[HISTORY: Adopted by the Town Board of the Town of Alden 12-21-1981 by L.L. No. 5-1981 (Ch. 5 of the 1981 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Commission for Conservation of the Environment — See Ch. 15.
Filling, excavating and topsoil removal — See Ch. 195.
Illicit discharges, activities and connections — See Ch. 293, Art. I.
Junkyards — See Ch. 220.
Stormwater management and erosion and sediment control — See Ch. 300.
Zoning — See Ch. 365.
The Local Law No. 3 of the year 1975, entitled "Sanitary Landfill Law," prohibiting disposal of waste materials in the Town of Alden except in a sanitary landfill, which was adopted by the Town Board on August 4, 1975, and filed with the Secretary of State on August 8, 1975, and known in the Code book of the Town of Alden as "Chapter 5, Sanitary Landfill," is hereby repealed in its entirety, together with all amendments thereto.
This chapter shall be known and may be cited as the "Landfill Management Law of the Town of Alden."
This chapter is adopted in order to promote the health, safety and general welfare of the inhabitants of the Town of Alden by regulating landfills for minor site development and by regulating the establishment and operation of refuse disposal areas for the transshipment, treatment or burial of sanitary and hazardous wastes, including the reclamation and ultimate care of landfills. It is deemed that the safest, most effective method of storing wastes is in a secure landfill, where wastes are stored free of leachate. The regulations for Class 2 and Class 3 landfills described herein shall be interpreted to maintain this objective.
[Amended 12-3-2007 by L.L. No. 2-2007]
A. 
This chapter establishes minimum standards for the design, construction, monitoring, operation and reclamation of a landfill, authorizes the inspection of landfill and waste disposal operations, limits the materials that may be deposited in a landfill and fixes penalties for violations.
B. 
All applicable regulations under the New York State Environmental Conservation Law shall be considered as part of this chapter.
C. 
Whenever any provision of this chapter is at variance or in conflict with any other provisions hereof or any other statute, ordinance or regulation covering any of the same subject matter, the more restrictive provision or the one imposing the higher standard shall govern.
D. 
The requirements of the Town of Alden "Law to Prohibit Illicit Discharges, Activities and Connections to Separate Storm Sewer System"[1] and the Town of Alden "Stormwater Management and Erosion and Sediment Control Law"[2] of the Alden Town Code must be followed.
[1]
Editor's Note: See Ch. 293, Storm Sewers, Art. I, Illicit Discharges, Activities and Connections.
[2]
Editor's Note: See Ch. 300, Stormwater Management and Erosion and Sediment Control.
A. 
As used in this chapter, the following terms shall have the meanings indicated:
AGENT OF THE TOWN
A duly qualified employee of the Town of Alden in accordance with § 228-8E of this chapter.[1]
CLASS 2 LANDFILL
The deposition of domestic garbage, nonhazardous, odor-free sludges and nonleachable industrial wastes, demolition wastes and any nontoxic residues, in the manner hereinafter described.
CLASS 3 LANDFILL
The deposition in sites prepared according to this chapter to receive toxic substances, industrial wastes which may degrade to leachable compounds, chemical wastes, metallic compounds other than radioactive materials and organic compounds which may become environmentally hazardous.
CLASS 4 LANDFILL
A site for treatment or disposal of radioactive materials which is prohibited under all circumstances by this chapter.
COVER MATERIAL FOR LIFTS
Clay, soil or other load-bearing material used to erect or close a lift.
COVER SEALING MATERIAL
Clay having water permeability not exceeding 1 x 10-7 centimeters per second when compacted in the manner prescribed herein.
DEC
New York State Department of Environmental Conservation.
DISPOSE (AND ITS DERIVATIVES)
To dump, deposit or discard any substance by any person.
EFFLUENT
The aqueous residue from a waste processing facility as approved for disposal by a SPDES permit.
ENFORCEMENT OFFICER
See "agent of the Town."
EPA
United States Environmental Protection Agency.
GARBAGE
Biologically degradable material and household wastes free of toxic substances. For the purpose of this chapter, those substances disposable in a Class 2 landfill will include institutional wastes, demolition rubble and comparable nontoxic, nonvolatile materials and sewage sludges not contaminated with toxic industrial wastes when handled to prevent odor problems. Specifically excluded are industrial liquid wastes and dusts or sludges from industrial pollution control devices.
HAZARDOUS WASTE
Solid, liquid or volatile wastes which, by any means, may be extracted, liquefied, solubilized or gasified, permitting escape to the environment and having a potentially deleterious effect on plant or animal life. It includes those materials from the list of hazardous substances as defined in Solid Waste Management Facility Guidelines, Part 360 and Part 373-1, and the potentially oncogenic substances listed by the EPA, or latest revision. Also included are organic and inorganic industrial wastes and the dusts and sludges residual from pollution control devices.[2]
LEACHATE
Any liquid which has percolated through or from solid waste.
LIFT
A volume of disposable waste on a load-bearing base, surrounded by a barrier of cover material on sides and top.
NFPA
National Fire Protection Association.
OPERATOR
A person licensed by DEC and responsible for operation of a landfill or waste processing facility.
OWNER
Any person or persons, firm or corporation owning the facility.
PROCESSING FACILITY
Any combination of structures, machines, apparatus and site used to control, modify, treat or handle waste for processing, recovering or disposal, at an approved site.
RUNOFF
The water derived from precipitation that drains from the surface of the disposal area.
SEQR
New York State Environmental Quality Review Act.
SLUDGE
The semisolid aqueous suspension of residues obtained from a waste processing facility.
SPDES
State Pollution Discharge Elimination System.
SPECIAL PERMIT
An annually renewable permit issued by the Town Board for a DEC-licensed operator to manage the disposal of acceptable waste at an approved processing facility.
TOWN
Town of Alden.
TOWN BOARD
Town of Alden Town Board.
[1]
Editor's Note: The definition of "Class 1 landfill," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Other technical terms herein shall have the meaning ascribed to them by the New York State Environmental Conservation Law.
A. 
Design regulations. All Class 2 and Class 3 landfill designs must comply with all of the requirements of 6 NYCRR Part 360 and 6 NYCRR Subpart 373-1.
B. 
Operational procedures. All Class 2 and Class 3 landfill operational procedures must comply with all of the requirements of 6 NYCRR Part 360 and 6 NYCRR Subpart 373-1.
C. 
Accessory operations. All Class 2 and Class 3 landfill accessory operations must comply with all of the requirements of 6 NYCRR Part 360 and 6 NYCRR Subpart 373-1.
(1) 
Recovery operations. The recovery of useful materials or energy from wastes is encouraged. Tentative methods are diverse and still in development. They may be proprietary. For these reasons, no regulatory procedures are defined herein. However, the Alden Town Board reserves the right to approve and monitor such operations through its authorized representative. Design for appropriate processing facilities must be presented with the application and will be acted on by the Alden Town Board.
(2) 
Accessory facilities for fire, health and safety.
(a) 
Fire protection and firefighting facilities adequate to ensure the safety of employees and provisions to deal with accidental burning of wastes within the landfill shall be provided and shall be in accordance with the New York State Fire Protection Code and Standards as promulgated by NFPA.
(b) 
Emergency first-aid equipment for adequate treatment of injuries shall be provided.
(c) 
Fences shall be provided and maintained to enclose the landfill. Fencing must be mechanically and aesthetically acceptable and approved by the Town Building Inspector/Code Enforcement Officer.
(d) 
Signs shall be provided indicating the nature of the landfill and specific hazardous areas.
(e) 
A telephone or equivalent type of communication shall be available between fill site and project office.
(f) 
Twenty-four-hour surveillance over the fill site shall be maintained with appropriate security as approved by the Town Board.
(g) 
The landfill operator shall provide a reference sample and test report from each test well weekly to the agent of the Town.
(h) 
The effluent from the surface runoff catch basin shall be monitored when requested by the agent of the Town.
(i) 
The operator shall provide all necessary precautions to prevent infiltration by scavengers, rodents or insects.
(j) 
Storage and office facilities shall be provided for the agent of the Town.
D. 
Terminal treatment. All Class 2 and Class 3 landfill terminal treatment must comply with all of the requirements of 6 NYCRR Part 360 and 6 NYCRR Subpart 373-1.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
All maps and drawings shall be clearly drawn on sheets measuring 24 inches by 36 inches. When more than one sheet is required, an additional index sheet shall be prepared at a reduced scale to show the entire project. The following maps, drawings and documents shall bear the seal of a licensed engineer, architect or surveyor, as appropriate, and shall become part of the approved permit:[1]
A. 
Class 2 and 3 landfills.
(1) 
Topographic map of the area within one mile of the site at a scale of not less than one inch equals 1,000 feet with contours at five-foot intervals.
(2) 
Location map showing the following:
(a) 
Residences, industrial buildings, roads and other applicable details within 3/4 mile of the site.
(b) 
Locations and elevations of public and private water supplies, wells, springs, streams, swamps or other bodies of water within one mile of the site.
(c) 
Wind patterns and velocities shall be shown by rose.
(d) 
Locations of active or abandoned gas wells, underground and surface mines within 1/4 mile of the site, showing the extent of mine workings, the elevation of the mine pool and the location of mine-pool discharges.
(e) 
Locations of high-tension power line rights-of-way and transmission pipeline rights-of-way within 1/4 mile of the site.
(f) 
Access routes and approach roads within one mile of the site.
(g) 
Boundary survey of the proposed facility.
(3) 
Site development plan at a scale of not less than one inch equals 100 feet to include the following:
(a) 
Elevation of the water table, including seasonable variations thereof, and natural or preexisting drainageways accompanied by proper evidence therefor.
(b) 
Proposed roads, parking areas, etc.
(c) 
Locations of monitoring test wells.
(d) 
A report on the soils and the geological and groundwater characteristics of the proposed site, based on sound geological investigation, including depth and pitch of bedrock either from on-site testing or reliable survey data.
(e) 
Proposed borrow pit areas.
(f) 
Area and depth of proposed fill area.
(g) 
Locations of fire control, water supply, weighing stations, equipment service and storage, personnel facilities, operations office and other required facilities.
(h) 
Cross section of the design for the fill area.
(i) 
All sumps and facilities for drainage of leachate from each lift.
(j) 
All personnel facilities, including utilities and decontamination facilities.
(k) 
A description of equipment shelters and an inventory of functioning, available equipment, showing numbers, types and sizes.
(4) 
Terminal treatment map.
(a) 
A terminal treatment map shall define terminal treatment and reclamation of the landfill and adjacent areas, showing all excavated and filled areas, drainage system and contours at five-foot intervals after terminal recovery.
(5) 
All other documentation required by the NYSDEC and the United States EPA.[2]
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[1]
Editor's Note: Original § 5-7A, Class 1 landfills, which immediately followed this paragraph, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Required permits.
(1) 
It shall be unlawful for any person to operate any type of landfill or processing facility within the limits of the Town of Alden without a valid permit issued by the Town. Any operator of a Class 2 or 3 landfill shall also personally hold an operator's license issued by DEC.[1]
[1]
Editor's Note: Original § 5-8B(1) of the 1981 Code, pertaining to Class 1 landfills, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Approval procedures.
(1) 
Applications for a special permit to develop, prepare, excavate, construct, extend or otherwise modify a site for a Class 2 or Class 3 landfill or processing facility shall be submitted to the Code Enforcement Officer as described in § 228-7, accompanied by an applicable fee to cover costs, for a qualified review of the proposed plan.[2]
(a) 
Upon review of an engineering report, recommendation of the Town Planning Board, public hearings and consideration of overall community impact, the Town Board may grant preliminary approval of the proposed plan.
(b) 
Final approval by the Town Board shall be subject to acceptable bonding and to all applicable federal and state regulations.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Bonding.
(a) 
For construction, bonding shall be equal to the cost for site development.
(b) 
For operation, minimum bonding shall equal annual gross business volume but shall in no case be less than the cost of site development.
(c) 
For terminal treatment, bonding shall equal the operating bond.
(d) 
The owner/operator shall provide a bond or insurance sufficient enough to hold the Town harmless for any performance failure.
(e) 
The owner/operator's bond to insure terminal recovery on a Class 2 or Class 3 landfill must provide for perpetual care, unless arrangements are made with DEC for the state to assume permanent title and responsibility for the area.
C. 
Duration.[3]
(1) 
Annual permits and renewals for Class 2 and Class 3 landfills and facilities shall be issued by the Code Enforcement Officer, subject to Town Board approval. For a renewal, the applicant must state in writing that there is no change in the information contained in the original application. Where changes in provisions or facilities are sought, the applicant shall submit a revised application and follow the same procedures as prescribed for an original application. Renewals shall be for a maximum of nine years.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
A permit granted under this law is not transferable and any change in ownership of the site or operation immediately invalidates the permit. Such action is a violation and will be subject to prosecution under § 228-10.
[3]
Editor's Note: Original § 5-8C(1) of the 1981 Code, pertaining to Class 1 landfills, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Suspension or termination of permit.
(1) 
Any legal evidence of infractions of the rules and regulations or deviations from the specified conditions and operating procedures for the landfill shall justify the termination of the special permit after the duly held hearing of the operator by the Town Board.
(2) 
Verified evidence of pollution by leachate in the test wells or surface water effluent or any other evidence of escape of leachate of offensive gases or odors shall justify suspension of the permit by the Town Board.
(3) 
Where there is evidence of escape of pollutants, the agent of the Town may require an immediate cessation of operation, pending a hearing before the Town Board.
E. 
Operation oversight (agent of the Town).
(1) 
The operation of a Class 2 and 3 landfill or processing facility shall be continuously monitored by the agent of the Town and/or such other qualified persons as may be authorized by the Alden Town Board.
(2) 
Qualifications of the agent of the Town.
(a) 
The agent of the Town shall be appointed by the Alden Town Board and shall represent the Town's interests by protecting the health, welfare and safety of the residents of the Town of Alden.
(b) 
The agent of the Town shall have an educational or experience level of a chemical engineer or equivalent and shall have an operator's license from DEC.
(3) 
Duties of the agent of the Town.
(a) 
The agent of the Town shall be the enforcement officer of this chapter and shall not engage in any activity inconsistent with his duties during the term of his appointment.
(b) 
The agent shall have continuous access and shall observe procedures used for receiving, weighing in and recording the nature and effective disposition of all Class 2 and Class 3 wastes.
(c) 
In a Class 3 recovery operation, handling or pretreatment of waste shall be open to observation by the agent of the Town or other qualified persons authorized by the Town Board to review the procedures for safety and effectiveness.
(d) 
All records pertaining to handling, treatment, burial, control of leachates and effluents or other operating procedures of Class 2 and Class 3 operations shall be accessible to the agent of the Town.
(e) 
All discharges of runoff water and residual wastewater from a Class 2 or Class 3 landfill to a sewer or natural drainageway shall be monitored for BOD and approved by the agent of the Town.
(4) 
All costs associated with the agent of the Town shall be paid for by the owner of the landfill.[5]
[5]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Recordkeeping.
(1) 
A permanent written log shall be maintained by the landfill operator and shall include the following information:
(a) 
Serially numbered weight tickets shall be filed in numerical order for all waste material delivered. The tickets shall show the producer, nature of the waste, handling and/or pretreatment, if any, and disposition of waste.
(b) 
The operator shall maintain a daily log of all operations, disclosing special handling, treatment, recovery operations, construction or completion of each cell or lift identified on the site plan. The log shall be available to the agent of the Town.
A. 
Dumping limited to landfills.
(1) 
The dumping of garbage, trash, junk or waste material shall be limited to approved landfills.
(2) 
Such landfills (Class 2 and Class 3) shall be permitted in M-2 zoning districts only and shall be monitored by the agent of the Town.
(3) 
Any other landfill activity shall come under the authority of the Code Enforcement Officer.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Fees; bonds.
(1) 
Class 2 and 3 landfill operations constitute both a loss of land resource and a potential hazard to the community. Use fees, construction bonds and terminal recovery bonds shall be imposed on such operations as set forth by the Town Board of the Town of Alden upon passage of a duly authorized resolution.
A. 
Any person or persons, firm or corporation who commits or permits any act or acts in violation of any of the provisions of this chapter, or neglects to comply with any order issued pursuant to this chapter, shall be deemed to have committed a violation against such chapter and also shall be liable for any such violation or the penalty therefor. Each day such violation shall continue or be permitted to exist shall constitute a separate violation.
B. 
For every violation of any provision of this chapter the person or persons, firm or corporation violating the same shall be subject to a fine of not more than $1,000 per day of violation and/or imprisonment not to exceed six months.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Conviction of a violation of this chapter may constitute and effect an immediate forfeiture by the Town Board of any special permit or license issued under this chapter.
D. 
Any person, persons, firm or corporation violating this chapter shall be subject to a civil penalty enforceable and collectible to the Town in the amount of $250 for each such violation. Such penalty shall be collectible by and in the name of the Town for each day that such violation shall continue.
E. 
In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.