[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:
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.
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.
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:
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.
