[HISTORY: Adopted by the Town Board of the Town of Batavia as indicated
in article histories. Amendments noted where applicable.]
[Adopted 7-22-1992 by L.L. No. 2-1992]
A.
The town finds that the removal of certain materials
from the solid waste stream will decrease the amount of solid waste disposed
of in landfills and aid in the conservation of valuable resources.
B.
The town finds that the New York Solid Waste Management
Act of 1988 requires all municipalities to adopt a local law or ordinance
by September 1, 1992, requiring separation of recyclable and reusable material
from solid waste.
C.
The town finds that in order to protect the health, safety,
and welfare of the people of the town it is necessary for the town to enact
this article in order to encourage and facilitate the maximum recycling practicable
on the part of every household, business and institution within the town.
D.
The town declares that the purpose of this article is
to establish and implement recycling-related practices and procedures to be
applicable to all waste generators within the town.
As used in this article, the following terms shall have the following
meanings:
A public or private facility or facilities where recyclables may
be delivered for disposal, including but not limited to dropoff centers, materials
recovery facilities, or other such public or private facilities.
Any material designated from time to time by the town, provided that
such material is not hazardous and can be reasonably separated from the solid
waste stream and held for material recycling or reuse value.
All putrescible and nonputrescible solid waste, including but not
limited to materials or substances discarded or rejected as being spent, useless,
worthless, or in excess to the owners at the time of such discard or rejection,
or which are being accumulated, stored, or physically, chemically or biologically
treated prior to being discarded or rejected, having served their intended
use, or as industrial, commercial and agricultural waste, sludges from air
or water pollution control facilities or water supply treatment facilities,
rubbish, ashes, contained gaseous material, incinerator residue, demolition
and construction debris and offal, but not including sewage and other highly
diluted water-carried material or substances and those in gaseous form, special
nuclear or by-product material within the meaning of the Atomic Energy Act
of 1954, as amended, or waste which appears on the list or satisfies the characteristics
of hazardous waste promulgated by the Commissioner of the Department of Environmental
Conservation.
The segregation of recyclable material from the solid waste stream
at the point of generation for separate collection, sale or other disposition.
Batavia, New York.
Any person, household, business, governmental agency, municipality
or other legal entity which produces solid waste requiring off-site disposal.
All persons engaged in the commercial collection, transportation
and/or disposal of solid waste and/or recyclables generated, originated or
brought within the town.
A.
Each waste generator in the town shall source-separate
recyclables from solid waste.
B.
Each waste generator in the town shall provide for the
removal of recyclables from the property on which they are generated either
through a service provided by a private hauler or by direct haul by the individual
waste generator to an authorized facility.
C.
Nothing in this article is intended to prevent any waste
generator from making arrangements for the reuse, private collection, sale
or donation of recyclables; provided, however, that such recyclables shall
not be placed curbside or at any other designated collection place on or immediately
preceding the day for collection of such recyclables.
A.
All waste haulers in the town shall offer or cause to
be offered to their customers collection, transportation and disposal services
for recyclables to the same extent any such waste hauler offers collection,
transportation and disposal services for solid waste. Such services shall
be provided on the same day(s) as solid waste pickup, transportation or disposal
services are provided.
B.
No waste hauler shall be required to accept for collection
solid waste which has not been source-separated or hazardous waste.
C.
All waste haulers must maintain records, including types
of and volume of recyclables collected, and supply such reports to the town
as often as reasonably requested by the town but at least once per year during
the month of December.
D.
All waste haulers are obligated to notify the town when
residential or commercial waste generators are not recycling.
E.
All waste haulers must register with the town upon commencing
any activity within the town. Failure to register within 10 days after notification
that they have not registered will result in a fine of $500.
The town may inspect all portions of vehicles and/or containers used
in the collection, transportation and/or disposal of solid waste and/or recyclables,
including but not limited to containers placed at the curbside of residences,
to ascertain compliance with the terms and conditions specified in this article.
A.
Failure of a residential waste generator to comply with
the provisions of this article shall result in a fine for each violation as
follows: $50 for the first violation; up to $500 for the second; up to $750
for the third; and $1,000 for each subsequent violation.
B.
During any 12 consecutive months, the failure of a commercial
waste generator to comply with the provisions of this article shall result
in a fine for each violation as follows: $500 for the first violation; up
to $750 for the second violation; and $1,000 for each subsequent violation.
C.
Failure of a waste hauler to comply with the provisions
of this article shall result in a fine for each violation as follows: $1,000
for the first violation; $2,000 for the second; $3,000 for the third; and
$4,000 for each subsequent violation.
The town shall be primarily responsible for the enforcement of this
article and collection of all fines and penalties provided herein.
[Adopted 2-16-2005 by L.L. No. 1-2005]
As used in this article, the following terms shall have the meanings
indicated:
To put down, set down, leave, dump or otherwise place material onto
or into the ground.
To abandon, leave behind, throw away, discard or place any solid
waste material in such a way that it is clear that the intention of the person
placing such solid waste is to forgo any further use of the solid waste material.
Any material used to improve the grade or use of the land.
Includes an individual, society, club, firm, partnership, corporation,
municipality, or association of persons, and the singular number shall include
the plural number.
Shall have the same meaning as that term is defined in 6 NYCRR Part
360-1.2 and 1.3, the regulations adopted by the State of New York to regulate
solid waste management facilities, and the definition as set forth therein
is incorporated herein in its entirety.
The provisions of this article shall apply to all lands within the Town
of Batavia.
[Amended 9-19-2007 by L.L. No. 3-2007]
Except as hereinafter provided:
A.
No person shall use any of the private or public lands
within the Town of Batavia as a place to dispose of or deposit solid waste.
B.
Bringing any solid waste into the Town for the purpose
of depositing or disposing of the same within the Town is hereby prohibited.
C.
Nothing contained in Subsections A and B shall prohibit any person from depositing within said Town such fill as the Town Board or its designee shall deem appropriate solely for the purpose of land improvement or the bringing of property up to grade level required by the Town of Batavia Zoning Ordinance,[1] as amended from time to time, upon the following terms and conditions:
(1)
Any person desiring to deposit on his property for the
purposes hereinbefore specified shall first make application therefor to the
Town Board or its designee on a form to be supplied by the Town. Said form
shall indicate:
(a)
The name and address of the applicant;
(b)
The name and address of the owner of the property if
the applicant is not the owner;
(c)
The consent, in writing, of the owner of the property
if he is not the applicant;
(d)
The property location at which the fill is desired to
be deposited;
(e)
The proximity of the area where said fill is proposed
to be deposited with respect to any roads, streets, highways, waterways, streams,
ponds and abutting property owners;
(f)
The purpose for which said fill is desired;
(g)
The approximate amount of fill required;
(h)
The approximate average depth of the fill that will be
deposited;
(i)
Each and every kind and type of fill intended to be deposited
on said property;
(j)
The length of time required to deposit said fill on the
property;
(k)
The time when said fill operations are intended to commence
and cease; and
(l)
Such other information as may be hereinafter required
by the Town Board or its designee.
(2)
Said application, once completed, shall be filed with
the Town Clerk, with a fee for the original application or the renewal thereof
to be set periodically by the Town Board by resolution. The Town Clerk shall
present the same to the Town Board at its next regularly scheduled meeting
or immediately to its designee. Within five calendar days after receipt of
the application, the Town Clerk shall mail a letter by first-class mail to
any adjacent property owners advising them of the application and that they
have five calendar days to file orally or in writing with the Town Clerk any
objection or comments regarding the application. The approval or consent of
adjacent landowners is not required in order to grant the application. The
Town Board or its designee may not act on said application until at least
five calendar days after mailing the notices. The Town Board or its designee
may also request additional information from the applicant if it deems it
appropriate.
(3)
Upon reviewing the application and any additional information
that it may request, together with the investigation that it may order, the
Town Board or its designee shall, within 60 calendar days after the application
has been presented to it, make a determination with respect to the same. The
Town Board or its designee may grant said application in full, deny the same
in full or grant the same in part and deny the same in part.
(4)
The Town Board or its designee, in reaching its determination
as to whether to approve said application, shall take into consideration:
(a)
Whether the fill desired to be placed on said property:
[1]
Will endanger the health, safety and welfare of the residents
of the Town;
[2]
Will cause unreasonable, uncontrolled or unnecessary
damage to the natural resources of the Town or surrounding area;
[3]
Will emit noxious odors and fumes, attract rodents and
vermin and become breeding places therefor;
[4]
Will cause or contribute to pollution of the air and
ground, surface or subsurface waters;
[5]
Is of a combustible or incombustible nature;
[6]
Is subject to disintegration and decay; and
(b)
Whether the deposition of said fill would violate any
statutes, rules, regulations or ordinances of the Town of Batavia, County
of Genesee or State of New York.
(5)
If the Town Board or its designee denies said application for any of the reasons set forth in Subsection C(4) above, it shall set forth its reasons in written form. If said application is approved, either in whole or in part, the Town Board or its designee shall issue a permit to the applicant and, in its discretion, may condition said permit and approval upon the applicant:
(a)
Completing said fill operation within a specified period
of time at the expiration of which said permit shall expire. If no specific
time is designated, the fill permit shall expire after one-year. The applicant
may renew the original permit for two additional one-year periods by payment
of a renewal fee and confirmation by the Town that the applicant is compliant
with the original permit;
(b)
Leveling said fill once depositing is completed;
(c)
Covering said fill with not less than one foot of nonorganic
material within 30 days of completing or abandoning said fill operation;
(d)
Compacting said fill as the same is deposited if said
compaction is deemed necessary for health and safety reasons; and
(e)
Filing a performance bond running to the Town in an amount
not to exceed $5,000 to insure faithful compliance with the conditions upon
which said permit is issued.
(6)
In addition to the penalties set forth in § 198-13 of this article, the Town Board or its designee shall revoke the permit of any person who violates any of the terms of the permit issued to him pursuant to this article.
(7)
Where any land has been filled to a depth greater than
three feet, the Town Clerk shall keep a permanent record of such fill and
the location thereof . Any person may request a search of said record to determine
if there has been any deep fill placed on any property within the Town, in
accordance with the provisions of this article.
(8)
The applicant will allow the Town to make any interim
or final inspections to monitor compliance with this article.
Residents of the Town may use lands which they own or occupy for residence
or farm purposes for the ordinary and usual purposes of disposing of solid
waste normally resulting from the use of said lands by the owners thereof
for household or farm purposes only.
The Town sanitary landfill located on Kelsey Road in the Town has been
closed and is maintained pursuant to an administrative order on consent with
the New York State Department of Environmental Conservation. There shall be
no further use of the Town sanitary landfill, and any existing local law,
ordinance or regulation permitting the use of the Town sanitary landfill is
hereby repealed.
Any person violating any provision of this article shall be guilty of
an offense and upon conviction thereof shall be punishable by a fine not exceeding
$250 for each offense or by imprisonment in the county jail not exceeding
15 days, or by both such fine and imprisonment. Every day of such violation
shall be or may be a separate offense.
All Town laws or ordinances or parts of Town laws or ordinances inconsistent
herewith or contradictory hereto are hereby revoked.
If any clause, sentence, paragraph or part of this article shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment
shall not affect and impair or invalidate the remainder thereof, but shall
be confined to the operation of the clause, sentence, paragraph, section or
party thereof directly involved with the controversy in which judgment shall
have been rendered.
