[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.
ACTIVE LIFE
ACTIVE PORTION
APPLICANT
APPROVED DESIGN CAPACITY
APPROVED DESIGN VOLUME
AQUIFER
ASBESTOS WASTE
ASH or ASH RESIDUE
AUTHORIZED REPRESENTATIVE
BOTTOM ASH
CLOSED PORTION
COMBINED ASH
CONSTRUCTION
CONSTRUCTION AND DEMOLITION DEBRIS
CONSTRUCTION PERMIT
CONTAMINATION (as applied to surface water and groundwater)
CONTINGENCY PLAN
COVER MATERIAL
DAILY COVER
DEC
DISPOSAL
FACILITY
FINAL COVER
FLOODPLAIN
FLY ASH
INDUSTRIAL WASTE
LANDFILL or SANITARY LANDFILL
OPERATION PERMIT
PERSON
RECYCLING
SERVICE AREA
SITE
6 NYCRR
SOLID WASTE
(1)
(2)
SOLID WASTE MANAGEMENT FACILITY
As used in this article, these terms and words shall be defined as
follows:
That period of time during which solid waste is or will be
routinely and regularly received.
That portion of a solid waste management facility where treatment,
storage or disposal operations are being or have been conducted.
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.
The maximum average daily tonnage to be received at the solid
waste management facility during any quarter, as approved by the Town.
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.
A consolidated or unconsolidated geologic formation, group
of formations or part of a formation capable of yielding groundwater
to wells or springs.
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.
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.
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.
The ash residue remaining after combustion of solid waste
in a solid waste incinerator that is discharged through and from the
grates or stoker.
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.
The mixture of bottom ash and fly ash.
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.).
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.
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.
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.
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.
Soil or other authorized material that is used to cover compacted
solid waste in a landfill.
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.
The New York State Department of Environmental Conservation.
The placement, distribution, storage, removal or transportation
of solid wastes.
Any solid-waste management facility.
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.
The land susceptible to being inundated by a flood that has
a one-percent or greater chance of recurring in any given year.
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.
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.
Any disposal area for solid wastes in or upon the ground.
That permit, issued by the Town Board of Lewiston, which
allows a person to operate a solid waste management facility.
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.
The reuse of solid waste recovered from the solid waste stream
into goods or materials suitable for reuse in original or changed
form.
The geographical area serviced by a solid waste management
facility from which solid waste is generated and collected for delivery
to that facility.
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.
Title 6 of the New York Codes, Rules and Regulations.
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:
A material is "discarded" if it is abandoned by being:
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.
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:
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:
(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:
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.
