This article shall be known as the "Biosolids Management Law
of the Town of Wheatfield."
Except as provided elsewhere within this article, no person
shall collect, accept, store. process, treat, handle, generate. apply
to the land or dispose of biosolids, digestate or other liquid, solid
or semisolid waste, any of which contains human waste or any pathogenic
organisms. or which are derived from materials containing human waste,
pathogenic organisms and/or municipal wastewater, at any location
within the Town of Wheatfield.
The prohibitions set forth in §
161-21, and the limitations set forth in §
161-23, shall not apply to:
A. Anaerobic digestion facilities that do not accept, treat, or process
biosolids or sewage sludge from wastewater treatment facilities.
B. The generation of biosolids at a publicly owned treatment works.
C. Private septic systems located within the Town of Wheatfield.
D. The sale or storage of lawn and garden fertilizer packaged for retail
sale, or the application of lawn and garden fertilizers packaged for
retail sale, on an area of land less than 2.5 acres in size.
The invalidity of any word, section, clause, paragraph, sentence
or part or provision of this article shall not affect the validity
of any other part of this article which shall be in effect.
[Added 8-11-2014 by L.L. No. 4-2014]
A. Except as otherwise provided herein, a person(s) who shall violate §
161-21 shall, upon conviction, be subject to a fine of not less than $250 nor more than $1,000 or imprisonment not to exceed one year, or both such fine and imprisonment, for any first offense. Any subsequent violations shall constitute a misdemeanor and, upon conviction, such person(s) shall be subject to a fine of not less $500 nor more than $2,000 or imprisonment not exceeding one year, or both such fine and imprisonment.
B. For violations involving land application of biosolids in violation of §
161-21, upon conviction for a first offense, the landowner and/or person(s) responsible for applying prohibited materials, for each application of materials prohibited under §
161-1 of this chapter the penalty shall be subject to a fine of not less than $50 per acre nor more than $100 per acre for each acre of land to which the prohibited materials were applied or imprisonment not to exceed 90 days, or both such fine or imprisonment. Any subsequent violation shall constitute a misdemeanor, and upon conviction for a second offense by the same person or persons within a five-year period, the fine shall be not less than $100 per acre nor more than $200 per acre for each acre of land to which prohibited materials were applied; or imprisonment not to exceed 180 days. Upon conviction for a third offense by the same person or persons, the offense shall be punishable by a fine of not less than $200 per acre nor more than $300 per acre for each acre of land to which prohibited materials were applied; or imprisonment not to exceed one year.
C. A person(s) who shall violate §
161-23C shall, upon conviction, be subject to a fine of not less than $250 nor more than $1,000 or imprisonment not to exceed one year, or both such fine and imprisonment, for any first offense. Any subsequent violations shall constitute a misdemeanor and, upon conviction, such person(s) shall be subject to a fine of not less $500 nor more than $2,000 or imprisonment not exceeding one year, or both such fine and imprisonment.