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HomeMy WebLinkAbout1988-03-10March 10, 1988 The Lansing Town Board met in an Adjourned Meeting at the Lansing Town Hall Board Room at 7:30 P.M. March 10, 1988 for the purposes of holding a Public Hearing on proposed Local Law No. 1 of the year 1988. ROLL CALL Jeannine Kirby Supervisor Present Jeffrey Cleveland Councilman Present Louis Emmick Councilman Present James Kelleher Town Attorney Present Bonita Boles Town Clerk Present Visitors: Deputy Town Clerk, Debbie Crandall, Syracuse Attorney, Raymond D'Agustino, Mr. and Mrs. Dean Shea, Mrs. Betty Norman, Mr. Alvin White, Mr. and Mrs. Roger Hagin, Mr. David Eastman, Mrs. Anne Moses, Mr. Danny Starner and one or two other Lansing Residents. Proof of Notice having been furnished by the clerk, the Public Hearing on proposed Local Law No. l.for the year 1988, entitled " A Local Law Regulating Solid Waste Management Facilities" was called to order at 7:54 P.M. by Supervisor Kirby. No one appeared voicing any objection to the proposed Local Law # 1, 1988 and all persons desiring to be heard, having been heard, the Public Hearing was terminiated At 9 :02 P.M. The Town Board reviewed the Public Hearing on proposed Local Law No. 1, 1988 entitled " A Local Law Regulating Solid Waste Management Facilities" and the following Resolution was offered. RESOLUTION offered by Mr. Cleveland who moved its adoption, seconded by Mr. Emmick: WHEREAS, pursuant to the provisions of the Municipal Home Rule Law, a proposed local law entitled Local Law No. 1 of 1988, "A Local Law Regulating Solid Waste Management Facilities ", was presented.and introduced at a meeting of the Town Board held on February 17, 1988; and WHEREAS, a public hearing was held on such proposed local law on this 10th day of March, 1988 by the Town Board and proof of publication of notice of such public hearing, as required by law, having been submitted and filed, and all persons desiring to be heard in connection with said proposed local law having been heard, and said proposed local law having been in the possession of the members of the Town Board in its final form in the manner required by Section 20 of the Municipal Home Rule Law of the State of New York; and WHEREAS, the Town Board at such Public Hearing, heard presentations from the following individuals who spoke in favor of the proposed Local Law and no one having appeared in opposition to the Proposed Local Law: Roger Hagin 375 Marilyn Hagin 375 Dean Shea 416 David Eastman 124 Alvin White 465 Anne Moses 438 Danny Starner 551 Asbury Road, Freeville, Asbury Road, Freeville, Asbury Road, Freeville, 5 Warren Road, Ithaca., N VanOstrand Road, Groton Asbury Road, Freeville, VanOstrand Road, Groton New York New York New York ew York New York New York New York WHEREAS, the following documents were presented to and reviewed by the Town Board: The Issue of Sludge Deposit on Land by Donald J. Lisk (1984) Use and Disposal of Municipal Wastewater, Sludge by U.S. Environmental Protection Agency, Sections 2, 3 and 8 (1984) Monitoring Sludge - Amended Agricultural Soils by Michael S. Connor (1984) Multimedium Management of Municipal Sludge by the Committee on a Multi - medium Approach to Municipal Sludge Management (1978) The DelMonte Decision: Banning Crops Grown in Sludge - Amended Soils by Chris Newkumet (1980) Mutagenicity of Municipal Sewage Sludges of American Cities by John G. Babish, Brian E. Johnson and Donald J. Lisk (1983) Organic Toxicants and Pathogens in Sewage Sludge and their Environmental Effects by J.G. Babish, D.J. Lisk, G.S. Stoewsand, and C. Wilkinson (1981) Polychlorinated Biphenyl Concentrations in Sewage and Sludges of Some Waste Treatment Plants in Southern Ontario by John Lawrence and Helle M. Josine (1977) F. /h 92? 1McV.M lo, )Q98 (Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. of....._.............................. La ................... Local Law No. .............1........ of the year 19 »488 A local law .......A..LOCAT , LAW I2EGULAT . iCi:.I .0X11.?..T^1ti45 F,..Mf*,NA.CrF F1��..k'E��.IT T� S..,.. o.... a .................... 504 ... Overt title) Be it enacted by the ... ..........................Town Board ........ ............................. ................. of the sea (blame of t.etiatative Body) •�� of................ Section 1. Town.. °f... Lansing ........................................... ..........................:.... as follows• LOCAL LAW NO. 1 — 1988 A LOCAL LAW REGULATING SOLID WASTE MANAGEMENT FACILITIES Legislative findings and purpose. The Town Board finds that solid waste is a deleterious substance; that improperly maintained solid waste management facilities emit obnoxious fumes and odors and loud noises; that such facilities cast dust and particles upon neighboring persons and properties; that such facilities attract rodents, scavengers, birds, vermin and other beasts and become breeding places therefor; that the burning of solid waste causes smoke and oxidized material to be given off into the air which the community must breathe; that solid waste can produce harmful liquids which drain off, over and into the soil; that certain solid wastes contribute to an increase in mortality or an increase in serious, irreversible or incapacitating illness; that solid wastes cause or significantly contribute to a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed or otherwise managed; that municipal sludge is a product of residential, commercial and industrial users and contains pathogens, chemicals and other substances from these users, some of which alone or in combination are dangerous; that such substances may include PCB's,pesticides, solvents, flame retardants, carconogenic materials, asbestos, viruses, mercury, cadmium, nickel, copper, lead, chromium, zinc, toxics, and a host of other deleterious substances; that the quality of solid waste can vary greatly over time and location depending upon the nature of sources and the compliance with disposal regulations for these and other hazardous substances; that currently there exists a difference of opinion among experts as to whether it can be dangerous for humans to consume crops grown on land used for the spreading of municipal sludge or to drink milk or consume products of animals which graze on such land; that until more definitive information is available there is a need for careful management of valuable farm land; that the Town's manpower and financial resources are such that the Town would have serious difficulty regulating and monitoring the disposal of solid waste generated or originating outside of the Town while striving to effectively regulate and monitor that which is generated within the Town; that the inability of the Town to regulate and monitor the disposal of solid waste coming into the Town from outside sources could result in serious health problems for Town residents and environmental damage to property within the Town; that the purpose of this local law is to protect and preserve the health, safety and welfare of the residents of the Town by regulating solid If additional space is needed lease attach sheets of the same size as this and number each E:- waste located within the Town; and that this local law relates to the property, affairs and government of the Town and its adoption is authorized by the Municipal Home Rule Law of the State of New York and Section 27 -0711 of the Environmental Conservation Law of the State of New York, Section 2. Definitions, As used in this local law, the following terms shall have the meanings indicated: AGRICULTURE'- The cultivation and production of crops for human consumption. "Agriculture" shall include the use of the land for the grazing of dairy cows or other animals whose products' are consumed by humans. BEDROCK - Cemented or consolidated earth materials exposed on the earth's surface or underlying unconsolidated earth materials. CONSTRUCTION AND DEMOLITION DEBRIS - Wastes resulting from construction, remodeling, repair and demolition of structures, road building and land clearing. Such wastes include bricks, concreate and other masonry materials, soil, rock, lumber, road spoils, paving materials and tree stumps. DISPOSAL - The discharge, deposit, injection, dumping, spilling, spreading, leaking or placing of any solid waste into or on any land or water. FACILITY - All contiguous land and structures or other improvements used for a solid waste management facility. Each solid waste management facility located on non - contiguous parcels of land shall constitute a separate facility. GARBAGE - 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. HAZARDOUS WASTE - A solid waste or combination of solid wastes which, because of its quantity, concentration of 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 cause or significantly contribute to a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed 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 or liquid or contain gases. The final determination of whether or not a waste is hazardous shall be made by the Town. INDUSTRIAL WASTE- 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. LANDSPREADING FACILITY - A site used for a solid waste management facility and where sludge or septage is applied to the soil surface or injected into the upper layer of the soil. LEACHATE - A liquid, including any suspended components in the liquid, which has been in contact with or passed through solid waste. OPERATOR - The person responsible for the operation of a solid waste management facility. OWNER - The person who owns all or any part of a solid waste management facility. (2) NYCRR - New York Codes, upon the effective date after be amended, Rules and Regulations as they exist of this local law and as may there- PERSON - Any individual, public or private corporation, political subdivision, government agency, department or bureau of the state, municipality, industry, copartnership, association, firm, trust, estate or any other legal entity.. PROCESSING FACILITY devices utilized to characteristics of or shredding prior facility, sanitary vehicles. - A combination of structures, machinery or reduce or solid waste alter the through volume, processes chemical or physical such as baling to delivery of such waste to a resource recovery landfill or incinerator, and excludes collection RESOURCE RECOVERY FACILITY - A combination of structures, machinery or devices, utilized to separate, process, modify, convert, treat or prepare collected solid waste so that component materials or substances or recoverable resources may be used as a raw material or energy source. RUNOFF •- Any rainwater, leachate or other liquid that drains over land from any part of a facility, SALVAGING - The controlled removal of waste materials for reuse, SANITARY LANDFILL - A land disposal site employing an engineered method disposing of solid wastes on land in a manner that minimizes environmental hazards and meets the design and operation requirements of 6 NYCRR Part 360, SEPTAGE - The contents of a septic tank, cesspool or other individual sewage treatment facility which receives domestic sewage wastes. SLUDGE - Any solid, semisolid or liquid waste generated or deposited from municipal or private sewage treatment plants, SOLID WASTE - Materials or substances discharged or rejected as being spent, useless, worthless or in excess to the owner at the time of such discard or rejection, except sewage and other highly diluted water - carried materials or substances and those in gaseous form. Such wastes shall include but are not limited to garbage, sludge, rubbish, ashes, incinerator residue, street cleanings, dead animals, offal, abandoned vehicles, agricultural waste, in- dustrial waste,-commercial waste and construction and demolition debris. SOLID WASTE MANAGEMENT FACILITY - Any facility employed beyond the initial solid waste collection process, including but not limited to transfer stations; baling facilities; rail -haul or barge -haul facilities; threatment facilities; processing facilities including resource recovery equipment or other facilities to reduce or alter the volume, chemical or physical characteristics of solid waste, sanitary landfills; plants and facilities for composting, compacting or pyrolyzing solid wastes; incinerators; landspreading facilities, secure land burial facilities; industrial waste processing or disposal facilities; and storage areas associated with any of the forgoing. STORAGE - The containment of any solid waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such waste SURFACE WATER - Lakes, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, and all other bodies of surface water, natural or artificial, public or private. TOWN - The Town of Lansing. action which is to be taken provision shall be deemed to otherwise specified. Whenever this local law refers to any or authorized by the "Town ", the refer to the Town Board unless (3) 1 TRANSFER STATION - A combination of devices at a place or facility where from collection vehicles and placed units for movement to another solid structures, machinery or solid waste is taken in other transportation waste management facility, TREATMENT - Any method, technique or process, including neutrali- zation, designed to change the physical, chemical or biological . character or composition of any solid waste to neutralize such waste, recover energy or material resources from the waste, to render such waste safer to transport, store or dispose of, or amenable for recover, storage or reduction in volume. Section 3. law: Exemptions. The following solid waste management facilities are exempt from this local A. Disposal areas for solid waste generated from a one- or two - family residence or from a farm, when such wastes, other than hazardous wastes, are generated at and disposed of within the property boundaries of such residence or farm. B. Transfer, storage, incineration and processing facilities located at apartment houses, schools, parks, industries, hospitals, commercial establishments, individual residences and farms, provided such facilities are used only for solid waste generated or originating at such locations. C. Solid waste management facilities owned or operated by the Town or under contract with the Town. Section 4. Facility requirements. A. General requirements for all solid waste management facilities. Any person who owns, designs, constructs, maintains or operates any facility shall do so in conformance with the requirements of this local law. All applications for permits under this local law shall demonstrate specific means proposed for compliance herewith. (1) Solid waste shall not be deposited in and shall be prevented from entering surface waters or ground waters. (2) Leachate from a solid waste management facility shall not be allowed to drain or discharge into surface waters or ground waters. (3) Salvaging, if conducted by or permited by the facility operator, shall be controlled by the facility operator within a designated salvage area and shall not interfere with facility operation nor create hazards or nuisances. (4) Access to facilities shall be permited only when an attendant is on duty and access to and use of facilities shall be controlled by fences, gates, signs and other suitable means as the Town shall determine. (5) Blowing papers and litter shall be confined to refuse holding and operating areas by fencing or other suitable means, Solid waste shall not be accepted at a facility unless it is covered or confined in the vehicle in which it is being transported, (6) Vectors, dust and odors shall be controlled by effective means so that they shall not constitute nuisances or hazards to health, safety or property. (7) On -site roads used to transport solid wastes shall be kept passable and safe at all times and shall be main- tained and kept in good repair at all times. (8) Safety hazards to.all persons on and near the facility shall be minimized to the greatest extent possible. (4) (9) .Mufflers shall be installed on all internal- combustion powered equipment used at any solid waste management facility and on all other equipment for which mufflers are available, and sound levels for such equipment shall not exceed eighty -eight (88)dB(A) at a distance of fifty (50) feet as measured by procedures that conform to the applicable provisions of the measurement standards of the Society of Automotive Engineers, including but not limited to J87, J88a and J952b, (10) No facility shall receive or process solid waste or otherwise be operated on Saturdays, Sundays, holidays or on any day between the hours of 5.00 p.m. and 9:00 a.m. (11) Adequate numbers, types and sizes of properly maintained equipment shall be available to the facility during all hours of operation, (12) Shelter for mobile equipment shall be provided for routine maintenance and repair. (13) No open burning shall occur at any time. All fires shall be extinguished immediately. The facility shall at all times contain fire.. extinguishing equipment sufficient to extinguish any fires which occur at the facility. (14) Solid waste shall be confined to an area which can be effectively maintained, operated and controlled. (15) The minimum horizontal distance between a solid waste management facility and the feature listed below shall be as follows: FEATURE Property Line Residence or Place of Business Potable Water Well or Supply Stream or Other Body of Water Drainage Swale DISTANCE IN FEET 200 2,000 1,000 1,000 100 (16) Hazardous wastes shall not be accepted, stored or deposited at any solid waste management facility in the Town. No person shall transport or bring into the Town, or cause or permit to be transported or brought into the Town, any hazardous wastes. (17) Reports on forms acceptable to or provided by the Town shall be submitted to the Town Board on April 15, July 15, October 15, and January 15 of each year, covering the quarters ending March 31, June 30, September 30 and December 31, respectively. The reports shall show income, operating expenses, other expenses, cash flow and other financial details and the following data concerning vehicles entering the facility: vehicle descriptions, vehicle weights, number of trips to the facility per day and the weight and content of each load of solid waste deposited. (18) A proposed plan of operation for each facility shall be filed with the Town which shall include, in addition to any other items which the Town may require, the following: the property boundaries of the facility; property lines of all properties immedi- ately adjacent thereto; existing and proposed structures located on the facility; existing buildings and other structures off -site within two thousand (2,000) feet of the facility boundary; existing and proposed on-sIte roads; existing and proposed off -site access roads and public highways to be used for access; all on -site utilities, including storm sewer and drainage, sanitary sewers and water mains; all off -site utilities within two thousand (2,000) feet of the boundary of the facility; location of all surface water and of potable water wells or water supplies within two thousand (2,000) feet of the boundary of the facility; contours (United States Geological (5) Survey datum) as they existed within the facility prior to the commencement of operations and extending two thousand (2,000) feet outside-the facility boundary, at intervals not to exceed five (5) feet; and proposed final contours (United States Geological Survey datum) of the facility showing the final proposed elevation, including final cover. The above plan shall be drawn to scale [not less that one (1) inch equals one hundred (100) feet] by a duly licensed professional engineer or land surveyor of the State of New York. In addition to the foregoing, a location plan shall be submitted showing the facility and all public roads within a three -mile radius. Said plan shall be drawn to a scale of not less than one (1) inch equals two thousand (2,000) feet, (19) Facilities shall be maintained and operated so as to function in accordance with the designed and intended use of the facility. Equipment in use at each facility shall be maintained to operate effectively. Contingency plans approved by the Town for emergency situations shall be implemented in accordance with the terms of those plans, (20) The owner of each solid waste management facility shall execute a written document suitable for recording in the Tompkins County Clerk's Office real property title records for the land upon which such facility is located stating that such land has been used for such facility and that information concerning the extent of such use may be obtained from the Town or the New York State Department of Environmental Conservation. B. Requirements for solid waste management facilities other than landspreading facilities. All solid wastes management facilities located in the Town other than landspreading facilities shall be designed, constructed, maintained and operated in compliance with 6 NYCRR Part 360.8 (b) and Section 4A of this local law, C. Requirments for landspreading facilities. All landspreading facilities located in the Town shall be designed, constructed, maintained and operated in compliance with 6 NYCRR Part 360.8 (b) (3), Section 4A of this local law and, in addition, with the following requirements. Where conflicting requirements exist, the more stringent shall apply: (1) Any land which is used for a landspreading facility shall not thereafter be used for agriculture until such time as the Town Board receives certification in writing from an independent professional engineer licensed by the State of New York that the content in said soil of pathogens, heavy metals and other substances known to be harmful to humans is within limits established at the time of said certification by the New York State Department of Environmental Conservation. In no event shall such land be used for agriculture until at least eighteen (18) months have elapsed since such landspreading occurred. (2) Before landspreading is undertaken all sludge shall be stabilized and otherwise treated for pathogen reduction by a process at least equivalent to that defined in 40 CFR (Code of Federal Regulations) 256, x "Process to Significantly Reduce Pathogens ". (3) In addition to the requirements contained in Section 4A (18) of this local law, a detailed soil analysis shall be provided for each facility, including the types and classifications of soil present, the PH levels of their plow layers, and the ambient levels of each of the following substances: mercury, cadmium, nickel, copper, lead, chromium, zinc, total PCBs, pathogens and other toxic substances and such other tests as the Town Board may require. (4) In order to reduce the possibility of runoff or off -site contamination only dewatered sludge with a minimum solid,content of twenty (20 %) percent shall be allowed to be landspread. Landspreading shall not be permitted in an area with a slope in excess of six (6 %) percent or on any area where bedrock lies less that three (3) feet below the ground surface. Landspread material shall not be deposited on snow, frozen or saturated ground or during periods of rain, (5) Sludge or sewage storage lagoons shall not be permitted. (6) W (6) In order to reduce or eliminate odors, all sludge shall be incorporated into the soil by 5:00 p.m. the same day it is applied by means of plowing, discing, injection or other acceptable method. (7) Dikes, berms or other suitable means shall be utilized in order to prevent any sludge from running off the site. Landspread material shall not be deposited in a manner which would allow it to drain or become washed into any body of water, stream, or surface water drainage Swale or facility. (8) Landspread material shall not be allowed to come into direct contact with agriculture produce that will be consumed by humans or domestic livestock. Public access to each facility shall be controlled for at least twelve (12) months after each application of material. At a minimum signs warning the public of the use of the site as a landspreading facility in size and content acceptable to the Town shall be posted around the perimeter of the site at an interval of no less than two hundred (200) feet, (9) Sludge shall be tested for pathogens, heavy metals and other substances known to be harmful to.humans at such frequency, both prior to and subsequent to spreading, but in any event at least quarterly, as shall be determined by the Town Board giving due regard to the source of the sludge, the size and location of the facility and the quantity of sludge being spread. (10) Soil testing and ground water and surface water monitoring for heavy metals, pathogens and other substances known to be harmful to humans shall be conducted both on and adjacent to'the facility at such locations in such detail and at such frequency as shall be established by the Town Board giving due regard to criteria listed in paragraph (9) above. (11) Prior to any landspreading, the areas to be landspread shall be surveyed by a land surveyor licensed by the State of New York and the boundaries of said areas staked at all corners thereof and otherwise at intervals of 500 feet. (12) In addition to the reports required by Section 4A(17), the owner or operator of each landspreading facility shall, during the time of landspreading activities and for the period ending eighteen (18) months thereafter, submit quarterly reports to the Town Board showing the following information for each such facility: quantities of materials spread, amount of acreage used, types of crops or vegetation planted and harvested, identity of person to whom said crops are sold or transferred and ultimate use or destination of said crops. Section 5. Vehicles used in collection or transport of solid waste. A. No person being the owner, driver, helper, manager or operator of any truck or other vehicle used in the collection, transportation or disposal of solid waste shall allow any of said material or any mud on said vehicle or the wheels or tires thereof to become dislodged or to fall or blow from such vehicle upon any of the streets, highways, sidewalks or public places in the Town, or upon any property in the Town, whether real or personal, public or private. B. Before leaving the premises of any solid waste management facility, all vehicles shall be inspected by the operator thereof and by the operator of the facility for the presence of mud or solid waste on the exterior of said vehicle or the wheels or tires thereof, and all such mud and solid waste shall be removed therefrom before the vehicle leaves the facility. Section 6. Permit required. A. No person shall own or operate a solid waste management facility in the Town without first obtaining a permit for same issued by the Town Board. B. Public the first time hearing. No pemit authorized by this local law shall be issued for until after a public hearing by the Town Board in relation thereto, (7) 1 at which parties in interest and citizens shall have an opportunity to be heard. Public hearings shall not be held on renewals or. amendments of permits previously issued under this local law unless the facility is to be expanded or operated in excess of any limitations or conditions imposed by the Town Board in the original permit. C. Procedure. Issuance of a permit for a solid waste management facility shall be carried out under the following procedures: (1) APPLICATION: The owner of the proposed facility shall apply to the Town Board by filing with the Town Clerk a full statement of a proposed plan of operation, including the items set forth in Section 4A(18) of this local law, proposed phasing of development, environmental impact statement and a proposed plan of corrective or remedial action to be taken in the event of air or surface or ground water contamination, or the spill or release of solid waste on or into any off -site public or private property, surface water or highway, accompanied with a request for approval of the proposed action. (2) SCHEDULING OR PUBLIC HEARING: Within forty -five (45) days of receiving a completed application under this local law the Town Board shall schedule a public hearing. The Town Board may schedule additional public hearings if it chooses. (3) refer the application engineers and consulta require additional tes for by the applicant, action. CONSULTATIONS: The Town Board may in its discretion to county, regional or state agencies and to private nts for their review and comment, and may also is or environmental studies; which shall be paid to assist the Town Board in evaluating the proposed (4) ADVERTISEMENT OF PUBLIC HEARING: The time and place of the public hearing shall be advertised in the official paper of the Town at least twenty (20) days prior to the date of the hearing. The Town Board may also post the site of the proposed action and use other means to ad- vertise the public hearing. (5) DECISION: Within sixty (60) days after the final public hearing the Town Board shall render its decision: approval, approval with modifications and /or conditions, or disapproval. D.. Criteria. The Town Board, in rendering its decision, shall consider the following; community; (1) The overall impact of the proposed action on the (2) Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers, and traffic controls; (3) Adequacy, type and arrangemnt of trees, shrubs, and other landscaping constituting a visual and /or noise buffer between the applicants's and adjoining lands, including the maximum retention of existing vegetation; (4) Protection of nearby surface and ground waters from contamination; .(5) Protection of residents and adjacent or neighboring properties against noise, glare, odors, unsightliness, contamination or other objectionable features; and (6) Adequacy of the proposed plan for emergency, corrective or remedial actions. E. Permits and renewals thereof. Permits may be issued or amended by the Town Board upon compliance by the applicant with the provisions of this local law and subject to any reasonable conditions imposed by the Town Board. The original permit so issued shall remain in effect for one year.:following grant of the permit. Permits may be renewed thereafter for successive one year periods upon filing an application (8) for renewal in the form approved by the Town Board and payment of the permit fee. Renewal permits shall not be issued for facilities which are in default of any conditions established by the Town Board or which are being operated or maintained in violation of this local law. When required by the Town. Board, the applicant, upon obtaining a renewal permit, shall furnish and additional bond or security in an amount approved by the Town Board as sufficient to ensure compliance with this local law and any conditions established by the Town Board. F. Permit fees. The permit fee shall be Five Hundred ($500.00) Dollars and shall be paid at the time the application is made and thereafter in the event of renewal. The Town, in addition to the permit fee, may assess the applicant with the costs of advertising the notice of hearing on such application and may make the issuance of the permit conditional upon payment of same. G. Revocation or suspension. If any officer or authorized representative or employee of the Town finds that any facility permitted hereunder is not being operated in accordance with the provisions of this local law, including any conditions es- tablished by the Town, such fact shall thereupon be reported to the Town Board and the Town Board may direct that an order in writing be served upon the holder of the permit, directing that the conditions therein specified be remedied within five (5) days after date of service of such order. If such conditions are not corrected after the ex- piration of said five -day period, the Town Board may serve a notice in writing upon the holder of said permit requiring the holder of said permit to appear before the Town Board at a time to be specified in such notice and show cause why such permit should not be revoked or suspended. The Town Board may, after a hearing at which testimony of witnesses may be taken, and the holder of the permit shall be heard, revoke or suspend such permit if said Town Board shall find that said facility is not being operated in accordance with the provisions I of this local law, or for other sufficient cause. Section 7. Undertaking required to ensure compliance. The owner of every solid waste management facility shall furnish the Town with an undertaking, executed by one (1) or more satisfactory to the Town, or in the form of cash, in an amount sufficient to reimburse the Town against any damages or expenses incurred by the Town in enforcing this local law or in remedying any violation thereof, including but not limited to expenses incurred in complying with the requirements set forth in Section 4 of this local law and in remedying any interference with or con- tamination of adjacent or nearby properties, surface water or water sources. The Town shall determine the amount of such undertaking having due record for the size of the facility and the amount of solid waste being deposited, treated, stored or processed therein; but it shall not be less than three (3) times the total assessed value of the land upon which the facility is located as shown on the current assessment roll of the Town. Said undertaking shall be kept in full force and effect at all times. Section 8. Solid waste originating outside Town. No person shall transport, import or bring into the Town, or cause or permit to be transported, imported or brought into the Town, or shall throw, dump, dispose or deposit in or on any private or public land in the Town, or cause or permit to be so thrown, dumped, disposed or deposited, any solid waste originated or generated outside of the Town or from any source outside the Town. No person shall operate a solid waste management facility which accepts or receives solid waste originating or generated'outside of the Town. Section 9. Effect of noncompliance. No solid waste management facility which violated any provision of this local law shall remain. in operation while such violations continue. In addition, any solid waste management facility which violates any provision of this local law is hereby declared to be a public nuisance. Section 10. Inspections. Every solid waste management facility without notice. The owner and operator of inspection thereof upon demand by any offi representative of the Town and shall, as a this local law, execute written permission Section 11, shall be subject to periodic inspections each such facility shall allow on -site cer or other duly authorized employee or condition to obtaining a permit under giving effect to this provision. Criminal penalties; enforcement. A. Any person who violates any provision of this local law shall be guilty of (9) of a Class A misdemeanor and shall be punished by such fine or imprisonment, or both, as shall be provided by the New York State Penal Law. Each day of continued violation shall be deemed a separate violation of this local law. B. This local law may be enforced by any police officer or by any officer of the Town or by any employee of the Town if so authorized by.resolution of the Town Board. Any such enforcement official is authorized to issue an appearance ticket, an information, a misdemeanor complaint or any other appropriate accusatory in- strument, in the manner provided by the Criminal Procedure Law of the State of New York, or by any pertinent ordinances or local laws of the Town, to the owner or operator of the solid waste management facility as well as to any other person who is violating the provisions of this local law. Section 12. Civil remedies. Nothing in this local law shall be deemed to impair or diminish any cause of action or remedy which the Town may have under any other local law, under any statute, ordinance or regulation or under the common law; provided, however, that in the case of a conflict, those terms or rules of law shall control which are more restrictive upon the solid waste management facility. In addition thereto, the Town may enforce this local law by court injunction. Section 13. Liability for expenses. Any person adjudged in a criminal or civil proceeding to have violated this local law shall be liable to the Town for all expenses incurred by the Town in connection with the proceeding, including the reasonable attorneys' fees of the Town in connection therewith. Section 14, Severability. If any clause, sentence, paragraph, subdivision, section law shall be adjudged by any court of competent jurisdiction judgment shall not affect, impair or invalidate the remainder confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which rendered. Section 15. When effective. or part of this local to be invalid, such thereof but shall be subdivision, section such judgment is This local law shall become effective immediately upon its filing with the New York Department of State. Section 16. Repealer. Town of Lansing Local Laws No. 3 and No. 4 of 1987 are hereby repealed. r, (10) (Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter therein which is not applicable,) 1. (Final adoption by local legislative body only,) I hereby certify that the local law annexed hereto, designated as local law No. :........i....... of 194MI, of the W of'......... Lansing............ was duly passed by the .........l pan.s.]�lxg...Town.,Za and ............................... (Name of Legislative Body) on....,Mare .,1.0,,,,,,,,,., ,,....19....88 in accordance with the applicable provisions of law, 2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,* or repassage after disapproval.) 1 hereby certify that the local law annexed hereto, designated as local law No.. ...................of .19.. ... ff. County of the City Town Village of.......... ............................was duly passed by the ............ ,. ...... ...............,........... ,...... (Name of Legislative Body) on............................. .....................19........ not disapproved and was approved by the ........................ ............................... repassed after disapproval Elective Chief Executive Officer and was deemed duly adopted on ................................... .....................19........ , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) 1 hereby certify that the local law annexed hereto, designated as local law No. .................. of 19,,,,,.,.., County of the City Town Village of.... was duly passed by the ....................................................... ............................... (Name of Legislative Body) on.. .......... ... I ...... I.. I ..................... 19 ........ not disapproved andwas approved by the ................................ ............................... repassed after disapproval Elective Chief executive officer on .................................................. ....................19......... Such local law was submitted to the people by reason of a mandatory permissive referendum, and received the affirmative vote of a majority of the qualified electors voting general thereon at the special election held on ................................. .....................19........ , in accordance with the appli- annual cable provisions of law, 4. (Subject to permissive referendum, and final adoption because no valid petition filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. .................. of 19.11,11004. County qty of the Town of ....... ............................... was duly passed by the Village (Name of Legislative Body) not disapproved .............. .... .... I.,. " .... . .... 6.4 ... be, 19........ and was approved by the ..........................,. .............................on repassed after disapproval Elective Chief Executive officer* •.•.•.....••......• ....................... ....................19......... Such local law being subject to a permissive referendum and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted on ••••.•.• .....•••.....• ................. .......$err................,... 19........, in accordance with the applicable provisions of law, *Elective Chief Executive Officer means or ,includes the chief executive officer of a county elected on a county -wide basic or, if there be none, the chairman of the county legislative body, the mayor of a city or vWage or the supervisor of a town, where such officer is vested with power to approve or veto local laws or ordinances. Page 11 r. G1 (City local luw concerning Charter re%ision proposed by petition.) 1 hereby cei-tif\ hlaL the log. ,ll aNs ..;;nexed hereto, designated as local law No... ..... I., .......... of 19........ of the City of ........................................... ............................... ha inn been submitted to referendum pursuant to the provisions of § 37 of lilc !,iunicipal I G:l�ne Rule Law, and i:aving received the affirmative vote of 'a majority of the qualified electors of such city voting thereon at the special general electron held on .•. .........• ..................... ..............19 ............ became operative. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as Local Law No....... of 19...... of the County of .......... ................0............., State of New York, having been submitted to the Electors at the General Election of November ... ... 1..,, 19 .........., pursuant to subdivisions 5 and 7 of $ection 33 of the Muni- cipal Home Rule Law, and having received the aftiripative vote of*a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (lf any other authorized form of final adoption has been followed, please provide an appropriate certification.) W I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such Original local law, and was finally adopted in the.manner indicated in paragraph ............1 ............... above. Date:. March 10, 1988 (Seal) •MInT��m (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF .......... ......Tompkins, ............... 1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Date: March 10, 1988 Page -12 1i3�t�7GL�C 1��1K}K - Lans inS ............................. Town MAW continued March 10, 1988 Screening Chemicals In Municipal Sludges by Elliot Lomnitz and Randy Bruins and Larry Fradkin (1985) Utilization of Municipal Sewage Effluent and Sludge on Forest and Disturbed Land by Bernard P. Sagik, Barbara E. Moore, and Charles A. Sorber (1979) Lime Lake Reclamation via Sludge Management by James'C. Opatrny and R. Charles Larlham (1985) WHEREAS, the Town Board has considered all of the comments made at the public hearing together with all the documents presented thereat and those listed above and has also considered the regulations contained in 6 NYCRR Part 360; and WHEREAS, the Town Board hereby adopts the findings set forth in Section "1" of the proposed Local Law and hereby determines that it is in the public interest to enact said Proposed Local Law No. 1 of 1988. NOW, THEREFORE, it is hereby •RESOLVED, that the Town Board does hereby enact Proposed Local Law No. 1 of 1988 as Local Law No. 1 of 1988. El The question of the adoption of the foregoing resolution was duly put to a vote and upon roll call, the vote was as follows: Vote of Town Board . (Aye) Jeffrey Cleveland, Councilman Vote of Town Board . (Aye) Louis Emmick, Councilman Vote of Town Board . (Aye) Jeannine Kirby, Supervisor Said Local Law No. 1 for the year 1988 is attached hereto and made a part thereof. The Supervisor presented her monthly report. On motion, meeting adjourned at the call of the Supervisor. NOTICE OF PUBLIC HEARING I NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Lansing, New York, on Feb- ruary 17, 1988 „proposed Local Law No. 1 for the year 1988, entitled A LOCAL LAW REGU- LATING SOLID WASTE MAN- AGEMENT FACILITIES. Said II proposed Local Law includes provisions defining solid I waste, solid waste manage- I ment facilities and other ! terms, requiring a permit in order to operate such facili- ties, regulating the manner in i which such facilities are oper- ated, and in particular, the manner in which sewer ; sludge may be spread upon the lond, prohibiting the im- I portatiori into the Town of sol- l id waste originating outside of the Town, and containing oth- i er provisions relative to en- forcing the proposed local law i in both criminal and civil pre - ceedings. The full text of said ilocal law is on file a the Town Clerk's office at the Town Hall, located at 29 Auburn i Road, in the Town of Lansing, 'for inspection by all interested persons. it NOTICE IS FURTHER GIVEN that i the Town Board has deter- mined for puposes of the N.Y.S. Environmental Quality Review At that adoption of the proposed local law will not re- sult in any significant environ- mental effects and such deter - tminotion is also on file at the Town Clerk's Office for inspec- tion by all interested PPdrties. NOTICE IS FURTHER GIVEN,1F 61 the Town Board will hold 0'a public hearing on the adop- tion of the proposed local law at the Town Hall on March 10, 1988 at 7:30 P.M. or as soon thereafter as the matter can I be heard .at, which time all persons interested will be heard. Bonita Boles, . I Lansing Town Clerk I March 1, 1988 %-/3o -r) LC� Y3 C� &2,