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Town of Lewiston, NY
Niagara County
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Table of Contents
Table of Contents
[Adopted 2-6-1979 by L.L. No. 1-1979 (Ch. 24C of the 1965 Code); amended in its entirety 7-12-1999 by L.L. No. 2-1999]
This article shall be known as and may be cited as the "Waste Disposal and Landfills Law of the Town of Lewiston."
A. 
The Town of Lewiston finds that solid waste management facilities, particularly landfills, are by their very nature potentially dangerous to both the Town citizenry and the surrounding natural environment. The contamination of groundwater tables, nearby creeks and streams, the Niagara River and Lake Ontario and the pollution of the air are very real threats which are posed by such operations.
B. 
It is the duty and intent of the Town Board to protect the inhabitants of the Town of Lewiston through an exercise of its police powers by restricting and regulating solid waste management facilities, including landfills, and by requiring maximum utilization of safety and health factors to ensure the continued well-being of the Town citizenry.
C. 
The Town Board finds that landfill operations within the Town of Lewiston are producing or threaten to produce undesirable environmental conditions in the Town of Lewiston that require the further regulation of landfill operations. These undesirable conditions include, but are not limited to:
(1) 
Heavy truck traffic to and from landfill operations within the Town of Lewiston generates noise, dust, litter and odors. Such traffic also causes a need for substantially increased road repair and maintenance costs and may pose traffic safety hazards.
(2) 
Landfills have been constructed to such a height or at such a slope so as to become visually prominent; landfilling operations have become visible to the community; and the landscape of the Town has been permanently, undesirably and unattractively altered.
(3) 
The operation of landfills in a business and residential community such as the Town makes residential living less desirable, makes the Town less attractive for other businesses and adversely affects property values and the tax base of the Town.
(4) 
Environmental science remains unable to completely evaluate and control pollution from sanitary landfill operations. The inability to precisely ascertain the existence and flow of groundwaters and to map subterranean geology makes it impossible to determine the extent to which landfill operations may be contaminating groundwater supplies.
(5) 
The accumulated extent of hazardous waste or substances in landfills cannot be measured or accurately determined because of state and federal regulations permitting disposal of industrial wastes and of residential and/or small user quantities of hazardous wastes.
(6) 
Future correction of pollution from sanitary landfills may be very expensive or impossible to achieve.
(7) 
Portions of landfill areas in the Town of Lewiston have been constructed under regulatory requirements that are less exacting than current state laws and regulations, presenting a greater risk of environmental damage from leachates.
(8) 
Landfill operations are a matter of legitimate community concern and interest, and current, accurate information regarding landfill operations should be available to public officials of the Town of Lewiston and its citizens.
(9) 
Existing landfill operations within the Town were approved with specific understandings of limits on such landfilling as to source of wastes, volume of wastes, volumes of truck traffic and height of landfill. Unfortunately, such prior understandings have not always been adhered to.
D. 
Solid waste regulation under the New York Environmental Conservation Law (ECL) is inadequate to relieve the foregoing concerns.
E. 
The Town Board, intends by this article, to:
(1) 
Regulate and restrict the operation of solid waste management facilities within the Town of Lewiston in order to promote a clean, wholesome and attractive environment for the community.
(2) 
Reduce the risk of pollution from solid waste disposal operations by restricting the scope and size of such activities.
(3) 
Ensure that accurate, current information about solid waste disposal operations within the Town is available to public officials and citizens.
(4) 
Protect the residents of the Town from undesirable effects of landfill operations, including:
(a) 
Unaesthetic results, including odors, blowing litter, excessive traffic, dust and noise.
(b) 
Deterioration in property values associated with adjacent or proximate landfill operations that may interfere with the orderly development of properties.
(c) 
Excessive height, scope or duration of landfilling.
(5) 
Exercise the Town's police powers under the Municipal Home Rule Law and §§ 130 and 136 of the Town Law for the physical and mental well-being and safety of its citizens and to regulate and restrict sanitary landfill operation within the Town pursuant to the specific authority of § 27-0711 of the Environmental Conservation Law which authorizes towns to impose stricter controls on sanitary landfill operations than state law requires.
This article shall apply to all territory within the confines of the Town of Lewiston, excepting any incorporated village.
A. 
Unless defined below or the context otherwise requires, the terms and words used in this article shall have the same meanings as those defined in Article 27 of the Environmental Conservation Law and Title 6, Parts 360 and 617, of the New York Codes Rules and Regulations.
B. 
As used in this article, these terms and words shall be defined as follows:
ACTIVE LIFE
That period of time during which solid waste is or will be routinely and regularly received.
ACTIVE PORTION
That portion of a solid waste management facility where treatment, storage or disposal operations are being or have been conducted.
APPLICANT
The person or persons applying for a permit under this article. An applicant must be the owner of the solid waste management facility and the site upon which it is located; however, if the site and the facility are owned by separate persons, then both persons constitute the applicant.
APPROVED DESIGN CAPACITY
The maximum average daily tonnage to be received at the solid waste management facility during any quarter, as approved by the Town.
APPROVED DESIGN VOLUME
The maximum in-place volume of solid waste, including cover material to be received at the solid waste management facility during its active life, as approved by the Town.
AQUIFER
A consolidated or unconsolidated geologic formation, group of formations or part of a formation capable of yielding groundwater to wells or springs.
ASBESTOS WASTE
Friable solid waste that contains more than 1% asbestos by weight and can be crumbled, pulverized or reduced to powder, when dry, by hand pressure. Asbestos waste also includes any asbestos-containing solid waste that is collected in a pollution control device designed to remove asbestos.
ASH or ASH RESIDUE
All the solid residue and any entrained liquids resulting from the combustion of solid waste at a solid waste incinerator, including bottom ash, boiler ash, fly ash and the solid residue of any air pollution control device used at a solid waste incinerator.
AUTHORIZED REPRESENTATIVE
The individual responsible for the overall operation of a solid waste management facility or an operational unit of a facility, such as the plant manager, superintendent or individual of equivalent responsibility who has authority and knowledge to make and implement decisions regarding operating conditions at the facility.
BOTTOM ASH
The ash residue remaining after combustion of solid waste in a solid waste incinerator that is discharged through and from the grates or stoker.
CLOSED PORTION
That portion of a solid waste management facility which has been closed in accordance with the approved closure plan for such facility and all applicable closure requirements.
COMBINED ASH
The mixture of bottom ash and fly ash.
CONSTRUCTION
Any physical modification to the site at which a potential or proposed solid waste management facility is to be located, including, but not limited to, site preparation (e.g., clearing and grading, excavation of borrow material for daily cover, etc.).
CONSTRUCTION AND DEMOLITION DEBRIS
Uncontaminated, inert solid waste resulting from the construction, remodeling, repair and demolition of structures and from road building and land clearing. Such waste includes, but is not limited to, bricks, concrete and other masonry materials, soil, rock, wood, wall coverings, plaster, drywall, plumbing fixtures, nonasbestos insulation, roofing shingles, asphaltic pavement, glass, plastics that are not sealed in a manner that conceals other wastes and metals that are incidental to any of the above. Solid waste that is not construction and demolition debris (even if resulting from the construction, remodeling, repair and demolition of structures and from road building and land clearing) includes, but is not limited to, asbestos waste, garbage, corrugated container board, electrical fixtures and components, carpeting, furniture, appliances, tires, drums and containers and fuel tanks. Specifically excluded from the definition of construction and demolition debris is solid waste (including what otherwise would be construction and demolition debris) resulting from any processing technique that renders individual waste components unrecognizable, such as pulverizing or shredding.
CONSTRUCTION PERMIT
That permit, issued by the Town Board of the Town of Lewiston, which allows a person to construct or modify a solid waste management facility.
CONTAMINATION (as applied to surface water and groundwater)
An exceedance of water quality standards specified in Parts 701, 702 and 703 or a statistically significant rise in the concentration of measured parameters attributable to the site using statistical tests.
CONTINGENCY PLAN
A document describing organized, planned and technically coordinated and financially feasible courses of action to be followed in case of emergency or other special conditions, including, but not limited to, accidents, equipment breakdowns, fire, odor, vectors, explosion, spills, receipt or release of hazardous or toxic materials or substances, groundwater, surface water or air contamination attributable to a solid waste management facility and other incidents that could threaten human health or safety or the environment.
COVER MATERIAL
Soil or other authorized material that is used to cover compacted solid waste in a landfill.
DAILY COVER
A compacted layer of at least six inches of cover material that is placed on all exposed solid waste at the end of each working day of operation at a landfill.
DEC
The New York State Department of Environmental Conservation.
DISPOSAL
The placement, distribution, storage, removal or transportation of solid wastes.
FACILITY
Any solid-waste management facility.
FINAL COVER
A layer of cover material that is placed on any surface of a landfill where no additional solid waste will be deposited within one year, which serves to restrict infiltration, support vegetation, control landfill gas and promote surface drainage.
FLOODPLAIN
The land susceptible to being inundated by a flood that has a one-percent or greater chance of recurring in any given year.
FLY ASH
The ash residue from the combustion of solid waste that is entrained in the gas stream of the solid waste incinerator, which includes, but is not limited to, particulates, boiler ash, cinders, soot and solid waste from air pollution control equipment.
INDUSTRIAL WASTE
Any liquid, gaseous, solid or waste substance, or combination thereof, resulting from any process of industry, manufacturing, trade or business or from the development or recovery of any natural resource. It shall include, but not be limited to, pesticides, lime, acids, chemicals, petroleum products, tar and dyestuffs. Industrial waste shall be no less thus if it occurred or was produced naturally or otherwise and is to be the subject of disposal methods. This term does not include sewage or sewage sludge from the Lewiston Water Pollution Control Center.
LANDFILL or SANITARY LANDFILL
Any disposal area for solid wastes in or upon the ground.
OPERATION PERMIT
That permit, issued by the Town Board of Lewiston, which allows a person to operate a solid waste management facility.
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.
RECYCLING
The reuse of solid waste recovered from the solid waste stream into goods or materials suitable for reuse in original or changed form.
SERVICE AREA
The geographical area serviced by a solid waste management facility from which solid waste is generated and collected for delivery to that facility.
SITE
The geographically contiguous property of a solid waste management facility which includes, at a minimum, the land area of that facility and its access roads, appurtenances and land buffer areas.
6 NYCRR
Title 6 of the New York Codes, Rules and Regulations.
SOLID WASTE
All putrescible and nonputrescible materials or substances that are discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including, but not limited to, garbage, refuse, industrial and commercial waste, sludges from air or private wastewater treatment facilities, rubbish, tires, ashes, contained gaseous material, incinerator residue, construction and demolition debris, discarded automobiles and offal. The term "solid waste" does not include sewage or sewage sludge from the Lewiston Water Pollution Control Center. In addition:
(1) 
A material is "discarded" if it is abandoned by being:
(a) 
Disposed of;
(b) 
Burned or incinerated, including being burned as a fuel for the purpose of recovering usable energy; or
(c) 
Accumulated, stored or physically, chemically or biologically treated (other than burned or incinerated) instead of or before being disposed of.
(2) 
A material is "disposed of" if it is discharged, deposited, injected, dumped, spilled, leaked or placed into or on any land or water so that such material or any constituent thereof may enter the environment or be emitted into the air or discharged into groundwater or surface water.
SOLID WASTE MANAGEMENT FACILITY
Any facility employed beyond the initial solid waste collection process and managing solid waste, including, but not limited to, storage areas or facilities, transfer stations, rail-haul or barge-haul facilities, processing facilities, landfills, disposal facilities, solid waste incinerators, landspreading facilities, composting facilities, surface facilities, recycling facilities and waste tire storage facilities.
A. 
All relevant sections of Article 27 of the New York State Environmental Conservation Law and Title 6 of the New York Codes Rules and Regulations, Parts 360 to 364, are deemed to be included within and as part of this article, and any violation thereof shall be considered to constitute a violation of this article.
B. 
The provisions of this article shall be interpreted in such a manner as being consistent with state law, except that the more stringent requirements of article shall apply.
A. 
No person shall construct or operate a solid waste management facility without first obtaining a permit issued by the Town Board pursuant to the provisions of this article. Prior to any modification or expansion of any previously permitted facility, the operator shall apply for and obtain a revised permit.
B. 
No person shall construct, modify or expand a solid waste management facility without a permit issued by the Town Board pursuant to the provisions of this article. The term or period of any such permit shall be determined by the Town Board. The Town Board may, in its discretion, also designate such permits to be coextensive with permits issued by the DEC for the same facility.
C. 
No permit issued pursuant to the provisions of this article shall be transferable to any other person without the prior express written consent of the Town Board. The Town Board may refuse to consent to any given transfer or may, in its discretion, require further financial or other assurances as a condition of any such consent.
A. 
Existing facilities.
(1) 
The operator of any industrial waste disposal, recycling or sanitary landfill facility which is operative on the original effective date of this article (February 1979) or on the effective date of any amendment to this article shall submit an application for an operation permit prior to or within 90 days after the effective date of this article or amendment thereof.
(2) 
A complete application which is timely submitted shall be deemed an operation permit until such application is acted upon.
(3) 
If a submitted application is deemed incomplete by the Town Board, the subject applicant shall be notified of such defect within 60 days and shall have an additional thirty-day period to complete the application. Failure to do so within such thirty-day extension period shall result in an automatic denial of the application.
(4) 
In addition to the application content requirements hereinafter enumerated in § 293-8, all applications submitted under this subsection shall include:
(a) 
A detailed report describing the plan of operation and a contingency plan.
(b) 
A demonstration that the facility will satisfy all applicable standards of operation as enumerated in 6 NYCRR 360 and that the facility will meet the requirements and not exceed the restrictions of this article.
(c) 
Specific written assurances that the facility will not exceed the restrictions set forth in § 293-15 of this article.
B. 
Proposed facilities and modification to existing facilities.
(1) 
Any person who proposes to construct or operate a solid waste management facility or who proposes to expand or modify any phase of an existing facility shall first determine if such new facility, modification or expansion would be compatible with the restriction of § 293-15. If the proposal is incompatible, it cannot be permitted. If the proposal is compatible, the applicant shall submit a complete application for a construction permit to the Town Board not less than 90 days in advance of the date on which it is proposed to commence such construction, modification or expansion and shall submit a complete application for an operation permit not less than 90 days in advance of the proposed date of operation.
(2) 
The following acts are deemed to be modifications which require construction permits:
(a) 
Expansion of the facility by acquisition (by purchase, lease or otherwise) of additional land which was not the subject of or included in any application previously submitted and approved under this article.
(b) 
Movement of the disposal, recycling or landfill operation to a portion of property already owned, leased or otherwise held by the facility which was not the subject of or included in any previously submitted and approved application under this article.
(c) 
Receipt of solid waste per quarter or per year greater than that designated in any previously submitted and approved application; greater than the Town Board has approved in its permit; or as may be allowed under § 293-15 herein, whichever is lowest.
(d) 
Any vertical or horizontal expansion of the facility beyond the limits contained in an approved application under this article.
(3) 
In addition to the application content requirements hereinafter enumerated in § 293-8, all applications submitted under this subsection shall also include the following:
(a) 
A detailed engineering plan and specifications reflecting the construction of the proposed facility.
(b) 
A detailed report describing the proposed plan of operation, including a demonstration of the specific means to be utilized for satisfying all applicable standards of operation.
(c) 
A contingency plan.
C. 
Town Board action.
(1) 
Within 90 days after receipt of any completed application, or such longer period as may be agreed upon, in writing, by the Town Board and the applicant, the Town Board shall act on the application.
(2) 
The Town Board shall grant an application and issue a construction permit or an operation permit if, and only if:
(a) 
The application complies with the provisions of § 293-8 below;
(b) 
The applicant has demonstrated that, after construction and/or during the proposed term of the permit, the facility will be operated in compliance both with the standards of operation set forth in 6 NYCRR Part 360 or variances granted by the DEC and with all requirements and restrictions of this article; and
(c) 
With respect to an application for an operation permit for which a construction permit has previously been issued, the applicant has demonstrated that the facility was constructed in accordance with the previously approved plan of construction.
(3) 
If a permit is denied, the Town Board shall notify the applicant, in writing, of its decision, stating its reasons. In an appropriate case, the Town Board may approve the application on the condition that the applicant take specified steps to ensure that operations are conducted in compliance with all requirements and restrictions set forth in this article.
(4) 
If a permit is denied with respect to a facility which was already in operation at the time application was made, the facility shall thereafter accept no new wastes, but shall cease operations and commence closure and/or restorative measures within 90 days from the date of the Town Board's written notice.
(5) 
The Town Board shall determine whether or not to conduct a public hearing concerning any application. Any hearing shall be scheduled within 60 days after receipt of a complete application.
A. 
All applications for a permit for the construction, modification or expansion of a facility shall include an application to the Town Board on a form prescribed by the Board by resolution.
B. 
All applications for a permit for the operation of a facility shall include an application to the Town Board upon a form prescribed by said Board by resolution.
C. 
The Town Clerk shall make available those application forms.
D. 
All applications shall be accompanied by any other data that the Town Board reasonably requires to responsibly determine whether to issue or deny a permit.
E. 
All applications shall fulfill the following requirements:
(1) 
Engineering plans, reports and specifications submitted for approval shall be prepared by a person or firm registered to practice professional engineering in New York State.
(2) 
The location of all property boundaries and existing contours (five-foot intervals) shall be certified by a person or firm legally qualified to practice land surveying in New York State.
(3) 
The applicant shall survey and record and include in his application background sound-level data in the vicinity of the facility at the time of application.
(4) 
The applicant shall include a proposed detailed program for closure of the facility, to be implemented when use of the facility or a part of the facility permanently terminates. Such program shall include a restoration plan which must satisfy, but not be limited to, the following criteria:
(a) 
For all facilities not existing on the effective date of this article, no slope shall be left with a grade steeper than one foot of vertical rise to four feet of horizontal distance, and the normal angle of repose shall not be exceeded in any case. For all facilities existing prior to the effective date of this article as amended in 1988, including expansions of existing facilities, no side slope shall be left with a side slope steeper than one foot of vertical rise to three feet of horizontal distance. In no event shall any slope be left with a grade steeper than one foot of vertical rise to three feet of horizontal distance.
(b) 
All stumps, boulders and other debris resulting from the excavations, appurtenant activities or related operations shall be disposed of by approved methods. If disposed of on the site, such debris shall be covered with a minimum of two feet of soil.
(c) 
Topsoil shall be spread over the excavated area to a minimum depth of six inches.
(d) 
The restoration area shall be planted with trees, shrubs, grass or other vegetation so as to provide for screening, natural beauty and soil stability. The planting shall follow acceptable conservation practices.
(e) 
Restoration shall be undertaken in such a way that natural and storm drainage, where it enters and leaves the premises, shall be altered only to the minimal degree necessary to carry out excavations and appurtenant activities. Any alterations of natural and storm drainage shall not adversely affect public roads or neighboring property owners.
(f) 
Restoration shall be a continuous operation, subject to review and approval at each inspection and at the termination of the permit period. Topsoil grading and planting of the area designated for restoration during the permit period shall have been completed before a permit renewal is granted.
(g) 
Within six months after final closure, all equipment, buildings, structures and other unsightly evidence of the operation, except for structures associated with ongoing permitted recycling and/or composting activities, or structures necessary for post-closure landfill maintenance and monitoring, shall be removed from the premises or disposed of by approved methods, and all restoration shall have been completed.
(5) 
The proposed maximum life of the facility shall be stated.
(6) 
An enumerated list of wastes to be received, treated or disposed of, the quantities of such waste to be received, their point of origin, method of transportation to be utilized for their shipment to and from the facility and the proposed method for their recycling or disposal shall be provided.
(7) 
A proposed program shall be stated for the monitoring of all activities of the facility by personnel of the Town of Lewiston or persons authorized by the Town of Lewiston, whereby such personnel or persons shall be allowed access to the facility at any time deemed necessary by the Town Board.
(8) 
All methods and actions to be utilized must satisfy the dictates of all applicable standards of operations.
F. 
All applications shall be accompanied by evidence of authority to sign the application and shall be signed as follows:
(1) 
Corporation: by a duly authorized principal executive officer, at least the level of vice President, accompanied by a certified copy of the authorizing corporate resolution.
(2) 
Partnership: by a general partner.
(3) 
Sole proprietorship: by the proprietor.
(4) 
Municipal, state or governmental entity: by a duly authorized principal executive officer or elected official, accompanied by a certified copy of the authorizing resolution.
G. 
Applications shall be sworn to by or on behalf of the applicant in respect to all statements of fact therein or shall bear an executed statement on behalf of the applicant, pursuant to New York State Penal Law § 210.45, to the effect that false statements made therein are made under penalty of perjury.
H. 
Each permit application shall be accompanied by an application fee, as set from time to time by resolution of the Town Board of the Town of Lewiston, to defray the cost of review thereof.
[Amended 8-27-2018 by L.L. No. 4-2018]
A. 
All applications shall also be accompanied by the following bonds, in an amount set by the Town Board, issued by a bonding or surety company acceptable to the Town Board:
(1) 
Performance bond, to ensure the proper performance of the work pursuant to the details of the application, the dictates of this article and any other applicable local law or state law.
(2) 
Restoration bond, to ensure that all restoration work is completed pursuant to the plan submitted with the application, the dictates of this article and any other local law or state law.
(3) 
Penalty bond, to ensure that all fines and penalties levied and the judgments secured pursuant to this article are promptly tendered and satisfied.
B. 
The terms and conditions of all such bonds, including the amounts of such bonds, shall be clearly set forth in detail.
C. 
The Town Board may, in its discretion, accept other suitable forms of financial assurance in lieu of one or more of the provisions of this section. Likewise, the Town Board may require other bonds or financial assurance to protect the public.
A. 
The Town Board, upon written application from any person who is subject to the dictates of this article, may (but is not required to) grant a variance from one or more specific provisions of this article, only if said applicant:
(1) 
Identifies the specific provisions from which a variance is sought.
(2) 
Demonstrates that compliance with said provisions would, on the basis of the conditions unique and peculiar to the applicant's particular situation (not self-imposed by the applicant), tend to impose a substantial financial, technological or safety burden on the applicant or public.
(3) 
Demonstrates that the proposed activity which is the basis of the requested variance will have no significant adverse impact on the health, safety, welfare, natural resources or environment of the people of the Town of Lewiston; will not violate any of the specific restrictions set forth in § 293-15; and will be consistent with the purpose of this article, the provisions of the New York Environmental Conservation Law and any rules and regulations promulgated thereunder.
B. 
In granting a variance, the Town Board may impose specific conditions to ensure that the subject activity will not have an adverse impact on the health, safety, welfare, natural resources or environment of the citizenry of the Town of Lewiston.
C. 
No variance shall be granted unless at least four Town Board members approve the same.
A. 
Any permit holder who intends to continue construction or operation beyond the period of time covered in such permit must file for reissuance of such permit at least 90 days prior to its expiration. Filing for reissuance shall be made by the permit holder on forms prescribed by resolution of the Town Board and available from the Town Clerk or, if no such forms are prescribed, then by letter executed and sworn as specified in § 293-8E and F above. The provisions of this article relative to submitting and processing initial applications shall apply to reissuance applications under this section.
B. 
Upon review of a reissuance application, the Town Board shall determine whether the permittee is in compliance with or has substantially complied with all terms, conditions and requirements of the expiring permit and of this article.
(1) 
Upon an affirmative determination, the permit shall be reissued.
(2) 
Upon a negative determination or upon a finding that other circumstances exist which indicate noncompliance within any provisions of this article, the Town Board shall take appropriate action to secure compliance, including, but not limited to, a denial of reissuance.
A. 
After notice and opportunity for a hearing, any permit issued pursuant to this article may be modified, suspended or revoked, in whole or in part, during its term, for cause, including, but not limited to, the following:
(1) 
The permit was obtained by willful misrepresentation or willful failure to fully disclose all relevant facts; or
(2) 
Materially false or inaccurate statements or information willfully made in an application for a permit.
B. 
By written notice to a permit holder following a resolution of the Town Board, any permit issued pursuant to this article may be modified, suspended or revoked, in whole or in part, during its term, on the ground that:
(1) 
The permit holder has exceeded the annual tonnage limitations established in the permit issued by the Town by more than 10%;
(2) 
The permit holder has exceeded the quarterly tonnage limitation established in the permit issued by the Town by more than 20%;
(3) 
The permit holder has exceeded the height or vertical expansion restrictions set forth in § 293-15C(2) to such an extent that it is impractical or, by DEC standards, inadvisable to rectify the violation by removing excess waste deposits;
(4) 
The permit holder has expanded the landfill laterally without a permit issued by the Town authorizing such expansion; or
(5) 
The permit holder has exceeded the side slope restrictions set forth in § 293-15C(3) to such an extent that it is impractical or, by DEC standards, inadvisable to rectify the violation by removing excess waste deposits.
A. 
All trucks or other means of transporting solid waste or Town-approved cover material approved to and from solid waste disposal facilities in the Town of Lewiston, except local collection services, shall utilize only the following routes when traveling in the Town of Lewiston.
(1) 
State Highway No. 18, commonly known as "Creek Road" and the "Creek Road Extension," traveling in a northerly and southerly direction from the northern boundary of the Town of Lewiston to said highway's southerly intersection with State Highway No. 104, commonly known at this juncture as "Lewiston Road"; State Highway No. 104, commonly known at this juncture as "Lewiston Road," traveling in an easterly and westerly direction from said highway's easterly intersection with State Highway No. 18, commonly known as the "Creek Road" and "Creek Road Extension," to said highway's westerly intersection with State Highway No. 265, commonly known as "Military Road"; State Highway No. 265, commonly known as "Military Road," traveling in a northerly and southerly direction from said highway's northerly intersection with State Highway No. 104, commonly known at this juncture as "Lewiston Road," to said highway's southerly intersection with the southern boundary of the Town of Lewiston; State Highway No. 31, commonly known as "Sounders Settlement Road," traveling in an easterly and westerly direction from said highway's westerly intersection with the southern boundary of the Town of Lewiston to said highway's easterly intersection with State Highway No. 429, commonly known at that juncture as "Town Line Road"; State Highway No. 429, at this point commonly known as "Ward Road," and "Buffalo Street" in the Hamlet of Sanborn, traveling in a northerly and southerly direction from said highway's southerly intersection with the southern boundary of the Town of Lewiston to said highway's northerly intersection with State Highway No. 31, commonly known as "Saunders Settlement Road"; State Highway No. 429, commonly known at this point as "Town Line Road," traveling in a northerly and southerly direction from said highway's southerly intersection with State Highway No. 31, commonly known as "Saunders Settlement Road," to said highway's northerly intersection with State Highway No. 104, commonly known at this juncture as "Ridge Road," traveling in an easterly and westerly direction from said road's easterly intersection with State Highway No. 429, commonly known at this juncture as "Town Line Road," to said highway's westerly intersection with State Highway No. 18, commonly known as the "Creek Road Extension."
(2) 
Model City Road, traveling in a northerly or southerly direction from its southerly intersection with State Highway No. 104, commonly known at this juncture as "Ridge Road," to its northerly intersection with Swann Road; thence traveling in an easterly or westerly direction on Swann Road between its intersection with Model City Road to the west and Harold Road to the east; thence traveling in a northerly or southerly direction on Harold Road between its intersection with Swann Road to the south and Pletcher Road to the north; thence traveling easterly or westerly on Pletcher Road between its intersection with Harold Road to the west and Castle Garden Road to the east; thence traveling northerly or southerly on Castle Garden Road between its intersection with Pletcher Road to the south and the entrance to Modern Landfill to the north.
B. 
The Town Board may, subject to the consent of any permittee, restrict or designate Town roads or other accessways between the above routes and the facility.
C. 
Checkpoints may be established from time to time at various locations along said routes for the purpose of ensuring that all trucks and other means of transporting solid wastes are in compliance with all pertinent local, state and federal laws.
D. 
In the event that the Town Board shall enter into a host community agreement with any person proposing to operate a landfill within the Town of Lewiston that includes a stipulation and agreement as to highway routes within the Town that will be used for landfill truck traffic, the terms and conditions of that agreement shall control in lieu of the provisions of § 293-13.
A. 
All violations of this article or any of its regulations or provisions, including, but not limited to, a false statement or exhibit submitted as part of an application to construct or operate a facility, shall be deemed Class A misdemeanors, punishable by a fine not exceeding $1,000 or imprisonment not exceeding one year, or both. Each and every day that a violation of this article is permitted to exist shall constitute a separate offense.
B. 
Any violation of this article or regulations or provisions thereof shall create a liability to the people of the Town for a civil penalty not to exceed $5,000, to be assessed after a hearing or opportunity to be heard, upon due notice and with the right to specification of the charges and representation by counsel at such hearing. Each and every day that a violation of this article occurs or continues shall constitute a separate violation for purposes of civil liability.
A. 
No commercial hazardous waste treatment, storage or disposal facility shall hereafter be permitted to locate or expand within the Town of Lewiston. Any such facility existing prior to the effective date of this article may continue to operate (but not expand) for the unexpired duration of any permit it possesses.
B. 
No solid waste incineration facility, whether incinerating municipal, commercial or industrial waste, shall hereafter be permitted to locate or expand within the Town of Lewiston.
C. 
The following restrictions and limitations shall apply to all presently permitted landfills and proposed solid waste landfills within the Town of Lewiston:
(1) 
Acreage limitation.
(a) 
No more than 239 acres of land in the Town shall be permitted or used for sanitary landfill purposes. Land currently in use in permitted sanitary landfill operations shall continue to be included in determining acreage available for sanitary landfill operations after active operations cease and the landfill, or portions of it, are closed. The old Modern landfill, located west of Model City Road and adjacent to Modern's truck maintenance facility (as distinguished from the Modern Landfill, Inc. facility that was in operation as of the date of this article as amended in 1988), shall not be included in this acreage determination. The term "in use" shall include, without limitation, all land where solid waste is no longer being deposited but which is closed or is awaiting closure in accordance with the regulations of the DEC. The purpose of this restriction is to limit the maximum scope and extent of landfilling operations within the Town to a total of 239 acres.
(b) 
No more than 26 acres of land in the Town shall be used in active landfill operations not subject to final or intermediate closure at any given time. The purpose of this restriction is to limit the scope of landfilling activities at any given time so as to minimize environmental impacts.
(2) 
Height restriction. No person operating a sanitary landfill within the Town of Lewiston as of the date of the enactment of the 1988 amendments to the Waste Disposal and Landfills Law of the Town of Lewiston shall conduct sanitary landfill operations in the Town in such a manner that the height of the resulting landfill, after completion of operations and after the application of cover, exceeds 155 feet above the mean elevation on the property prior to the commencement of landfill construction.
(3) 
Slope restriction. No person operating a sanitary landfill within the Town of Lewiston as of the date of the enactment of the 1988 amendments to the Waste Disposal and Landfills Law of the Town of Lewiston shall deposit waste in a manner that the side slope of the resulting landfill after the completion of the operations and after the application of final cover is greater than one foot of vertical rise for every three feet of horizontal distance. This provision shall not be construed to require any permitted facility to reduce side slopes that exceed the limits of this subsection on the effective date of this article, as amended in 1995.
(4) 
Buffer requirement.
(a) 
No person shall hereafter expand, modify or construct a sanitary landfill in the Town unless there exists a buffer area not less than 100 feet wide at all points between the toe of the proposed slope of the final covered landfilling area and each adjacent property. No person shall sell, transfer, convey or devise any real property in the Town if a violation of this section would result. Any such transfer shall be null and void. The Town shall be entitled to a judicial declaration of the nullity of any transfer of real property in violation of this section and to an appropriate order setting it aside or directing a reconveyance. Such a declaration and order, together with any additional relief required to restore the status quo, may be obtained by the Town in an action in a court of competent jurisdiction naming the vendor, the vendee and any other person claiming as of record any interest in the property illegally conveyed. The Town shall be entitled to a further award and judgment against the seller, transferor, conveyor or devisor for its costs, expenses, disbursements and reasonable attorneys' fees in connection with such an action.
(b) 
To the limited extent that a violation of this subsection (buffer requirement) may exist at any facility operating within the Town under permit from the New York Department of Environmental Conservation as of the date of enactment of this article, as amended in 1995, or such facility has been previously permitted, this subsection shall not apply.
(5) 
Restrictions on type and source of cover material.
(a) 
No person operating a sanitary landfill within the Town shall hereafter utilize ash or any similar industrial waste materials that have hazardous characteristics as defined under 40 CFR Part 261 to be utilized as daily, intermediate and/or final cover at the approved landfilling area.
(6) 
Tonnage/volume limitations.
(a) 
No landfill operator shall dispose or allow disposal in a sanitary landfill of solid waste in excess of the lesser of the annual tonnage or volume limitations contained in any Town permit granted to the operator or in the operator's approved application.
(b) 
Notwithstanding the provisions of Subsection C(6)(a), no landfill operator already operating within the Town under permit from the New York Department of Environmental Conservation as of the effective date of this article, as amended in 1995, shall accept, dispose of or allow disposal in a sanitary landfill of more than 808,000 tons of solid waste per year or 242,400 tons of solid waste per calendar quarter. No other landfill operator shall accept, dispose of or allow disposal of more than 100,000 tons of solid waste per calendar quarter.
[Amended 7-14-2003 by L.L. No. 2-2003]
(c) 
For the calendar year in which this provision is enacted, amounts of solid waste disposed of prior to the effective date of this provision shall be disregarded. However, the permissible tonnage for disposal in a sanitary landfill for the balance of such year shall be reduced by the ratio of days remaining in the year to the total numbers of days in the year.
(d) 
Unless otherwise specifically agreed by the Town Board, tonnage shall be determined by incoming scale weights certified to by the operator; in the absence of scales, tonnage shall be determined by applying a factor of 2.5 cubic yards per ton.
(7) 
Reporting.
(a) 
Every operator of a solid waste management facility in the Town shall file with the Town, on or before the fifth day of the quarter, a report, on such forms as the Town Board may designate, setting forth:
[1] 
The total tonnage of solid waste disposed of at the facility in the previous calendar quarter.
[2] 
The specific sources of all waste by county or out-of-state and/or out-of-country.
[3] 
The amount of such tonnage from sources outside the boundaries of the Town by county or out-of-state and/or out of country.
[4] 
The total tonnage of solid waste disposed of by the operator since commencement of the current permit term.
[5] 
The number of truck trips (categorized either as trucks delivering solid waste to the facility for landfilling or as other truck traffic) into the landfill each day during the previous calendar quarter.
[a] 
Within three days of receiving or sending any reports or correspondence to or from the DEC or the County of Niagara concerning the operation of the sanitary landfill, every operator shall file copies of any such reports or correspondence with the Town.
[b] 
The Town Clerk shall maintain all filed reports and correspondence in the Town offices for public inspection at all reasonable hours.
(8) 
Hours of operation. No landfill shall be permitted to accept delivery of waste except during the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday, and 7:00 a.m. to 6:00 p.m. on Saturday.
(9) 
Bottles and cans. No bottles or cans may knowingly be disposed of in any landfill within the Town, and every landfill operator shall use all commercially reasonable and practicable means to prevent the disposal of bottles or cans in its facility.
All ordinances and local laws or parts thereof in conflict herewith are preempted by this article; provided, however, that the provisions of this article shall not be interpreted as obviating any requirements or restrictions whenever it is possible to conform to the provisions of both this article and any other law or ordinance.