This chapter shall be known as the "Solid Waste Disposal and Sanitary Landfill Law of the Town of Sodus."
[HISTORY: Adopted by the Town Board of the Town of Sodus 4-3-1985 by L.L. No. 2-1985 (Ch. 71 of the 1994 Code). Amendments noted where applicable.]
The Town Board finds that environmental science is presently inadequate to evaluate and control pollution from sanitary landfill operation satisfactorily. Among other factors, the Board finds as follows:
A.
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 landfill operations may contaminate water supplies.
B.
Moreover, the accumulated extent of hazardous waste disposal in sanitary landfills cannot be measured or accurately determined because of state and federal regulations permitting disposal of small user quantities of hazardous wastes.
C.
Solid waste regulation under the New York Environmental Conservation Law (ECL) is inadequate to relieve the foregoing concerns.
D.
Future correction of pollution from sanitary landfills may be very expensive or impossible to achieve.
The Town Board intends by this chapter as follows:
A.
To regulate the operation of sanitary landfills within the Town of Sodus in order to promote a clean, wholesome and attractive environment for the community.
B.
To protect the residents of the Town from the effects of landfill operation, including:
C.
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 regulate and restrict sanitary landfill operation within the Town that might otherwise be permitted under the ECL or existing or hereinafter enacted zoning ordinances. Section 27-0711 of the ECL specifically recognizes and authorizes the right and authority of a town to legislate stricter controls on sanitary landfill operations than state law requires.
The following definitions shall apply to the corresponding words:
The New York State Department of Environmental Conservation.
Any person engaging in sanitary landfill operation.
Any individual, public or private corporation, governmental subdivision or agency, partnership or other legal entity.
Any disposal area for solid wastes in or upon the ground. This term shall have the meaning provided for in 6 NYCRR 360.1 and shall include any facility or operation within the Town of Sodus presently licensed by or applying for a license from the New York State Department of Environmental Conservation as a sanitary landfill.
The conduct of the business of accepting solid waste at a sanitary landfill.
Any discarded materials, substances or objects, including garbage, refuse, sludge and industrial or commercial waste. It is the Board's intention to encompass all items defined as "solid waste" by 6 NYCRR 360.1.
A.
The following are not subject to this chapter:
(1)
Any disposal of manure in normal farming operations or organic waste from agricultural processing operations.
(2)
Landspreading of septage by state-licensed haulers.
(3)
Any operation of a facility which receives or collects only nonputrescible solid waste and beneficially uses or reuses or legitimately recycles or reclaims such waste or stores or treats such waste prior to its beneficial reuse. Such exempt facilities would include junkyards, citizens' recycling programs, municipal recycling operations and salvage dealers.
(4)
Landfilling activities consisting solely of clean earth, rock or gravel fill or nonputrescible construction and demolition debris.
B.
None of the above exemptions shall be construed to permit any activity contrary to existing zoning or other laws or as exempting persons engaging in any such activities from obtaining any permits by state law.
A.
No person shall operate a sanitary landfill in the Town of Sodus after the effective date of this chapter unless he has applied for and obtained a permit therefor from the Town. The Town Board shall prescribe and make available through the Town Clerk an appropriate form of application. All applications shall be submitted to the Town Clerk, who shall promptly refer all completed applications to the Town Board, which shall have the power and authority to review and grant or deny such permits on the basis of the standards and criteria prescribed in this chapter. In approving any permit, the Town Board may attach such reasonable conditions relating to manner of landfill operation, including but not limited to hours of operation; security; access by Town agents for inspection, monitoring and/or testing; closure and post-closure plans; and volume and source limitations consistent with §§ 103-7 and 103-8 hereof, all as the Board shall deem necessary and advisable in the public interest.
B.
Each application shall indicate the precise boundaries of the property on which landfill operations are or will be conducted and shall state the proposed maximum rate of solid waste disposal thereon.
C.
No permit shall be issued by the Town Board unless it is satisfied that the landfill operations contemplated thereby would result in no violation of the provisions of the chapter governing limitations on acreage and unless the applicant shall have tendered a permit fee and shall have posted a bond or other financial security as required hereunder.
D.
Each applicant shall, along with submission of an application hereunder and on or before each anniversary of issuance of a permit, pay to the Town an annual permit fee in the amount as set by resolution of the Town Board, which fee will be deposited to the general fund of the Town.[1] The Supervisor is hereby authorized, to the extent of revenues generated by this fee requirement, to engage professional engineering and related services for on-site monitoring and/or testing of each sanitary landfill within the Town to ensure its operation in compliance with this chapter and with any permits issued by the Department of Environmental Conservation and to report accordingly to the Town Board.
E.
Indemnification.
(1)
Each applicant shall, along with submission of an application hereunder, post a bond, letter of credit, trust fund, insurance policy and/or other security acceptable to the Town Board in favor of the Town in the minimum amount of $1,000 indemnifying the Town against:
(a)
Noncompliance with any DEC permit and/or this chapter.
(b)
Any and all expenses incurred by the Town in rectifying any environmentally detrimental consequences of the permit holder's landfill operation, irrespective of when such consequences shall be manifested and whether or not resulting from illegal operation of the landfill.
(c)
Any claim of liability or expenses, including legal fees in connection with the defense thereof, of any kind whatsoever, which may be made against the Town as a result of or in connection with the operation of the landfill.
(d)
Nonpayment of any fines, costs or fees which may become owing to the Town by the permit holder. Any such insurance policy or other security shall provide coverage for the term of the permit granted, plus 10 years, and shall include provision for environmental impairment liability from gradual or nonsudden causes.
(2)
The operator of any sanitary landfill who has given similar financial security to the DEC shall be entitled to a credit and corresponding dollar-for-dollar reduction from these Town permit financial security requirements to the extent that such similar financial assurances are in place and the Town is named as an additional insured or beneficiary.
F.
At least 60 days before each anniversary of issuance of a permit, each permit holder shall submit either:
No less than 50 acres and no more than 100 acres of land in the Town shall be used for sanitary landfill operation.
A.
Every operator of a sanitary landfill in the Town shall file with the Town a monthly report on such form(s) as the Town Board may designate, setting forth the total tonnage of solid waste disposed of by him in the previous calendar month and the total tonnage of solid waste disposed by him since commencement of the current permit term. Every operator shall also file with the Town, within 15 days of receipt of or sending, copies of all reports to and correspondence to or from the DEC concerning the operation of the sanitary landfill.
B.
The Town Clerk shall maintain all filed reports and correspondence in the Town offices for public inspection at all reasonable hours, except for those portions of documents that the DEC has determined, pursuant to the Public Officers Law § 87, Subdivision 4, are not disclosable or those portions of documents that the Town Board, upon written request of an operator, determines are trade secrets which, if disclosed, would cause substantial injury to the competitive position of the operator. Nothing herein shall excuse an operator from a failure to make such copies available to the Town Board for its information.
C.
All monthly reports shall be filed on or before the fifth business day of each month, commencing with the month after this chapter becomes effective.
D.
The Town Clerk shall also maintain for public inspection in the same manner a file of all permits issued hereunder, together with the applications therefor.
A.
Upon a violation of this chapter by any person, the Town Board shall be entitled to revoke any permit held by such person upon 10 days' notice. The Town shall further be entitled to an injunction against such persons prohibiting further violations and, in addition, ordering that any solid waste disposed of in violation of § 103-8 hereof is removed from the Town and ordering that any land of which solid waste is disposed of in violation of this chapter is 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, water bodies, wetlands and groundwaters.
B.
For any violation of this chapter, the violator shall be subject to a civil penalty of up to $25,000 for each violation. The Town shall be entitled to recover such fines in an action at law in any court of competent jurisdiction.
C.
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.
This chapter shall not be deemed to govern or control activities within those parts of the Town of Sodus which are incorporated, as the Villages of Sodus and Sodus Point.
B.
Nothing herein shall be deemed to be a waiver of or restriction upon any rights and powers available to the Town of Sodus under state law or equity to further regulate the subject matter of this chapter.
[Added 1-5-2000]
No person shall transport any refuse along the public highways in the Town of Sodus in any vehicle or receptacle unless such vehicle or receptacle is so loaded and covered as to prevent blowage, leakage and/or spillage of the contents.
[Added 1-5-2000]
A.
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not exceeding $1,000 for each offense, or by imprisonment for one year, or by both such fine and imprisonment.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
In addition to the criminal penalties hereinbefore provided, any person violating any of the provisions of this chapter shall be subject to a penalty of $100 for each such violation, to be recovered in a civil action to be maintained by the Town against such violator.
C.
Notwithstanding the criminal and civil penalties hereinbefore provided, the Town Board may maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of any provision of this chapter.
D.
Where any violation of this chapter is of a continuous or continuing nature, each day on which such violation continues shall be deemed to constitute a separate violation hereof and shall be punishable accordingly.
E.
Any person who or whose servants, agents, employees or officers shall be convicted of violation hereof may thereafter be denied the use of the refuse disposal area either temporarily or permanently by the caretaker or by resolution of the Town Board.