HomeMy WebLinkAboutSection 36 SECTION
36
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416 STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA
ANDREW M. CUOMO 99 WASHINGTON AVENUE CESAR A. PERALES
GOVERNOR ALBANY, NY 12231-0001 SECRETARY OF STATE
February 26, 2015
Town Clerk
166 Main Street
Newfield NY 14867
RE: Town of Newfield, Local Law 1 2015, filed on February 23, 2015
• Dear Sir/Madam:
The above referenced material was filed by this office as indicated. Additional
local law filing forms can be obtained from our website, www.dos.ny.gov:
Sincerely,
State Records and Law Bureau
(518) 473-2492
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LOCAL LAW#1 FOR THE YEAR 2015
TOWN OF NEWFIELD
SOLID WASTE MANAGEMENT FACILITIES LAW
Section I TITLE
This Local Law shall be known as and may be cited as the "Solid Waste Management
Facilities Law of the Town of Newfield."
Section II DECLARATION OF FINDINGS
A clean, wholesome, attractive environment is declared to be of importance to the health
and safety of the inhabitants of the Town of Newfield and the safeguarding of their material
rights against unwarrantable invasion and for the protection of the public health, and, in addition,
such an environment is deemed essential to the maintenance and continued development of the
economy of the Town and the general welfare of its citizens. It is further declared that the
establishment or operation of private dumps, dumping grounds, refuse disposal areas, waste
transfer stations, landfill sites or similar land uses is a hazard to such health, safety and welfare
of the citizens of the Town necessitating the elimination thereof Sanitary and industrial waste
dumped upon the soil emits obnoxious odors and fumes and is on its face an unsanitary and
unhealthy condition. By the adoption of this law, the Town Board of the Town of Newfield
declares its intent to regulate in a manner consistent with the interest of the citizens of the Town
of Newfield the dumping of garbage, rubbish, refuse, sanitary or industrial waste and similar
waste material on the lands within the Town. Unattended, private garbage dumps and disposal
areas attract rodents and vermin and become breeding places for them. All of these conditions
can adversely affect the development of the Town unless they are properly and carefully
regulated. Therefore, in exercise of the Town's police powers under the Municipal Home Rule
Law and Sections 130 and 136 of the Town Law for the physical well-being and safety of its
citizens and to restrict waste disposal operations within the Town in accordance with and as
allowed by Section 27-0711 of the New York Environmental Conservation Law ("ECL") be it
enacted as follows.
Section III APPLICABILITY
This law shall apply to all lands within the Town of Newfield.
Section IV PURPOSE
The Town intends by this Local Law to:
A. Restrict the operation of solid waste management facilities within the Town of Newfield
in order to promote a clean, wholesome and attractive environment for the community.
B. Protect the residents of the Town from undesirable effects of solid waste disposal
operation including:
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1. unaesthetic results, including odors, blowing litter, increased traffic, dust, and
noise; and,
2. threats to public health or the environment by contamination of air, surface water
or groundwaters; and,
SECTION V DEFINITIONS
A. Unless defined below or the context otherwise requires, the terms and words used in the
Local Law shall have the same meanings as those defined in 6 NYCRR §360-1.2
B. As used in this Law,the following terms shall have the meanings indicated:
GARBAGE
Shall include waste, food, or parts thereof, vegetable matter of any kind, or any
other matter which shall be capable of fermentation or decay or which shall give
off an odor.
INDUSTRIAL WASTE
Shall include process wastes from manufacturing, commercial or industrial
processes.
PERSON
Shall include an individual, business, society, club, firm, partnership, corporation
or association of persons, and the singular number shall include the plural
number.
REFUSE
Shall include waste metal, metal cans, ashes, cinders, glass, pottery, paper,
cardboard, rags, bottles, rubbish, wood, lumber and all other discardable
substances, other than garbage.
RESIDENT
Persons having their domicile within the limits of the Town of Newfield,
Tompkins County,New York.
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♦d
SOLID WASTE
Means any garbage,refuse and other discarded materials.
SOLID WASTE MANAGEMENT FACILITY
Means any facility employed beyond the initial solid or liquid waste collection
process and managing solid or liquid waste including, but not limited to: storage
areas or facilities, transfer stations, procession facilities; landfills; ashfills,
disposal facilities; solid waste incinerators; recycling facilities; waste tire storage
facilities, containment ponds or pools, sewage treatment plants and storage tanks
or containers, or any other facility of any kind designated a solid waste
management facility by the Department of Environmental Conservation.
TRANSFER STATION
Means a solid waste management facility where solid waste is received for the
purpose of subsequent transfer to another solid waste management facility or
landfill for further processing, treating, transfer or disposal. Transfer of solid
waste from vehicle to vehicle for the purpose of consolidating loads, as part of the
initial collection process, is not considered a transfer station provided the transfer
activity occurs along the collection route where the point of transfer changes from
day to day.
Section VI EXEMPTIONS
A. The following are not subject to this Local Law:
1. Any disposal and storage of manure in farming operations following sound
agricultural practices;but not including sewage sludge processing or spreading.
2. Operations or facilities which receive or collect only non-putrescible,
nonhazardous solid waste and beneficially use or reuse or legitimately recycle or
reclaim such waste. Such exempt facilities are limited to citizen recycling
programs, town recycling operations, composting, farming operations, town
highway operations and bona-fide salvage dealers.
3. Any solid waste management facility which has been unconditionally permitted,
constructed and is actually operating as such a permitted facility as of the
effective date of this local law shall be exempt so long as it operates under the
current terms and conditions of its operating permit.
B. None of the above exemptions shall be construed to permit any activity contrary to
existing building codes or other laws or as exempting any other permit required by state or local
law.
263163 2366034v7
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SECTION VII COORDINATION WITH STATE LAW
A. All relevant sections of Article 27 of the ECL and 6 NYCRR, Parts 360 to 364 and 617,
are deemed to be included within and as part of this Local Law, and any violation thereof shall
be considered to constitute a violation of this Local Law.
B. The provisions of this Local Law shall be interpreted in such a manner as being
consistent with state law, except that the more stringent requirements of this Local Law shall
apply.
SECTION VIII PROHIBITIONS
A. No solid waste management facility shall hereafter be constructed or allowed to
commence operation in the Town of Newfield and no permit for such construction or operation
shall be granted.
SECTION IX PENALTIES FOR OFFENSES: ENFORCEMENT
A. All violations of this Local Law or any of its regulations or provisions, shall be deemed
Class A misdemeanors, punishable by a fine not exceeding five thousand ($5,000) dollars or
imprisonment not exceeding one (1) year, or both. Each and every day that a violation of this
Local Law is permitted to exist shall constitute a separate offense.
B. Any violation of this Local Law or regulation or provision thereof shall create a liability
to the people of the Town for civil penalty not to exceed five thousand ($5,000) dollars, to be
after a hearing or opportunity to be heard, upon due-notice and with the right to specification of
the charges and representation by counsel at such hearing. Each and every day that a violation of
this Local Law occurs or continues shall constitute a separate violation for purposes of civil
liability.
C. Upon any violation of this Local Law by any person, the Town shall be entitled to obtain
an injunction against such persons prohibiting further violations and, in addition, ordering that
any solid or liquid wasted disposed of in violation hereof be removed from the Town, and
ordering that any land on which solid or liquid waste is disposed of in violation of this Local
Law be restored as nearly as possible to its former condition by the removal of any waste
illegally disposed of and by such other restorative former condition by measures as are available,
and further ordering that the operator remedy any effects of the violation of surrounding or
adjacent properties or resources, including, without limitation, air, trees, crops, water bodies,
wetlands and groundwaters.
D. The Town Code Enforcement Officer shall be responsible to receive, investigate and
enforce this Local Law to issue citation with respect to same. Any and all such citation shall be
returnable before and determined by the Town Court for the Town of Newfield.
263163 2366034v7
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SECTION X SEVERABILITY
If any part of the Local Law shall be judicially declared to be invalid, void,
unconstitutional, or unenforceable, all unaffected provisions hereof shall survive such
declaration, and this Local Law shall remain in full force and effect as if the invalidated portions
had not been enacted.
SECTION XI EFFECT ON EXISTING PROVISIONS
All ordinances or regulations heretofore adopted in relation to landfills and junk yards in
the Town of Newfield are still in force unless inconsistent with this Local Law, which shall
prevail in the event of inconsistencies.
SECTION XII EFFECTIVE DATE
This Local Law shall become effective when it is filed with the Secretary of State
pursuant to the Municipal Home Rule Law.
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New York State Department of State
Division of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza,99 Washington Avenue
Local Law Filing Albany, NY 12231-0001
www.dos.ny.gov
J (Use this form to file a 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.
❑County City ®Town ❑Village
(Select one:)
of Newfield
Local Law No. 1 of the year 20 15
A local law "Solid Waste Management Facilities Law of the Town of Newfield"
(Insert Title)
Be it enacted by the Town Board of the
(Name of Legislative Body)
❑County City ETown ❑Village
(Select one)
of Newfield as follows:
Please see attached document
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-0239-f-I (Rev.04/14) Page 2 of 4
4. (Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
(Final adoption by local legislative body only.)
jreby certify that the local law annexed hereto, designated as local law No. 1 of 2015 of
County)(City)(Ip. J])(Village)of Newfield was duly passed by the
Town Board on February 12, 20 15 , in accordance with the applicable
(Name of Legislative Body) e a PP
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village)of was duly passed by the
on 20 , and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the and was deemed duly adopted
(Elective Chief Executive Officer*)
on 20 I , in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village)of was duly passed by the
on 20 , and was (approved)(not approved)
(Name of Legislative Body)
passed after disapproval) by the on 20
(Elective Chief Executive Officer*)
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 thereon at the (general)(special)(annual)election held on
20 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village)of was duly passed by the
(Name of Legislative Body) on 20 , and was (approved)(not approved)
(repassed after disapproval) by the on 20 . Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , 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 basis or, if there
be none,the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of a town where such officer is
vested with the power to approve or veto local laws or ordinances.
DOS-0239-f-I (Rev.04/14) Page 3 of 4
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting
moon at the(special)(general) election held on 20 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
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 , above.
Kg 'Lk' Le„,--
Clerk of the county legislative body, City,Town or Village Clerk or
officer designated by local legislative body
Date: February 17, 2015
DOS-0239-f-I (Rev.04/14) Page 4 of 4
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STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA
ANDREW M. CUOMO 99 WASHINGTON AVENUE CESAR A. PERALES
GOVERNOR ALBANY, NY 12231-0001 SECRETARY OF STATE
February 26, 2015
Town Clerk
166 Main Street
Newfield NY 14867
RE: Town of Newfield, Local Law 1 2015, filed on February 23, 2015
Dear Sir/Madam:
The above referenced material was filed by this office as indicated. Additional
local law filing forms can be obtained from our website, www.dos.ny.gov:
Sincerely,
State Records and Law Bureau
(518) 473-2492
•
•
WWW.DOS.NY.GOV • E-MAIL:INFO @DOS.NY.GOV