[HISTORY: Adopted by the Town Board of the
Town of Wales 5-10-2016 by L.L.
No. 1-2016. Amendments noted where applicable.]
This chapter shall be known as "Local Law No. 1-2016 of the
Town of Wales."
A.Â
The purpose of this chapter is to provide for a prohibition of the
storage, use and disposal of sludge, sewage sludge and septage, or
materials derived from these substances, in the Town of Wales. Matters
pertaining to the storage, use and disposal of sludge, sewage sludge
and septage, or materials derived from these substances, within the
Town requires the need for suitable regulation in an effort to protect
the health, safety and well-being of the citizens of and the environment
in the Town of Wales. The Town Board of the Town of Wales has made
the determination that the prohibitions contained herein are necessary
to protect the health, safety and well-being of the citizens of and
the environment in the Town of Wales. The Town of Wales is unique
in that it is the only town within Erie County solely dependent on
groundwater as its sole source of water for its residents and businesses.
Out of concern for the sustainability and continued healthfulness
of our water resources, the Town Board commissioned a water study.
Findings from this water study recommend action on both private and
governmental levels. Based on this and additional scientific evidence
from academic studies, and in the interest of ensuring that the water
supply of the Town of Wales is neither compromised nor destroyed,
the Wales Town Board finds it prudent and necessary to prohibit the
storage, use and disposal of sludge and septage as defined herein,
as well as materials derived from these substances.
B.Â
Therefore, the Town Board of the Town of Wales finds it prudent and
necessary to prohibit the storage, use and disposal of sludge, sewage
sludge and septage as defined herein, as well as materials derived
from these substances.
As used in this chapter, the following terms shall have the
meanings indicated:
Any disease-causing organisms, including, but not limited
to, bacteria, viruses, protozoa, and parasitic worms and/or their
ova.
Any individual, firm, partnership, company, corporation,
association, society, or group.
The contents of a septic tank, cesspool or other individual
sewage treatment facility which received domestic sewage wastes. Septage
shall not be deemed to include wastes resulting from ordinary residential
use within the Town of Wales, or farming operations as defined in
the Town Zoning Codes and other applicable codes of the Town of Wales,
including, but not limited to, dairying, beef, egg or chicken production
when such are conducted within the Town of Wales, and such wastes
as are generated within the Town of Wales or in surrounding towns
due to the course of normal farming operations.
The accumulated semisolid suspension of solids deposited
from wastewaters from municipal or private sewage treatment plants.
The accumulated semisolid suspension of settled solids deposited
from wastewaters or other fluids. Sludge shall not be deemed to include
the accumulated semisolid suspension of settled solids deposited or
resulting from farming operations, as defined in the Town Zoning Codes
and other applicable codes of the Town of Wales, including, but not
limited to, dairying, beef, egg or chicken production when such are
conducted within the Town of Wales and such wastes are generated within
the Town of Wales or in surrounding towns due to the course of normal
farming operations.
This chapter is enacted pursuant to the provisions of the Town
Law and the Municipal Home Rule Law of the State of New York and the
inherent right and obligation of the Town Board to protect the health,
safety and welfare of its citizens.
This chapter shall apply to any and all storage, use and disposal
of sludge, sewage sludge and septage, or materials derived from these
substances, within the Town of Wales; however, the provisions contained
herein shall not apply to private septic systems located in the Town
of Wales or the sale or storage of lawn and garden fertilizer packaged
for retail sale or the application of lawn and garden fertilizer packaged
for retail sale.
Except as provided elsewhere within this chapter, no person
shall collect, accept, store, process, treat, handle, generate, apply
to the land or dispose of or allow to be disposed of or otherwise
cause to be disposed of within the Town of Wales any sludge, sewage
sludge or septage as defined herein or any other liquid, solid or
semisolid waste, any of which contains human waste or any pathogenic
organisms deriving from human waste, or which are derived from materials
containing human waste, pathogenic organisms deriving from human waste
and/or municipal wastewater, at any location within the Town of Wales.
Any or all projects already duly approved or for which permits
have been issued for the processing of solid waste and recycling or
the disposal of sewage, sewage sludge, septage, or materials derived
from these substances may be continued and shall not be affected by
the terms and provisions of this chapter.
The invalidity of any word, section, clause, paragraph, sentence
or part or provision of this chapter shall not affect the validity
of any other part of this chapter which shall be in effect.
