Town of Lewiston, NY
Niagara County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Lewiston Town Board as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-8-1982 by L.L. No. 2-1982 (Ch. 138, Art. I, of the 1965 Code)]
This article shall be known as and may be cited as "Hazardous Chemical Wastes Prohibition Law" of the Town of Lewiston.
The Town of Lewiston is primarily responsible for promoting the health, safety and general welfare of its residents and the environmental quality of its lands. Vineyards and orchards flourish in the Town of Lewiston. Tourism, recreational facilities, residential developments and light commercial industry abound within the Town borders. This law is designed to preserve, protect and ensure this quality of the natural and man-made environment within the Town of Lewiston for this generation of residents and generations to follow. Therefore, it is hereby adopted by the Town of Lewiston, for the purposes enumerated above, this article, which includes the definition of hazardous wastes by reference to the United States Federal Register, Volume 45, Number 98, dated May 19, 1980, entitled "Environmental Protection Agency, Hazardous Waste Management System, Identification and Listing of Hazardous Waste." Part 261 inclusive, as further modified and amended by subsequent changes in rules and regulations published thereof, which rules and regulations are now filed in the office of the Clerk of the Town of Lewiston, and the same are hereby adopted and incorporated as fully as if set out at length herein.
This article shall apply to all territory within the confines of the Town of Lewiston except any incorporated village. Minor quantities of five pounds or less of hazardous chemical wastes resulting from local agricultural, commercial or residential sources are excluded from this article, provided that these wastes are managed in an environmentally safe manner, consistent with United States federal and New York State regulations.
Certain terms used herein shall be defined as follows:
FACILITY
Any combination of structures and/or machinery, lagoons, pits, beds, excavations, landfills, burial sites and devices designed, in whole or part, for the purpose of or in association with the permanent or temporary storage, recycling, processing, neutralizing, drying, solidification or incineration of hazardous chemical waste.
HAZARDOUS CHEMICAL WASTE
Shall be defined as described in the United States Federal Register, Volume 45, Number 98, dated May 19, 1980, entitled "Environmental Protection Agency, Hazardous Waste Management System. Identification and Listing of Hazardous Wastes," Part 261 inclusive, as further modified and amended by subsequent changes in rules and regulations as published thereof.
PERSON
Any individual, partnership, firm, association, business, industry, enterprise, public or private corporation, political subdivision of the state, government agency, municipality, estate, trust or any other legal entity whatsoever.
No person shall construct, operate and/or establish a facility for the interment, storage, temporary storage, recycling and/or processing of hazardous chemical waste within the Town of Lewiston. The only exemption under this section is that described in § 195-3 above mentioned.
A violation of this article or any regulations or provisions thereof will be deemed a Class A misdemeanor, punishable by a fine not exceeding $1,000 or imprisonment not exceeding one year, or both. Each and every day that the violation of this article is permitted to exist will constitute a separate offense. Any violation of this article or regulation or provision thereof will create a liability to the people of the Town for a civil penalty not to exceed $5,000, to be assessed after hearing or opportunity to be heard, upon due notice and with the right specification of the charges and representation by counsel at such hearing.
[Adopted 9-22-1986 by L.L. No. 4-1986 (Ch. 13B, Art. II, of the 1965 Code)]
There is hereby imposed upon every commercial hazardous waste facility located wholly or partly within the Town of Lewiston an assessment equal to 5% of the annual gross receipts of such facility.
As used in this article, the following terms shall have the meanings indicated:
GROSS RECEIPTS
All receipts from the on-site disposal or treatment of hazardous wastes.
The annual assessments are effective for the calendar year 1987 and each year thereafter.
The assessment will be paid to the Town on the 15th day of March following the close of the year of assessment.
Each annual payment shall be supported by a verified statement from the facility's independent auditors.