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HomeMy WebLinkAbout1988 #1;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 eliminated and do not use italics or underlining to indicate new matter. 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 ,_'(If additional space is needed pleas,-,- �.itach sheets of the same size as this and number earl;)"° _ - 1g n. ....+w.w�..w...r..n.,.+.r ¢w.r.xr......+w .,.....+. ,. a.,.s1 a.�.-. ,w. .o, ..+.,.. .. .y, -r... ...... Pa ae 1 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 -2- 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. -3- 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, -5- 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. -6- 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 -7- 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. -9- (,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 -10- 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. -12- (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. -13- 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". --14- (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. --15- (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 -L- 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 -18- 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. -19- 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. -20- 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.. -21- 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. -22- 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 -23- 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. -24- 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. -25- 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 -26- 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. -27- 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 Page 29