[HISTORY: Adopted by the Town Board of the Town of Cheektowaga as
Ch. 41 of the 1985 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 206.
This chapter shall be known and may be cited as the "Sanitary Landfill
Ordinance of the Town of Cheektowaga, New York."
This chapter is adopted in order to promote the health, safety and general
welfare of the residents of the Town of Cheektowaga by regulating the establishment
and operation of refuse disposal areas known as "sanitary landfills."
This chapter establishes minimum standards for the design and operation
of a sanitary landfill for the disposal of solid wastes, authorizes the issuance
of a license for the operation of a sanitary landfill, authorizes the inspection
of sanitary landfill operations, limits the materials that may be deposited
in a sanitary landfill and fixes penalties for violations.
For the purpose of this chapter, certain terms or words used herein
shall be interpreted or defined as follows:
Cemented or consolidated earth materials exposed on earth surface
or underlying unconsolidated earth materials.
Soil or other suitable material that is used to cover compacted solid
waste in a land disposal site.
A compacted layer of at least six inches of cover material that is
placed on all exposed solid waste in a landfill at the end of each day of
operation.
A compacted layer of at least 24 inches of cover material, the uppermost
six inches of which is soil of a composition suitable to sustain plant growth
and that is placed on all surfaces of a landfill where no additional refuse
will be deposited within one year.
Putrescible solid waste, including animal and vegetable waste resulting
from the handling, storage, sale, preparation, cooking or serving of foods.
Garbage originates primarily in home kitchens, stores, markets, restaurants
and other places where food is stored, prepared or served.
Respectively, the seasonally high surface of the zone of full saturation
of the soil, at which the groundwater is subjected to atmospheric pressure,
and the water in the ground for which a groundwater table exists.
Solid waste, or a combination of solid wastes, which, because of
its quantity, concentration or physical, chemical or biological characteristics,
may cause or significantly contribute to an increase in mortality or an increase
in serious irreversible or incapacitating reversible illness or may cause
or significantly contribute to a substantial present or potential hazard to
human health or the environment when improperly treated, stored, transported,
disposed of or otherwise managed. Such wastes shall include but not be limited
to wastes which are bioconcentrative, highly flammable, explosive, highly
reactive, toxic, poisonous, radioactive, irritating, sensitizing or infectious
and shall include wastes that are solid, semisolid, liquid or contained gases.
Wastes in liquid, semisolid or solid form that result from industrial
or commercial processes, including but not limited to factories, processing
plants and repair and cleaning establishments, which wastes include but are
not limited to sludges, oils, solvents, spent chemicals and acids.
A compacted layer of at least 12 inches of cover material that is
placed on all surfaces of a landfill where no additional refuse will be deposited
within 30 days.
Liquid which has percolated through solid waste.
A permit issued by the Town Board to operate a sanitary landfill
in the Town of Cheektowaga valid from January 1 through December 31.
The vertical thickness of a compacted volume of solid waste and the
cover material immediately above it.
The person who is responsible for the operation of a solid waste
management facility.
Any individual, public or private corporation, political subdivision,
government agency, department or bureau of the state, municipality, industry,
copartnership, association, firm, trust, estate or other legal entity.
All putrescible and nonputrescible solid wastes, including garbage,
rubbish, ashes, incinerator residue, street cleanings, dead animals, demolition
and construction debris, automobile bodies, offal and solid commercial and
industrial wastes.
The portion of precipitation that drains from an area as surface
flow.
A land disposal site employing an engineered method of disposing
of solid wastes on land in a manner that minimizes environmental hazards by
spreading the solid wastes in thin layers, compacting the solid wastes to
the smallest practical volume and applying and compacting cover material at
the end of each operating day.
All putrescible and nonputrescible materials or substances discarded
or rejected as being spent, useless or worthless or as excess to the owner(s)
at the time of such discard or rejection, including but not limited to garbage,
refuse, industrial and commercial waste, sludges from air or water control
facilities, rubbish, ashes, contained gaseous material, incinerator residue,
demolition and construction debris, discarded automobiles and offal, but not
including sewage and other highly diluted water-carried materials or substances
and those in gaseous form.
Lakes, bays, sounds, ponds, impounding reservoirs, springs, rivers,
streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within
the territorial limits of the state and all other bodies of surface water,
natural or artificial, inland or coastal, fresh or salt, public or private.
That portion of a sanitary landfill where waste is discharged and
compacted prior to placement of cover material.
It shall be unlawful for any person to develop or operate a sanitary
landfill within the limits of the Town of Cheektowaga without holding a valid
license to operate a sanitary landfill issued by the Town Board.
A.
License applications shall be submitted to the Town Clerk.
After review and recommendations from the Planning Board and the Engineering
Department, the Town Board shall approve, disapprove or approve conditionally
the applications. Upon approval by the Town Board, a one-year license to operate
a sanitary landfill shall be issued by the Town Clerk.
B.
Annual license renewals shall be approved by the Town
Board. A written request for license renewal shall be submitted to the Town
Clerk 60 days prior to the expiration date of the license to be renewed. The
applicant shall state in writing whether there is any change in the information
contained in the original license application. When changes in license provisions
are sought, the applicant shall submit the revised application, and the same
procedures shall be followed as prescribed for an original license application.
In granting license renewals, the Town Board shall review the applicant's
demonstration of compliance with permit regulations for the previous operating
year. License renewals shall be for a maximum of nine years.
C.
The fee to be submitted with the application for a sanitary
landfill license shall be $250.
D.
The fee for renewal of the license shall be $250 annually.
A.
Application for a sanitary landfill shall include the
following information, which shall become a part of any approved license:
(1)
Location map, at a scale of one inch equals 1/2 mile,
contoured at ten-foot intervals.
(2)
Topographical maps of proposed fill and adjacent areas,
certified by a person or firm registered to practice land surveying in the
State of New York, at a scale of one inch equals 200 feet at two-foot contour
intervals, which shall include the following:
(a)
Proposed fill area and depth.
(b)
Borrow pit areas.
(c)
Typical cross sections of lift, and dimensions and elevations
of the base lifts.
(d)
Special drainage and leachate sealing procedures to protect
ground- and surface water.
(e)
Grades required for the proper drainage of each lift,
and final grade.
(f)
Location and elevation of public and private water supplies,
wells, springs, streams, swamps or other bodies of water within one mile of
the proposed landfill property lines.
(g)
Location of all homes, industrial buildings, roads and
other applicable details within 3/4 mile of the disposal site.
(h)
Wind patterns and velocities, by rose.
(i)
Location of underground and surface mines within 1/4
mile of the proposed landfill site property lines, showing the extent of deep
mine workings, the elevation of the mine pool and the location of mine pool
discharges.
(j)
Location and elevation of the water table, including
seasonal variations thereof, and drainageways.
(k)
Location of gas and oil wells.
(l)
Location of high-tension power line rights-of-way.
(m)
Location of fuel transmission pipeline rights-of-way.
(n)
Location of highest ground- and surface water and elevations.
(o)
Location of access routes and approach roads.
(p)
Fire control and water supply.
(q)
Property boundaries.
(r)
On-site roads.
(s)
Ground cover and other physical features on the site,
if applicable.
(t)
Location of test wells.
(u)
Location of bench mark. A bench mark shall be established
and maintained at the site.
(3)
Topographical map for terminal treatment.
(a)
The applicant shall provide a topographical map at a scale of one inch to 200 feet on two-foot contours, showing completed grade after settlement not exceeding contours of site boundary. [See § 153-8I(9).]
(b)
The applicant shall include a detailed program for closure
of the facility proposed for implementation when use of the facility permanently
terminates.
(4)
Soil hydrogeological characteristics.
(a)
The applicant shall provide a report on the soils and
the geological and groundwater characteristics of the proposed site, based
on sound geological investigation, including depth and pitch of bedrock, either
from on-site testing or reliable survey data.
(b)
Borings or wells shall be drilled five feet into the
groundwater or bedrock or 20 feet below the base of the proposed landfill,
whichever is shallower. One boring or well shall be drilled near the point
of highest elevation.
(c)
A minimum of one groundwater monitoring well shall be
drilled in each dominant direction of groundwater movement in order to check
the effect of operations on original groundwater quality.
(d)
Test wells surrounding the site shall not be more than
500 feet apart.
(e)
Characteristics of cover material may include soil surveys
from soil conservation services.
(f)
Characteristics of base material shall be shown in the
same manner as above or by test borings to bedrock.
(g)
A report to be prepared by geologists shall be included.
B.
Engineering plans, reports and specifications submitted
for approval shall be prepared by a person or firm registered to practice
professional engineering in the State of New York.
A.
Weighing facilities shall be provided.
B.
Operational facilities shall be provided.
C.
Characteristics of cover material.
(1)
Cover material shall be suitable soil or other material
which shall have a medium to moderately coarse texture and shall be of such
character that it compacts well, does not crack excessively when dry and is
relatively free of decomposable material and large objects.
(2)
Where cover material is limited as to quantity or is
not available on the site, design and operational plans must include a description
of a source of cover material, indicating such things as soil type, volumes
to be used, transport methods and contract arrangements.
D.
Prevention of groundwater pollution.
(1)
To minimize risk of groundwater pollution from landfill
leachate, an impermeable membrane shall be provided.
(2)
Migration of leachate within the landfill shall be funneled
to a point where it can be collected in a reservoir on or below the surface
and treated before discharge. This may be accomplished by ditches, tile drains
or pumping wells.
E.
Prevention of surface water pollution.
(1)
Cover material and drainage control structures shall
be designed, graded and maintained to prevent ponding and erosion and to reduce
to a minimum infiltration of water into the solid waste cells. Surface runoff
shall be monitored weekly and shall pass into a catch-water basin and be treated
before discharge.
(2)
The catch basin shall be constructed to prevent leaching
and shall have a compacted clay or impermeable membrane lining.
(3)
Facilities shall be shown to treat the catch basin effluent
suitable for discharge into a Class B stream.
(4)
Drainageways from the landfills shall not in any way
modify the water table or other resources.
F.
Gas venting. Vents shall be provided as necessary in
each cell to prevent the accumulation of gas. Construction design shall be
shown.
G.
Provision for access roads.
(1)
Access roads to the entrance of the landfill shall be
surfaced with such materials as asphalt or gravel and shall be provided with
a base capable of withstanding anticipated load limits. Prevention of dusting
shall be required. Roads shall be maintained safe and passable at all times.
(2)
An all-weather access road negotiable by loaded collection
vehicles shall be provided from the entrance gate of the landfill to the unloading
area.
(3)
Signs indicating traffic flow and hours of operation
shall be provided. Access to the facility shall be permitted only when an
attendant is on duty.
H.
Prohibited materials; unloading requirements.
(1)
The following materials shall be prohibited from the
landfill: radioactive wastes, inorganic wastes such as chromium, arsenicals,
cadmium and heavy metals (lead, mercury), organic liquids, industrial wastes,
flue dusts containing toxic residues and any wastes which might become biologically
harmful in a leachate or promote degradation of the particular membrane composition
used. No hazardous or industrial waste nor materials which, when combined
together, will produce hazardous waste shall be disposed of.
(2)
Unloading areas shall be specified and restricted to
a proper distance from the working face so as to permit collection vehicles
to unload promptly.
(3)
An attendant shall direct vehicles to unloading areas.
(4)
The operator shall show the method of confinement of
windblown waste within the operating landfill area.
(5)
Supervision shall be continuously available to coordinate
the unloading activities with all construction and covering.
(6)
All large foreign objects which will not provide full
contact surface area or which may result in the introduction of an air pocket
to the fill shall be removed.
I.
Cover, compaction and grading requirements.
(1)
Solid waste shall be spread in two-foot layers or less
and compacted upon deposition at the working face. The working face shall
be restricted to the smallest area practicable.
(2)
The size of the active fill area shall be confined to
ensure that blended waste will be spread, compacted and covered daily.
(3)
Each lift shall have a minimum of 12 inches of cover.
Lift height shall not exceed 10 feet.
(4)
Six inches of daily cover shall be placed upon all exposed
solid waste at the end of each operating day.
(5)
Intermediate cover shall be applied whenever an additional
lift of refuse is not to be applied within 30 days.
(6)
Final cover shall be applied in each of the following
circumstances:
(a)
Whenever an additional lift of refuse is not to be applied
within one year.
(b)
To any area of landfill attaining final elevation, within
90 days after such elevation is attained.
(c)
To an entire landfill which is the subject of an application
that is denied or a permit that terminates for any reason, within 90 days
of such denial or termination.
(7)
All fill areas or excavations shall terminate no closer
than 50 feet from the boundary lines of the property on which the landfill
is operated.
(8)
The final earth covering for surface and side slopes
shall be compacted and maintained at a depth of at least 24 inches.
(9)
The maximum side slope shall be 3% as measured from the
lowest boundary elevation. A minimum side slope of 1% shall be provided for
adequate drainage.
J.
Equipment. Equipment shall be sufficient for the on-site
pretreatment, size reduction, blending, spreading, compacting and daily covering
operations.
K.
Fire, health and safety protection.
(1)
Fire protection and fire-fighting facilities adequate
to ensure the safety of employees and provisions to deal with accidental burning
of blended wastes within the landfill shall be provided.
(2)
Emergency first aid equipment for adequate treatment
of injuries shall be provided.
(3)
Fences shall be provided to enclose the landfill to discourage
unauthorized people from entering the fill. Fencing must be mechanically and
aesthetically acceptable and approved by the Town Building Inspector.
(4)
Signs indicating the nature of the landfill and specific
hazardous areas shall be provided.
(5)
A telephone or equivalent type of communication shall
be available at the fill site.
(6)
Twenty-four-hour surveillance over the fill site shall
be maintained with appropriate security.
(7)
The fill operation shall be monitored full-time daily
by an agent of the Town of Cheektowaga.
(8)
The landfill operator shall provide a reference sample
and test report from each test well, weekly, to the town's monitoring
agent.
(9)
The catch basin effluent shall be monitored continuously
to meet state and federal standards.
(10)
The operator shall provide all necessary services to
prevent infestation by scavengers, rodents or insects.
L.
Operational records. A permanent written log shall be
maintained by the landfill operator, including the following information:
A.
The agent of the town shall be a person approved by the
Town Board of the Town of Cheektowaga employed by the landfill operation to
act in the best interests of the town and to protect the health, welfare and
safety of the residents of the Town of Cheektowaga.
B.
Duties of agent.
C.
Salary of town agent. The salary of the town agent shall
be paid by the landfill operator and shall be based on appropriate civil service
rates.
A use fee shall be charged based on 5% of the operator's dumping
charge, as determined by daily log records, and shall be payable monthly to
the Town of Cheektowaga on or before the 10th day of the month following.
The operator shall provide a minimum bond of $5,000 per acre to insure
terminal recovery of the landfill area as outlined on the permit application.
The bond shall remain in effect for five years after terminal recovery.
The dumping of garbage, trash, junk or waste material shall be prohibited
in all parts of the Town of Cheektowaga except those approved for sanitary
landfills.
A.
Any legal evidence of infractions of the rules and regulations
for the operation of the landfill shall justify the termination of the license
after a duly held hearing before the Town Board.
B.
Any legal evidence of pollution by leachate in the test
wells or surface water effluent shall justify suspension of the license by
the Town Board.
A.
Any person who commits or permits any act or acts in
violation of any of the provisions of this chapter shall be deemed to have
committed a violation against such chapter and also shall be liable for any
such violation or the penalty therefor. Each day such violation shall continue
or be permitted to exist shall constitute a separate violation.
B.
For every violation of any provision of this chapter,
the person violating the same shall be subject to a fine of not more than
$100 or imprisonment not exceeding 15 days, or to 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 chapter shall be subject to
a civil penalty enforceable and collectible by the town in the amount of $100
for each such violation. 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 such chapter.
If any section, subsection, paragraph, sentence, clause or phrase of
this chapter should be declared invalid for any reason whatsoever, such decision
shall not affect the remaining portions of this chapter, which shall remain
in full force and effect; and to this end the provisions of this chapter are
hereby declared to be severable.
Upon adoption by the Town Board, this chapter shall take effect 10 days
after its publication as required by the laws of the State of New York, except
this chapter shall take effect from the date of its service as against a person
served personally with a copy thereof, certified by the Town Clerk under the
Corporate Seal of the town, showing the date of its passage and entry in the
minutes.
