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