[HISTORY: Adopted by the Town Board of the
Town of Barre as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-2-1992 by L.L. No. 2-1992]
A.Â
The Town of Barre finds that the removal of certain
materials from the solid waste stream will decrease the amount of
solid waste disposed of in landfills and aid in the conservation of
valuable resources.
B.Â
The Town of Barre finds that the New York Solid Waste
Management Act of 1988 requires all municipalities to adopt a local
law or ordinance by September 1, 1992, requiring separation of recyclable
and reusable material from solid waste.
C.Â
The Town of Barre finds that in order to protect the
health, safety, and welfare of the people of the Town, it is necessary
for the Town of Barre to enact this article in order to encourage
and facilitate the maximum recycling practicable on the part of every
household, business and institution within the Town.
D.Â
The Town of Barre declares that the purpose of this
article is to establish and implement recycling related practices
and procedures to be applicable to all waste generators within the
Town.
As used in this article, the following terms
shall have the following meanings:
A public or private facility or facilities where recyclables
may be delivered for disposal, including, but not limited to, dropoff
centers, materials recovery facilities, or other such public or private
facilities.
Any material designated from time to time, by the Town, provided
that such material is not hazardous and can be reasonably separated
from the solid waste stream and held for material recycling or reuse
value.
All putrescible and nonputrescible solid waste, including,
but not limited to, materials or substances discarded or rejected
as being spent, useless, worthless, or in excess to the owners at
the time of such discard or rejection, or are being accumulated, stored,
or physically, chemically or biologically treated prior to being discarded
or rejected, having served their intended use, or as industrial, commercial
and agricultural waste, sludges from air or water pollution control
facilities or water supply treatment facilities, rubbish, ashes, contained
gaseous material, incinerator residue, demolition and construction
debris and offal, but not including sewage and other highly diluted
water-carried materials or substances and those in gaseous form, special
nuclear or by-product material within the meaning of the Atomic Energy
Act of 1954, as amended, or waste which appears on the list or satisfies
the characteristics of hazardous waste promulgated by the Commissioner
of the Department of Environmental Conservation.
The segregation of recyclable material from the solid waste
stream at the point of generation for separate collection, sale or
other disposition.
The Town of Barre, New York.
Any person, household, business, governmental agency, municipality
or other legal entity which produces solid waste requiring off-site
disposal.
All persons engaged in the commercial collection, transportation
and/or disposal of solid waste and/or recyclables generated, originated
or brought within the Town.
A.Â
Each waste generator in the Town shall source separate
recyclables from solid waste.
B.Â
Each waste generator in the Town shall provide for
the removal of recyclables from the property on which they are generated
either through service provided by the municipality or a private hauler
or by direct haul by the individual waste generator to an authorized
facility.
C.Â
Nothing in this article is intended to prevent any
waste generator from making arrangements for the reuse, private collection,
sale or donation of recyclables; provided, however, that such recyclables
shall not be placed curbside or at any other designated collection
place on, or immediately preceding, the day for collection of such
recyclables.
A.Â
All waste haulers in the Town shall offer, or cause
to be offered, to their customer's collection, transportation and
disposal services for recyclables to the same extent any such waste
hauler offers collection, transportation and disposal services for
solid waste. Such services shall be provided on the same day(s) as
solid waste pickup, transportation or disposal services are provided.
B.Â
No waste hauler shall be required to accept for collection
solid waste which has not been source separated or is hazardous waste.
C.Â
All waste haulers must maintain records of recyclables
collected and supply such reports to the Town, as often as reasonably
requested by the Town, but at least once per year.
A.Â
The Town may inspect all portions of vehicles and/or
containers used in the collection, transportation and/or disposal
of solid waste and/or recyclables, including, but not limited to,
containers placed at the curbside of residences, to ascertain compliance
with the terms and conditions specified in this article.
B.Â
Failure of a residential waste generator to comply
with the provisions of this article shall result in a fine for each
violation as follows: $50 for the first violation; $75 for the second;
$100 for the third; and $100 for each subsequent violation.
C.Â
During any 12 consecutive months, the failure of a
commercial waste generator to comply with the provisions of this article
shall result in a fine for each violation as follows: $50 for the
first violation; $75 for the second; $100 for the third; and $100
for each subsequent violation.
D.Â
Failure of a waste hauler to comply with the provisions
of this article shall result in a fine for each violation as follows:
$50 for the first violation; $75 for the second; $100 for the third;
and $100 for each subsequent violation.
E.Â
The Town shall be primarily responsible for the enforcement
of this article and collection of all fines and penalties provided
herein.
[Adopted 1-3-1994 by L.L. No. 1-1994]
This article shall be known as and may be cited
as the "Waste Management Facilities Law of the Town of Barre."
The Town Board finds that environmental science
is presently inadequate to satisfactorily evaluate and control pollution
from solid and liquid waste disposal facilities such as landfills,
ash fills, and resource recovery or incineration facilities. Among
other factors, the Board finds as follows:
A.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 and liquid
waste disposal may, or may not be, contaminating water supplies.
B.Â
Moreover, the accumulated extent of hazardous waste
disposal in solid and liquid 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.
C.Â
The Town's need for solid and liquid waste disposal
are being met.
D.Â
Future correction of pollution from solid or liquid
waste management facilities, including sanitary landfills and incineration
facilities, may be very expensive or impossible to achieve.
E.Â
The Town's existing community character will be adversely
and unalterably impacted by the location and operation of any solid
or liquid waste management facilities within the Town.
F.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, and the containment methods for liquid waste.
G.Â
Solid and liquid waste regulation under the New York
State Environmental Conservation Law (ECL) is inadequate to relieve
the forgoing concerns.
The Town intends by this article to:
A.Â
Regulate, restrict, and/or prohibit the operation
of solid waste management facilities within the Town of Barre in order
to promote a clean, wholesome and attractive environment for the community.
B.Â
Reduce the risk of pollution from solid waste disposal
operations by restricting the scope and size of such activities.
C.Â
Ensure that accurate, current information about solid
waste disposal operations within the Town is available to public officials
and citizens.
D.Â
Protect the residents of the Town from undesirable
effects of solid waste disposal operation, including:
(1)Â
Unaesthetic results, including odors, blowing litter,
increased traffic, dust, and noise; and
(2)Â
Deterioration, or perceived 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 or the environment by contamination
of air, surface water, groundwater and land.
E.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 waste disposal operations within the Town that might otherwise
be permitted under the Environmental Conservation Law. Section 27-0711
of the Environmental Conservation Law specifically recognizes and
authorizes the right and authority of a Town to legislate stricter
controls on solid waste management operations than state law requires.
This article shall apply to all territory within
the confines of the Town of Barre, excepting any incorporated village.
A.Â
Unless defined below or the context otherwise requires,
the terms and words used in this article shall have the same meanings
as those defined in Article 27 of the Environmental Conservation Law
and Title 6, Parts 360, 364 and 617, of the New York Codes, Rules,
and Regulations.
B.Â
6 NYCRR
APPLICANT
ASHFILL
ASH or ASH RESIDUE
COMMERCIAL WASTE
CONSTRUCTION AND DEMOLITION DEBRIS
CONTAINMENT POND OR POOL
DEC
DISPOSAL
FACILITY
HAZARDOUS WASTE
HOUSEHOLD WASTE
INDUSTRIAL WASTE
LANDFILL or SANITARY LANDFILL
ON-SITE FACILITY
PERSON
RECYCLING
SEWAGE
SOLID OR LIQUID WASTE
SOLID WASTE INCINERATOR
SOLID WASTE MANAGEMENT FACILITY
As used in this article, these terms and words used
in this article shall be defined as follows:
Title 6 of the New York Codes, Rules, and Regulations.
The person or persons applying for a waiver under this article.
An applicant must be the owner of the solid waste management facility
and the site upon which it is located.
Any landfill designed to accept ash, ash residue, bottom
ash, combined ash, or fly ash.
All of 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 as a solid waste incinerator.
Liquid or 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, 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, 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 facility serving only the applicant's waste products
generated on the applicant's premises.
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.
The water-carried human or animal 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 begin spent, useless, worthless,
or in excess to the owners at the time of such discard or rejection,
including, but not limited to, 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:
An incinerator at which household waste and nonhazardous
industrial/commercial waste are combusted for energy.
Any facility employed beyond the initial solid or liquid
waste collection process and managing solid or liquid waste, including,
but not limited to: storage areas or facilities; transfer stations;
rail-haul or barge-haul facilities; procession facilities; landfills;
ashfills; disposal facilities; solid waste incinerators; resource
recovery facilities; recycling facilities; and waste tire storage
facilities; containment ponds or pools; sewage treatment plants and
storage tanks or containers; or any other facility of any kind designated
as a solid waste management facility by the DEC.
A.Â
The following are not subject to this article:
(1)Â
Any disposal of manure in normal farming operations
but not including sewage sludge processing and spreading.
(2)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 exempt
facilities are limited to citizen recycling programs, municipal recycling
operations, and bona fide salvage dealers.
(3)Â
Any sewage treatment facility but not including any
sewage sludge spreading facility.
A.Â
All relevant sections of Article 27 of the Environmental
Conservation Law and 6 NYCRR Parts 360, 364 and 617 are deemed to
be included within and as part of this article, and any violation
thereof shall be considered to constitute a violation of this article.
B.Â
The provisions of this article shall be interpreted
in such a manner as being consistent with state law, except that the
more stringent requirements of this article shall apply.
A.Â
No solid waste management facility shall hereafter
be permitted to commence operation or to continue operation within
the Town of Barre.
B.Â
A waiver from these prohibitions may be granted, after
notice and hearing, 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. Persons requesting 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 on-site facility waiver
shall accept, handle, import or transport any waste created or generated
by any other party or from any other source or location.
A.Â
All violations of this article or any of its regulations
or provisions shall be deemed Class A misdemeanors, punishable by
a fine not exceeding $5,000 or imprisonment not exceeding one year,
or both. Each and every day that a violation of this article is permitted
to exist shall constitute a separate offense.
B.Â
Any violation of this article or regulations or provisions
thereof shall create a liability to the people of the Town for a civil
penalty not to exceed $5,000, to be after a hearing or opportunity
to be heard, upon due notice and with the right to specification of
the charges and representation by counsel at such hearing. Each and
every day that a violation of this article occurs or continues shall
constitute a separate violation for purposes of civil liability.
C.Â
Upon any violation of this article by any person,
the Town 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 Town, and ordering that any land on which solid or liquid 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 or any by such other restorative measures as are available,
and further ordering that the operator remedy any effects of the violation
of surrounding or adjacent properties or resources, including, without
limitation, air, trees, crops, water bodies, wetlands and groundwaters.
All other ordinances and local laws or parts
thereof in conflict herewith are superseded by this article; provided,
however, that the provisions of this article shall not be interpreted
as obviating any requirements or restrictions wherever it is possible
to conform to the provisions of both this article and any other law
or ordinance.