[Adopted 4-1-1985 by L.L. No. 2-1985]
The Town Board finds that solid waste is a deleterious substance;
that improperly maintained solid waste management facilities emit
obnoxious fumes and odors; that papers and debris from such facilities
are cast upon neighboring properties; that such facilities generate
traffic and emit disturbing noises both in operation of the site and
in access over the public highways leading thereto; that such facilities
attract rodents, scavengers, birds, vermin and other animals 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 such facilities are attractive nuisances and a hazard
to local children; 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 Town of Onondaga, since 1978, has been
the repository of solid wastes emanating from the various portions
of Onondaga County in amounts exceeding 200,000 tons per year, the
overwhelming majority of which originated from sources beyond the
Town's municipal limits; 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 the amount of solid waste deposited
and processed 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:
Any individual, public or private corporation, municipality,
industry, partnership, association, firm, trust, estate or any other
legal entity.
A land disposal site employing a method disposing of solid
wastes on land by spreading the solid wastes in layers, compacting
the solid wastes and applying cover material.
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;
hauling 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; industrial waste processing or disposal facilities;
and storage areas associated with any of the foregoing.
The Town of Onondaga.
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.
A.
No person who owns, leases or operates a solid waste management facility
in the Town, including such facilities in operation upon the effective
date of this article, shall accept for treatment, transfer, landfilling,
processing or storage or for any other purpose, solid waste in amounts
exceeding 1,000 tons per month.
B.
No person shall deliver or cause to be delivered to a solid waste
management facility located within the Town or cause any other person
or operator of a solid waste management facility located within the
Town to accept for treatment, transfer, landfilling, processing or
storage or for any other purpose solid waste in amounts exceeding
1,000 tons per month.
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.
Any person or persons violating any of the provisions of this
article shall be punished, upon conviction, by a fine not exceeding
$250 or confinement to a maximum term of imprisonment for a period
not to exceed 15 days, or by both such fine and imprisonment. Each
day's continued violation shall constitute a separate and additional
violation hereunder.
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.
