[HISTORY: Adopted by the Common Council of
the City of Oswego as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Junkyards — See Ch. 153.
[Adopted 5-12-1980 as Ch. 117 of
the 1980 Code]
A.
It is hereby declared to be the public policy of the
City of Oswego to preserve, protect and improve its environment and
its air, land and water resources in order to promote the health,
safety, welfare and comfort of the inhabitants of the city.
B.
It shall further be the policy of the city to control
and minimize air and water pollution and promote the health, safety
and welfare of the inhabitants of the city by:
C.
The improper disposal of industrial and chemical wastes
and other hazardous substances is resulting in an adverse impact on
the health, safety and welfare of the people of the City of Oswego.
The need for safe and environmentally sound waste management is especially
acute with regard to the incineration or disposal, by burning or by
other means, of such wastes.
The following words and phrases, when used in
this Article, shall have the meanings ascribed to them in this section:
Any equipment, method or process used with a waste disposal
facility to remove, reduce or render less noxious air contaminants
and particulate matter discharged by the facility.
A dust, fume, gas, mist, odor, smoke, vapor, noise or any
combination thereof.
Any waste disposal facility that has been changed, modified,
remodeled or has undergone repairs beyond ordinary and reasonable
maintenance after the effective date of this Article.
Any sudden, unexpected or unforeseen condition which poses
an immediate threat to the public health, safety or welfare as to
require immediate action or a condition which is reasonably believed
to require immediate action to enforce the provisions and regulations
of this Article.
Any waste disposal facility erected prior to the effective
date of this Article.
Any waste or combination of wastes which poses a present
or potential hazard to the health and welfare of humans, living organisms
or the environment. It includes, but is not limited to, those materials
listed in the current 49 CFR 172.
A controlled combustion or other conversion process to convert
waste to a less bulky, less toxic or less noxious form in a facility
designed for such use.
Any waste disposal facility erected after the effective date
of this Article.
Any private individual, partnership, copartnership, firm,
company, corporation, association or joint-stock company or other
entity and any representative thereof.
The presence in the environment of one (1) or more conditions
or air contaminants formed as a result of a waste disposal process,
which are in quantities which are or may be injurious to the public
health, safety and welfare and interfere with the comfortable enjoyment
of life and property.
Any substance or material which causes or has a tendency
to cause harm or adversely affects the health, upon contact with or
accumulation in or upon the body, of a person or living organism.
Industrial or chemical materials and their by-products intended
to be destroyed or otherwise disposed of.
Any privately owned building, premises, equipment or other
property used for the storage, containment, processing and disposal
of wastes. Without limiting the generality of the foregoing, this
term shall include privately owned and operated incinerators and similar
disposal facilities.
A.
Permit required. No person shall establish or operate
any facility for any method of waste and hazardous waste processing
and disposal without having first obtained a permit from the Common
Council in accordance with the provisions of this section.
B.
Violations.
(1)
A person shall be in violation of this Article if
he disposes of any waste or hazardous waste at any place other than
a disposal facility for which a permit has been issued by the Common
Council.
(2)
A person shall be in violation of this Article if
he allows property or land under his control to be used for the disposal
of any waste, hazardous waste or containers for such wastes unless
permission for such use has been granted by the Common Council.
(3)
A person shall be in violation of this Article if
he permits or causes the release of toxic pollutants or toxic substances
of any kind at any waste disposal facility or upon property or land
under his control or occupation.
(4)
It shall be a violation of this Article to store or
dispose of any radioactive waste materials within the City of Oswego.
(5)
It shall be a violation of this Article to store or
dispose of any waste or hazardous waste in any landfill, secured or
otherwise.
C.
Compliance with all regulations required. As of December
31, 1980, no person shall construct, operate or cause to be used any
waste disposal facility unless it is capable of being operated in
full compliance with the provisions of this Article, in addition to
the applicable federal and state regulations. The application for
a permit and the permit itself shall both clearly state this condition.
A.
Permits to establish or operate any waste disposal
facility shall be issued by the Common Council in accordance with
the provisions of this section.
B.
Permit applications shall be issued by the office
of the City Engineer.
C.
Contents of application. Application for a permit
to establish or operate any waste disposal facility shall be made
to the Common Council.
D.
Where an environmental quality review is or shall
be required by any federal, state or local law, the applicant shall
furnish all the necessary information and bear the expense of preparation
of any environmental impact statement.
E.
The City Engineer shall review and consider all permit
applications submitted to the Common Council for the operation of
waste disposal facilities and, after consideration, recommend, with
documentation, to the Common Council that a permit be granted or denied.
F.
Granting or denial of permit.
(1)
After receiving the opinion of the City Engineer,
the Common Council shall have ninety (90) days to either grant or
deny a permit.
(2)
The application shall be publicly noticed and presented
at a public hearing before the Council may render its decision.
(3)
If an applicant is not granted a permit, he shall
be notified, in writing, of the reasons for the denial.
G.
Evaluation of criteria.
(1)
In determining whether or not to grant its approval,
the City Engineer and the Common Council shall evaluate the proposed
facility's design and environmental impact in light of the following
criteria:
(a)
The material handling system and whether the
building and equipment are designed for safe and organized receipt
and handling of the waste material.
(b)
In the case of an incinerator, the incinerator
components should be designed to assure that proper combustion occurs.
(c)
Air-pollution control equipment is required
for adequate treatment of the exhaust gases before they are emitted
to the atmosphere.
(d)
Water-pollution control equipment is required
to adequately treat the scrubber water before it is discharged.
(e)
Due consideration shall be given to the geological
and hydrological character of the proposed site.
(2)
The Common Council shall issue a permit if, after
such review and consideration of the City Engineer's report, it determines
that such a facility will be in compliance with the standards and
requirements of this Article.
H.
The issuance of any permit shall be contingent upon
the applicant furnishing to the city a bond or other security in the
amount of five hundred thousand dollars ($500,000.), naming the City
of Oswego as obligee. The condition of the bond or security shall
be that, if the principal fails to comply with any of the provisions
of this Article or for any reason ceases to operate or abandons the
disposal facility, the obligor and the sureties on the bond or security
shall reimburse the city, to the extent of the bond or security, for
any and all expenses incurred in restoring or dismantling the facility.
I.
Unless otherwise provided by the Common Council, any
permit issued shall be valid for one (1) year, with provision for
renewal. The application for renewal shall contain a statement of
any changes in the information submitted in the last approved permit
application and shall be made, in writing, to the Common Council at
least thirty (30) days in advance of the expiration of the permit.
If the permit is not renewed, the applicant shall be notified, in
writing, of the reasons therefor.
J.
Permit applicants with outstanding violations or unpaid monies.
(1)
No
such permit shall be granted to or renewed for an applicant who is
in violation of any City of Oswego code, ordinance or local law (hereinafter
"violations") or who owes property taxes, water or sewer fees, special
assessments, fines for violations of City ordinances or any other
fees or past due monies of any name or nature owed to the City of
Oswego (hereinafter "unpaid monies").
[Added 2-9-2015 by L.L.
No. 2-2015; amended 8-14-2015 by L.L. No. 6-2015]
(a)
The applicant shall have the burden of providing proof in a
form acceptable to the department that there are no such violations
or unpaid monies.
(b)
In the event that the applicant has accrued violations or unpaid
monies, such permit or renewal thereof shall be denied regardless
of whether such violations or unpaid monies relate to a parcel of
real property for which the application is made or another parcel
owned by applicant or are personal to the applicant.
(c)
In the event that the applicant has accrued violations or unpaid
monies, such permit or renewal thereof shall be denied regardless
of whether such violations or unpaid monies occurred or accrued before
the effective date of this local law.
(d)
Such permit, once granted, shall be revoked in the event that
the applicant accrues violations or unpaid monies, or violations or
unpaid monies are discovered, after the permit is granted. The revocation
shall take effect five business days after receipt by the permit holder
of notice from the City of Oswego of the pending revocation. Upon
such revocation, all permitted activities and privileges shall immediately
cease.
(e)
No application fees shall be refunded upon revocation of the
permit.
(f)
The applicant must reapply for the issuance of such revoked
permit by submitting a new application and paying all necessary application
fees, and any such permitted activities or privileges may only be
resumed once a new permit has been granted.
(g)
All requirements set forth herein shall also apply to nonperson
entities and such permit or renewal thereof shall be denied to an
entity, or revoked, if a person with a substantial interest in such
entity owes such unpaid monies or has accrued such violations. A "person
with a substantial interest" shall mean an ownership interest of more
than 10% of, membership on the governing board of, holding an office
in or holding the ability to cast or control more than 10% of the
votes in such entity.
(2)
Notwithstanding the provisions contained in this section to the contrary,
when in the opinion of the Director of Code Enforcement the issuance
of a permit is necessary to prevent harm to life, safety, or the general
welfare of the public, the Director of Code Enforcement shall be authorized
to issue said permit for the sole and exclusive purpose of bringing
such violations into compliance with the Code of the City of Oswego.
Nothing contained herein shall relieve the property owner from complying
with all other applicable sections of the Code including, without
limitation, the provisions contained in this section.
[Added 4-10-2017 by L.L.
No. 2-2017]
A.
No person shall construct or operate any disposal
facility which will emit more than five (5) grains per one hundred
(100) SCF of particulate matter and which cannot comply with the ambient
air quality standards for New York, as set forth in the New York Codes,
Rules and Regulations.
B.
It shall be a violation of this Article to operate any waste disposal facility in such a manner as to allow the emission into the atmosphere of any air contaminants and particulate matter in excess of that allowed by Subsection A or in such quantity as may be detrimental to any person or the public or endangers the health, safety and welfare of the members of the community or which causes or has a tendency to cause damage to property or business.
C.
No person shall use or cause to be used any disposal
facility, unless all components and pollution control devices are
connected and are functioning properly.
D.
The operation of any waste disposal facility equipped
with any type of air-cleaning device or other pollution control equipment
shall be conditioned upon demonstration and approval of a system for
treatment of pollutants and contaminants withdrawn by that equipment.
E.
No person shall cause, permit or allow any waste or
hazardous substance to be handled, transported, stored, incinerated
or disposed of in any manner which allows or causes such waste material
to leach, leak, run off or enter the land or surrounding waters or
waterways, or both.
F.
All tank and barrel storage areas shall be enclosed
by impermeable lined enclosures to ensure the prevention and control
of any spills or leakage.
G.
All waste materials shall be handled and stored in
such a manner as not to pose a threat to the health, safety and welfare
of humans or other living organisms.
(1)
No person shall cause or allow the storage of any
liquid industrial, chemical or hazardous waste in open pools, lagoons
or other means of open containment.
(2)
All such wastes shall be stored in tanks or upright
metal barrels.
(a)
Barrels and tanks shall be stored and maintained
so that they do not tip, spill or leak. In no event shall barrels
be stored on top of one another.
(b)
The number of barrels containing waste material
that may be stored on the premises of the incinerator shall be limited
to the amount of waste that can be disposed of properly within thirty
(30) days.
(c)
Empty barrels shall not be allowed to accumulate
and shall be removed from the premises within thirty (30) days after
receipt.
(d)
All barrels and tanks must be located so as
to allow complete visual inspection for leakage and structural integrity.
(e)
Records shall be kept of the receipt and disposal
of each barrel. These shall include the date of receipt and disposition,
the name and address of the generator of the waste and a complete
description of the contents of said barrel or container.
H.
No person shall operate any liquid waste incinerator
or disposal facility without maintaining a detailed inventory control
plan.
(1)
The owner or operator of the facility shall record
the type and quantity of all waste materials received and disposed
of.
(2)
All waste material must be subjected to complete chemical
and physical quantitative and qualitative analysis before it is disposed
of, and a record of such analyses shall be kept available for inspection
by the City Engineer or his representative.
(3)
The owner or operator shall record and comply with
all disposal instructions recommended by the manufacturer or generator
of a particular waste material.
I.
No person shall construct or operate any waste disposal
facility without implementation of an inspection and maintenance program.
(1)
With regard to waste incinerator or similar disposal
facility, such a program shall include the following:
(a)
For barrel dumping and tank unloading area,
daily inspection for spills, leaky pump seals or valves and monthly
testing of pump high-level control devices.
(b)
For storage containers, weekly inspection of
storage containers for structural defects, leaks or spills and monthly
inspection and testing of high-level control and alarms.
(c)
For pump rooms, daily visual inspection for
leaky pump seals and valves.
(d)
For spill containment structures, weekly inspection
of all containment structures.
(e)
For plant operating areas, visual inspection
on each shift of operation, and each inspection must be noted in the
plant operation log.
(2)
All employees of the disposal facility are to be instructed
in the proper inspection procedure and cleanup techniques on no less
than an annual basis, and records of such instruction shall be made
available to the City Engineer or his representative when the facility
is operating and at any other reasonable time.
A.
Inspections.
(1)
The city shall have the right to inspect private property
to determine if a waste disposal facility is operating in compliance
with the provisions of this Article.
(2)
The owner of any waste disposal facility may be, required
to conduct emission tests and submit written reports of measured emissions
during start-up and at regular intervals thereafter. The cost of such
testing shall be borne by the home owner of the disposal facility.
(3)
Inspection by City Engineer.
(a)
For the purpose of determining compliance with
the provisions of this Article, the owner, operator or authorized
representative of any waste disposal facility shall, upon request,
grant free access for inspection by the City Engineer or his authorized
representative.
(b)
Before undertaking such an inspection, the Engineer
or his authorized representative shall present to the owner, operator
or agent in charge of the facility appropriate credentials and a written
statement as to the reason for the inspection.
(c)
Inspections shall be permitted whenever the
facility is in operation and at such other times as may be reasonable
and necessary in the opinion of the City Engineer or his representative.
(d)
The City Engineer or his representative shall
be permitted to:
B.
Emergency procedure.
(1)
When a malfunction or emergency situation at any disposal
facility occurs which creates emissions which exceed any of the provisions
of this Article or any of the applicable state and federal regulations,
the owner and/or operator of the facility shall immediately notify,
by telephone, the following:
(2)
Written notice to the above shall follow within twenty-four
(24) hours of the occurrence of the malfunction or emergency.
(3)
If, after having received such notice, the City Engineer
finds that continued operation of the disposal facility is contributing
to pollution of the air or water, or both, of the city and that such
pollution poses a danger to the public health, welfare and safety,
he shall order the facility to cease operation.
(4)
Such an order must be complied with immediately, and,
upon issuance of such an order, the Common Council, if requested by
the party affected by the order, shall schedule a hearing on the matter
within five (5) days.
A.
Any person who knowingly violates the provision of
this Article shall be subject to a fine of one hundred dollars ($100.)
or to imprisonment for a period not to exceed three (3) months, or
both. Each day of violation shall constitute a separate offense.
B.
All persons participating or found to have participated in any violation shall be severely liable to the penalties outlined in Subsection A.
C.
Action pursuant to Subsection A shall not be a bar to enforcement of this Article by injunction or other appropriate remedy. The City Attorney shall have the power to institute and maintain any and all enforcement proceedings.
D.
Nothing in this Article shall be construed to abridge
or limit the right of any person to damages or other relief or account
of injury to person or property and to maintain any appropriate action
or proceeding therefor.
E.
Any permit granted under the provisions of this Article
may be suspended for not longer than sixty (60) days for violation
of any provision of this Article or whenever, in the written and documented
opinion of the Common Council, the New York Department of Public Health
or the New York Department of Environmental Conservation, the continued
operation of any waste disposal facility would endanger the health,
welfare or safety of the public. The notice of suspension may be served
upon the owner personally or by leaving a copy at the facility with
the person in charge.
F.
Any permit may be revoked at any time for violation
of any provision of this Article. Revocation may occur only after
the Common Council has held a public hearing at which the owner and
other persons interested in the facility shall have had the right
to be heard.
G.
In the case of a suspension, upon written notification
from the owner that all violations for which the suspension was invoked
have been corrected, the City Engineer or his authorized representatives
shall inspect the disposal facility within five (5) working days after
receipt of the notice. If it is determined from this inspection that
the violations have been corrected, the Common Council shall immediately
terminate the suspension by written notice to the owner.
It is hereby declared to be the intention of
the governing body that the several provisions of this Article are
separable in accordance with the following:
A.
If any court of competent jurisdiction shall adjudge
any provision of this Article to be invalid, such judgment shall not
affect any other provisions of this Article not specifically included
in the judgment.
B.
If any court of competent jurisdiction shall adjudge
invalid the application of any provision of this Article to a particular
structure, site, facility or operation, such judgment shall not affect
the application of the provisions in question to any other structure,
site, facility or operation not specifically included in the judgment.
A.
This Article shall not be construed to relieve any
person from any present or future requirement arising from any state
or federal law.
B.
Where the conditions imposed by any provision of this
Article are more restrictive than comparable conditions imposed by
any other applicable law, ordinance, rule or regulation, the provision
which establishes the higher standards for the promotion and protection
of the public health, safety and general welfare shall prevail.
For purposes of protecting and providing for
the public health, safety and welfare, the governing body may impose
additional requirements for the operation of waste disposal facilities,
consistent with the intent of this Article.
[Adopted 7-12-1993 by (Ch. 96 of
the 1980 Code); amended in its entirety 12-14-2021 by L.L. No.
5-2021]
This article shall be known as the "City of Oswego Solid Waste
Collection Ordinance."
It shall be the duty of the local Police Department to enforce
the provisions of this article.
For the purpose of this article, the terms used herein are defined
as follows:
The residue resulting from the burning of wood, coal, coke
or other combustible materials.
Scrap lumber, concrete, pipe, bricks, plaster and similar
materials resulting from building construction, maintenance and alteration.
Large oversize wastes that require special handling for collection
and shall include, but not be limited to, furniture, appliances, crates,
etc.
Any individual, association, partnership, firm or corporation
having an established business within the City of Oswego.
Any individual, association, partnership, firm or corporation
in the business of collecting garbage and refuse within the City of
Oswego.
Any individual, association, partnership, firm or corporation
in any business dealing with construction or the collection of junk;
and any individual, association, partnership, firm or corporation
which owns a truck which is not licensed for refuse collection.
All animal and vegetable wastes resulting from the handling,
processing, preparation, cooking or consumption of food.
Any individual, association, partnership, firm or corporation
who owns, controls or operates motor vehicles with the intention to
haul waste for a fee and operates a vehicle with a gross weight in
excess of 18,000 pounds.
Any individual, association, partnership, firm or corporation
who owns, controls or operates motor vehicles with the intention to
haul waste for a fee and operates a vehicle with a gross weight under
18,000 pounds.
The owner, agent, lessee, tenant, occupant or other person
who manages or controls a building, house or lot who or which causes,
creates or contributes to the origination of refuse or who is responsible
for its storage, removal or disposal.
Any individual, association, partnership, firm or corporation.
Any and all materials deemed recyclable under Oswego County's
Mandatory Recycling Program.
All solid wastes, including, but not limited to, garbage,
ashes, rubbish, bulky wastes and building debris.
Any individual who resides within the City of Oswego.
Glass, metal, paper, plant and tree growth, wood or nonputrescible
solid wastes.
Grass (lawn) clippings, other plants, leaves and brush and
other tree waste, but does not include stumps.
Waste collection shall comply in every detail with the standards
set forth in this article and with all applicable county, state and
national laws. No person shall engage in any form of waste collection
operation without obtaining a license from the City Clerk.
It shall be unlawful for any person to dump, place, deposit
or permit to be deposited upon any public or private property, or
upon any street, sidewalk or other public place in the City of Oswego,
any garbage, ashes, rubbish, yard wastes, building debris or other
objectionable wastes, except as hereinafter provided.
A.
No person shall make or assist in the making of any fire for the
burning of any waste product refuse of any kind, including, but not
limited to, garbage, paper, paper products, cartons, tree trimmings,
leaves, brush and lawn or garden debris of any kind, at any time in
any public street or public place within the City of Oswego.
B.
No person shall conduct on-site open burning of rubbish generated
by residential activities, including, but not limited to, garbage,
rubbish, paper, paper products, cartons, tree trimmings, leaves, brush
and lawn or garden debris of any kind at any time or any place, including
his own property, within the limits of the City of Oswego.
C.
The Common Council of the City of Oswego may petition the New York
State Air Pollution Control Board to designate an area wherein on-site
open burning of certain types would be permitted and allowed.
A.
No resident shall collect any solid wastes within the City or transport
any solid wastes over the streets of the City except those solid wastes
originating from the resident's own property.
B.
All residents who utilize the county landfill for the disposition
of their own solid wastes must obtain an annual sticker or punch card
issued in accordance with the rules promulgated by the Oswego County
Department of Public Works, Solid Waste Division.
A.
Licenses required. No collector shall collect any solid wastes within
the City or transport any solid wastes over the streets of the City
without having first obtaining a license from the City Clerk. Solid
wastes originating from the collector's own property shall be
excluded from the licensing requirements.
B.
Collector's application for a license. All applications for
a collector's license shall be in writing and shall contain such
information as the City Clerk shall require and shall be verified
by the applicant. Applications for a license shall be obtained at
the office of the City Clerk on forms provided by said office. The
applicant shall file with his application a certificate or affidavit
of insurance as hereinafter set forth and shall pay the required license
fee.
D.
Insurance.
(1)
The certificate or affidavit to be filed with the application shall
be executed by the representatives of a duly qualified insurance company
evidencing that said insurance company has issued liability and property
damage insurance policies covering the following:
(a)
All operations of the applicant, or any other person, firm or
corporation employed by him in solid waste collection within the corporate
limits of the City of Oswego.
(b)
The disposal of such garbage and refuse to and within the designated
and approved treatment and/or disposal facility.
(c)
Protecting the public and any person from injuries or damages
sustained by reason of carrying on the work of garbage and refuse
collection and disposal.
(2)
The certificate or affidavit shall specifically evidence the following
amounts of insurance coverage which shall remain in effect for the
term of the license, name the City of Oswego as additional insured
and shall provide that written notice be given to the City Clerk 30
days prior to any change in the conditions of the certificate or expiration
or cancellation thereof:
E.
Issuance of license. Upon receipt of approval from the City Clerk,
the filing of the proper certificates and affidavits of insurance
and the payment of the license fee, the City Clerk shall thereupon
issue the applicant a license. All licenses shall expire on December
31 following the date of issue.
F.
Renewal of license. Renewal licenses shall be issued in the same
manner and subject to the same conditions as original licenses and
also shall be subject to any additional requirements in effect at
the time of application for renewal.
G.
Issuance of duplicate licenses. Whenever proof by means of a sworn
affidavit shall be submitted to the City Clerk that a license issued
for the purpose set forth in this article has been lost or destroyed,
the City Clerk may, upon payment of $5 by the applicant, issue a new
license in lieu of the one that has been lost or destroyed.
H.
License not transferable. No license issued under this article's
provisions shall be transferable.
I.
Revocation of license. Upon receipt of three or more complaints against
a licensee, the Police Chief, after a hearing, shall have the power
to suspend or revoke a license granted or renewed pursuant to this
article for violation of any part of this article or any applicable
rules, regulations, codes or ordinances relating to the collection,
handling, hauling or disposal of solid wastes.
J.
Condition of vehicles. All vehicles used in the transportation of
solid wastes within the City shall be kept in a sanitary condition
and shall be so constructed so as to prevent leakage in transit. The
body of the truck shall be wholly enclosed or shall at all times be
kept covered with an adequate cover. Loading of vehicles shall be
done in such a manner as to prevent spilling or loss of contents.
K.
Frequency of collections. Collection of solid wastes from private
residences shall be made not less than once a week. All acceptable
wastes in approved containers placed out for collection shall be collected
at each pickup. Collections of garbage from stores, hotels, restaurants,
clubs, boardinghouses or other commercial establishments must be made
on a regular schedule.
L.
(Reserved)
M.
Pickup service. Each waste collection licensee hereunder shall provide
an adequate and prompt response to all complaints from patrons on
missed service and improper handling and shall promptly furnish the
missed service and correct the improper handling. Such service shall
be promptly available to service complaints from any City official
for material improperly deposited within the limits of the streets
or highways during transit.
No contractor shall collect any solid wastes within the City or transport any solid wastes over the streets of the City without first having obtained a license from the City Clerk and having paid the approved license fee as set forth herein (§ 207-20C).
A.
Any collector who violates any provision of this article or fails
to comply with the orders of the local Police Department shall be
liable for a fine not exceeding $500 for a single violation or a failure.
Each day during which a violation continues shall be deemed to be
a separate and distinct violation.
B.
Any other person who violates any provision of this article or fails
to comply with the orders of the local Police Department shall be
liable to a fine not exceeding $100 for a single violation or failure.
Each day during which a violation continues shall be deemed to be
a separate and distinct violation.
