[Adopted 9-17-1996, effective 9-18-1996; amended in its entirety 3-4-2008, effective 3-12-2008]
It shall be unlawful for any person to conduct, operate, maintain or use any real estate in the City of Buffalo as landfill area, transfer station, or any other type of place for the reception or disposition of any type of inert fill or solid waste for either temporary storage or final disposal without first having obtained a license for each such premises from the Commissioner of Public Works, Parks and Streets. The owner or operator of any landfill or transfer station presently being operated at the effective date of this article under an active permit issued by the Commissioner of Public Works, Parks and Streets shall not be affected by this article for the remainder of the twelve-month life of said permit.
A. 
Each application shall be filed with the Commissioner of Public Works, Parks and Streets, using forms supplied by the Commissioner of Public Works, Parks and Streets, and shall be accompanied by a filing fee as provided in Chapter 175, Fees, of this Code.
B. 
The Commissioner of Public Works, Parks and Streets shall cause copies of the completed application to be forwarded to the Commissioners of Fire and Police and to the Environmental Management Commission for their recommendations. Said recommendations shall be made within 30 days and returned to the Commissioner of Public Works, Parks and Streets.
C. 
The Commissioner of Public Works, Parks and Streets shall forward the completed application, the Department of Public Works, Parks and Streets' recommendations, his or her own recommendation and any additional pertinent information concerning the application to the City Planning Board and the Common Council of the City of Buffalo.
A. 
Upon receipt of the application and accompanying information, the City Planning Board shall schedule a public hearing thereon as soon as practicable. Said hearing shall be preceded by a notice published at least once in a newspaper of general circulation, containing the name and address of the applicant, the address of the landfill or transfer station and the time and location of the public hearing.
B. 
Upon receipt of the application and the accompanying information, the Common Council shall refer said materials to its Committee on Legislation. The Committee on Legislation shall schedule a public hearing thereon as soon as practicable. Said hearing shall be preceded by a notice published at least once in a newspaper of general circulation, containing the name and address of the applicant, the address of the landfill or transfer station and the time and the location of the public hearing. Said publication must appear at least five days in advance of the public hearing.
C. 
The City Planning Board and the Common Council may approve the application with or without conditions or may reject it, upon stated written reasons therefor. In making their decisions, the City Planning Board and the Common Council shall consider the landfill's impact on the health, safety and welfare of the City's inhabitants as well as its impact upon the neighboring environment. The Board and the Council shall forward their decisions, to the Commissioner of Public Works, Parks and Streets. Only upon the concurrent approvals of both the Common Council and the City Planning Board shall the Commissioner of Public Works, Parks and Streets be authorized to issue the license.
A. 
Upon receipt of approval by both the City Planning Board and the Common Council, the Commissioner of Public Works, Parks and Streets shall require the applicant to supply a cash bond or a bond issued by a surety corporation and a grading plan.
B. 
The cash bond or bond issued by a surety corporation shall secure performance in accordance with the provisions of the Charter and the Code of the City of Buffalo and shall be in the penal sum computed as follows: $50,000 for any site up to one acre, plus $25,000 per acre thereafter. Said bond shall be acceptable to the Corporation Counsel and the Comptroller.
C. 
The grading plan shall be prepared and stamped by a licensed land surveyor and shall show existing grades, drainagecourses and final design grades for the site. The grading plan shall be acceptable to the Commissioner of Public Works, Parks and Streets.
Upon completion of all requirements, the Commissioner of Public Works, Parks and Streets shall issue a license to the applicant to operate a landfill or transfer station on the site described in the application for a period of 12 months.
Licenses issued hereunder may be renewed upon application therefor if the Commissioner of Public Works, Parks and Streets determines that the landfill or transfer station is being operated in strict accordance with the terms of the license and this article.
The Commissioner of Public Works, Parks and Streets may revoke licenses issued hereunder upon notice and after affording the licensee an opportunity to be heard. Licenses would be subject to revocation for failure to correct violations after having an opportunity to do so or for failure to abide by any conditions of the license.
In addition to the penalty of revocation, the Commissioner of Public Works, Parks and Streets may cause violations of this article to be corrected and the cost thereof to be charged against the property and the bond required hereunder. Such correction shall be subject to notice and a reasonable opportunity to correct the same.
A. 
The dumping of solid waste that is capable of putrefaction or becoming filthy, noxious or unhealthy is prohibited.
B. 
The placing of any combustible materials in any landfill or transfer station or, in any way, mixing in or covering such materials with the fill material is prohibited.
C. 
The placing or mixing of any regulated material of any kind within any landfill or transfer station is prohibited.
A. 
A violation of the provisions of §§ 216-17, 216-18 and 263-27 through 263-35 of this Code by a person shall be deemed a nuisance, punishable by fine or other penalty. The Commissioner of Police is hereby authorized to impound vehicles engaged in illegal dumping.
B. 
Any person violating the provisions of §§ 216-17, 216-18 and 263-27 through 263-35 of this Code may be liable, in addition to the general penalties, to the penalties established in Chapter 137, Article I, of this Code.
C. 
The Commissioner of Police is authorized to offer a reward of not less than $50 nor more than $250 for any information leading to the apprehension and conviction of any person violating §§ 216-17, 216-18 and 263-27 through 263-35 of this Code.
A. 
Upon completion of the landfill or transfer station operation, the landfill or transfer station operator shall completely cover the site with six inches of topsoil and shall seed the entire area.
B. 
The cash bond or surety bond will be returned to the applicant after the Commissioner of Public Works, Parks and Streets has confirmed that the following requirements have been satisfactorily met:
(1) 
The licensee has complied with all the specifications, provisions and any specific detailed conditions contained in the permit that is part of the license.
(2) 
The licensee or his agents have faithfully operated the landfill or transfer station area in accordance with the spirit and intent of the provisions of this article.
(3) 
Final grading and seeding have been completed.