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 prerogative to file a signed or
written complaint with any of the above-mentioned enforcement agencies.