[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:
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.[1]
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.
A.
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:
(1)
Whether he is over the age of 21 years.
(2)
Whether he is a citizen of the United States.
(3)
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].
(4)
Other facts to establish that by his experience, background
and training he is fit and qualified to operate a sanitary landfill
site.
(5)
The number, types and a brief description of machinery
and equipment which will be used in the operation of said site.
(6)
The minimum number of employees he intends to engage
in the operation.
(7)
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.
B.
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.
C.
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.
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.
B.
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.
C.
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.
D.
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.
E.
The operator will not burn or allow the burning of
any refuse or other material at the sanitary landfill site.
F.
The operator will not permit scavenging at the sanitary
landfill site.
G.
The landfill area shall be policed at the end of each
working day for the purpose of keeping said area clean and sightly.
H.
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.
I.
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.
