[HISTORY: Adopted by the Town Board of the Town of Maine 1-12-1982
by L.L. No. 1-1982. Amendments noted where applicable.]
The Town Board of the Town of Maine hereby finds and determines that
the disposal of sludge, sewage sludge or septage within the Town of Maine
or any part thereof poses a potential threat to the health and safety of the
residents of the Town of Maine and to animals within the Town of Maine, and
that their potential for contamination of adjacent property and water supplies
constitutes a potential health and safety hazard to the Town of Maine and
its residents as well as to food chain crops and animals within the Town of
Maine. It is the purpose of this chapter to provide for the health, safety
and welfare of the residents of the Town of Maine, the owners of property
within the Town of Maine, food chain crops, and animals within the Town of
Maine by prohibiting the disposal of sludge, sewage sludge and septage within
the Town of Maine.
For the purposes of this chapter, the following terms shall have the
meanings set forth hereinafter:
To spread, apply, discharge, deposit, plow, inject, dump, spill,
process, store, leak or place any sludge, sewage sludge or septage (as hereinafter
defined) into or on any land or water within the Town of Maine or any part
of the Town of Maine.
Any individual, public or private corporation, business corporation,
political subdivision, government agency, department, board or bureau of the
state or federal government, municipality, industry, partnership, copartnership,
association, firm, trust, estate, or any other legal entity.
The contents of a septic tank, cesspool or other individual sewage
treatment facility which receives domestic sewage wastes. Septage shall not
be deemed to include the contents of any septic tank, cesspool or other individual
sewage treatment facility located within the Town of Maine, which receives
domestic sewage wastes generated within the Town of Maine, when all of the
following conditions are met: a) such contents are generated from a single-family
dwelling, two-family dwelling, multiple dwelling, business facility, commercial
facility or industrial facility located within the Town of Maine; b) such
contents are generated and disposed of within the property boundaries of such
single-family dwelling, two-family dwelling, multiple dwelling, business facility,
commercial facility or industrial facility located within the Town of Maine;
and c) such contents are disposed of in compliance with all applicable United
States of America, State of New York, Broome County and Town of Maine statutes,
ordinances, local laws, codes, rules and regulations.
The accumulated semisolid suspension of solids deposited from wastewaters
from municipal or private sewage treatment plants.
The accumulated semisolid suspension of settled solids deposited
from wastewaters or other fluids.
No person shall dispose of, or cause to be disposed of, any sludge,
sewage sludge or septage within the Town of Maine or within any part of the
Town of Maine, except at a solid waste management facility duly authorized,
approved and licensed by the New York State Department of Environmental Conservation
and located within an industrial district (ID), classified as such according
to the Town of Maine Zoning Ordinance.[1] If all of the conditions enumerated hereinafter are met, nothing
herein shall be deemed to prevent the disposal of sewage sludge on a site
within the Town of Maine for which the New York State Department of Environmental
Conservation has, as of the effective date of this chapter, previously issued
a valid permit for the disposal of sewage sludge: such disposal must have
been in operation in compliance with such permit and in compliance with the
Town of Maine Zoning Ordinance as of the effective date of this chapter; such
disposal must hereafter be carried out in strict compliance with all of the
terms, conditions and provisions of such permit and with all applicable United
States of America, State of New York, Broome County and Town of Maine statutes,
ordinances, local laws, codes, rules and regulations; such disposal must be
in compliance with the Town of Maine Zoning Ordinance, and the site at which
such disposal is taking place shall not be enlarged or changed; and such disposal
shall immediately and permanently cease and terminate in the event that such
permit is assigned, transferred, conveyed, revoked, cancelled, annulled or
not renewed, or in the event that the person to whom such permit has been
issued or the owner of the site at which such disposal is taking place shall
violate the Town of Maine Zoning Ordinance as a result of such disposal.
Upon conviction, a violation of this chapter shall be deemed an offense
and shall be punishable by a fine not exceeding $50 for each and every such
offense, or imprisonment for a period not to exceed 15 days, or both.
