This chapter shall be known as the "Landfill, Dumps and Dumping Law
of the Town of Albion."
It is the purpose of this chapter to promote the health, safety and
general welfare of the residents of the Town of Albion by the proper monitoring
and regulation of land use and disposal areas known as "sanitary landfills"
and the activities attendant thereto, to otherwise prohibit the dumping of
material in the Town of Albion, except as permitted in said landfills, and
to prohibit the open burning of refuse, in conformity with, and continuation
of, the powers granted to the Town of Albion by the Legislature of the State
of New York pursuant to Article 27, Title 7, of the Environmental Conservation
Law (hereafter "ECL") and such other statutes and rights conferred to the
Town of Albion under the Constitution of the State of New York, the Municipal
Home Rule Law, the Vehicle and Traffic Law and the Town Law.
As used in this chapter, the following terms shall have the meanings
indicated:
ASH
The residues of the combustion or solid fuels such as wood, coal,
coke or charcoal or the incineration of solid waste or the like.
DEC
The New York State Department of Environmental Conservation.
FILLING AND GRADING
The alteration of land by any means which results in a modification of the land contours through the addition or deletion of soil or other nonrefuse inert material. This definition shall not include tilling of lands, landscaping of residences, commercial or industrial buildings which are authorized by a duly issued building permit pursuant to Chapter
58 of the Town Code or any activities which are specifically reserved to the Department of Environmental Conservation.
GARBAGE
Includes any putrescible wastes, except hazardous waste, sewage and/or
sludge. Examples include animal, fish, fowl, fruit or vegetable produce grown,
made or produced from or resulting from the growth, processing, use or storage
of food for human consumption, which includes spoiled food and dead animals
found within the Town of Albion.
HAZARDOUS WASTE
Those materials as currently defined as such in 6 NYCRR Part 371
and as it may be amended from time to time.
PERSON
Includes any individual, partnership, corporation, unincorporated
association, firm, club, society of persons and/or not-for-profit corporation.
The singular designation of the male gender hereby includes the plural, feminine
and neuter.
RADIOACTIVE WASTE
Any nuclear or by-product material as defined by the Atomic Energy
Act of 1954, as amended (68 Stat. 923).
REFUSE
Includes nonputrescible or putrescible hazardous or nonhazardous
waste, including but not limited to wood, rags, excelsior, straw, cardboard,
leather, soil, sweepings from buildings or other structures, tree trimmings,
shrubbery, leaves, grass, trees, cans, glass, abandoned or unlicensed automobiles,
tires, metal products, automotive parts, glassware, pottery, asphalt products
or other construction debris and other discarded articles of a similar nature.
[Amended 8-12-2002 by L.L.
No. 1-2002]
SOLID WASTE
Any discarded materials, substances or objects, including garbage,
refuse, sludge and industrial or commercial waste, including without limitation
any items defined as "solid waste" pursuant to 6 NYCRR Part 360-1 as currently
embodied or as it may from time to time be amended.
WASTE HAULER
Any transporter of garbage, refuse, hazardous waste or solid waste,
who receives compensation or remuneration either directly, indirectly or by
virtue of trade or barter. This definition shall include those transporters
of waste who are licensed pursuant to Article 27, Title 7, of the ECL and
any business which transports waste for disposal at the landfill for its own
account. It shall not include persons who are transporting materials generated
by their own residential, noncommercial activities or persons who are transporting
material which is derived from their own agricultural enterprise.
No person shall use any of the lands, streams, waterways, bodies of
water or airspace rights within the Town of Albion as a dump. Landfills lawfully
licensed in accordance with the provisions of this chapter are permissible
under this chapter.
Except as otherwise permitted pursuant to this chapter relative to a
licensed landfill, no person shall transport, bring or cause to be transported
or brought into the Town, or shall throw, dump, deposit or cause to be thrown,
dumped or deposited in the Town of Albion, any ash, garbage, refuse, solid
waste or hazardous waste material from any source whatever originating outside
of the Town of Albion.
No person shall throw, deposit, cause or participate in the throwing or depositing of any garbage, ashes, refuse, solid waste or hazardous waste material in or upon any public highway, street, place, air right, building, stream, waterway or body of water or upon any private lands, other than lands owned by him and as specifically authorized by this chapter, except as otherwise permitted in this chapter. A violation of this section, except as relates to hazardous waste, shall be a violation of §
49-17D. A violation of this section as relates to hazardous wastes shall be a violation of §
49-17E.
No person shall suffer or permit garbage, ashes, refuse, solid waste or hazardous waste to collect or remain upon premises owned or occupied by him so that the same shall become harmful to the environment or to the public health, unsightful or offensive to any person or property, except as otherwise authorized in this chapter. A violation of this section, except as relates to hazardous waste, shall be a violation of §
49-17D. A violation of this section as relates to hazardous wastes shall be a violation of §
49-17E.
Unlicensed filling and/or grading is prohibited.
A. The owner, or lawful occupant of lands with the express
written, notarized approval of the owner thereof, may apply for a filling
and grading license in accordance with this section.
B. An application for a filling and grading license may be obtained from the Town Clerk. The application must be fully completed, executed and acknowledged before a notary public under penalty of perjury of law and accompanied by an application fee in accordance with Subsection
C below. Said application shall authorize the Town Board or its designated agent the right to enter upon and inspect the premises for the purposes of determining compliance with this chapter.
C. The filing fee for a permit application shall be a nonrefundable
sum of $25.
[Amended 3-9-1998 by L.L.
No. 1-1998]
D. In authorizing the issuance of any license, the Town
Board may include such conditions and limitations as it deems reasonably necessary
or advisable to safeguard the health, welfare, safety and public interest
of the residents of the Town, including but not limited to financial commitments
or bonds to insure the completion of the filling and grading in accordance
with the filed plans.
E. Each application shall provide:
(1) The full name of the person seeking a permit, whether
that person is an individual, corporation, partnership, joint venture or other
legal entity. If the applicant is not a person, the application shall set
forth the names of all parent corporations, affiliates, shareholders if a
closely held corporation, officers, board members, partners, joint venturers
or other beneficial owners of the entity seeking a permit and the federal
identification number or social security number of the applicant and all affiliates
or individuals set forth in the application. If the applicant is a corporation,
the applicant shall also provide a certificate of good standing from the Secretary
of State of the state of incorporation and, if a foreign corporation, the
filing as a foreign corporation with the Secretary of State. If the applicant
is not a corporation or is a corporation doing business under an assumed name,
the applicant shall provide certified copies of all documents establishing
its authority to do business in the Town of Albion, in accordance with § 130
of the General Business Law of the State of New York or such other laws which
regulate the specific nature of its business entity.
(2) The boundaries of the proposed premises upon which filling
and grading is to occur, as set forth on a map of survey by a licensed surveyor,
duly certified to the Town of Albion. The map of survey shall be annexed to
the application.
(3) A description of the source of soil to be utilized in
the filling and grading, including but not limited to anticipated amount location
of the source and, if the source is not the applicant, a verified statement
by the owner of the source as relates to availability of the soil for filling
and grading.
(4) The anticipated commencement and completion dates.
(5) The names of all authorized contractors, entities or
businesses which will participate in the filling and grading, document preparation
or supervision of the project.
Any person, his agents, servants, employees or officers who shall have
been found to have violated any section of this chapter or who are convicted
of a violation hereof may thereafter be denied the ability to secure further
licenses or renewals or restorations thereof and/or be prohibited from the
use of any other licensed operation, either temporarily or permanently.
Nothing contained in this chapter shall be deemed to diminish the obligation
of any licensee to comply with other laws, rules and/or regulations heretofore
and hereafter promulgated by the State of New York, DEC, Department of Transportation
or other municipality of competent jurisdiction.
Any local law or ordinance of the Town of Albion regulating the operation of landfills or dump previously embodied in Chapter
49, or in any other chapter which shall conflict with the provisions herein, is repealed on the effective date of this chapter.
If any section, paragraph, subdivision or provision of this chapter
shall be adjudged invalid or held unconstitutional, the same shall not affect
the validity of this chapter as a whole or any part or provisions thereof
other than the part so decided to be invalid or unconstitutional.
This chapter shall become effective upon filing in the office of the Secretary of State, except as to §
49-12, which shall take place 60 days after the date of filing with the Secretary of State.