes and ordinances.
H.
A demonstrated technical competence for operating
such a facility.
I.
A complete environmental impact statement prepared
in accordance with the official guidelines set forth by the Director.
J.
Written approval of all state and local agencies having
jurisdiction.
A.
All sanitary landfills must meet the following criteria
for site selection:
(1)
The project must be capable of meeting all applicable
requirements of this Part 1 with respect to operation of a solid waste
facility.
(2)
The site shall be accessible via a road system (or
other transport facility) approved by the Director as being adequate
in terms of structural sufficiency, traffic capacity and safety.
(3)
The site shall be so situated with respect to public
roads, residences and recreation areas that nuisance to nearby land
users does not occur during or after operations.
(4)
The site shall be of sufficient area and capable of
accommodating sufficient fill height to provide space for the volume
anticipated within the final grades required to meet the project design.
(5)
The site shall be such that a maximum attenuation
of leachate is accomplished by interaction with sufficiently fine-grained
subgrade soil and by maintaining a sufficient thickness of such soil
between the lowest solid waste and the seasonal groundwater.
(6)
It should be readily feasible to prevent concentrated
surface drainage, seeps or springs from flowing into the solid waste
or standing water or floodwaters from reaching elevations as high
as the lowest solid waste.
(7)
Sufficient soil of low permeability and satisfactory
workability shall be readily available to meet all requirements of
daily, intermediate and final cover. Sufficient suitable topsoil shall
be available to meet final landscaping requirements.
(8)
The site in its finished configuration shall be suitable
for the subsequent use designated for the area.
B.
In addition to the foregoing, the following additional
criteria shall be adhered to:
(1)
All refuse disposal areas, existing and proposed,
shall be operated as sanitary landfills in conformance with Title
6 of the New York Codes, Rules and Regulations, Part 360, as last
amended.
(2)
The open fill and trench areas of any sanitary landfill
sites are prohibited within shorelands, floodlands or wetlands. No
watercourse or natural drainage shall be blocked or impaired by any
landfill operations.
(3)
Sanitary landfill sites are prohibited in a major
groundwater recharge area or where public or private water supplies
may be contaminated based upon a recognized composite hydrogeological
evaluation.
C.
All sanitary landfills shall be subject to the inspection
of the Director and the owners or operators thereof shall submit such
reports as the Director may require.
D.
A license shall be obtained from the Director to construct,
establish, maintain or operate a sanitary landfill.
E.
The following information shall be submitted as a
part of the application:
(1)
Proof of ownership of or rights on the land upon which
the sanitary landfill is to be located.
(2)
Proof of compliance and conformity with all applicable
local fire prevention, building and zoning codes and ordinances.
(3)
Submission of a comprehensive plan of operation, including
a survey or drawing of the site, plans for compliance with the regulations
set forth in this Part 1 and plans for land use upon termination of
the sanitary landfill operation. Such comprehensive plan shall be
subject to the approval of all appropriate state and local agencies
that may have jurisdiction. A minimum of two sets of the comprehensive
plans and specifications prepared by a licensed professional engineer
shall be submitted to the Department of Public Works. The following
information shall be included in the comprehensive plan:
(a)
A current map or aerial photograph of the area
showing land use and zoning within 1/4 mile of the solid waste disposal
site. The map or aerial photograph shall be of sufficient scale to
show all homes, buildings, lakes, ponds, watercourses, wetlands, dry
runs, rock outcroppings, roads and other applicable details and shall
indicate the general topography with contours and drainage patterns.
Wells shall be identified on the map or aerial photograph, United
States Geological Survey datum shall be indicated and a North arrow
drawn. A location insert map shall be included.
(b)
A plot plan, including legal description of
the site and immediate adjacent area, showing dimensions; location
of soil borings; present and planned pertinent features, including
but not limited to roads, fencing and cover stockpiles; and the plan
of development, including any excavation, trenching and fill. The
scale of the plot plan should not be greater than 200 feet per inch.
(c)
An ultimate land use plan, including intermediate
stages, identifying the total and complete land use. The scale of
the ultimate land use plan shall not be greater than 200 feet per
inch.
(d)
A report shall accompany the plans, indicating:
[1]
Population and areas expected to be served by
the proposed site.
[2]
Anticipated type, quantity and source of material
to be disposed of at the site.
[3]
Geological formations and groundwater elevations
to a depth of at least 25 feet below proposed excavation and lowest
elevation of site, including the high-water table. Such data shall
be obtained by soil borings or other appropriate means.
[4]
Source and characteristic of cover material
and method of protecting cover material for winter operation.
[5]
Type and amount of equipment to be provided
at the site for excavating, earth moving, spreading, compacting and
other needs.
[6]
Area of site in acres.
[7]
Owner of site.
[8]
Persons responsible for actual operation and
maintenance of the site and intended operating procedures.
[9]
Such measures as may be necessary to seal the
site sufficiently so that wastes and leachings will not reach any
ground- or surface water.
(e)
An interim and an ultimate landscaping plan
showing the visual screening of the site by the use of natural objects,
trees, plants, seeded soil berms, fences, etc.
(f)
Such additional clarifying data as may be requested
by the Director.
(g)
Complete environmental impact statement prepared
in accordance with official guidelines set forth by the Director.
(h)
Written approval of all state and local agencies
having jurisdiction.
(4)
At the discretion of the Director, certain of the
above may be waived with license applications for existing facilities.
(5)
A licensee may request from the Director a departmental
hearing for the purpose of submitting proposed changes to the licensee's
approved comprehensive plan of operation for approval. All provisions
of this section applicable to the proposed changes shall be satisfied
prior to the hearing.
F.
Landfill operations.
(2)
Before commencing operation of a sanitary landfill,
the owner shall have completed the site preparation in accordance
with his approved comprehensive plan of operation.
(3)
The owners shall construct and maintain survey monuments,
boundary fences and bench marks as shown on his approved comprehensive
plan of operation or as may otherwise be required for reference and
control of operations.
(4)
The owner shall at all times provide and maintain
all fences, appliances and other equipment as set forth in his approved
comprehensive plan of operation or as may otherwise be required so
as to prevent or eliminate any nuisance created by dust, odors, blowing
of papers, vector or other matters that may be construed to be a public
nuisance.
(5)
Sufficient equipment in good operating condition shall
be available on the premises at all times in order to comply with
the approved comprehensive plan of operation and the provisions of
this Part 1 and to assure the continuing operation of the sanitary
landfill.
(6)
During the posted hours of operation, the owner must
accept all solid waste approved for that landfill, provided that it
is delivered by a solid waste hauler with a valid license and that
the required fee is paid.
(7)
Rubble or bulky solid waste shall be disposed of in
such a manner as to prevent unsightliness or any unsanitary condition
or hazard.
(8)
The Director may refuse to permit the depositing of
certain materials, such as special bulky wastes or hazardous wastes,
where, in the opinion of the Director, such waste constitutes a dangerous
or hazardous condition in relation to regular landfill operations.
(9)
The disposal of all hazardous and special wastes is
prohibited at a sanitary landfill unless the Director and the operator
expressly approve the disposal of a particular waste at a specific
landfill site. Such disposal shall be subject to such conditions and
restrictions as the Director and the operator deem necessary.
(10)
Salvage or scavenger operations shall not be
permitted at any sanitary landfill.
(11)
No open burning of any kind shall be permitted
in connection with a sanitary landfill operation.
(12)
A ground- and surface water monitoring system
shall be required at the owner's expense.
(13)
Within one month after final termination of
a site or a major part thereof, the area shall be covered with at
least two feet of compacted cover material adequately sloped to allow
surface water runoff. No holes or depressions which might result in
collection of surface water shall remain or exist after such covering.
This cover material shall be brought to final elevation shown on the
approved comprehensive plan of operation. Within eight months after
final termination of a site or a substantial part thereof, adequate
ground cover shall be established according to the interim or ultimate
landscaping plan submitted with the license application.
(14)
Accurate daily records of site operations shall
be maintained. These records shall contain information pertinent to
site operation. Intake of solid waste in tons or cubic yards shall
be recorded daily in a manner acceptable to the Director. General
areas in which a particular type of solid waste disposal takes place
shall be filed. Disposal of any hazardous wastes shall be recorded
the day each disposal takes place and shall include the amount and
type of waste disposed of, the location on the site and the name and
address of the source of the wastes. These records shall be available
at all times for review and inspection.
(15)
The owner shall be required to allow free access
for inspection of the facility at all reasonable times to the Director
or to the proper representative of any other governmental agency for
the purpose of making such inspections as may be necessary to determine
compliance with the requirements of this Part 1 or any other applicable
statute, ordinance or regulation.
(16)
A detailed description and site plan of the
completed sanitary landfill shall be recorded with the Monroe County
Clerk's Office within 30 days after approval of the final condition
of the landfill or phase thereof by the Director. This description
shall include the general type and location of deposited solid waste,
original and final terrain descriptions and other pertinent characteristics
of the completed sanitary landfill site.
(17)
The owner shall use appropriate construction
techniques necessary to avoid landfill-associated hazards to any structures
and facilities that are built upon the fill. No residential construction
shall be permitted over the fill.
