[Adopted 6-18-1979 by L.L. No. 1-1979]
The Town Board finds that solid waste is a deleterious substance;
that improperly maintained solid waste management facilities emit
obnoxious fumes and odors; that such facilities cast dust and particles
upon neighboring persons and properties; that such facilities emit
harmful noises; that such facilities attract rodents, scavengers,
birds, vermin and other beasts and become breeding places therefor;
that the burning of solid waste causes smoke and oxidized material
to be given off into the air which the community must breathe; that
solid waste can produce harmful liquids which drain off into the soil;
that certain solid wastes contribute to an increase in mortality or
an increase in serious, irreversible or incapacitating illness; that
solid wastes cause or significantly contribute to a substantial present
or potential hazard to human health or the environment when improperly
treated, stored, transported, disposed or otherwise managed; that
the purpose of this article is to protect and preserve the health,
safety and welfare of the residents of the Town of Onondaga by regulating
solid waste located within the Town; and that this article relates
to the property, affairs and government of the Town.
As used in this article, the following terms shall have the
meanings indicated:
The cultivation and production of crops for human consumption.
"Agriculture" shall include the use of land for the grazing of dairy
cows or other animals whose products are consumed by humans.
[Added 3-21-1988 by L.L. No. 1-1988]
An underground, water-bearing geologic formation.
Cemented or consolidated earth materials exposed on the earth
surface or underlying unconsolidated earth materials.
Wastes resulting from construction, remodeling, repair and
demolition of structures. Such wastes include bricks, concrete and
other masonry materials, soil, rock and lumber.
Soil or other suitable material acceptable to the Town that
is used to cover compacted solid waste in a land disposal site.
A compacted layer of at least six inches of cover material
that is placed on all exposed solid waste in a landfill at the end
of each day of operation, except for recyclable materials properly
located in a salvage area.
The discharge, deposit, injection, dumping, spilling, spreading,
leaking or placing of any solid waste into or on any land or water.
[Added 3-21-1988 by L.L. No. 1-1988]
Chapter 43-B of the Consolidated Laws of New York State,
entitled "The Environmental Conservation Law."
All contiguous land and structures or other improvements
used for a solid waste management facility. Each solid waste management
facility located on noncontiguous parcels of land shall constitute
a separate facility.
[Amended 3-21-1988 by L.L. No. 1-1988]
A compacted layer of at least 24 inches of cover material,
the uppermost six inches of which is soil of a composition suitable
to sustain plant growth, that is placed on all surfaces of a landfill
where no additional refuse will be deposited within one year.
The area adjoining a river, stream or lake, which would be
covered by floodwater from a one-hundred-year-frequency flood.
Putrescible solid waste, including animal and vegetable waste,
resulting from the handling, storage, sale, preparation, cooking or
serving of foods. "Garbage" originates primarily in home kitchens,
stores, markets, restaurants and other places where food is stored,
prepared or served.
Respectively, the seasonally high surface of the zone of
full saturation of the soil at which the groundwater is subjected
to atmospheric pressure, and the water in the ground for which a groundwater
table exists.
A solid waste or combination of solid wastes which, because
of its quantity, concentration or physical, chemical or biological
characteristics, may cause or significantly contribute to an increase
in mortality or an increase in serious irreversible, or incapacitating
reversible, illness, or cause or significantly contribute to a substantial
present or potential hazard to human health or the environment when
improperly treated, stored, transported, disposed or otherwise managed.
Such wastes shall include but not be limited to wastes which are bioconcentrative,
highly flammable, explosive, highly reactive, toxic, poisonous, radioactive,
irritating, sensitizing or infectious, and shall include wastes that
are solid, semisolid or liquid or contain gases. The final determination
of whether or not a waste is hazardous shall be made by the Town.
A facility utilizing a controlled process by which solid,
liquid or gaseous combustible wastes are burned and changed into gases,
and the residue produced contains little or no combustible materials.
Wastes in liquid, semisolid or solid form that result from
industrial or commercial processes, including but not limited to factories,
processing plants and repair and cleaning establishments, which wastes
include but are not limited to sludges, oils, solvents, spent chemicals
and acids.
A compacted layer of at least 12 inches of cover material
that is placed on all surfaces of a landfill where no additional refuse
will be deposited within 30 days.
A site used for a solid waste management facility and where
sludge or septage is applied to the soil surface or injected into
the upper layer of the soil.
[Added 3-21-1988 by L.L. No. 1-1988]
Liquid which has percolated through solid waste.
The vertical thickness of a compacted volume of solid waste
and the cover material immediately above it.
The person responsible for the operation of a solid waste
management facility.
Any individual, public or private corporation, political
subdivision, government agency, department or bureau of the state,
municipality, industry, copartnership, association, firm, trust, estate
or any other legal entity.
A combination of structures, machinery or devices utilized
to reduce or alter the volume, chemical or physical characteristics
of solid waste through processes such as baling or shredding prior
to delivery of said refuse to a resource recovery facility, sanitary
landfill or incinerator.
A combination of structures, machinery or devices utilized
to separate, process, modify, convert, treat or prepare collected
solid waste so that component materials or substances or recoverable
resources may be used as a raw material or energy source.
The portion of precipitation that drains from an area as
surface flow.
Controlled segregated area at a solid waste management facility
where recyclable material is stored pending removal from the facility.
The controlled removal of waste materials for reuse.
A land disposal site employing an engineered method disposing
of solid wastes on land in a manner that minimizes environmental hazards
by spreading the solid wastes in thin layers, compacting the solid
wastes to the smallest practical volume and applying and compacting
cover material at the end of each operating day.
A disposal facility meeting the design and operation requirements
of these rules and regulations for the proper disposal of hazardous
wastes, so that such wastes are immobilized or otherwise prevented
from release to the environment or rendered harmless or decomposed
into harmless materials within the facility.
The contents of a septic tank, cesspool or other individual
sewage treatment facility which receives domestic sewage wastes.
[Added 3-21-1988 by L.L. No. 1-1988]
Any solid, semisolid or liquid waste generated or deposited
from municipal or private sewage treatment plants. For purposes of
this article, "sludge" shall be deemed to have originated or generated
from the sewage treatment plant and not from the source producing
the sewage.
[Amended 3-21-1988 by L.L. No. 1-1988]
Materials or substances discharged or rejected as being spent,
useless, worthless or in excess to the owner at the time of such discard
or rejection, except sewage and other highly diluted water-carried
materials or substances and those in gaseous form. Such wastes shall
include but are not limited to garbage, sludge, rubbish, ashes, incinerator
residue, street cleanings, dead animals, offal, abandoned vehicles,
agricultural waste, industrial waste, commercial waste and construction
and demolition debris.
Any facility employed beyond the initial solid waste collection
process, including but not limited to transfer stations; baling facilities;
rail-haul or barge-haul facilities; treatment facilities; processing
facilities, including resource recovery equipment or other facilities
to reduce or alter the volume, chemical or physical characteristics
of solid waste; sanitary landfills; plants and facilities for composting,
compacting or pyrolyzing solid wastes; incinerators; landspreading
facilities; secure land burial facilities; industrial waste processing
or disposal facilities; and storage areas associated with any of the
foregoing.
[Amended 3-21-1988 by L.L. No. 1-1988]
The containment of any solid waste, either on a temporary
basis or for a period of years, in such a manner as not to constitute
disposal of such waste.
[Added 3-21-1988 by L.L. No. 1-1988]
Ponds, impounding reservoirs, springs, rivers, streams, creeks
and marshes within the territorial limits of the Town and all other
bodies of surface water, natural or artificial, public or private.
The Town of Onondaga. Whenever this article refers to any
action which is to be taken or authorized by the "Town," the provision
shall be deemed to refer to the Town Board unless otherwise specified.
A combination of structures, machinery or devices at a place
or facility where solid waste is taken from collection vehicles and
placed in larger transportation units for movement to another solid
waste management facility.
Any method, technique or process, including neutralization,
designed to change the physical, chemical or biological character
or composition of any solid waste to neutralize such waste, recover
energy or material resources from the waste, to render such waste
safer to transport, store or dispose of, or amenable for recovery,
storage or reduction in volume.
[Added 3-21-1988 by L.L. No. 1-1988]
A carrier that is capable of transmitting a pathogen from
one organism to another, including but not limited to flies and other
insects, rodents, birds and vermin.
That portion of a sanitary landfill where waste is discharged
and compacted prior to placement of cover material.
The following solid waste management facilities are exempt from
this article:
A.
Disposal areas for solid waste generated from a one-family residence
or from a farm, when such wastes, other than hazardous wastes, are
generated and disposed of within the property boundaries of such residence
or farm.
B.
Transfer, storage, incineration and processing facilities located
at and used for solid waste, other than hazardous waste, generated
at apartment houses, schools, parks, industries, hospitals, commercial
establishments, individual residences and farms.
C.
Sites used solely for the deposition of inert, nonputrescible construction
and demolition debris.
A.
General requirements for all solid waste management facilities. Any
person who designs, constructs, maintains or operates any solid waste
management facility shall do so in conformance with the requirements
of this article.
(1)
Solid waste shall not be deposited in and shall be prevented from
entering surface waters or ground waters.
(2)
Solid waste management facilities shall not be placed on agricultural
land designated as Class I and/or Class II land (New York State Inventory
of Soil and Water Conservation Needs 1967) if such land is being actively
used as crop land within an agricultural district formed pursuant
to the Agriculture and Markets Law.
(3)
Leachate from a solid waste management facility shall not be allowed
to drain or discharge into surface waters and shall not contravene
groundwater quality standards established by the New York State Department
of Environmental Conservation pursuant to ECL § 17-0301.
(4)
Salvaging, if conducted by or permitted by the facility operator,
shall be controlled by the facility operator within a designated salvage
area and shall not interfere with facility operation nor create hazards
or nuisances.
(5)
Access to facilities shall be permitted only when an attendant is
on duty.
(6)
Access to and use of facilities shall be controlled by fences, gates,
signs and other suitable means as the Town shall determine.
(7)
Blowing papers and litter shall be confined to refuse holding and
operating areas by fencing or other suitable means.
(8)
Vectors, dust and odors shall be controlled by effective means so
that they shall not constitute nuisances or hazards to health, safety
or property.
(9)
On-site roads used to transport solid wastes shall be kept passable
and safe at all times and shall be paved with asphalt. The pavement
structure and subgrade of said roads shall be of adequate thickness
and composition as to support all vehicles traveling thereon, and
said roads shall be maintained and kept in good repair at all times.
(10)
Safety hazards to all persons on and near the facility shall
be minimized.
(11)
Noise levels at solid waste management facilities shall be controlled
as follows:
(a)
BACKGROUND SOUND LEVEL
DAYTIME
L10
L50
NIGHTTIME
RESIDENTIAL PURPOSE
SOUND LEVEL
SOUND-LEVEL METER
SOUND PRESSURE LEVEL
For the purposes of this subsection, the following definitions
of terms apply:
The sound level measured in the absence of the sound produced
by the solid waste management facility.
From 7:00 a.m. to 7:00 p.m. on Monday through Friday of each
week and from 7:00 a.m. to 12:00 noon on Saturday of each week.
The sound level which is exceeded for 10% of any one-hour
time interval. It is not necessary that measurements be taken over
a full one-hour time interval, but sufficient measurements must be
available to allow a valid extrapolation to a one-hour time interval.
The sound level which is exceeded for 50% of any one-hour
time interval. It is not necessary that measurements be taken over
a full one-hour time interval, but sufficient measurements must be
available to allow a valid extrapolation to a one-hour time interval.
That part of a twenty-four-hour time interval which is not
otherwise defined as daytime.
Any mode of normal human habitation, including but not limited
to homes, apartments, motels, schools, hospitals and parks.
The weighted sound pressure level, measured by the use of
a metering characteristic and the weighting A, B or C, as specified
in the American National Standards Institute Specification for Sound-Level
Meters S1.4-1971. The weighting employed must always be stated. Unit:
decibel (dB).
An instrument including a microphone, an amplifier, an output
meter and frequency weighting networks for the measurement of sound
levels. "Sound-level meters" shall conform to the requirements of
the American National Standards Institute Specifications for Sound-Level
Meters S14-1971, Types 1, S1A, 2 or S2a.
Twenty times the logarithm to the base 10 of the ratio of
the pressure of a sound to the reference pressure. The reference pressure
shall be 20 micropascals. The sound pressure is the effective root
mean square (rms) sound pressure. Unit: decibel (dB).
(b)
Sound measurement.
[1]
The operational activities at a solid waste management facility
shall not cause the sound level beyond the property line at locations
either in use for residential purposes or permitted to be used for
residential purposes by the Town Zoning Ordinance to exceed the sound
level limits set forth in the following table:
|
Character of Community
|
Daytime
|
Nighttime
| |||
|---|---|---|---|---|---|
|
L10
|
L50
|
L10
|
L50
| ||
|
Rural
|
60 dB(A)
|
55 dB(A)
|
50 dB(A)
|
45 dB(A)
| |
|
Suburban
|
65
|
60
|
55
|
50
| |
|
Urban
|
70
|
65
|
60
|
55
| |
[2]
When measuring the sound from the solid waste management facility
for comparison with the limits set forth in the above table, contributions
from sounds emitted by the following shall not be included: motor
vehicles licensed to operate on public highways; natural sounds, except
those emitted by seagulls or other birds not indigenous to the facility;
and sound sources located outside the boundaries of the facility,
including but not limited to public highways and overflying aircraft.
[3]
For each applicable allowable sound level limit set forth in
the above table that is already exceeded by the corresponding L10 or L50 background sound level,
the value of such limit shall be equal to the value of the corresponding
L10 or L50 of the background
sound level minus five decibels. Any L10 or
L50 allowable sound level limits that are not
already exceeded by the corresponding L10 or
L50 background sound level shall not be so
adjusted.
(c)
Mufflers shall be installed on all internal-combustion-powered
equipment used at any solid waste management facility and on all other
equipment for which mufflers are available, and sound levels for such
equipment shall not exceed 88 dB(A) at a distance of 50 feet as measured
by procedures that conform to the applicable provisions of the measurement
standards of the Society of Automotive Engineers, including but not
limited to J87, J88a and J952b.
(12)
Adequately heated and lighted shelters for operating personnel
shall be provided for the facility. A safe drinking water supply,
sanitary toilet facilities and telephone or radio communication shall
also be provided.
(13)
Adequate numbers, types and sizes of properly maintained equipment
shall be available to the facility during all hours of operation.
(14)
Shelter for mobile equipment shall be provided for routine maintenance
and repair.
(15)
No open burning shall occur at any time. All fires shall be
extinguished immediately. The facility shall at all times contain
fire-extinguishing equipment sufficient to extinguish any fires which
occur at the facility.
(16)
Solid waste shall be confined to an area which can be effectively
maintained, operated and controlled.
(17)
Hazardous wastes shall not be accepted, stored or deposited
at any solid waste management facility in the Town. No person shall
transport or bring into the Town, or cause or permit to be transported
or brought into the Town, any hazardous wastes.
(18)
Reports on forms acceptable to or provided by the Town shall
be submitted on April 15, July 15, October 15 and January 15 of each
year, covering the quarters ending March 31, June 30, September 30
and December 31, respectively. The reports shall show income, operating
expenses, other expenses, cash flow and other financial details and
the following data concerning vehicles entering the facility: vehicle
descriptions, vehicle weights, number of trips to the facility per
day and the weight of each load of solid waste deposited.
(19)
A proposed plan of operation for each facility shall be filed
with the Town which shall include, in addition to any other items
which the Town may require, the following: the property boundaries
of the facility; property lines of all properties immediately adjacent
thereto; existing and proposed structures located on the facility;
existing structures off site within 1,000 feet of the facility boundary;
existing and proposed on-site roads; existing and proposed off-site
access roads and public highways to be used for access; all on-site
utilities, including storm sewer, sanitary sewers and water mains;
all off-site utilities within 1,000 feet of the boundary of the facility;
contours (United States Geological Survey datum) as they existed within
the facility prior to the commencement of operations and extending
1,000 feet outside the facility boundary, at intervals not to exceed
five feet; and proposed final contours (United States Geological Survey
datum) of the facility showing the final proposed elevation, including
final cover. The above plan shall be drawn to scale [not less than
one inch equals 100 feet] by a duly licensed professional engineer
or land surveyor of the State of New York. In addition to the foregoing,
a location plan shall be submitted showing the facility and all public
roads within a three-mile radius. Said plan shall be drawn to a scale
of not less than one inch equals 2,000 feet.
(20)
Facilities shall be maintained and operated so as to function
in accordance with the designed and intended use of the facility.
Equipment in use at each facility shall be maintained to operate effectively.
Contingency plans approved by the Town for emergency situations shall
be implemented in accordance with the terms of those plans.
(21)
Solid waste management facilities shall not be operated or constructed
on floodplains.
(22)
The minimum horizontal distance between a solid waste management
facility and the feature listed below shall be as follows:
[Added 3-21-1988 by L.L. No. 1-1988]
|
Feature
|
Distance
(feet)
| |
|---|---|---|
|
Property line
|
200
| |
|
Residence or place of business
|
2,000
| |
|
Potable water well or supply
|
1,000
| |
|
Stream or other body of water
|
1,000
| |
|
Drainage swale
|
100
|
(23)
The owner of each solid waste management facility shall execute
a written document, suitable for recording in the Onondaga County
Clerk's office, real property title records for the land upon
which such facility is located, stating that such land has been used
for such facility and that information concerning the extent of such
use may be obtained from the Town or the New York State Department
of Environmental Conservation.
[Added 3-21-1988 by L.L. No. 1-1988]
B.
Requirements for sanitary landfill facilities. In addition to the
general requirements contained in this article, the requirements of
this subsection shall apply to the design, construction, maintenance
and operation of sanitary landfill facilities. Where conflicting requirements
exist, the more stringent shall apply.
(1)
A vertical separation of at least five feet shall be maintained between
the solid waste and the groundwater table or bedrock.
(2)
A horizontal separation, of a distance to be determined by the Town,
shall be maintained between deposited solid waste and any surface
waters. The distance shall be determined for each sanitary landfill
by reference to soil attenuation characteristics, drainage and natural
or man-made barriers.
(3)
A minimum of three groundwater monitoring wells, or more as determined
by the Town, shall be provided at a new or modified facility, and
at least two wells shall be located down gradient from the solid waste
fill area. Appropriately located, constructed and monitored wells
off site may be used to satisfy this requirement. Where determined
by the Town, monitoring wells may be required at facilities in existence
on the effective date of this article.
(4)
Water monitoring programs shall be undertaken when and where directed
by the Town.
(5)
Baseline water quality conditions (reflecting annual, seasonal data)
of both groundwater and surface waters shall be established to the
satisfaction of the Town prior to depositing any solid waste at a
new site.
(6)
Decomposition gases generated within the sanitary landfill shall
be controlled so as not to create hazards to health, safety or property.
(7)
Specific cover and compaction requirements.
(a)
Solid waste shall be spread in two-foot layers or less and compacted
upon deposition at the working face. The working face shall be restricted
to the smallest area practicable.
(b)
Lift height shall not exceed 10 feet.
(c)
Daily cover shall be placed upon all exposed solid waste prior
to the end of each operating day.
(d)
Intermediate cover shall be applied whenever an additional lift
of refuse is not to be applied within 30 days.
(e)
Final cover shall be applied in each of the following circumstances:
[1]
Whenever an additional lift of refuse is not to be applied within
one year.
[2]
To any area of a landfill attaining maximum vertical elevation,
within 90 days after such elevation is attained.
[3]
To an entire landfill which is the subject of any application
that is denied or any permit that terminates for any reason, within
90 days of such denial or termination.
(8)
Cover material and drainage control structures shall be designed,
graded and maintained to prevent ponding and erosion and to reduce
to a minimum infiltration of water into the solid waste cells.
(9)
A grass or ground cover crop shall be established and maintained
on all exposed final cover material within four months after placement
or, season not permitting, as otherwise prescribed by the Town.
(10)
Soil cover integrity, slopes, cover vegetation, drainage structures,
groundwater monitoring facilities and gas venting structures shall
be maintained for a period of five years beyond the date the placement
of final cover is completed or for a longer period as required by
the Town.
(11)
No materials which, when combined together, will produce hazardous
wastes shall be disposed of in a sanitary landfill.
(12)
All fill areas or excavations at a sanitary landfill shall terminate
no closer than 50 feet to the boundary lines of the property on which
the sanitary landfill is operated.
(13)
A surveying benchmark shall be established and maintained on
the site.
(14)
Unless the Town shall determine otherwise, all slopes of fill
areas within a sanitary landfill facility shall be inclined no steeper
than one-foot vertical and three feet horizontal. The maximum vertical
elevation of all fill areas shall be determined by the Town upon aesthetic
considerations and the topography of the area surrounding the facility.
(15)
Upon transfer of ownership of a sanitary landfill site, a provision
shall be included in the property deed indicating the period of time
during which the property has been used as a landfill, a description
of the wastes contained within and the fact that the records for the
facility have been filed with the Town. The said deed shall also reference
a map, which shall be filed with the Onondaga County Clerk, showing
the limits of the landfilled areas within the property.
(16)
Additional requirements, including but not limited to leachate
collection, impervious liners and impervious caps, may be required
by the Town.
C.
Requirements for landspreading facilities. In addition to the general
requirements contained in this article, all landspreading facilities
located in the Town shall be designed, constructed, maintained and
operated in compliance with the following requirements. Where conflicting
requirements exist, the more stringent shall apply.
[Added 3-21-1988 by L.L. No. 1-1988]
(1)
Any land which is used for a landspreading facility shall not thereafter
be used for agriculture until such time as the Town Board receives
certification in writing from an independent professional engineer
licensed by the State of New York that the content in said soil of
pathogens, heavy metals and other substances known to be harmful to
humans is within limits established at the time of said certification
by the New York State Department of Environmental Conservation. In
no event shall such land be used for agriculture until at least 18
months have elapsed since such landspreading occurred.
(2)
Before landspreading is undertaken, all sludge shall be stabilized
and otherwise treated for pathogen reduction by a process at least
equivalent to that defined in 40 CFR (Code of Federal Regulations)
256, A Process to Significantly Reduce Pathogens.
(3)
In addition to the requirements contained in Subsection A(19) of this section, a detailed soil analysis shall be provided for each facility, including the types and classifications of soil present, the pH levels of their plow layers and the ambient levels of each of the following substances: mercury, cadmium, nickel, copper, lead, chromium, zinc, total PCBs, pathogens and other toxic substances; and such other tests as the Town Board may require.
(4)
In order to reduce the possibility of runoff or off-site contamination,
only dewatered sludge with a minimum solid content of 20% shall be
allowed to be landspread. Landspreading shall not be permitted in
an area with a slope in excess of 6% or on any area where bedrock
lies less than three feet below the ground surface. Landspread material
shall not be deposited on snow, frozen or saturated ground or during
periods of rain.
(5)
Sludge or sewage storage lagoons shall not be permitted.
(6)
In order to reduce or eliminate odors, all sludge shall be incorporated
into the soil by 5:00 p.m. the same day it is applied by means of
plowing, disking, injection or other acceptable method.
(7)
Dikes, berms or other suitable means shall be utilized in order to
prevent any sludge from running off the site. Landspread material
shall not be deposited in a manner which would allow it to drain or
become washed into any body of water, stream or surface water drainage
swale or facility.
(8)
Landspread material shall not be allowed to come into direct contact
with agriculture produce that will be consumed by humans or domestic
livestock. Public access to each facility shall be controlled for
at least 12 months after each application of material. At a minimum,
signs warning the public of the use of the site as a landspreading
facility, in size and content acceptable to the Town, shall be posted
around the perimeter of the site at an interval of no more than 200
feet.
(9)
Sludge shall be tested for pathogens, heavy metals and other substances
known to be harmful to humans at such frequency, both prior to and
subsequent to spreading, but in any event at least quarterly, as shall
be determined by the Town Board, giving due regard to the source of
the sludge, the size and location of the facility and the quantity
of sludge being spread.
(10)
Soil testing and groundwater and surface water monitoring for heavy metals, pathogens and other substances known to be harmful to humans shall be conducted both on and adjacent to the facility at such locations in such detail and at such frequency as shall be established by the Town Board, giving due regard to criteria listed in Subsection C(9) above.
(11)
Prior to any landspreading, the areas to be landspread shall
be surveyed by a land surveyor licensed by the State of New York and
the boundaries of said areas staked at all corners thereof and otherwise
at intervals of 500 feet.
(12)
In addition to the reports required by Subsection A(18), the owner or operator of each landspreading facility shall, during the time of landspreading activities and for the period ending 18 months thereafter, submit quarterly reports to the Town Board showing the following information for each such facility: quantities of materials spread, amount of acreage used, types of crops or vegetation planted and harvested, identity of person to whom said crops are sold or transferred and ultimate use or destination of said crops.
A.
No person being the owner, driver, helper, manager or operator of
any truck or other vehicle used in the collection or transportation
of solid waste shall allow any of said material or any mud on said
vehicle or the wheels or tires thereof to become dislodged or to fall
or blow from such vehicle upon any of the streets, highways, sidewalks
or public places in the Town, or upon any property in the Town, whether
real or personal, public or private.
B.
Before leaving the premises of any solid waste management facility,
all vehicles shall be inspected by the operator thereof and by the
operator of the facility for the presence of mud or solid waste on
said vehicle or the wheels or tires thereof, and all such mud and
solid waste shall be removed therefrom before the vehicle leaves the
premises.
[Added 3-21-1988 by L.L. No. 1-1988]
A.
No person shall own or operate a solid waste management facility
in the Town without first obtaining a permit for same issued by the
Town Board.
B.
Public hearing. No permit authorized by this article shall be issued
for the first time until after a public hearing by the Town Board
in relation thereto, at which parties in interest and citizens shall
have an opportunity to be heard. Public hearings shall not be held
on renewals or amendments of permits previously issued under this
article unless the facility is to be expanded or operated in excess
of any limitations or conditions imposed by the Town Board in the
original permit.
C.
Procedure. Issuance of a permit for a solid waste management facility
shall be carried out under the following procedures:
(1)
Application. The owner of the proposed facility shall apply to the Town Board by filing with the Town Clerk a full statement of a proposed plan of operation, including the items set forth in § 237-4A(19) of this article, proposed phasing of development, environmental impact statement and a proposed plan of corrective or remedial action to be taken in the event of air or surface or groundwater contamination or the spill or release of solid waste on or into any off-site public or private property, surface water or highway, accompanied with a request for approval of the proposed action.
(2)
Scheduling of public hearing. Within 45 days of receiving a completed
application under this article, the Town Board shall schedule a public
hearing. The Town Board may schedule additional public hearings if
it chooses.
(3)
Consultations. The Town Board may, in its discretion, refer the application
to county, regional or state agencies and to private engineers and
consultants for their review and comment and may also require additional
tests or environmental studies, which shall be paid for by the applicant,
to assist the Town Board in evaluating the proposed action.
(4)
Advertisement of public hearing. The time and place of the public
hearing shall be advertised in the official paper of the Town at least
20 days prior to the date of the hearing. The Town Board may also
post the site of the proposed action and use other means to advertise
the public hearing.
(5)
Decision. Within 60 days after the final public hearing, the Town
Board shall render its decision of approval, approval with modifications
and/or conditions or disapproval.
D.
Criteria. The Town Board, in rendering its decision, shall consider
the following:
(1)
The overall impact of the proposed action on the community.
(2)
The adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers
and traffic controls.
(3)
The adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or noise buffer between the applicant's
and adjoining lands, including the maximum retention of existing vegetation.
(4)
Protection of nearby surface and groundwaters from contamination.
(5)
Protection of residents and adjacent or neighboring properties against
noise, glare, odors, unsightliness, contamination or other objectionable
features.
(6)
The adequacy of the proposed plan for emergency, corrective or remedial
actions.
E.
Permits and renewals thereof. Permits may be issued or amended by
the Town Board upon compliance by the applicant with the provisions
of this article and subject to any reasonable conditions imposed by
the Town Board. The original permit so issued shall remain in effect
for one year following grant of the permit. Permits may be renewed
thereafter for successive one-year periods upon filing an application
for renewal in the form approved by the Town Board and payment of
the permit fee. Renewal permits shall not be issued for facilities
which are in default of any conditions established by the Town Board
or which are being operated or maintained in violation of this article.
When required by the Town Board, the applicant, upon obtaining a renewal
permit, shall furnish an additional bond or security in an amount
approved by the Town Board as sufficient to ensure compliance with
this article and any conditions established by the Town Board.
F.
Permit fees. The permit fee shall in an amount as set from time to
time by resolution of the Town Board and shall be paid at the time
the application is made and thereafter in the event of renewal. The
Town, in addition to the permit fee, may assess the applicant with
the costs of advertising the notice of hearing on such application
and may make the issuance of the permit conditional upon payment of
same.[1]
G.
Revocation or suspension. If any officer or authorized representative
or employee of the Town finds that any facility permitted hereunder
is not being operated in accordance with the provisions of this article,
including any conditions established by the Town, such facts shall
thereupon be reported to the Town Board, and the Town Board may direct
that an order in writing be served upon the holder of the permit,
directing that the conditions therein specified be remedied within
five days after date of service of such order. If such conditions
are not corrected after the expiration of said five-day period, the
Town Board may serve a notice in writing upon the holder of said permit
requiring the holder of said permit to appear before the Town Board
at a time to be specified in such notice and show cause why such permit
should not be revoked or suspended. The Town Board may, after a hearing
at which testimony of witnesses may be taken, and the holder of the
permit shall be heard, revoke or suspend such permit if said Town
Board shall find that said facility is not being operated in accordance
with the provisions of this article or for other sufficient cause.
[Amended 3-21-1988 by L.L. No. 1-1988]
The owner of every solid waste management facility shall furnish the Town with an undertaking, executed by one or more sureties satisfactory to the Town or in the form of cash, in an amount sufficient to reimburse the Town against any damages or expenses incurred by the Town in enforcing this article or in remedying any violation thereof, including but not limited to expenses incurred in complying with the requirements set forth in § 237-4 of this article and in remedying any interference with or contamination of adjacent or nearby properties, surface water or water sources. The Town shall determine the amount of such undertaking having due record for the size of the facility and the amount of solid waste being deposited, treated, stored or processed therein, but it shall not be less than three times the total assessed value of the land upon which the facility is located as shown on the current assessment roll of the Town. Said undertaking shall be kept in full force and effect at all times.
[Amended 3-21-1988 by L.L. No. 1-1988]
A.
No person shall transport, import or bring into the Town, or cause
or permit to be transported, imported or brought into the Town, or
shall throw, dump, dispose or deposit in or on any private or public
land in the Town, or cause or permit to be so thrown, dumped, disposed
or deposited, any solid waste originated or generated outside of the
Town or from any source outside the Town.
B.
No person shall operate a solid waste management facility which accepts
or receives solid waste originating or generated outside of the Town.
No solid waste management facility which violates any provision
of this article shall remain in operation while such violations continue.
In addition, any solid waste management facility which violates any
provision of this article is hereby declared to be a public nuisance.
[Amended 3-21-1988 by L.L. No. 1-1988]
Every solid waste management facility shall be subject to periodic
inspections without notice. The owner and operator of each such facility
shall allow on-site inspection thereof upon demand by any officer
or other duly authorized employee or representative of the Town and
shall, as a condition to obtaining a permit under this article, execute
written permission giving effect to this provision.
A.
Any person who violates any provision of this article shall be guilty
of a Class A misdemeanor and shall be punished by such fine or imprisonment,
or both, as shall be provided by the New York State Penal Law. Each
day of continued violation shall be deemed a separate violation of
this article.
B.
This chapter may be enforced by any authorized police officer or
by the Codes Enforcement Officer of the Town. Any such enforcement
official is authorized to issue an appearance ticket, an information,
a misdemeanor complaint or any other appropriate accusatory instrument,
in the manner provided by the Criminal Procedure Law of the State
of New York or by any pertinent ordinances or local laws of the Town,
to the owner or operator of the solid waste management facility as
well as to any other person who is violating the provisions of this
article.
Nothing in this article shall be deemed to impair or diminish
any cause of action or remedy which the Town may have under any other
local law, under any statute, ordinance or regulation or under the
common law; provided, however, that in the case of a conflict, those
terms or rules of law shall control which are more restrictive upon
the solid waste management facility. In addition thereto, the Town
may enforce this article by court injunction.
Any person adjudged in a criminal or civil proceeding to have
violated this article shall be liable to the Town for all expenses
incurred by the Town in connection with the proceeding, including
the reasonable attorneys' fees of the Town in connection therewith.
