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HomeMy WebLinkAboutSection 15 SECTION 15 tNaU / i LOCAL LAW NO. 2 FOR THE YEAR 1987 BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF NEWFIELD AS FOLLOWS: SECTION 1 .0 Title, Statutory Authorization and Purpose 1. 1 TITLE This local law shall be known as the "Sanitary Landfill Local Law of the Town of Newfield" . 1. 2 STATUTORY AUTHORIZATION This local law is adopted under the authority of Section 130, Subdivision 6, of the Town Law of the State of New York. 1. 3 PURPOSE It is the purpose of this local law to promote the health, safety, and general welfare of the residents of the Town of New- field by the proper regulation of disposal areas known as sani- tary landfills, to prohibit the dumping of refuse in the town except in such areas and prohibit the open burning of refuse in such areas. SECTION 2. 0 Definitions 2. 1 DEFINITIONS As used in this local law: (A) PERSON shall mean an individual, association, partner- ship or corporation or any combination thereof and the agent or employee thereof. (B) REFUSE shall mean and include any one or more of the following: garbage, trash, rubbish and similar used or waste material . (C) DISPOSE and all of its derivatives shall mean to dump, deposit, thow away by a person or by another with the consent or approval, active or passive, of a person in a position to control or prevent the same. (D) SANITARY LANDFILL shall mean a disposal area conducted in compliance with the regulations prescribed herein. (E) OPERATOR shall mean a person who shall operate a sani- tary landfill site for which a permit is granted here- under. SECTION 3. 0 General Provisions 3.1 LICENSE REQUIRED No person shall receive or accept for disposal, or delivery, dump or offer for disposal any refuse on any land or at any lo- cation, site or area within the Town of Newfield, unless such land, location, site or area is a sanitary landfill disposal area and has been licensed as such as provided hereunder, and no person shall operate any such disposal area unless the same has been licensed as provided hereunder. 3. 2 APPLICATION FOR LICENSE Any person who shall desire and intend to establish, operate 1 and maintain a sanitary landfill in the Town of Newfield shall execute under oath an application to the Town Board for a license which shall contain the following information; (A) The name and address of the applicant. (B) A brief description of machinery and equipment which will be used in the operation of the site. (C) The minimum number of employees he intends to engage in the operation of the site. (D) The maximum volume of refuse the applicant will accept for disposal, on a weekly and on a monthly basis. (E) The name and address of the owner of the land upon which the site is to be located and if the applicant is not the owner, the nature of his right of occupancy of such land, and if the applicant is a corporation, the names of all shareholders and the number of shares held by each shareholder, and if the applicant is a partnership, the names of each partner and the interest held by each such partner. -2- (F) There shall accompany such application a map or plan of the premises drawn to a scale of not less than one inch to one hundred feet showing the following: (1) The location of all boundary lines and/or streets and highways abutting the premises and all dwell- ings situate within one thousand (1000) feet of the area intended for use as a landfill . (2) The exact location of the area intended for use as a landfill . (3) The exact location of areas formerly used for land- fill purposes and completed at the time of appli- cation. 3. 3 LICENSE (A) The annual fee for the issuance of a license hereunder, or any renewal thereof, is fixed at Ten Thousand Dol- lars ($10, 000 , 00) , (B) Such license shall at all times be displayed conspicu- ously at or near the entrance to the site for the opera- tion of which it was issued. (C) Any license issued hereunder shall be effective from the date of its issuance until December 31 following its issuance. A license hereunder may be renewed for addi- tional one (1) year periods, provided all regulations and provisions contained in this local law are being complied with. (D) All licenses issued under this law shall be non-transferable from or assignable by the named per- mitee or licensee thereof, and for the purpose of this subsection if such permit or such license is issued to a corporation whose stock is not sold to the general public on any recognized stock exchange or "over the counter" and in compliance with applicable Federal and State laws and regulations, any type transfer or as- signment of the ownership of a share or shares of stock in said corporation, subsequent to the issuance of a permit or license hereunder, by the owner or owners of said share or shares of stock at the time of the issu- ance of the permit or license hereunder, which transfer or assignment would cause the controlling interest in said corporation to be vested in a party other than the -3- party holding controlling interest in the corporation at the time of the issuance of the license or permit hereunder, except through inheritance or disposition on death, shall be deemed and considered a transfer or assignment within the meaning of this section, and, further, in any event, the Town Board of the Town of Newfield must be notified in writing by the corporate licensee or permitee as to any transfer or assignment of ownership of a share or shares of stock in said corporation, whether or not such transfer vests con- trolling interest of the corporation in another party. Any transfer or assignment as defined in this subsec- tion will cause an automatic revocation of any permit or license issued hereunder. (E) Such license may be revoked or suspended by the Town Board for the violation of any regulations herein after a public hearing at which the licensee shall have an opportunity to be heard. 3.4 REGULATIONS (A) A person who shall operate a sanitary landfill site for which license is granted hereunder shall be respon- sible for the operation and management of said site. (B) The operator shall not accept refuse for disposal at any sanitary landfill site on Sundays, or before 8 : 00 a.m. or after 4 : 00 p.m. prevailing time on other days. The operator shall post at the entrance gate of the sanitary landfill site a sign stating the hours of the day during which refuse will be accepted for disposal as herein specified. No refuse may be accepted out- side of such hours, during which time the entrance gate will be kept closed and securely locked. (C) Refuse generated outside of the Town of Newfield, New York, will not be accepted at facilities licensed by the Town of Newfield unless authorized by the Town Board and consistent with the regional comprehensive plan as it relates to solid waste management. (D) The refuse is to be covered before the close of the working day. (E) The area designated to be used for landfill purposes shall be no less than one thousand (1, 000) feet from any dwelling or from any public street or highway and no less than two hundred (200) feet from any adjoining property boundary. -4- (F) No license shall be granted or renewed except upon proof that the sanitary landfil for which the permit is sought and its operator has fully complied with all applicable federal, state and local laws, rules and regulations pertaining thereto, including but not limited to, the New York Environmental Conserva- tion Law and applicable regulations thereunder. (G) No license shall be granted to any person unless he posts a bond or other financial security in the mini- mum sum of Ten Million Dollars ($10, 000, 000 . 00) to constitute a fund for reclamation and compensation for damages resulting from the use of said license. The amount of the bond or other financial security, if the Board shall determine a sum greater than the minimum is required, and its term shall be negotiated based upon the size of the operation, type of soil, condition, type of materials to be deposited and such other relevant criteria as the Town Board may deter- mine. Said bond or financial security shall provide for extended coverage during site operation and for a minimum period of twenty (20) years after the closing of the landfill site or other cessation of business thereon. The Town Board shall reserve the right to accept or reject any bond or financial security which it deems does not provide proper protection to the Town of Newfield or its residents . (H) The Department of Environmental Conservation shall establish the depth of the landfill . (I) The area designated to be used for landfill purposes shall be enclosed with a suitable fence and entrance gate to contain blowing papers and to secure the area during non-operational hours. All unloading of solid waste shall be conducted in such a manner as to elimi- nate odor and litter outside the facility, and such litter and odor outside of the facility would consti- tute a temporary suspension of the permit, until the violation is remedied. (J) Refuse should not be unloaded when weather conditions, e .g. , high winds, make it probable that the litter may be carried beyond the limits of the sanitary landfill. (K) Sanitary landfill sites are prohibited in a major groundwater recharge area when their locations can be identified by reliable engineering investigations, or where it can be shown that public or private water supplies would be jeopardized by pollution. -5- (L) Salvage or scavenger operations shall not be permitted at any landfill. (M) All material used in the covering of refuse shall be taken from within the area designated to be used for landfill purposes on the map required by Section 3 . 2 (F) of this local law. (N) At the discretion of the Town Board, a ground and sur- face water monitoring system may be required, at the licensee' s expense, (0) Any peace officer, the Town Supervisor and members of the Town Board or their duly authorized representatives shall be granted access to any sanitary landfill site permitted hereunder to inspect the same for compliance herewith. (P) The Town Board shall have the right to require certi- ficates of approval of any refuse to be deposited in the landfill in order to monitor compliance with and promote enforcement of this law. If such procedure is adopted by the Towne no licensee shall accumulate, deposit, store, manage, or accept for such purpose any refuse or other waste material which has not been cer- tified as approved for deposit by the Town of Newfield or any officers or representatives thereof acting under the authority of the Town Board. Before issuing a certificate of approval, the Town of Newfield Enforcement Officer or designee must first record: (1) The nature of the substance sought to be deposited. (2) Its point of origin, which, in the case of refuse or other waste materials originating outside the Town of Newfield in accordance with these regula- tions, must be evidenced by a bill of lading. (3) Its volume in cubic yards. (_4) Whether compacted or loose. (Q) No site for the disposal of refuse or other waste ma- terials situated within the Town of Newfield may accept for deposit, storage, or management more than one thousand (1, 000) cubic yards in loose form or the equivalent volume in compacted form of any substance in any single calendar week. (R). Recyclable items, e.g, glass, aluminum, newspaper, etc , shall not be deposited in the sanitary landfill . Such items shall be removed from any deposits of refuse by -6- licensee and delivered to any appropriate recycling center for disposal. Proof of such delivery shall be furnished the Town on a monthly basis on the 10th of each month following the month of disposal . (S) The Town of Newfield reserves the right to promulgate rules and regulations applicable to licensees and the operation of landfills consistent with this law in order to clarify its terms and/or to monitor compli- ance with its provisions and/or promote enforcement thereof. Violation of any such rules and regulations shall be deemed a violation of any of the provisions of this law. (T) The completed area of any landfill shall have a finished slope of no greater than twenty-five percent (25%) . (U) The sanitary landfill shall be operated in compliance with all applicable federal, state and local laws . 3. 5 VEHICLES (A) The name and address of any collector using the li- censee' s landfill shall be filed with the Town Clerk. In the case of corporate or partnership collectors, the information required for corporate or partnership licensees under Section 3.2 (s) of this local law shall also be filed. (B) All vehicles used in collection shall be duly registered and shall carry general liability insurance or equiva- lent financial security satisfactory to the Town Board of not less than Five Hundred Thousand Dollars ($500, 000 . 00) . All vehicles used shall comply with any applicable federal and state laws, rules and regu- lations. (C) Each vehicle used by any collector for refuse to be deposited in licensee ' s landfill shall have the name of collector, collector' s name and address and col- lector's town or city of collection, and the number of the vehicle (if collector has more than one) clearly printed and readily visible on the side of each vehicle. (D) The bodies of all vehicles used to haul, transport, or dispose of refuse or other solid waste should be of metal or other impervious material. All vehicles shall be constructed, and maintained, so as to prevent refuse from accumulating in or on the body and shall be capa- ble of being completely emptied. (E) Any vehicle used to haul garbage, wet or dry, shall be of the packer type with fully enclosed body or other -7- approved type to minimize the escape of any noxious or disagreeable odors, or the escape of any of the vehicle' s contents, either liquid or solid. (F) Any vehicle, the use of which is intended for dry wastes such as trash, rubbish, empty boxes, papers, grass and tree trimmings, cans, bottles, and all simi- lar materials, may be of the open-body type, but shall be equipped with eye hooks, cleats, or other similar hold-fast facilities fixed to sides and ends of the vehicle and with a tarpaulin or other approved cover to prevent blowing off, spilling, or scattering of the same along the route of the haul. 3. 6 SPECIAL PROVISIONS FOR SPECIAL WASTES OTHER THAN "MUNICIPAL SOLID WATES" , i.e. , NORMAL, RESIDENTIAL AND COMMERCIAL SOLID WASTE GENERATED WITHIN A COMMUNITY The disposal of all hazardous* and special wastes** is pro- hibited at a sanitary landfill. (*) Hazardous wastes mean waste materials that are; (1) toxic or poisonous, (2) corrosive, (3) irritating or sensitizing, (4) radioactive, (5) biologically infectious, (6) explosive, or (7) flammable and that present a significant hazard to human health and the environment. They include, but are not limited to, those materials and concentrations of materials that are determined to be toxic by the Secretary of Health, Education and Wel- fare pursuant to Section 20 (6) of the Occupational Safety and Health Act of 1970 (Public Law 91-596) . (**) Special wastes include, but are not limited to, mater- ials from construction, repair, demolition and excava- tion, solid industrial wastes, large condemned or dead -8- animals, and solid wastes from slaughter houses, food processing facilities, markets, butcher shops, and similar establishments, hazardous wastes and infectious wastes*** . Normal residential and com- mercial wastes associated with municipal solid wastes are not included. (***) Infectious wastes mean (1) equipment, instruments, utensils, and fomites (any substance that may harbor or transmit patho- genic organisms) of a disposable nature from the rooms of patients who are suspected to have, or have been diagnosed as having, a communicable di- sease, (2) laboratory wastes, including pathological speci- mens, i,e. , all excrete, and secretions obtained from patients or laboratory animals, and disposa- ble fomites attendant thereto, and (3) surgical operating room pathological specimens and disposable fomites attendant thereto, and similar disposable materials from out-patient areas and emergency rooms, SECTION 4 , 0 Penalties and Enforcements 4 .1 PENALTIES (A) Any person who commits or permits the commission of any act or acts in violation of any of the provisions of this local law shall be subject to a fine of not more than Two Hundred Fifty Dollars ($250 . 00) or imprisonment for not more than fifteen (15) days, or both such fine and imprisonment, and/or suspension of the permit for a period of at least five (5) days, for each such viola- tion. Each day such violation shall continue or be permitted to exist shall constitute a separate viola- tion. (B) In addition to the penalties herein provided for, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent juris- diction to compel compliance with or to restrain by in- junction any violation of this local law, -9- 4 . 2 ENFORCEMENT OFFICER The Town of Newfield shall have the authority to appoint an Enforcement Officer authorized and empowered to act on be- half of the Town of Newfield to enforce the provisions of this law. SECTION 5. 0 Saving Clause and Effective Date 5.1 SAVING CLAUSE If any section, paragraph, subdivision or provision of this local law shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this local law as a whole or any part or provision thereof other than the part so de- cided to be invalid or unconstitutional, 5.2 EFFECTIVE DATE This law shall take effect upon its filing with the Secre- tary of State in accordance with Section 27 of the Municipal Home Rule Law. -10- /6 LOCAL LAW NO. AP / FOR THE YEAR 1988 BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF NEWFIELD AS FOLLOWS: SECTION 1. 0 Title, Statutory Authorization and Purpose 1 .1 TITLE This local law shall be known as the "Amendment to Sanitary Landfill Local Law Of the Town of Newfield" . 1.2 STATUTORY AUTHORIZATION This local law is adopted under the authority of Section 130, Subdivision 6, of the Town Law of the State of New York. 1 . 3 PURPOSE It is the purpose 'of this local law to promote the health, safety, and general welfare of the residents of the Town of New- field by the proper regulation of disposal areas known as sanitary I . landfills, to prohibit the dumping of refuse in the town except in such areas and prohibit the open burning of refuse in such areas. SECTION 2 , 0 Paragraph 2 .1B of Local Law No. 2 for the year 1988 shall hence- forth read: (B) REFUSE shall mean and include any one or more of the following: garbage, trash, rubbish and similar used or waste material and any sewage sludge or by-product of sewage systems or items having been used in treat- ment or disposal of human or animal excrement or waste. . SECTION 3. 0 Effective Date 3.1 EFFECTIVE DATE s :r This law shall take effect upon its filing with the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. \._._.g..? 4._,,d_.A.-aL-X--y--TIL(-V-71-}(e:'kAj-d // /?f .0--7c1 5---/? ‘/, trol 04/04_0_alrt L -`� er-r-7-1-6 / qe: .. )