[Added 7-1-1985]
The Common Council of the City of Albany does
hereby deem it in the best interest of its citizens to prescribe further
regulations for the use and control of its sanitary solid waste landfill
facility.
When used in this article, unless otherwise
expressly stated or unless the context or subject matter requires
otherwise, the following terms shall have the meanings indicated:
The Commissioner of the Department of General Services.
[Amended 5-4-1998 by Ord. No. 28.42.98; 12-20-2004 by Ord. No. 38.121.04]
Such debris which shall include but is not necessarily limited
to trees or any other part thereof, vegetation, surplus from products,
shipping cartons or crates, furniture, appliances, scrap iron or other
metals, tires, bricks, concrete, cinder and cement blocks, pipes,
wire or wiring, roofing materials, glass, spoil, plaster, plaster
board, plastic boards of all shapes and sizes and all other material
common to the building construction industry.
All putrescible animal and vegetable waste resulting from
growing, processing, marketing and preparation of food items, including
container in which packaged.
Any substance so defined and in quantities so proscribed
by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6901
et seq.), the Toxic Substances Control Act (15 U.S.C. § 2601
et seq.) or Article 27 of the Environmental Conservation Law or any
rule or regulation promulgated under any of those laws. For the purposes
of this article, "hazardous waste" shall also include any nuclear
or radioactive waste as defined by either federal or state law, rule
or regulation.
Any site, location, tract of land, area, building or premises
authorized by the City of Albany to be used for the disposal of refuse
or demolition debris.
Any garbage, refuse, sludge, or other discarded materials,
including solid, liquid, semisolid, or contained gaseous material,
that results from the exploration, drilling or extraction of natural
gas.
[Added 10-17-2011 by Ord. No. 42.62.11]
Any car, pickup truck, van or other vehicle temporarily used
to transport refuse or demolition debris not as a business or service,
which has a maximum load capacity of 2,000 pounds or less as determined
pursuant to the provisions of § 401 of the Vehicle and Traffic
Law and regulations promulgated thereunder.
A permit granted by the Commissioner of General Services
to a person, allowing that person to deposit refuse or demolition
debris in a City landfill.
[Amended 5-4-1998 by Ord. No. 28.42.98; 12-20-2004 by Ord. No. 38.121.04]
An individual, trust, firm, joint-stock company, corporation
(including a government corporation), partnership, association, state,
federal government or agency thereof, municipality, commission, political
subdivision of a state or any interstate body engaged in the business
of hauling or collecting waste materials.
Garbage or rubbish or any combination thereof.
Discarded combustible and noncombustible materials, including
residue from the burning of wood, coal, coke and other combustible
material, newspapers, papers, rags, cartons, boxes, wood, excelsior,
rubber, leather, yard trimmings, tin or other cans, metals, mineral
matter, glass, crockery and dust or any useless waste or other rejected
matter similar in nature.
Any truck, trailer, conveyance, equipment or vehicle used
to collect or transport refuse or demolition debris as a business
or service.
[Amended 7-17-2023 by Ord. No. 23.61.23]
This article shall apply to the Rapp Road Landfill
on Rapp Road, in Albany, New York (refuse), as well as any future
landfill or disposal site operated by the City of Albany.
A.
Permits.
[Amended 7-17-2023 by Ord. No. 23.61.23]
(1)
Unless otherwise provided, it shall be unlawful for any person to
dispose of any refuse or demolition debris at the City landfill facility
unless that person has a valid permit for each truck so used.
(2)
The Commissioner or their designee is authorized to grant a permit
to qualified applicants. All applications for permits shall be made
on forms to be provided by the Commissioner.
(3)
No truck will be permitted to enter a landfill without a valid City
of Albany sticker adhered to the front left window of the truck.
(4)
The permit shall be issued on the basis of the calendar year and
shall expire on the 31st day of December of the year of issuance and
must be renewed on or before the first day of January in each year.
(5)
Permits shall be issued with an individual identification number,
which shall be permanently assigned to each truck, and shall not be
transferable or assignable without permission of the Commissioner.
Permits shall be kept available within the vehicle for inspection
upon demand.
(6)
Passenger automobiles shall not be allowed in landfills subject to
this article.
B.
Hazardous waste material or natural gas exploration
and production wastes are under no circumstance to be deposited in
any City landfill facility.
[Amended 10-17-2011 by Ord. No. 42.62.11]
[Amended 5-19-2008 by Ord. No. 25.42.08; 7-17-2023 by Ord. No. 23.61.23]
A.
A nonrefundable application fee of $200, as well as an additional
fee of $100 per vehicle, shall be required to obtain a permit. The
fee shall be paid at the time of application for the permit.
B.
All charges credited to a person's landfill account are payable 30
days after the date of billing, after which said accounts will be
considered overdue.
C.
All overdue accounts are subject to a monthly interest rate of 1.5%.
D.
Permits of persons with outstanding balances over 60 days shall be
revoked.
A.
Every person holding a permit shall report to the
Commissioner any change of residence or place of business within five
days of such change.
B.
Each permit holder, by submitting an application,
agrees to comply with the terms of this article and the rules and
regulations adopted pursuant to this article.
C.
A permit is not assignable or transferable.
Any person violating this article or any regulations promulgated thereunder shall have his permit revoked for a period not to exceed one year and shall further be subject to penalties as set forth in Chapter 258 of the Code of the City of Albany.
[Amended 10-17-2011 by Ord. No. 42.62.11]
A.
Upon reasonable
cause to believe that any person has disposed or has attempted to
dispose of hazardous waste or natural gas exploration and production
wastes at a landfill, the Commissioner shall forthwith notify the
enforcement sections of the Department of Environmental Conservation
and the Environmental Protection Agency and the Chief of the Albany
Police Department. The Commissioner shall take all necessary steps
to initiate an investigation of the matter.
B.
Upon a
determination made by the Commissioner, after notice to the person
with an opportunity to be heard consistent with constitutional due-process
requirements, that a person has disposed or has attempted to dispose
of hazardous waste or natural gas exploration and production wastes
at a landfill, the Commissioner shall revoke all permits held in the
name of that person, and that person shall not be eligible for another
permit for a period to be determined by the Commissioner, which shall
be a minimum of at least one year and a maximum of five years; nor
shall any other person be eligible for a permit where the Commissioner
has reasonable grounds to believe that issuing a permit to such person
will have the effect of defeating the purposes of this article.
The Commissioner is authorized to promulgate
rules and regulations as may be necessary to effectuate and supplement
the provisions of this article.
If any part of this article is declared unconstitutional
or otherwise ineffective by a court of competent jurisdiction, such
determination shall not invalidate the remaining provisions thereof,
and, to that extent, the existing provisions shall remain in full
force and effect.
[1]
Editor's Note: Former § 313-36,
Effective date, was repealed 12-20-2004 by Ord. No. 38.121.04.
