[Adopted 7-2-1985 as Art. 16 of
L.L. No. 2-1985; readopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
The purpose of this article is to promote the health,
safety and general welfare of the residents of the Town of Ballston by prohibiting
the operation of solid and liquid waste disposal facilities known as "sanitary
landfill sites," "refuse disposal areas," "waste incinerator sites" and other
such sites where refuse of any kind is dumped, stored, deposited, discarded,
thrown away, buried or burned for any purpose, within the Town of Ballston
generally and specifically the zoned Industrial District of the Town of Ballston
as established by Local Law No. 1-1986.[1] The zoned Industrial District borders a zoned Residential District,
a zoned Business District and a zoned Rural District. There is much potential
for residential, commercial and agricultural growth in these four districts
and this article shall serve to protect future inhabitants of these districts
from the many hazards associated with solid and liquid waste disposal facilities.
B.
Fire, odors, fumes and other noxious and/or hazardous
emissions are frequently emitted from such solid and liquid waste disposal
facilities, all of which create a serious potential of public hazard to the
air supply and a threat to the residents of the Town of Ballston and neighboring
communities, and especially those several persons who now reside or work or
will reside or work in the several residences and businesses which are are
contained in and surround the zoned Industrial District. The Industrial District
contains state-protected wetlands and underground aquifers, is bordered by
two creeks and is in close proximity to Ballston Lake, a major water recreation
resource for residents of the Town of Ballston. This article will ensure the
preservation of these bodies of water as clean and safe reserves for the present
and future residents of the Town of Ballston and neighboring communities.
C.
The character of the communities surrounding the zoned
Industrial District is rural and residential. The intense truck traffic that
would be created by a waste disposal facility would destroy the character
of those communities and dangerously overtax existing roads around the zoned
Industrial District.
D.
The zoned Industrial District was created in order to
promote, among other things, the growth of light industries, such as warehousing,
electronics, high technology manufacturing and research and development within
the Town of Ballston. The operation of any type of waste disposal facility
within the zoned Industrial District would defeat the purpose of its creation
and be contrary to the public interest for the following reasons:
(1)
A waste disposal facility of any type would not be consistent
and would not integrate with existing and proposed land uses within the zoned
Industrial District.
(2)
A waste disposal facility of any type would permanently
occupy and destroy the land on which it was built, thereby reducing the land
mass area for future light industrial development.
(3)
A waste disposal facility of any type would decrease
the overall utility of the zoned Industrial District to light industry of
all kinds by consuming excessive amounts of water, occupying large amounts
of land, emitting noxious wastes and overtaxing local roadways.
As used in this article, the following terms shall have the meanings
indicated:
To dump, deposit, throw, throw away, bury, burn, including incineration
for energy production, by a person or by another with the consent or approval,
active or passive, of a person in a position to control or prevent the same.
An individual, association, partnership or corporation (public, stock
or nonstock) or any combination thereof and the agent or employee thereof.
Includes any one or more of the following: refuse, trash, rubbish,
used or waste material of any kind or any other material or substance, solid
or liquid, intended to be disposed of at a site.
Includes any one or more of the following: solid and liquid waste
disposal facilities, sanitary landfill sites, refuse disposal areas, waste
incinerator plants and incinerator plants for the purpose of energy production.
No person shall receive or accept for disposal or deliver, dump or offer
for disposal any waste originating outside of the Town of Ballston on any
land or at any location, site, or area in the Town of Ballston. No person
shall operate any type of waste disposal facility for refuse originating outside
the Town of Ballston.[1]
A.
A violation of this article shall be deemed a violation.
Each day such violation shall continue or be permitted to exist shall constitute
a separate violation.
B.
For each violation of any provision of this article,
the person violating the same shall be subject to a fine of not more than
$250 or imprisonment not exceeding 15 days, or both such fine and imprisonment.
C.
Conviction for any above-mentioned violation shall constitute
and effect an immediate forfeiture of the license.
D.
Any person violating this article shall be subject to
a civil penalty enforceable and collectible by the town in the amount of $100
for each offense. 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 article.
