It is hereby determined by the City Council
that the filling of land areas located on private property within
the City involves the safety, health and welfare of the City at large;
that many times owners and others have used combustible, unsuitable
and unsanitary materials to accomplish such landfill, thereby creating
fire hazards dangerous to life and safety of the citizens of the City
and dangerous to nearby property, creating health hazards by attracting
rodents, vermin and disease-bearing insects, endangering the health
and well being of those living in the vicinity and creating unsightly
and squalid areas which diminish the assessable value of other real
property in the locality and detract from the desirability and possibility
of anyone purchasing, improving and adding to the value of surrounding
vacant land. This article is intended and designed to eliminate such
hazards and such devaluing conditions.
All solid wastes originating within the City,
except garbage, rubbish, dead animals, sewage solids and hazardous
refuse shall be allowed to be disposed of in an approved private disposal
site within the limits of the City of Troy.
A.Â
It shall be unlawful for any person to fill or to
cause to be filled any land within the City limits without obtaining
a permit from the City Clerk.
B.Â
In order for a permit to be issued for operation of
a private landfill, the person must do the following:
(1)Â
File an application with the Commissioner along with
a plot plan, describing the boundaries of the proposed landfill site,
the existing and proposed final contours of the site, the proposed
drainage and utilities on the site, the source and type of fill material,
the proposed method of transporting the fill, and the method of compacting
and covering the solid waste daily.
(2)Â
The applicant must submit adequate proof of ownership
of the proposed site.
(3)Â
The applicant must also submit evidence of approval
of the site by the Rensselaer County Health Department.
(4)Â
The application will then be sent to the Troy City
Council for final approval.
(5)Â
If the City Council approves the application, the
applicant must then pay the City Clerk a $5 fee before the permit
is issued. This permit for the approved site shall expire on December
31 of each year and may be renewed by the applicant for a $5 fee and
by filing an affidavit stating that the landfill is being run in accordance
with the provisions of the original application and with the provisions
of this article.
C.Â
The person who is issued the permit will be responsible
for the proper operation of the private landfill site.
D.Â
If, after the issuance of such a permit, the person
holding the same violates the provisions of this article, the Commissioner
may forthwith revoke any such permit heretofore issued.
A.Â
Nothing herein contained shall prevent the City of
Troy from operating or entering into contracts, leasing or licensing
agreements with any person for the operation, use or management of
landfill operations on City-owned lands within the limits of the City
of Troy.
B.Â
The normal use of gravel fill and top soil originating
from outside the City shall be permitted for landfill use within the
City without the necessity of obtaining a permit.
A.Â
All private solid waste disposal sites shall comply
in every detail to the standards set forth in this article and with
all applicable federal, state and county laws.
B.Â
All private solid waste disposal sites shall be operated
as sanitary landfill and thus be covered with at least six inches
of gravel at the end of each day.
C.Â
The final covering for surface and side slopes for
each finished section shall be maintained at a compacted depth of
24 inches of earth.
D.Â
After the active period of the filling operation is
completed, maintenance programs shall be continued, including necessary
seeding with grass cover or other shrubbery vegetation, until the
fill has become stabilized, so as to insure prompt repair of cracks,
depressions and erosion of the surface and side slopes. Also proper
drainage must be maintained at the private disposal site during and
after completion of the landfill operation.
E.Â
The private disposal site shall be visited by City
officials on a regular basis to inspect the operation.
