[Adopted 11-7-2005 by L.L. No. 7-2005]
This Part 3 shall be referred to and may be cited as the "Waste
Management Facilities Law of the Village of Monticello."
The Board of Trustees of the Village of Monticello has determined
that environmental science is presently inadequate to satisfactorily
evaluate and control pollution from solid and liquid waste disposal
facilities such as landfills. Among other factors, the Board finds
as follows:
A.Â
The Village's needs for solid and liquid waste disposal are presently
being met.
B.Â
Further correction of pollution from solid or liquid waste management
facilities, including sanitary landfills, may be very expensive or
impossible to achieve.
C.Â
The existing community character of the Village of Monticello will
be adversely and unalterably impacted by expansion of existing solid
or liquid waste management facilities or location and operation of
new solid or liquid waste management facilities within the Village
of Monticello.
D.Â
Solid and liquid waste regulations under New York Environmental Conservation
Law (ECL) are inadequate to relieve the forgoing concerns.
The Village intends by this Part 3 to:
A.Â
Restrict the expansion and operation of solid waste management facilities
within the Village of Monticello in order to promote a clean, wholesome,
and attractive environment for the community.
B.Â
Ensure that accurate, current information about currently exempted
solid waste disposal operations within the Village of Monticello is
available to public officials and citizens.
C.Â
Protect the residents of the Village of Monticello from undesirable
effects of solid waste disposal operations, including, without limitation:
(1)Â
Unaesthetic results, including odors, blowing liners, increased traffic,
dust and noise; and
(2)Â
Deterioration in property values associated with an adjacent or proximate
disposal operation that may interfere with the orderly development
of properties; and
(3)Â
Threats to public health and/or the environment by contamination
of air, surface water or groundwaters.
D.Â
To exercise the Village's police powers under Article 2 of the Municipal
Home Rule Law and § 4-412 of the Village Law for the physical
and mental well-being and safety of its citizens and to restrict waste
disposal operations within the Village that might otherwise be permitted
under the ECL. Section 27-0711 of the ECL specifically recognizes
and authorizes the right and authority of a Village to legislate stricter
controls on solid waste management operations than state law requires.
This Part 3 shall apply to all the territory within the confines
of the Village of Monticello.
A.Â
Unless defined below or previously in this chapter or the context otherwise requires, the terms and words used in this Part 3 shall have the same meanings as those defined in Article 27 of the ECL and Title 6, Parts 360 to 364 and 617 of the New York Codes, Rules and Regulations.
B.Â
6 NYCRR
COMMERCIAL WASTE
COMPOSTING
CONSTRUCTION AND DEMOLITION DEBRIS
CONTAINMENT POND OR POOL
DEC
DISPOSAL
FACILITY
HAZARDOUS WASTE
HOUSEHOLD WASTE
INDUSTRIAL WASTE
LANDFILL or SANITARY LANDFILL
MANURE
PERSON
RECYCLING
SEWAGE
SOLID OR LIQUID WASTE
SOLID WASTE MANAGEMENT FACILITY
SOUND AGRICULTURAL PRACTICES
As used in this Part 3, these terms and words shall be defined as
follows:
Title 6 of the New York Codes, Rules and Regulations.
Liquid or solid waste generated by stores, offices, warehouses,
restaurants or other commercial establishments as previously defined
in this chapter.
Aerobic decomposition of solid organic constituents of solid
waste to produce a stable, humus-like material used for fertilizing
and conditioning land.
Uncontained, inert solid waste resulting from the construction,
remodeling, repair and demolition of structures and from road building
and land clearing. Such waste includes, without limitation, bricks,
concrete and other masonry materials, soil, rock, wood, wall coverings,
plaster, drywall, asphaltic pavement, glass, plastics that are not
sealed in a manner that conceals other wastes and metals that are
incidental to any of the above.
Any basin, tank, pond or pool for the disposal, storage,
retention, procession treatment or other handling of liquid waste.
The New York State Department of Environmental Conservation.
The placement, distribution, storage, removal or transportation
of solid wastes.
Any solid waste management facility.
Waste meeting the definition set forth in 6 NYCRR Part 371.
Liquid or solid waste from residential sources.
Any liquid, gaseous or solid waste substance or combination
thereof resulting from any process of industry, manufacturing, trade
or business, including, without limitation, pesticides, lime, acids,
chemicals, petroleum products, tar and dye-stuffs.
Any disposal area for solid wastes in or upon the ground.
Refuse of stables and barnyards consisting of livestock excreta
with or without litter and for fertilizing land.
Any individual, partnership, firm, association, business,
industry, enterprise, public or private corporation, political subdivision
of the state, government agency, municipality, estate, trust or other
legal entity whatsoever.
The reuse of solid waste recovered from the solid waste stream
into goods or materials suitable for reuse in original or changed
form.
The water carrying animal or human wastes from residences,
buildings, industrial establishments or other places, together with
such groundwater infiltration and surface water as may be present.
All putrescible and nonputrescible materials or substances
that are discarded or rejected as being spent, useless, worthless
or in excess to the owners at the time of such discard or rejection,
including, without limitation, liquids, garbage, refuse, industrial,
commercial and household waste, sludges from air or water treatment
facilities, rubbish, tires, ashes, contained gaseous material, incinerator
ash and residue and construction and demolition debris. In addition:
Any facility employed beyond the initial solid or liquid
waste collection process and managing solid or liquid waste, including,
without limitation, storage areas or facilities, transfer stations,
rail-haul or barge-haul facilities.
Refers to those practices necessary for the on-farm production,
preparation and marketing of agricultural commodities.
A.Â
The following are not subject to this Part 3:
(1)Â
Any disposal and storage of manure in farming operations following
sound agricultural practices, but not including sewage sludge processing
and spreading.
(2)Â
Operations or facilities which receive or collect only nonputrescible,
nonhazardous solid waste and beneficially use or reuse or legitimately
recycle or reclaim such waste. Such exempt facilities are limited
to citizen recycling programs, town recycling operations, composting,
farming operations, town highway operations and bona fide salvage
dealers.
(3)Â
Any sewage treatment facility, but not including any sewage sludge
spreading facility.
(4)Â
Any bona fide solid waste management facility previously in existence
on the effective date of this Part 3 shall remain exempt under the
current terms and conditions of its operating permit.
B.Â
None of the above exemptions shall be construed as to permit any
activity contrary to existing building codes or other laws or as exempting
any other permit required by state or local law.
No solid waste management facility shall hereafter be constructed,
expanded or allowed to commence operation in the Village of Monticello.
A.Â
All violations of this Part 3 or any of its regulations or provisions
shall be deemed Class A misdemeanors, punishable by a fine not exceeding
$1,000 or imprisonment not exceeding one year, or both. Each and every
day that a violation of this Part 3 is permitted to exist shall constitute
a separate offense.
B.Â
Any violation of this Part 3 or regulations or provisions thereof
shall create a liability to the people of the Village of Monticello
for civil penalty not to exceed $1,000, after a hearing or opportunity
to be heard, upon due notice and with the right to specification of
the charges and the right to representation by counsel at such hearing.
Each and every day that a violation of this Part 3 occurs or continues
shall constitute a separate violation for purposes of civil liability.
C.Â
Upon any violation of this Part 3 by any person, the Village shall
be entitled to obtain an injunction against such persons prohibiting
further violations and, in addition, ordering that any solid or liquid
waste disposed of in violation hereof be removed from the Village,
and ordering that any land on which solid or liquid waste is disposed
of in violation of this Part 3 be restored as nearly as possible to
its former condition by the removal of any waste illegally disposed
of and by such other restorative measures as may be available, and
further ordering that the operator remedy any effects of the violation
on surrounding or adjacent properties or resources, including, without
limitation, air, trees, crops, water bodies, wetlands and groundwaters.