[Adopted 4-17-1969 as L.L. No. 2-1969]
By the element of this Article, the Town Board of the Town of Schodack declares its intent to be to regulate the operation within the town of refuse disposal areas known as "sanitary landfill sites" and to prohibit the dumping of refuse in this town except at such sites. The dumping of refuse, garbage and rubbish, unless under proper control, are likely to constitute a hazard to the health and safety of the residents of this town. It is the intent of this Article to prohibit the operation of refuse disposal areas in the Town of Schodack except with the express consent of the Town Board given under such conditions as will reasonably protect the public health and safety.
Unless the context specifically indicates otherwise, the meaning of terms used in this Article shall be as follows:
- DISPOSE (and its derivatives)
- To dump, deposit, throw or throw away by a person or by another with the consent or approval, active or passive, of a person in a position to control or prevent the same.
- A person who shall operate a sanitary landfill site for which a permit is granted hereunder.
- Any individual, firm, company, association, partnership, society, corporation (municipal, public, stock or nonstock) or group.
- Includes any one or more of the following: garbage, trash, rubbish demolition material, used building material, soil, gravel, stone, trees, stumps and any other similar used or waste material.
No person shall receive or accept for disposal or deliver, dump or offer for disposal any refuse on any land or at any location, site or area in the Town of Schodack unless such land, location, site or area is a sanitary landfill disposal area approved by the Town Board, by resolution duly adopted.
Any person who shall desire and intend to establish, operate and maintain a sanitary landfill in the Town of Schodack shall execute under oath an application therefor which shall contain the following information:
Whether he is over the age of 21 years.
Whether he is a citizen of the United States.
Whether he has ever been convicted of a crime [and if a corporation, the names of the officers and directors and whether they are over 21 years of age, whether they are citizens of the United States and whether any of them have ever been convicted of a crime].
Other facts to establish that by his experience, background and training he is fit and qualified to operate a sanitary landfill site.
The number, types and a brief description of machinery and equipment which will be used in the operation of said site.
The minimum number of employees he intends to engage in the operation.
The name and address of the owner or owners of the land upon which the operation will be conducted and, if the applicant is not such owner, the nature of his right of occupancy of such land.
At the time of making the application, the applicant shall file with the Town Clerk a map or plan of the land which he intends to operate a sanitary landfill site if granted permission therefor, showing the position of any buildings on such land, of any streets or highways abutting or passing through such land and of any municipal facilities or public utilities and easements therefor within 500 feet of the boundaries of said site.
Also at the time of making the application, the applicant shall file with the Town Clerk a statement by a civil engineer, duly licensed by the State of New York, stating that he has examined the soil conditions of the land where the operation of the sanitary landfill site is proposed and that the same is composed of at least 50% loam or sand or a combination of both and that there is not over 20% clay soil or rocky soil present. Such statement shall also contain an expression of opinion on the part of the engineer that the proposed sanitary landfill operation will not disturb the general drainage pattern of the area so as to adversely affect adjacent landowners and that such operation will not cause the pollution of any adjacent stream, lake, pond or other body of water.
Upon receiving such application, the Town Board shall hold a public hearing upon such application, at which all persons having an interest in the subject matter of the application may be heard. Notice of such public hearing shall be given by publishing the same at least once in a newspaper circulating in the Town of Schodack and by posting the same on the bulletin board at the office of the Town Clerk, both at least 10 days prior to the date of such public hearing. After such public hearing, the Town Board shall make a determination by resolution as to whether it is in the public interest to grant such application, and if a determination to grant such application is made, the resolution shall contain the regulations prescribed in § 137-6 hereof and shall also contain such other and additional terms and conditions as the Town Board shall determine to be reasonable necessary to protect the public health and safety. Such terms and conditions may provide that it shall be unlawful to receive or accept for disposal or deliver, dump or offer for disposal any refuse collected outside the geographical limits of the Town of Schodack.
A person who shall operate a sanitary landfill site for which a permit is granted hereunder shall be responsible for the operation and management of said site.
The operator shall post at the entrance gate of the sanitary landfill area a sign stating the hours of the day during which refuse will be accepted for disposal. No refuse may be accepted outside of such stated hours, during which time the entrance gate will be kept closed and securely locked. The closing hour shall be early enough in the day to allow for the complete covering of all refuse delivered for disposal during the day.
The operator, shall by the use of signs or guides cause all refuse during a single day to be delivered at one designated spot or location in the sanitary landfill area.
The operator, by the means of a bulldozer or other type of earthmoving equipment equipped with crawler treads, not wheels, shall compact or iron out the refuse deposited until it is smooth and level and all the larger objects or material are crushed and the entire mass is blended. Thereafter, the operator shall spread a fill or cover of soil over the compacted refuse and compact the same and add to it until the soil fill or cover is at least six inches thick, compacted uniformly over the refuse. This process shall be completed at the end of each day's operation so that no refuse is left exposed and uncovered overnight and the entire area is sealed by the earth cover. When an area has been completely filled and the operator moves to another area in the sanitary landfill site, he will place a final or top layer of soil fill at least two feet thick compacted uniformly over such entire area.
The operator will not burn or allow the burning of any refuse or other material at the sanitary landfill site.
The operator will not permit scavenging at the sanitary landfill site.
The landfill area shall be policed at the end of each working day for the purpose of keeping said area clean and sightly.
Each operator shall post a bond in an amount to be determined by the Town Board to guarantee the performance of the requirements of this Article.
Any peace officer, Town Clerk or the Town Board, or any of its representatives, shall be granted access to any sanitary landfill sites permitted hereunder to inspect the same for compliance herewith.
Any person who violates any provision of this Article shall, upon conviction thereof, be subject to a fine not to exceed $250 or to imprisonment for a term not to exceed 15 days, or both. Each week that a violation continues shall be deemed a separate offense. The town may also maintain an action or proceeding, in a court of competent jurisdiction, to compel compliance or to restrain by injunction any violation of this Article, and these remedies shall be in addition to penalties otherwise prescribed by law.
This Article is not intended to supersede or conflict with any state laws, rules or regulations relating to the disposal of any waste materials of any kind. In the event that any state law, rule or regulation is more stringent than the provisions of this Article, the more stringent provision shall apply and shall be used by the Town Board when determining if a permit to operate a sanitary landfill shall be granted.