[Adopted 12-5-1994 by L.L. No. 5-1994 (Ch. 119, Part 2, of the 1998 Code)]
It is hereby found and determined that:
A.
Due to the increasing cost of landfilling, land in the Town of Verona,
particularly agricultural land, is increasingly being viewed as a
disposal area for municipal sewage and private septic wastes, composts
and other products derived from such wastes, as well, as other types
of compost products.
B.
The Town of Verona is increasingly characterized by residential properties
adjoining agricultural lands and agricultural lands being converted
to residential use.
C.
The application of materials to agricultural lands which have not
traditionally been considered farm products creates issues which may
hamper land transfers and future development within the Town of Verona.
D.
There are public water supplies within the Town of Verona and many
properties within the Town are serviced by private wells or springs.
E.
Contamination or potential contamination of the groundwater supply
within the Town of Verona poses a threat to the health, safety and
general welfare of the residents of the Town of Verona.
F.
Sewage and septic wastes, as well as some composts and other materials
derived from such wastes, contain varying levels of pathogens, nitrates
and heavy metals, which, when applied to the soil in sufficient quantities,
cause a loading of the heavy metals in the soil. In sufficient quantities,
certain heavy metals may be lethal. Known carcinogens such as PCB's
may also be present and may be carried through surface and groundwater
into potable water wells and springs.
G.
Cow manure and other animal wastes may also contain nitrates and
pathogens, but generally do not contain the levels of heavy metals
found in sewage or septic wastes or materials derived from such wastes.
H.
Regulations designed to protect the ground water supplies in the
Town of Verona from contamination and record the location and rates
of application of heavy metals and other potentially hazardous substances
contained in materials derived from sewage or septage sludge are in
the best interest of the public and serve to protect the health, safety
and welfare of the residents of the Town of Verona.
This Part 2 shall be entitled and known as the "Local Law of
the Town of Verona Prohibiting the Disposal, Storage and/or Composting
of Sludge and Septage Derivatives."
The Town Board of the Town of Verona, Oneida County, hereby
enacts the following.
As used in this Part 2, the following terms shall have the meanings
indicated:
Any material produced by aerobic, thermophilic decomposition
of solid organic constituents.
The discharge, deposit, injection, dumping, spilling, spreading,
leaking or placing of any sludge, septage, compost or animal manure
into or on any land or water. The term specifically contemplates human
activities, and shall not include animal defecation or urination directly
upon the land.
Any domestic animal, including, but not limited to, cattle,
sheep, swine, horses, goats, poultry, fur bearing animals or other
type of livestock typically raised on a farm, but specifically excluding
dogs or cats.
Manure produced by farm animals on a farm situate within
the geographical boundaries of the Town of Verona or on a farm situated
within the geographical boundaries of any township which shares a
geographical boundary with the Town of Verona the owner of which also
owns and actually farms agricultural land within the Town of Verona.
Any material other than compost which contains farm animal
fecal material or urine and which is collected and spread by mechanical
means.
Manure produced by farm animals on a farm which is neither
situate within the geographical boundaries of the Town of Verona nor
produced on a farm situate within the geographical boundaries of a
township which shares a geographical boundary with the Town of Verona
which is owned by an individual or corporation which also owns and
actually farms agricultural land within the Town of Verona.
Any individual, public or private corporation, business corporation,
political subdivision, government agency, department, board or bureau
of the state or federal government, municipality, industry, partnership,
copartnership, association, firm, trust, estate or any other legal
entity.
The contents of a septic tank, cesspool or other sewage treatment
facility which receives domestic sewage wastes.
Any solid, semisolid or liquid waste generated or deposited
from municipal or private sewage treatment plants or from by-products
of food processing, including but not limited to any and all by-products
or derivatives from septage or sludge as heretofore defined, whether
or not chemicals or other compounds have been added to the septage
or sludge to create the by-product.
The holding or containment of any sludge, septage, compost
or animal manure such that it does not constitute disposal of such
material.
A.
As the effective date of this Part 2, it shall be unlawful to dispose,
store and/or compost any material covered by this Part 2 within the
Town of Verona.
B.
Disposal, storage and/or composting of sludge, septage or nonlocal
manure, as hereinabove defined or products derived therefrom, shall
not be permitted within the Town of Verona; provided, however, that
nothing herein contained shall prohibit the installation and/or operation
of a septic tank and system so long as the same shall comply with
all applicable laws ordinances and regulations pertaining thereto.
Any person violating provisions of this Part 2 shall not remain
in operation while such violations continue. The Code Enforcement
Officer of the Town of Verona is hereby authorized to issue stop-work
orders for any actions or activities observed in violation of any
provision of this Part 2, which are hereby declared to be a public
nuisance.
[Amended 5-4-1998 by L.L.
No. 1-1998]
Any person violating any of the provisions of this Part 2 shall
be punished, upon conviction, by a fine of not less than $250 or imprisonment
for a period not to exceed 15 days, or by both such fine and imprisonment.
Each days' continued violation shall constitute a separate and
additional violation hereunder.
Nothing in this Part 2 shall be deemed to impair or diminish
any cause of action or remedy which the Town may have under any other
local law, under any statute ordinance or regulation or under the
common law; provided, however, that in the case of a conflict, those
terms or rules of law shall control which are more restrictive. In
addition, thereto, the Town may enforce this Part 2 by court injunction.
Any person adjudged in a criminal or civil proceeding to have
violated this Part 2 shall be liable to the Town for all expenses
incurred by the Town in connection with the proceedings, including
the reasonable attorneys' fees of the Town in connection therewith.
