Town of Barre, NY SOLID WASTE

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.

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.

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.

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.

§ 277-2 Definitions.

As used in this article, the following terms shall have the following meanings:

AUTHORIZED FACILITY

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.

RECYCLABLES

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.

SOLID WASTE

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.

SOURCE SEPARATION

The segregation of recyclable material from the solid waste stream at the point of generation for separate collection, sale or other disposition.

TOWN

The Town of Barre, New York.

WASTE GENERATOR

Any person, household, business, governmental agency, municipality or other legal entity which produces solid waste requiring off-site disposal.

WASTE HAULER

All persons engaged in the commercial collection, transportation and/or disposal of solid waste and/or recyclables generated, originated or brought within the Town.

§ 277-3 Preparation of recyclables for collection.

Each waste generator in the Town shall source separate recyclables from solid waste.

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.

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.

§ 277-4 Waste haulers.

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.

No waste hauler shall be required to accept for collection solid waste which has not been source separated or is hazardous waste.

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.

§ 277-5 Enforcement; penalties for offenses.

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.

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.

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.

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.

The Town shall be primarily responsible for the enforcement of this article and collection of all fines and penalties provided herein.

Article II Waste Management Facilities

[Adopted 1-3-1994 by L.L. No. 1-1994]

§ 277-6 Title.

This article shall be known as and may be cited as the "Waste Management Facilities Law of the Town of Barre."

§ 277-7 Findings.

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:

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.

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.

The Town's need for solid and liquid waste disposal are being met.

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.

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.

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.

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

§ 277-8 Purpose.

The Town intends by this article to:

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.

Reduce the risk of pollution from solid waste disposal operations by restricting the scope and size of such activities.

Ensure that accurate, current information about solid waste disposal operations within the Town is available to public officials and citizens.

Protect the residents of the Town from undesirable effects of solid waste disposal operation, including:

(1)

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

(2)

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)

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

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.

§ 277-9 Applicability.

This article shall apply to all territory within the confines of the Town of Barre, excepting any incorporated village.

§ 277-10 Definitions.

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.

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

6 NYCRR

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

APPLICANT

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.

ASHFILL

Any landfill designed to accept ash, ash residue, bottom ash, combined ash, or fly ash.

ASH or ASH RESIDUE

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.

COMMERCIAL WASTE

Liquid or solid waste generated by stores, offices, warehouses and restaurants.

CONSTRUCTION AND DEMOLITION DEBRIS

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.

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, 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.

LANDFILL or SANITARY LANDFILL

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

ON-SITE FACILITY

Any facility serving only the applicant's waste products generated on the applicant's premises.

PERSON

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.

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-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.

SOLID OR LIQUID WASTE

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:

(1)

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

(a)

Disposed of;

(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 INCINERATOR

An incinerator at which household waste and nonhazardous industrial/commercial waste are combusted for energy.

SOLID WASTE MANAGEMENT FACILITY

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.

§ 277-11 Exemptions.

The following are not subject to this article:

(1)

Any disposal of manure in normal farming operations but not including sewage sludge processing and spreading.

(2)

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)

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

None of the above exemptions shall be construed to permit any activity contrary to existing building codes[1] or other laws or as exempting any other permit required by state or local law.

[1]

Editor's Note: See Ch. 144, Construction Codes, Uniform.

§ 277-12 Coordination with state law.

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.

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.

§ 277-13 Prohibitions.

No solid waste management facility shall hereafter be permitted to commence operation or to continue operation within the Town of Barre.

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.

§ 277-14 Penalties for offenses; enforcement.

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.

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.

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.

§ 277-15 Repealer; effect on other laws.

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.