HomeMy WebLinkAbout1988 #1 Regulating Solid Waste Management Facilities;Please Use Ilii:;. Form for Filing your L ocad Law wi!1i the Secretary of State)
Text of law should be given as amended. Do not include matter being
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t r� VI TOWN OF GRO �N
V L
'own ............................................................................................................................
Local Law No.....................I..................................... of the year 19 ............
lc al �a�*� ......REGUL :TING.. SOLID WASTE MANAGEMENT. FACILITIES .............
(Insert title)
rle it: enacted bar the..........................................AWN BOARD.........................._..............................................
of the
(Name of Legislative Body)
WZ
)Y f TOT,,,'N 0E GRO TON
.
o............................................................................................ as follows.
IAM&
Section 1. Legislative findings and purpose.
The mown Board finds that solid waste is a deleterious
substance; that improper1.7 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 there-
. ,
f_or; that the burning of solid waste causes siiioke and o:*,-idized
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, irrevers-
ible or incapacitating illness; that solid cause or sicg-
nificantly contribute to a substantial present or potential
hazard to hurlan health or the environment when improperly
reated, stored, transported, disposed or otherwise managed; that
municipal sludge is a product of residential, commercial and
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industrial users and contains pathogens, chemicals and other sub-
stances from these users, some of which alone or in COI1lbinat10r1
are dangerous; that such substances may include PCBs, pesticides,
solvents, flame retardants, carcinogenic materials, asbestos,
viruses, mercury, Cadmium,. nickel, copper, lead, chromium, Linc,
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 ais-
posal regulations
for these and other hazardous substances;
that
currently t:h'ec,e exists a difference of opinion among
experts
as
to whether it can
be dangerous for humans to consume
crops
groan
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
To,7n' s manpower and financial resources are such that the Town
,,Quid have serious difficulty regulating and monitoring the dis-
posal of solid waste generated or originating outside of the Town
while striving to effectively regulate and monitor that which is
generated %,� d.thin the Town; that the inability of the 'Down to
regulate and monitor the disposal of solid waste corning into the
Town from outside sources could result in serious health problems
for To; -)n
residents
and er, v i ronmental damage to
property
within
the Town;
that the
purpose of this local law is
Lo
protect and
preserve the health, safety and 'welfare of the residents of the
Town by regulating solid 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 HOTne
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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 land for the grazing of dairy cows or other ani-
mals 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, concrete and other masonry mate-
rials, soil, rock, lumber, road spoils, paving materi-
als 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 facil-
ity. Each solid waste management facility located on
non-contiguous parcels of land shall constitute a sepa-
rate facility.
GARBAGE -- Putrescible solid waste, including animal and
vegetable waste resulting front 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.
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HAZARDOUS WASTE - A solid waste or combination of solid
wastes which, because of its quantity, concentration or
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 signif-
icantly contribute to a substantial present or poten-
tial 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, poison-
ous, radioactive, irritating, sensitizing or infec-
tiOUSr and shall include wastes that are solid, semi-
solid 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 pro-
cesses, including but not limited to factories, pro-
cessing 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.
NYCRR - New York Codes,. Rules and Regulations as they
exist upon the effective date of this local law and as
may thereafter be amended.
PERSON - Any individual, public or private corporation,
political subdivision, government agency, department or
bureau of the state, municipality, industry, copartner-
ship, association, firm, trust, estate or any other
legal entity.
PROCESSING FACILITY - A combination of structures,
machinery or devices utilized to reduce or alter the
volume, chemical or physical characteristics of solid
waste through processes such as baling or shredding
prior to delivery of such waste to a resource recovery
facility, sanitary landfill or incinerator, and
excludes collection vehicles.
RESOURCE RECOVERY FACILITY - A combination of struc-
tures, machinery or devices, utilized to separate, pro-
cess, 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, aban-
doned vehicles, agricultural waste, industrial waste,
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commercial waste and construction and demolition
debris.
SOLID 'BASTE MANAGEMIMT 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; treat-
ment facilities; processing facilities, including
resource recovery equipment or other facilities to
reduce or alter the volume, chemical or physical char-
acteristics of solid waste; sanitary landfills; plants
and facilities for composting, compacting or pyrolyzing
solid wastes; incinerators; landspreading facilities;
secure land burial. facilities; industrial waste pro-
cessing or disposal facilities; and storage areas
associated with any of the foregoing.
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 arti-
ficial, public or private.
TOWN - The Town of Groton. Whenever this local law
refers to any action which is to be taken or authorized
by the "Town", the provision shall be deemed to refer
to the Town Board unless otherwise specified.
TRANSFER STATION -- A corrnbi nation of structures, machin-
ery or devices at a place or facility where solid waste
is taken from collection vehicles and placed in other
transportation units for movement to another solid
waste management facility.
TREATIMENT - Any method, technique or process, including
neutralization, designed to change the physical, chemi-
cal or biological character or composition of any solid
waste to neutralize such waste, recover energy or mate-
rial resources from the waste, to render such waste
safer to transport, store or dispose of, or amenable
for recovery, storage or reduction in volume.
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Section 3. Exemptions.
The following solid waste management facilities are
exempt from this local law:
A. Disposal areas for solid waste gener-
ated from a one- or two-family residence or from a
farm, when such wastes, other thay.-)A 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, pro-
vided 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 manage-
ment facilities. Any person who owns, designs, constructs, ma -in -
tains or operates any facility shall do. so in conformance with
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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 permit-
ted 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 permit-
ted 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 deter-
mine.
(5) Blowing papers and litter shall be
confined to refuse holding and operating areas by fenc-
ing 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 con-
trolled by effective means so that they shall not con-
stitute nuisances or hazards to health, safety or
property.
(7) On-site roads used to transport solid
wastes shall be kept a nc safe at all times and
shall be maintained and kept in good repair at all
times.
(8) Safety hazards to all persons on and
near the facility shall be rn,inimized to the greatest
extent, possible.
(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 proce-
dures 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.
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(,I)
(11) AdequaL..- 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 ex-tinquished immediately.
The facility shall a 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, i-ned, operated
and
controlled.
e minimum horizontal distance
between a solid waste management facility and the
I follows:
f eature 1 isted below sha-11 be as
FEATURE
Property L i
Residence or Place of Business
Potable Water Well or Supply
.A-
S t ream o r C' ) t h e, r Body of W a t--, e r
Drainage Swale
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DILSTANCE IN FEET
200
2,000
1,000
000
100
(16) Hazardous wastes shall not be
accepted, stored or deposited at any solid waste
4 n
management facility -I- 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 for -Ms acceptable to or pro-
vided by the Town shall be submitted _Ltted 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, respective -y.
The reports shall show income, Operating expenses,
other ex-Qenses, 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 so --',Id waste deposited.
(18) A proposed pian of Operation for each
.L.
facility shall be filed v7it-h the Town which shall
include, in addition to any other item: whIch Lhe Town
may require, the following: the property boundaries of
the facility;
property li,I-),-nS OF all properties immedi-
ately adjacent thereto; e:,I-isLing and proposed struc-
tures 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{0001 feet of the boundary of the
facility; location of a1.1 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 Survey datum) as they existed
within the facility prior to the commencement of opera-
tions 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 than one
(1) inch equals one hundred (1.00) 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.
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(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 facilit1r shall be maintained to operate
ef e C t 4
f -1-vely. Contingency plans approved by the Town
for emergency situations shall be implemented in accor-
dance with the tei--rqs of those Qlans.
(20) The owner of: each solid waste manage-
ment 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 con-
cerning the extent of such use may be obtained from the
Town or the New York- State Department of Environmental
Conservation.
B. Requirements for solid %��asLe management facili-
ties other than landspreadIng facill t J_ e S All solid wastes
management facilities located in the Town other than
landspreading facilities shall be designed, constructed, ,-Liain-
tained and operated in compliance with 6 N'YCRR Part 360.8(i)) and
Section 4A of this local law.
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C . Requirements for landspreading facilities. All
landspreading facilities located in the Town shall be designed,
constructed, maintained and operated in compliance with 6 NYC! -),R
Part 360.8(b)(3), Section 4A of this -local lay �0
L . and, in addition,
with the following requirements. Where conflicting requirements
exist, the more stringent shall apply:
(I-) Any land which is used for a
landspreading facility shall not thereaf ter be used for
a g r i c 14?1--ure until such time as the r2o%,n Board receives
certification in writing from ain independent profes-
sional engineer licensed 'Dy the Sta-te of New York that
the content in said OF soil
I A-- p�1C_1-),ogers, heavy metals and
other substances known to be harmful
to humans is
T_
within limits established at t-ii�ne of said cr,_--rti f_
cation by the New York State Department of Environmen-
tal Conservation. In no event shall such land be used
for agriculture until at least eigh,11--ee.T-1
( 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 I.east equivalent to
that defined in 40 CPR (Code of Federal Regulations)
2536,. a "Process to Significantly Redluc_e Pathogens".
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(3) In addition to the requirements con-
tained in Section 4A(18) of this local law, a C-'1eta1--'L,,1z2d
soil analys--;.-s shall be provided for each facility,
including the types and classifications of soil
present,. the PH levels o -If their plow layers, and the
ambient levels of each of the following substances:
mercury, cadr,.iium, nickel, copiper, lead, chromium, z inc,
total r -C -P -,s
pathogens and other toxic substances and
such other tests as Board may require.
(4) In order 'L -,-o reduce the possibility of
runoff or off-site contamina-t-ior, only dewatered sludge
With a minimum solid col-Itent of t--��7enty (20%) percent
shall be allowed to be -11-andsprec-Ld. Landspreading shall
not be permitted in an area wltl-i a slope in excess of
six (6o) percent or on any area where bedrock lies -'Less
than three (3) feet below the ground surface.
Landspread materia -1 shall not be deposited on snow,
frozen or saturated groun.d or during periods of rain.
(5) Sludge or sewaq,-2-, storage lagoons shall
not be permitted.
(6) In order to reduce or eiii,,-iinate odors,
4
all sludge shall be Mco-rporat-ed into the soil by
-Ii
5:00 -p.m. the same day it is applied by means of plow-
ing, discinq, injection or other acceptable method.
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(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 irianner which would allow it to drain or
become washed into any body of water, stream., or sur-
face water drainage swale or facility.
(8) LandsiDread material shall not be
allowed to come into direct contact with agriculture
produce '-_I-.at will be consumed by humans or domestic
j')Ij _ facility * ty sha' 1 be
livestock. �_�bl � c access to each facill i
controlled for at -least twelve (12) months after each
application of material. At a .1'11L.nimum signs warning
the public of the use of t1ie site as a landspread-ing
facility in size and coi-',IL-enI[_- acceptable to the Town
shall, be posted around the perimeter_ of the site al: an
interval of no less than two hundred (200) Leet.
(9) Sludge shall be tested for pathogens,,
heavy metals and other substances known to be harmful
to humans at such frequencyf both prior to and subse-
quent to spreading, but in any event at least quar-
terly, as shall be determined by the Town Board giving
due regard to tl,-ie source of the sludge, the size and
location of the facility and the quantity of sludge
being spread.
(1-0) Soil testing and ground water and sur -
race water monitoring for heavy metals, pathogens and
other substances 11--Inown to be harmLu'l 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 -shed by the Town Board giving due regard to
criteria listed in paragraph (9) above.
( -1.1) t. -o C -Any lac-idspreading, the areas
to he landspread shall be surve-eyed by a land surveyor
licensed by the Sta"--e of New York, and the boundaries of
said areas stall�ed at all corners thereof and otherw-i---DQ--
at intervals of 500 feet.
(12) In addition to the --reports required by
Section 4A(17)1 the owner or operator of each
-I
landspreading facility P, shall, U - i n g the time 04P
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landspreading activities and for the period en ding
eighteen (18) months therea-Iff-fter, submit quarterly
reports to the Town Board sho,,iing the following infor-
mation for each such facility: quantities of materials
spread, amount of acreage used, types of crops or vege-
tation planted and harvested, identity of person (.-o
whom said crops are sold or transferred and ult-irc,Lat-le
use or destination of said crop -s.
-] 7-
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 oper-
ator thereof and by the operator of the facility for the presence
of mud or solid waste on the e-_xterior of said vehicle or the
wheels or tires thereof, and all such i',iud and solid waste shall
be removed therefrom before the vehicle leaves the facility.
Section 6. Permit required.
r 4
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 hearing. No permit authorized by this
_r until 1
local law shall be issued for the first time un _L after a public
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hearing by the Town -Board in relation thereto, at which parties
in interest and citizens shall have an opportunity to be heard.
Public hearings shall not be held on rene�,,7als or amendments of
permits previously issued under this local law unless the facil-
ity 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 follow-
ing procedures:
APPLICI�TION: The owner of the pro-
posed facility shall apply to the Town Board by filing
with the Town Cle_rlft a full Istat,(,--_nLen,-t- of a proposed plan
n
4
of operation, including the items set forth -I-SecIL-lon
4A(18) of this local law, propose -d phasing of develop -
me n t m ntal impact stat proposed
enva-ror'r e t and a propos
plan of - corrective or remedial act_*Lon to be taken in
the event of air or surface or ground water contamina-
tion, or the spill or re -II -ease of solid waste on or into
any off-site public or private -property, surface water
or highway, accompanied with a requ,.:---sf-- for approval of
the proposed action.
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SCHEDULING CF PUBLIC HEARING: Within
forty -11 -five (45) days of receiving a completed applica-
tion under this local law the Town Board shall schedule
a public hearing. The Town Board may schedule addi-
tional_ public hearings if it chooses.
(3) CONSULTATIONS: The Town Board may in
its discretion refer the application to county,
regional or state agencies and to private engineers and
consultants for their review and comment, and may also
require additional tests or environmental studies,
which shall be paid for by the applicant, to assist the
Town Board in evaluating the proposed action.
(4) ADVERTISEMENT OF PUBLIC HEARING.: The
time and place of the public hearing shall be adver-
tised in the official paper of the Town at least twenty
(20) days prior to the date o -L" -"r -
the hearing. The Town
Board may also post the site of the proposed action and
use other means to advertise th>e public hearing.
I- .
(5) DECISION: Within sixty (60) days
the Town Board shall
after the final public hearing
render its decision: approval, approval with modifica-
tions and/or conditions, or disapproval.
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D. Criteria. The Town Boarc-1, in rendering its deci-
sion, shall consider the following:
(1) The overall impact of the proposed
action on the community;
(2) Adequacy and arrangement of vehicular
traffic access and circulation, including intersec-
tions, road widths, pavement surfaces, dividers, and
traffic controls;
(3) Adequacy, type,, and arrangement of
trees, shrubs, and other landscaping constituting a
visual and/or noise buffer between the applicant'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..
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E Permits and renewals thereof. Permits may be
issued ol-
.L amended by the Town Board upon compliance by the appli-
cant with the provisions of this local law and subject to any
reasonable condiL-ions imposed by the Town Board. The or 19 1 r', a- i
permit so issued shall remain in effect for one year following
grant of the permit. I Permits may be renewed thereafter for
successive one year periods upon filing an application 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 -Lons 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 an additional bond
or security in an amount app -Coved by the Town Board as sufficient
to ensure compliance with this local- law and any conditions
established by -',--he Town Board.
F. Permit fees. The permit fee shall be Five Hun-
dred ($500.00) Dollars and shall be paid at the time the applica-
tion 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 noLd-ce of hearing on such application
and may make the issuance of,t*I_Ie Permit conditional upon payment
of same.
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C Revocation or suspension. If any officer or
authorized representative or employee or
the Town finds that any
facility permitted hereunder is not being operated in accordance
with the provisions of this local law, including any conditions
established 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 o1 such order. If S,,_,1c1h conditions are not
corrected after the expiration of said five-day period, the Town
Board may serve a notice in writing upon the holder of said per-
mit- 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 sald Town' Board shall find that said
facility is not being operated in accordance with the provisions
of this local law, or for other sufficient cause.
Section 7. Undertaking required to ensure compliance.
-e management facility
The owner of every solid wast -1
shall furnish the Town with an undertaking, executed by one (1)
or more sureties satisfactory to the Town, or in the focin of
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cash, in an amount sufficient to reimburse the Town against any
damages or e.".penses 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 contamination of adjacent or nearby proper-
ties, 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 amoui--),i-- 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. So --'.-id waste originating ouLsIde Town.
No person shall transport., import or bring into the
r_-II_'ov7n, or cause or permit to be transported, imported or brought
into the Tov7n,, 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 origi-
nated 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 receiver solid waste originating or
generated outside of the Town.
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Sect -ion 9. Effect ciff non comllpl lance.
No solid waste management facility which violates 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 nui<_--,.ance.
Sect -Ion 10. Inspections.
Every solid waste management -Facility shall be subject
to periodic inspections without notice. The owner and operator
of each such facility shall allow on-site inspection -,thereof upon
demand by any officer or other dully authorized employee or repre-
sentative o -L" the Town and shall, as a condition to obtaining a
`
permit w under this local laexecute written permission giving
effect to this provision.
Section 11. Crilainal penalties; enforcement .
A. Any person who violates any provision of this
local law shall be guilty of a Class A misdemeanor and shall be
punished by such fine or imprisonment, or both., as shall_ be pro-
vided by the New York State Penal Law. Each day of continued
violation shall be deemed a separate violation of this local law.
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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 instrument, in the manner provided by the Criminal
Procedure Law of the State of New York, or by any pertinent ordi-
nances 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 remedJ.es .
I,othing in this local law shall be deemed to impair or
diminish any cause of action or remedy which the Town rriay have
under any other local law, under any statute, ordinance or -regu-
lation or under the common law; provided, however, that in the
case of a conflict, those terms or rules of law shall control
which are ii -,Lore restrictive upon the solid waste management facil-
ity. 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
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all expenses incurred by the Town in connect -Ion with the proceed-
ing, including the reasonable attorneys' fees of the To��,,n in con-
nection therewith.
Section 14. Severability.
I
If any clause, sentence, paragraph, subdivision, sec-
tion or part of this local law shall be adjudged by any court of
competent j,,_irisdictio_n to be invalid, such judgment shall not
affect, impair or invalidate the remainder thereof but shall be
confined in its operation to the clause, sentence, paragraph,
subdivision, section or part thereof directly involved a -.n the
controversy in which such judgment is rendered.
I
Sect -Ion 15. When effective.
This local law shall become effective immediately upon
its t -s fill -ng with the New York Department of State.
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W
(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.)
(Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. .................. of 19........
County
of the City of ...................................... was dill passed b the...................................................................................
Town y � �'
Village (Name of Legislative Body)
on
................................................ 19........ in accordance with the applicable provisions of law.
'. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,*
or repassage after disapproval.)
I hereby certify that the local law annexed hereto, designated as local law No.....................of 19... 8.
XIXLX Y
Of the nx9c of ........GROTON................ was duly passed by the ......................TO.W..BD.AIS....................................
Town, y
(Name of Legislative Body)
on ....... MARCH...1-.4.......................19.88.. and was approved by the .................................
Mp- Elective Chief Executive Officer
anal was deeitled duly adopted on .............. MARCH 1�: 19.88. , in accordance with 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 19..........
County
ofthe City of ...................................... was duly passed by the......................................................................................
Town (Name of Legislative Body)
Village
not disapproved
on...................................................19........ was the ...............................................................
' s approved by
repassed after disapproval Elective Chief 1�xecutive 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 adaption because no valid petition filed requesting
referendum.)
I hereby certify that the local law arillexed hereto, designated as local law No. .................. of 19..........
County
qty
Of the Ciof...................................... was duly passed by the ......................�..........................Oil n (Na�eof Legislative Bod
Village not disapproved
...................................................... 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
..................................................................... 19........, in accordance with the applicable provisions of law.
*Electsve Chief ExecOfficer mearis or inc udes the ;j ie f officer of a county ellected on a coup y-yvi€ e basis
or, . tl� •e be none, e chairman o the county le Iati�re bo ly�, the imyor off' a city or village or the supervisor of a town,
where such officer is Yes►ed v,ft x --,:)o.wer to appro)fe or veno laws or ordinances.
. .x'•`> ...•":-�Aw�<Ri'���'9"�'k7:'.:.�'+�Aid'�dsY.li`$�&F:'��'a'Fv.��!"�M"i���.�N'�1�''%'�"'°n'..
• 1r
5. (City local law concerning Charter re -vision proposed by petition.)
I hereby- certify- that the local law annexed hereto, designated as local law No ..................... of 19........
of the City of.......................................................................... having been submitted to referendum pursuant tot e
provisions of § 36 of the. Miunicipal Home Rule Law, and having received the affirmative vote of a majority
§-37
of the qualified electors of such city- voting thereon at the special everal election held on ..................................
g
................19 ............ 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 19...... of the
County of ......................................... State of New York, having been submitted to the Electors at the
General Election of November .........., 19 .........., pursuant to subdivisions 5 and 7 of Section 33 of the Muni-
cipal 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 of 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.) .
p" 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 ..........2 ............... above.
Clerk of the County legislative body, City, Town or Village Clerk or
officer designated by local legislative body
Date: MARCH 14, 1988
� (Seal).
•�A�� / ,��"�'o' w"'�i� • . tee..
(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..........TOMPKIlN...........................
I, the undersigned, hereby certify that the forego' g loc law contains the correct text and that all
proper proceedings have been had or taken for the en ct en/If t le11�kyl law annexed hereto.
Date: MARCH 14, 1988
�OR, G , , , , TAYLQR, , WO IWY A .ARMSTRONG
Signature
TO
.. ... ATRNEYS . (R4TAINED) , ...........
Title
U4c
F of ........... GROMN............... I .......................
Town
WW
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