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:
AGRICULTURE
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]
AQUIFER
An underground, water-bearing geologic formation.
BEDROCK
Cemented or consolidated earth materials exposed on the earth
surface or underlying unconsolidated earth materials.
CONSTRUCTION AND DEMOLITION DEBRIS
Wastes resulting from construction, remodeling, repair and
demolition of structures. Such wastes include bricks, concrete and
other masonry materials, soil, rock and lumber.
COVER MATERIAL
Soil or other suitable material acceptable to the Town that
is used to cover compacted solid waste in a land disposal site.
DAILY COVER
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.
DISPOSAL
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]
ECL
Chapter 43-B of the Consolidated Laws of New York State,
entitled "The Environmental Conservation Law."
FACILITY
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]
FINAL COVER
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.
FLOODPLAIN
The area adjoining a river, stream or lake, which would be
covered by floodwater from a one-hundred-year-frequency flood.
GARBAGE
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.
GROUNDWATER TABLE AND GROUNDWATER
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.
HAZARDOUS WASTE
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.
INCINERATOR
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.
INDUSTRIAL WASTE
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.
INTERMEDIATE COVER
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.
LANDSPREADING FACILITY
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]
LEACHATE
Liquid which has percolated through solid waste.
LIFT
The vertical thickness of a compacted volume of solid waste
and the cover material immediately above it.
OPERATOR
The person responsible for the operation of a solid waste
management facility.
PERSON
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.
PROCESSING FACILITY
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.
RESOURCE RECOVERY FACILITY
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.
RUNOFF
The portion of precipitation that drains from an area as
surface flow.
SALVAGE AREA
Controlled segregated area at a solid waste management facility
where recyclable material is stored pending removal from the facility.
SALVAGING
The controlled removal of waste materials for reuse.
SANITARY LANDFILL
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.
SECURE LAND BURIAL FACILITY
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.
SEPTAGE
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]
SLUDGE
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]
SOLID WASTE
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.
SOLID WASTE MANAGEMENT FACILITY
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]
STORAGE
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]
SURFACE WATER
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.
TOWN
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.
TRANSFER STATION
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.
TREATMENT
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]
VECTOR
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.
WORKING FACE
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.
[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.
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.
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.