[HISTORY: Adopted by the Town Board of the Town of Warwick 4-23-1979 by Ord. No. 79-1 (Ch. 73 of the 1973 Code). Amendments noted where applicable.]
Rubbish and littering — See Ch. 120.
A clean, wholesome and attractive environment is declared to be of importance to the health and safety of the inhabitants of the Town of Warwick. It is further declared that the operation of solid waste management facilities and the collection of solid wastes by private carters are activities which may endanger the health and safety of Town residents and may have a deleterious effect on the environment. The purpose of this chapter is to regulate and license solid waste management facilities and private carter of solid wastes.
As used in this chapter, the following terms shall have the meanings indicated:
- Any person who operates a private business involved in the collection of solid wastes for disposal in a solid waste management facility.
- Putrescible solid waste, including animal and vegetable waste resulting from 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.
- 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 significantly contribute to a substantial present or potential 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, poisonous, radioactive, irritating, sensitizing or infectious and shall include wastes that are solid, semisolid, liquid or contained gases.
- INDUSTRIAL WASTE
- Wastes in liquid, semisolid or solid form that result from industrial or commercial processes, including but not limited to factories, processing plants and repair and cleaning establishments, which wastes include but are not limited to sludge, oils, solvents, spent chemicals and acids.
- Liquid which has percolated through solid waste.
- The person who is responsible for the operation of a solid waste management facility.
- Any individual, public or private corporation, political subdivision, government agency, department or bureau of the state, municipality, industry, copartnership, association, firm, trust, estate or any other legal entity.
- The accumulated semisolid suspension of settled solids deposited from wastewaters or other fluids.
- SOLID WASTE
- Materials or substances discarded 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 substance 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, abandoned vehicles, agricultural waste, industrial waste, commercial waste and construction and demolition debris.
- SOLID WASTE MANAGEMENT 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, processing facilities, including resource recovery equipment or other facilities to reduce or alter the volume, chemical or physical characteristics of solid waste, sanitary landfills, plants and facilities for composting, compacting or pyrolyzation of solid wastes, incinerators, secure land-burial facilities, industrial waste processing or disposal facilities and storage areas associated with any of the foregoing.
- The Town of Warwick.
- Lands, submerged lands and waters lying within the boundaries of the Town commonly called marshes, swamps, sloughs, bogs and flats supporting aquatic or semiaquatic vegetation.
No person, operator or carter shall dispose of hazardous or industrial wastes or sludge within the Town regardless of origin.
No person, operator or carter shall dispose of garbage or solid waste in any wetland, nor shall any disposal of such wastes or operation of a solid waste management facility result in the contamination of any wetland by leachate.
No person, operator or carter shall transport garbage or solid waste over a Town road in any vehicle which will exceed 96 inches in width. Any vehicle used for such transportation must be constructed in a manner which prevents garbage and solid waste from falling from the vehicle during transportation.
No person or operator shall operate a solid waste management facility in the Town without obtaining a license from the Town Board. A license for an existing business must be obtained within 30 days from the effective date of this chapter.
Application for such license shall be made to the Town Clerk, stating the name, residence and place of business of the applicant. The Town Board shall thereafter review the application.
The fee for such license shall be $100 for any calendar year or part thereof. Licenses are renewable annually.
Application for such license shall be made to the Town Clerk, stating the name, residence and place of business of the applicant and the number of vehicles to be used.
[Amended 6-23-1988 by L.L. No. 1-1988]
The fee for any such license shall be as set forth in the Town's schedule of fees. Licenses are renewable annually.
[Amended 6-23-1988 by L.L. No. 1-1988; 6-9-2011 by L.L. No. 2-2011]
Any person who maintains or operates a solid waste management facility shall comply with the following regulations:
Records shall be kept of license plate numbers of all trucks disposing of waste materials on a contractual basis or more frequently than once a week. These records or copies thereof shall be delivered to the Town Clerk on a monthly basis. The records shall also include type of truck, quantity dumped, origin of material on the vehicle, time and date.
An attendant shall be on duty during hours when the facility is open for business.
An attendant shall monitor all incoming trucks to determine whether they contain hazardous or industrial wastes or sludge and be responsible for collection of information as required in Subsection A above.
Attendants should cooperate with the Town Engineer and the Town officials during inspections of the facility. Inspections by such officials may be at any time without notice of the operator or his attendant during the hours when the facility is open for business. The inspecting official shall provide the attendant with a letter of authorization from the Supervisor of the Town.
Operators shall be required to install buffer zones, plant trees in such zones and conform to slope, height and contour requirements at the facility as mandated by the Town Board. Any natural existing buffer zones shall require approval of the Town Shade Tree Commission.
Operators shall be required to cover and seed after the operation of the facility shall cease and shall be further required to take any corrective measures that may be required to remedy any contamination of surface or ground waters or any other condition identified as a hazard to the public health by the Town Board. Operators shall also comply with any additional requirements after ceasing operation as may be required by the Town Board.
Operators shall post a bond with the Town to ensure compliance with this chapter if so required by the Town Board. The bond shall be in an amount sufficient to cover the cost of corrective measures as set forth in Subsection F above. The Town Board shall set the total amount of the bond after reviewing all aspects of the operation at the time of license application. No license will be granted to an applicant until a bond has been posted if such bond is required by the Town Board.
All persons and operators shall comply with all laws, rules and regulations of the Town of Warwick, State of New York and the United States.
Sanitary waste management facilities shall operate only from the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, and from 7:00 a.m. until 12:00 noon on Saturdays.
Noise levels shall be governed by Section 360.8(11) of Part 360, Solid Waste Management Facilities, Rules and Regulations of the New York State Department of Environmental Conservation. No person or operator shall maintain a facility where noise levels are higher than the limits set forth in that section.
The Town of Warwick Zoning Ordinance provides that no landfill except municipally operated landfills are permitted in the Town of Warwick.
Carters shall not collect hazardous or industrial wastes within the Town unless they are for disposal in a facility legally authorized to accept such solid wastes.
Carters shall not dispose of hazardous or industrial wastes in the Town.
Carters shall comply with all other laws, rules and regulations of the Town, the State of New York and the United States.
Hours of operation. Daily hours of operation shall begin not earlier than 6:00 a.m., and operations shall cease no later than 5:00 p.m. No operations shall be permitted on Sundays.
[Added 6-9-2011 by L.L. No. 2-2011]
Any licensee who violates any of the provisions of this chapter shall be subject to the revocation of such license after a hearing before the Town Board upon public notice.
[Amended 6-23-1988 by L.L. No. 1-1988]
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense.