This chapter shall be known as "Local Law No. 1-2016 of the
Town of Wales."
As used in this chapter, the following terms shall have the
meanings indicated:
PATHOGENIC ORGANISMS
Any disease-causing organisms, including, but not limited
to, bacteria, viruses, protozoa, and parasitic worms and/or their
ova.
PERSON
Any individual, firm, partnership, company, corporation,
association, society, or group.
SEPTAGE
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.
SEWAGE SLUDGE
The accumulated semisolid suspension of solids deposited
from wastewaters from municipal or private sewage treatment plants.
SLUDGE
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.