[HISTORY: Adopted by the Town Board of the Town of Moreau: Art. I, 12-29-1980
as Ch. 12 of the 1973 Code; Art. II, 12-29-1980. Section
91-1C and D added and §§ 91-2, 91-3A, 91-6B, C and E(6), 91-7B,
91-11A and 91-14A(3) and B amended at time of adoption of Code; see Ch. 1,
General Provisions, Art. I. Other amendments noted where applicable.]
[Adopted 12-29-1980 as Ch. 12 of the 1973 Code]
A.
The Town Board of the Town of Moreau declares its intent
to regulate and control the disposal of waste, as defined by this Article,
for the protection of the general public. The Town Board acknowledges the
responsibility to maintain a sanitary landfill pursuant to federal and state
law and pursuant to federal and state environmental rules and regulations.
B.
The Town Board enacts this Article in view of the financial
cost to maintain the sanitary landfill, to properly enact a closure plan,
to regulate the quantity and nature of waste disposed, taking into account
the source of the waste and the complications inherent in the proper disposal
of same, and to enforce this Article by civil and/or criminal remedies.
C.
The Town Board of the Town of Moreau acknowledges its
responsibilities to regulatory agencies, including but not limited to the
Environmental Protection Agency and the Department of Environmental Conservation.
The Town Board acknowledges its responsibility to report to investigatory
and regulatory agencies on an interim basis as to the quantity and quality
of the waste disposed at the site.[1]
D.
The Town Board enacts certain amendments to Chapter 91 of the Code of the Town of Moreau and rules and regulations therein to properly comply with investigatory and regulatory authorities and to meet its obligations to the general public by ensuring the health, safety and environment of the residents of the Town of Moreau.[2]
For the purpose of this Article, the words and phrases used herein are
defined as follows:
All waste originating from commercial sources and all waste originating
from residential sources when disposed of by a commercial waste hauler. "Commercial
waste" shall include waste resulting from the occasional destruction or removal
of buildings or any part thereof or the cutting down and disposing of trees
and brush. "Commercial waste" shall exclude industrial waste.
[Added 2-1-1982]
Any person, firm or corporation who disposes of commercial waste.
Waste material resulting from industrial processes, including but
not limited to papermill sludge, pulpmill sludge and waste generated on site
by industry.
Any person, firm or corporation who generates industrial waste as
a result of industrial processes for disposal at the site.[1]
Any person, firm or corporation who disposes of industrial waste.
Any individual resident of the Town of Moreau and/or the Village
of South Glens Falls who disposes of waste originating from his or her private
residence.
Residual effects of the papermaking process, including but not limited
to pulp fiber, clays and other organic and inorganic materials, including
liquid content.
Any waste defined as toxic, hazardous or corrosive by the United
States Environmental Protection Agency (EPA) and/or the New York State Department
of Environmental Conservation (DEC).
Residual effects of the pulpmill process, including but not limited
to pulp fiber, clays and other organic and inorganic materials, including
liquid content.
All legally disposable matter as defined and regulated by the United
States Environmental Protection Agency and the New York State Department of
Environmental Conservation, but excluding, for the purposes of this Article,
industrial waste, papermill sludge and pulpmill sludge.
A.
The premises owned by the Town of Moreau and shown on
a map which was submitted in 1988 to the New York Department of Environmental
Conservation, which premises are hereby designated as the sanitary landfill
of this town for the disposal of waste, are subject to the provisions of this
Article.[1]
B.
The regulations herein contained shall also apply to
any other lands hereinafter acquired or leased for the purpose of disposal
of waste.
[Amended 2-13-1990]
No person, firm or corporation shall carry or leave or cause to be carried or left upon the premises mentioned in § 91-3 of this Article any tree trunk, automobile, vehicle or other large article or any part thereof, unless the same shall have been so cut, dismantled or flattened out so as to permit the same to occupy a minimum of space and, in no event, shall any log that exceeds four feet in length be deposited in the sanitary landfill.
A.
No person, firm or corporation not a resident of or conducting
an establishment, business or industry in the Town of Moreau or the Village
of South Glens Falls shall dispose of waste of any kind on the premises herein
designated for that purpose, except as hereinafter set forth in regard to
industrial waste haulers and commercial waste haulers.
B.
All noncommercial, nonindustrial waste haulers, prior
to disposal of waste at the site, shall have a permit on display on their
vehicle showing that they are residents of the Town of Moreau or the Village
of South Glens Falls.
C.
Notwithstanding the provisions of Subsections A and B hereof, the Town Board of the Town of Moreau may by resolution permit the disposal of waste at the site by nonresidents of the Town of Moreau in accordance with the Saratoga County Landfill Consolidation Plan, in which case said nonresidents shall be subject to all other provisions of Chapter 91 of the Town Code.
[Added 8-26-1991 by L.L. No. 2-1991]
A.
No industrial waste hauler shall dispose of industrial
waste at the site unless and until said person, firm or corporation has been
issued a license by the Town Clerk of the Town of Moreau and said license
is in full force and effect at the time of the waste disposal.
B.
Industrial waste hauler licenses shall not be transferable
and shall expire on July 1 in the year of issue.
[Amended 7-27-1990 by L.L. No. 4-1990]
C.
Industrial waste hauler licenses shall be issued upon compliance by the industrial waste hauler and by the industrial waste generator with the rules and regulations promulgated by the Town of Moreau pursuant to § 91-13, Supplementary regulations.
[Amended 7-27-1990 by L.L. No. 4-1990]
D.
No industrial waste hauler license shall be issued unless
and until the industrial waste hauler has posted sufficient security in a
form approved by the Town Board of the Town of Moreau.
E.
Industrial waste hauler licenses shall be revoked by
the Town Board of the Town of Moreau upon the occurrence of any of the following
violations:
(2)
Cancellation or forfeiture of sufficient security.
(3)
Misrepresentation in the application for an industrial
waste hauler license.
(4)
Transfer of an industrial waste hauler license without
notice to the Town Board and the Town Clerk of the Town of Moreau.
(5)
Violation of any federal or state environmental rule,
order, law or ordinance.
F.
An industrial waste hauler license shall be revoked upon due notice to the industrial waste hauler and after a full hearing before the Town Board of the Town of Moreau. Violators shall also be subject to penalties pursuant to § 91-11 and pursuant to the rules and regulations promulgated pursuant to § 91-13, Supplementary regulations.
A.
No commercial waste hauler shall dispose of commercial
waste at the site unless and until said commercial waste hauler has been issued
a license by the Town Clerk of the Town of Moreau and said license is in full
force and effect at the time of the waste disposal.
B.
Commercial waste hauler licenses shall not be transferable
and shall expire on July 1 in the year of issue.
[Amended 7-27-1990 by L.L. No. 4-1990]
C.
Commercial waste hauler licenses shall be issued upon compliance by the commercial waste hauler with the rules and regulations promulgated by the Town of Moreau pursuant to § 91-13, Supplementary regulations.
D.
Commercial waste hauler licenses shall be revoked by
the Town Board of the Town of Moreau upon the occurrence of any of the following
violations:
(1)
Failure to pay the annual license fee as prescribed by rules and regulations pursuant to § 91-13. Supplementary regulations.
(2)
Misrepresentation in the application for a commercial
waste hauler license.
(3)
Transfer of a commercial waste hauler license without
notice to the Town Board and the Town Clerk of the Town of Moreau.
(4)
Violation of any federal or state environmental rule,
order, law or ordinance.
E.
A commercial waste hauler license shall be revoked upon due notice to the commercial waste hauler and after a full hearing before the Town Board of the Town of Moreau. Violators shall also be subject to penalties pursuant to § 91-11 and pursuant to the rules and regulations promulgated pursuant to § 91-13, Supplementary regulations.
[Amended 8-26-1991 by L.L. No. 2-1991]
A.
No person, firm or corporation shall dispose of waste, whether commercial, industrial or otherwise, at the site where said waste originates from outside the Town of Moreau or the Village of South Glens Falls, except that the Town Board of the Town of Moreau may provide by resolution for the disposal at the site of waste which originates outside of the Town of Moreau or the Village of South Glens Falls in conformity with the provisions of the Saratoga County Landfill Consolidation Plan, in which case all depositors of waste shall be subject to all other provisions of Chapter 91 of the Town Code.
No person shall deposit or cause to be deposited any substance of any
kind on the landfill site herein designated, except at the place and in the
manner directed by the person in charge of the premises under authority of
the Town Board, whether such direction is given personally or by another person
by his authority or by a sign or signs erected upon the premises by his authority.
No person shall fire a firearm on the landfill site, nor shall any person
scavenge such landfill site without written permission of the Town Board.
[Amended 4-14-1987]
No person shall throw or deposit, or cause to be thrown or deposited, any abandoned vehicles, or parts thereof, or any of the following as defined in § 91-2 of this Article: waste, industrial waste, papermill sludge, pulpmill sludge, commercial waste or prohibited waste, in or upon any public highway, street or place within said Town of Moreau, except the landfill site aforesaid, pursuant to the regulations thereof.
[Amended 7-27-1990 by L.L. No. 4-1990; 5-31-1991
by L.L. No. 1-1991]
A.
Any person who, having any of the culpable mental states defined in § 15.05 of the Penal Law of the State of New York, shall violate any of the provisions of § 91-10 of this chapter, shall be guilty of a violation and, upon conviction thereof, shall be punished by a fine of not less than $1,000 nor more than $2,500 per day of violation.
B.
Any person, firm or corporation violating any of the
other provisions of this Article shall be guilty of a violation and, upon
conviction thereof, shall be punishable by a fine not to exceed $250 or by
imprisonment in the county jail for a term not to exceed 15 days, or by both
such fine and imprisonment. Each day that such violation continues shall be
deemed to be a separate offense.
Any person, firm or corporation who shall, or whose servants, agents,
employees or officers shall violate this Article may thereafter be denied
the use of the site, either temporarily or permanently, by resolution of the
Town Board.
The Town Board of the Town of Moreau shall have the power to make such
other, further rules and regulations as shall be reasonable concerning the
disposal of waste at the site.
[Adopted 12-29-1980]
A.
Industrial waste hauler license requirements.
(1)
Each industrial waste hauler shall complete and file
with the Town Clerk of the Town of Moreau an application for a license containing
the following information:
(a)
The name, address and telephone number of the industrial
waste hauler. If the industrial waste hauler is a corporation, the application
shall be completed by an officer of the corporation, and all directors of
said corporation shall be listed on the application with their names and addresses.
If the industrial waste hauler is a partnership, the application shall be
completed by a general or a full partner, and all remaining partners'
names and addresses shall be indicated on the application.
(b)
A list of all sources of waste, all accounts and services
which shall be amended during the period of the license, as necessitated by
additions or deletions to active accounts.
(c)
A statement as to compliance as to federal, state and
local licensing requirements, if applicable.
(d)
Posting of sufficient security in either of the following
forms:
[1]
A letter of credit from a recognized banking institution
or financial institution guaranteeing payment of license fees to the extent
of $5,000;
[2]
Posting of a performance bond from a licensed insurance
company or bonding company in the State of New York in the amount of $5,000;
or
[3]
Deposit of a cash security to the Town Clerk in the amount
of $5,000.
(2)
Applications shall be kept on file at the Town Clerk's
office.
(3)
Applications shall be renewed on or before July 1 for
the next licensing year.
[Amended 7-27-1990 by L.L. No. 4-1990]
B.
Fees and procedures for collection for industrial waste
haulers and procedures for industrial waste generators.
[Amended 11-30-1984; 9-25-1987; 7-10-1990; 7-27-1990
by L.L. No. 4-1990]
(1)
Industrial waste haulers shall pay to the Town Clerk
of the Town of Moreau such fee or fees as the Town Board of the Town of Moreau
may set by resolution to be filed with the Town Clerk. Any change in such
fee shall be effective upon filing of said resolution with the Town Clerk.
All moneys so collected shall be applied to landfill closure; landfill monitoring,
or transfer station operation and maintenance.
[Amended 3-11-1997 by L.L. No. 1-1997]
(2)
Payment shall be made within 30 days of billing.
[Amended 3-11-1997 by L.L. No. 1-1997]
(3)
Unpaid fees after 30 days shall bear interest at 10%
per annum until paid.
(4)
Unpaid fees after 60 days shall result in collection
expenses, including but not limited to attorneys fees, forfeiture of bond
and revocation of license.
(5)
Industrial waste haulers shall, within 30 days of disposal,
submit certification to the Town Clerk of the Town of Moreau, on a form prescribed
by the Town Board of the Town of Moreau, indicating and verifying the total
waste disposed during the period of disposal.
(6)
The Town Board shall have the authority to inspect the
books and records of the industrial waste hauler to verify the information
given to the Town Clerk as to quantity of waste disposed.
(7)
Industrial waste generators shall verify the total quantity
of waste disposed, and the physical, chemical and biological nature of said
waste, by report to the Town Clerk of the Town of Moreau, on a form prescribed
by the Town Clerk of the Town of Moreau, as required by the Environmental
Protection Agency and/or the New York State Department of Environmental Conservation.
[Amended 5-9-1989; 2-13-1990]
A.
Commercial waste hauler license requirements.
(1)
Each commercial waste hauler shall complete and file
with the Town Clerk of the Town of Moreau an application for a license containing
the following information:
(a)
Name, address and telephone number of commercial waste
hauler. If commercial waste hauler is a corporation, the application shall
be completed by an officer of the corporation, and all directors of said corporation
shall be listed on the application, with their names and addresses. If the
commercial waste hauler is a partnership, the application shall be completed
by a general or a full partner, and all remaining partners names and addresses
shall be indicated on the application.
(b)
A list of all sources of waste.
(c)
A statement as to compliance with federal, state and
local licensing requirements, if applicable.
(2)
The application shall be kept on file at the Town Clerk's
office.
(3)
The application shall be renewed on or before December
1 for the next licensing year.
B.
Fees and procedures.
[Amended 7-10-1990; 7-27-1990
by L.L. No. 4-1990]
(1)
Commercial waste haulers shall secure a load permit for
each vehicle load to be deposited in the sanitary landfill. Load permits shall
be obtained from the Town Clerk upon the payment of a fee of $6 per yard of
vehicle capacity, or at such other rate as may be set by the Town Board by
resolution and posted in the Town Clerk's office.
(2)
All load fees will be charged at full vehicle capacity,
there being no reduced fees for partial loads.
[Added 2-13-1990; 7-10-1990]
A.
B.
Landfill users disposing of waste from their own residences
or their own commercial establishments shall be considered noncommercial waste
haulers under this Article.
[1]
Editor's Note: Former § 91-16, General regulations
affecting all landfill users, as amended, was repealed 2-13-1990.
