As used in this article, the following terms shall have the
meaning indicated within this chapter:
RECYCLED MATERIALS MANAGEMENT FACILITY (RMM FACILITY)
A facility for the temporary purchasing, deposition, staging, handling, processing, loading or unloading of recyclable material(s), including scrap metal, food scraps and e-waste as defined in Chapter
133, and as described in §
213-280. Recyclable materials and/or e-waste arriving at the facility shall be for the sole purpose of subsequent transfer to another solid waste or recyclable materials management facility associated with the wholesale sale, reuse or disposal of the solid waste, e-waste and/or recyclable material.
[Amended 3-16-2022 by L.L. No. 3-2022]
SCRAP METAL PROCESSING FACILITY
A subcategory of "recycled materials management facility" limited to the purchase, processing by means other than by the operation of a shredder for the processing of appliances and/or ferrous metal, and the shipment of ferrous and/or nonferrous scrap, the end product of which is the production of raw materials for steel mills, foundries, smelters, refiners and similar users. A scrap metal processing facility shall only be located in the geographic areas delineated for a recycled materials management facilities within §
213-280 or on property zoned H-Industry. A scrap metal processing facility is subject to all of the standards and approvals required of a recycled materials management facility as provided in this article, except where otherwise specifically provided for.
SHREDDER
A stationary or nonstationary mechanical device that may
be set upon a foundation which is used to process motor vehicles,
appliances and/or scrap metal by the use of a mechanical process that
pulverizes or grinds the material for the purpose of reducing the
size of material fed into the machine.
TRANSFER STATION
A facility for the temporary deposition, staging, handling, processing, loading or unloading of solid waste or construction and demolition debris (C & D) as defined in Chapter
133. Solid waste arriving at the facility shall be for the sole purpose of subsequent transfer to another solid waste or recyclable materials management facility for further processing, treating, transfer or disposal.
[Amended 4-27-2022 by L.L. No. 10-2022]
A. Any person, owner, lessee, occupant, or entity in charge who allows, permits or suffers the existence of a transfer station, recycled materials management facility or a scrap metal processing facility, as defined in §
213-277, without a license within the Town of Babylon shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not less than $5,000 and not more than $10,000 or imprisonment for a period not to exceed one year, or both.
B. In the sole discretion of the Town Attorney, any offense based on
a violation of this article may be reduced to an "attempted offense"
as established by the New York State Penal Law § 110.00.
C. Any person, entity or firm who shall attempt to violate any provision
of this article shall be guilty of an offense, and, upon conviction
thereof, a fine of not less than $2,500 nor more than $5,000 must
be imposed and a term of imprisonment for a period not to exceed 15
days may be imposed, or both.
D. Any
person found by the Bureau of Administrative Adjudication to have
violated this article shall be subject to a monetary penalty of not
less than $2,500 nor more than $10,000.