Village of Monticello, NY Waste Management Facilities

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:

The Village's needs for solid and liquid waste disposal are presently being met.

Further correction of pollution from solid or liquid waste management facilities, including sanitary landfills, may be very expensive or impossible to achieve.

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.

Solid and liquid waste regulations under New York Environmental Conservation Law (ECL) are inadequate to relieve the forgoing concerns.

§ 216-21 Purpose and intent; legislative authority.

The Village intends by this Part 3 to:

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.

Ensure that accurate, current information about currently exempted solid waste disposal operations within the Village of Monticello is available to public officials and citizens.

Protect the residents of the Village of Monticello from undesirable effects of solid waste disposal operations, including, without limitation:

(1)

Unaesthetic results, including odors, blowing liners, increased traffic, dust and noise; and

(2)

Deterioration in property values associated with an adjacent or proximate disposal operation that may interfere with the orderly development of properties; and

(3)

Threats to public health and/or the environment by contamination of air, surface water or groundwaters.

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.

§ 216-22 Applicability.

This Part 3 shall apply to all the territory within the confines of the Village of Monticello.

§ 216-23 Definitions.

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.

As used in this Part 3, these terms and words shall be defined as follows:

6 NYCRR

Title 6 of the New York Codes, Rules and Regulations.

COMMERCIAL WASTE

Liquid or solid waste generated by stores, offices, warehouses, restaurants or other commercial establishments as previously defined in this chapter.

COMPOSTING

Aerobic decomposition of solid organic constituents of solid waste to produce a stable, humus-like material used for fertilizing and conditioning land.

CONSTRUCTION AND DEMOLITION DEBRIS

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.

CONTAINMENT POND OR POOL

Any basin, tank, pond or pool for the disposal, storage, retention, procession treatment or other handling of liquid waste.

DEC

The New York State Department of Environmental Conservation.

DISPOSAL

The placement, distribution, storage, removal or transportation of solid wastes.

FACILITY

Any solid waste management facility.

HAZARDOUS WASTE

Waste meeting the definition set forth in 6 NYCRR Part 371.

HOUSEHOLD WASTE

Liquid or solid waste from residential sources.

INDUSTRIAL WASTE

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.

LANDFILL or SANITARY LANDFILL

Any disposal area for solid wastes in or upon the ground.

MANURE

Refuse of stables and barnyards consisting of livestock excreta with or without litter and for fertilizing land.

PERSON

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.

RECYCLING

The reuse of solid waste recovered from the solid waste stream into goods or materials suitable for reuse in original or changed form.

SEWAGE

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.

SOLID OR LIQUID WASTE

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:

(1)

A material is "discarded" if it is abandoned by being:

(a)

Disposed of; or

(b)

Burned or incinerated, including being burned as a fuel for the purpose of recovering usable energy; or

(c)

Accumulated, stored or physically, chemically or biologically treated (other than burned or incinerated) instead of being disposed of.

(2)

A material is "disposed of" if it is discharged, deposited, injected, dumped, spilled, leaked or placed into or on any land or water.

SOLID WASTE MANAGEMENT FACILITY

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.

SOUND AGRICULTURAL PRACTICES

Refers to those practices necessary for the on-farm production, preparation and marketing of agricultural commodities.

§ 216-24 Exemptions.

The following are not subject to this Part 3:

(1)

Any disposal and storage of manure in farming operations following sound agricultural practices, but not including sewage sludge processing and spreading.

(2)

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)

Any sewage treatment facility, but not including any sewage sludge spreading facility.

(4)

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.

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.

§ 216-25 Coordination with state law.

All relevant sections of Article 27 of the ECL and 6 NYCRR Parts 360 to 364 and 617, are deemed to be included within as part of this Part 3, and any violation thereof shall be considered to constitute a violation of this Part 3.

The provisions of this Part 3 shall be interpreted in such a manner as being consistent with state law, except that the more stringent requirements of this Part 3 shall apply.

§ 216-26 Prohibitions.

No solid waste management facility shall hereafter be constructed, expanded or allowed to commence operation in the Village of Monticello.

§ 216-27 Penalties for offenses; enforcement.

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.

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.

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.