Town of New Berlin, NY Article I Disposal

[Adopted 2-5-1990 as L.L. No. 1-1990]

§ 124-1 Declaration of policy.

This Article is adopted for the purpose of promoting the health, safety and general welfare of the people of the Town of New Berlin, including the protection and preservation of the environment and its inhabitants and in all matters related thereto, by prohibiting waste to be disposed of or stored in the Town of New Berlin.

§ 124-2 Definitions.

As used in this Article, the following terms shall have the meanings indicated:

CLEAN HARD-FILL

Dirt, rock, bricks, stumps, mortar or cement.

DISPOSAL

The burning, discharge, deposit, injection, dumping, spilling, leaking or placing of waste into the land, water or air.

PERSON

Includes an individual, firm, partnership, corporation or association of persons.

REGULATORY AUTHORITIES

Includes the Department of Environmental Conservation (DEC), the Environmental Protection Agency (EPA), the Department of Transportation (DOT) and other agencies with regulatory authority over these matters.

[Added 8-21-1995 by L.L. No. 5-1995]

STORAGE

Containment of waste such that it does not constitute disposal.

WASTE

Hazardous waste, municipal waste, industrial waste, special waste, solid waste, sewage sludge or construction and demolition debris.

§ 124-3 Prohibited acts.

Except as otherwise provided in this Article, the disposal or storage of waste on any public or private lands in the Town of New Berlin is strictly prohibited.

§ 124-4 Exceptions.

Nothing contained herein shall be deemed to prohibit any person from spreading nonhuman animal waste used for fertilizer for agricultural purposes, clean hard-fill or existing household disposal facilities used exclusively by the persons occupying the property as of the date of this Article as long as such disposal is in compliance with local, county, state and federal laws.

§ 124-5 Permit application; issuance.

The Town Board may issue a permit for the disposal or storage of nonhazardous wastes not included in § 124-4 above if the Town Board is advised by regulatory authorities that the site is environmentally suitable and, further, the disposal or storage will not endanger the health, safety and general welfare of the people of the Town of New Berlin. Application for such permit shall be made to the Town Clerk and shall include the following:

A. Fees for said permit will be levied annually in an amount as set forth from time to time by resolution by the Town Board.

[Amended 8-21-1995 by L.L. No. 5-1995]

B. Any costs incurred by the Town Board for consultation fees or extraordinary expenses in connection with the review of the application of permit will be charged to the applicant.

C. Any site for which a permit is issued pursuant to this Article and any facility utilized at a site for which a permit has been issued under this Article must be maintained and constructed in accordance to DEC laws and regulations and in accordance with any other town, county, state and federal law(s).

D. The Town Board reserves the right to refuse to issue a permit to an applicant if the applicant has been convicted of a misdemeanor or felony which, in the judgment of the Town Board, renders the applicant an unfit or undesirable person or if the applicant fails to meet and/or demonstrate the ability to meet the requirements of this Article to the satisfaction of the Town Board.

[Amended 8-21-1995 by L.L. No. 5-1995]

E. Applications for permits may be acquired from the Town Clerk. The completed application form is to be submitted to the Town Clerk for review by the Town Board and/or persons deemed necessary by the Town Board. A decision to issue a permit will be allowed only after definitive review, as a minimum, by the Town of New Berlin Planning Board and the Town Board. The Town Board will have 90 days from acceptance of the permit application to render a decision of issuance, nonissuance or continuance for further information.

§ 124-6 Liability coverage.

A. The applicant must have environmental impairment liability coverage for sudden or nonsudden occurrences and coverage for cleanup costs in the following amount: $1,000,000 for the disposal or storage of waste.

[Amended 8-21-1995 by L.L. No. 5-1995]

B. The Town of New Berlin is to be included as an additional insured.

C. The issuing insurance company must have a BEST rating of A+ Class V or better.

D. Proof of insurances shall be in the form of a certificate of insurance. It should also provide that the Town of New Berlin will get 120 days' prior notice of policy cancellation and that policy premiums have been paid in full for one year. Fronted policies will not be accepted.

E. Evidence of an irrevocable letter of credit in the amount equal to the minimum amount of liability coverage ($250,000 or $1,000,000) must be provided to the Town Board.

§ 124-7 Enforcement; complaints.

[Amended 8-21-1995 by L.L. No. 5-1995]

This Article may be enforced by the Town Board or representative of the Town Board, County Codes Enforcement Officer, Code Enforcement Officer, State Police, Sheriff's Department, Environmental Conservation Officers or any other police officer, as well as by citizen's complaint. Any individual has the perogative to file a signed or written complaint with any of the above-mentioned enforcement agencies.

§ 124-8 Penalties for offenses.

A. Any person violating any of the provisions of this Article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $1,000 for each offense or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.

B. The Town Board shall also have the power to bring civil action to restrain any violation of this Article in a court of competent jurisdiction.

C. When the violation of this Article is continuous, each 24 hours thereof shall constitute a separate and distinct offense.

D. Any person violating any provisions of this Article shall incur the cost of cleanup and any damages resulting from the disposal or storage, the cost of litigation and any costs to the Town of New Berlin for reasonable consultation fees or extraordinary expenses in connection with a review.

E. The Town Board reserves the right to revoke any permit issued upon the conviction of a misdemeanor or felony violation of this Article, county law, state law, federal law and/or other cause shown. A revocation hearing will be held after a minimum of five days' written notice to the permit holder. The written notice will specify the alleged violation and be forwarded to the person by certified mail, return receipt requested, at the principal office or address filed with the Town Clerk on the permit application, the person subject to cost of subsequent litigation (if any), site closure and consultation fees.

[Amended 8-21-1995 by L.L. No. 5-1995]