[HISTORY: Adopted by the Town Board of the Town of Dayton as indicated
in article histories. Amendments noted where applicable.]
[Adopted at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
This article shall be known as the "Solid Waste Disposal Law of the
Town of Dayton."
A.Â
Findings of the Town Board. The Town Board finds that
environmental science is presently inadequate to satisfactory evaluate and
control pollution from solid waste disposal facilities such as landfills;
ash fills; resource recovery or incinerator facilities. Among other factors,
the Board finds as follows:
(1)Â
The inability of geological science to precisely ascertain
the existence and flow of groundwaters and to map subterranean geology makes
it impossible to determine the extent to which solid waste disposal may, or
may not, be contaminating water supplies.
(2)Â
Moreover, the accumulated extent of hazardous waste disposal
in solid waste disposal facilities cannot be measured or accurately determined
because of state and federal regulations permitting disposal of residential
or small user quantities of hazardous wastes.
(3)Â
The Town's needs for solid waste disposal are more than
met by the existing Cattaraugus County Landfill Facility located within Cattaraugus.
(4)Â
Future correction of pollution from sanitary landfills
may be very expensive or impossible to achieve. Groundwater pollution threatens
the health and livelihood of Town residents who rely exclusively on groundwater
for human consumption and agricultural purposes.
(5)Â
The Town's existing community character will be adversely
and unalterably impacted by the location and operation of any further solid
waste management facilities within the Town.
(6)Â
Substantial scientific opinion questions the environmental
and health effects of both "resource recovery" facilities that incinerate
or burn solid waste and of the handling and disposal of ash residue from such
facilities. Recent NYSDEC and Federal Environmental Protection Agency studies
indicate that such ash often demonstrates the characteristics of hazardous
waste by the leaching of heavy metals in toxic amounts.
(7)Â
Solid waste regulations under the New York Environmental
Conservation Law (ECL) are inadequate to relieve the foregoing concerns.
B.Â
Purposes of article. The Town Board intends by this article:
(1)Â
To restrict the operation of solid waste management facilities
within the Town in order to preserve and promote a clean, wholesome, and attractive
environment for the community;
(2)Â
To protect the residents of the Town from the effects
of solid waste disposal, including:
(a)Â
Unaesthetic results, including odors, blowing litter,
increased traffic, dust, and noise; and
(b)Â
Deterioration in property values associated with adjacent
or proximate disposal operation that may interfere with the orderly development
of properties; and
(c)Â
Threats to public health or the environment by contamination
of air, land, surface waters, or groundwaters.
(3)Â
To exercise the Town's police powers under the Municipal
Home Rule Law and §§ 130 and 136 of the Town Law for the physical
and mental well-being and safety of its citizens and to restrict solid waste
disposal operations within the Town that might otherwise be permitted under
the Environmental Conservation Law (ECL). Section 27-0711 of the ECL specifically
recognizes and authorizes the right and authority of a Town to legislate stricter
controls on solid waste disposal operations than state law requires.
The following definitions shall apply to the corresponding words:
Title 6 of the New York Code, Rules and Regulations.
Any landfill designed to accept ash, ash residue, bottom ash, combined
ash, or fly ash.
All the solid residue and any entrained liquids resulting from the
combustion of solid waste at a solid waste incinerator, including bottom ash,
boiler ash, fly ash, and the solid residue of any air pollution control device
used at a solid waste incinerator.
The ash residue remaining after combustion of solid waste in a solid
waste incinerator that is discharged through and from the grates or stoker.
The mixture of bottom ash and fly ash.
Any facility that solicits or accepts hazardous waste from third
parties for the purpose of treating, storing or disposing of hazardous wastes.
Solid waste generated by stores, offices, warehouses and restaurants.
Uncontaminated, inert solid waste resulting from the construction,
remodeling, repair, and demolition of structures, and from road building and
land clearing. Such waste includes, but is not limited to, bricks, concrete
and other masonry materials, soil, rock, wood, wall coverings, plaster, drywall,
plumbing fixtures, nonasbestos insulation, roofing shingles, 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.
The ash residue from the combustion of solid waste that is entrained
in the gas stream of the solid waste incinerator, which includes, but is not
limited to, particulates, boiler ash, cinders, soot, and solid waste from
air pollution control equipment.
Waste meeting the definition set forth in 6 NYCRR Part 371.
Solid waste from residential sources.
Any liquid, gaseous, solid, or waste substance or combination thereof
resulting from any process of industry, manufacturing, trade, or business.
It shall include, but not be limited to, pesticides, lime, acids, chemicals,
petroleum products, tar, and dyestuffs.
Any disposal area for solid wastes in or upon the ground.
Any individual, partnership, firm, association, business, industry,
enterprise, public or private corporation, political subdivision of the state,
government agency, municipality, estate, trust, or any 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.
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 but not limited
to garbage, refuse, industrial, commercial and household waste, sludges from
air or water treatment facilities, rubbish, tires, ashes, contained gaseous
material, incinerator residue and construction and demolition debris. In addition:
A material is "discarded" if it is abandoned by being:
Disposed of;
Burned or incinerated, including being burned as a fuel for the purpose
of recovering usable energy; or
Accumulated, stored, or physically, chemically, or biologically treated
(other than burned or incinerated) instead of or before being disposed of.
A material is "disposed of" if it is discharged, deposited, injected,
dumped, spilled, leaked, or placed into or on any land or water.
An incinerator in which household waste and nonhazardous industrial/commercial
waste are combusted for energy.
Any facility employed beyond the initial solid waste collection process
and managing solid waste, including but not limited to storage areas or facilities;
transfer stations; rail-haul or barge-haul facilities; processing facilities;
landfills; ashfills; disposal facilities; solid waste incinerators; recycling
facilities; and waste tire storage facilities.
A.Â
The following are not subject to this article:
(1)Â
Any activities occurring within the Village of South
Dayton;
(2)Â
Any disposal of manure in normal farming operations;
(3)Â
Any operation or facility which receives or collects
only nonputrescible, nonhazardous solid waste and beneficially uses or reuses
or legitimately recycles or reclaims such waste. Such exemption facilities
would include citizen recycling programs, municipal recycling operations,
and bona-fide salvage dealers; and
(4)Â
The operation of the Cattaraugus County landfill located
within the county, subject to the county's continued ownership and operation
of such landfill in accordance with all applicable DEC requirements.
B.Â
None of the above exemptions shall be construed to permit
any activity contrary to existing building codes or other laws or as exempting
persons engaging in any such activities from obtaining any other permits required
by state or local law.
A.Â
No commercial hazardous waste treatment, storage, or
disposal facility shall hereafter be permitted to commence operation or to
expand operations within the Town of Dayton.
B.Â
No solid waste management facility (landfill, ashfill,
solid waste incinerator, etc.) shall hereafter be permitted to commence operation
or to continue operation within the Town of Dayton.
C.Â
Waivers from these prohibitions may be granted by the
Town Board in its discretion, and on such conditions as it may reasonably
establish, only for facilities located on an applicant's premises and serving
only the applicant's waste products generated within the Town. Persons who
believe they qualify for such a waiver shall apply to the Town Board and provide
such information, proof of financial security, and such other documents as
the Town Board may reasonably require. No person who qualifies for and receives
this waiver shall accept, handle, import, transport, or handle any waste created
or generated by any other party or from any location outside of the Town of
Dayton.
A.Â
Upon a violation of this article by any person, the Town
Board shall be entitled to obtain an injunction against such persons prohibiting
further violations and, in addition, ordering that any solid waste disposed
of in violation of hereof be removed from the Town, and ordering that any
land on which solid waste is disposed of in violation of this article 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 are available,
and further ordering that the operator remedy any effects of the violation
on surrounding or adjacent properties or resources, including, without limitation,
air, crops, water bodies, wetlands, and groundwaters.
B.Â
For any violation of this article the violator shall
be subject to a civil penalty of up to $25,000 for each violation. Each day
of noncompliance shall be a separate and distinct violation. The Town shall
be entitled to recover such fines in an action at law in any court of competent
jurisdiction.
C.Â
Upon an action for injunctive relief or for a civil penalty
hereunder, the Town shall be entitled to a further award and judgment for
its costs, expenses, disbursements, and reasonable attorneys' fees in connection
therewith.
A.Â
This article shall be deemed to supersede and repeal
any other ordinances and local laws to the extent inconsistent therewith.
B.Â
If any part of this article shall be judicially declared
to be invalid, void, unconstitutional, or unenforceable, all unaffected provisions
hereof shall survive such declaration, and this article shall remain in full
force and effect as if the invalidated portions had not been enacted.
C.Â
Nothing herein shall be deemed to be a waiver of or restriction
upon any rights and powers available to the Town of Dayton to further regulate
the matter of this article.
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[The Town of Dayton is governed by the recycling regulations of
Cattaraugus County.]
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