The purpose of this chapter is to protect the
public health and welfare through regulation of commercial composting
facilities. Despite the need for composting to reduce the reliance
on landfills as proposed by the EPA\DEC, the Village Board is looking
to provide some regulation where little or no regulations currently
exist.
As used in this chapter, the following terms
shall have the meanings indicated:
AEROBIC COMPOSTING
The process of decomposition of organic matter in an environment
with oxygen present. The microorganisms responsible for the decomposition
consume oxygen and produce carbon dioxide. This type of composting
is known to produce little or no offensive odor.
ANAEROBIC COMPOSTING
The process of decomposition of organic matter in an environment
with little or no oxygen present. The microorganisms responsible for
the decomposition do not need oxygen. This method of composting decomposes
compostables more slowly than aerobic composting and is known to produce
hydrogen sulfide and ammonia-like compounds which have offensive odors.
COMPOSTABLES
Brush, wood or wood by-products, leaves, grass clippings,
vegetative prunings and garden and yard waste.
COMPOSTING
The mixture of decomposable refuse at an outdoor, open-air
facility for the purpose of producing material for fertilization and
conditioning of soil.
COMPOSTING FACILITY
A site where composting occurs as part of a private business
or government service.
ODOR
Emission of substances detrimental to the health, well-being
and general safety of the community.
As of the effective date of this chapter, no
composting facility as defined and regulated herein shall be established
in the Village by any person or business entity, unless the composting
facility conforms to this chapter and other local, state and federal
regulations.
Enforcement officials shall be permitted entry
to the composting facility for inspection purposes to determine compliance
with this chapter and other applicable regulations.
Any person, corporation, partnership or any
other legal entity who fails to comply with any of the provisions
of this chapter shall be subject to a fine of not more than $1,000
per day of violation. Every act or violation and every day that a
violation occurs shall be considered a separate violation.
This chapter shall be liberally construed in
such a manner as to effectuate its purpose. The provisions of the
chapter shall be construed, if possible, in such a manner as to make
such provisions compatible and consistent with the provisions of all
existing and future zoning and other local laws and ordinances of
the Village and all amendments thereto; provided, however, that where
any inconsistency or conflict cannot be avoided, then the most restrictive
of such inconsistent or conflicting provisions shall control and prevail.
All ordinances, local laws or parts thereof
in conflict with the provisions of this chapter, except as herein
provided, are hereby repealed only to the extent necessary to give
this chapter full force and effect. However, this chapter shall not
otherwise in any way affect or modify the Village's existing ordinances.
Should any provision or section of this chapter
be held invalid for any reason, such holding shall not be construed
as affecting the validity of the remaining provisions or sections.
The repeal provided herein shall not abrogate
or affect any offense or act committed or done, or any penalty or
forfeiture incurred, or any pending litigation or prosecution, or
any right established or occurring prior to the effective date of
this chapter.
This chapter shall become effective immediately
upon its adoption and acceptance by the New York State Secretary of
State.