[Adopted 8-24-1994 by L.L. No. 3-1994]
This article shall be known as the "Solid Waste
Management Law of the Village of LeRoy."
A.
The Village Board of Trustees finds that the siting,
construction and operation of solid waste management facilities are
by their very nature potentially dangerous to the environment and
to the health, safety and general welfare of the Village's citizens.
Their operation threatens to pollute the air, cause harmful effects
to health, contaminate drinking and groundwater, give off offensive
odors, create unsightly litter and damage bodies of water providing
habitat for aquatic life.
B.
The Village Board of Trustees finds that solid waste
management facilities may create or contribute to harmful environmental
effects in the Village of LeRoy, including but not limited to:
(1)
Rail and heavy traffic bringing waste to solid waste
management facilities generates noise, dust, litter and odor. This
increased traffic requires additional road maintenance and repair
and may cause safety hazards.
(2)
The operation of solid waste management facilities
in an agricultural, commercial and residential community makes the
Village less attractive to new residents and businesses and adversely
affects the property values and tax base of the Village.
(3)
Exposure to certain substances are likely to cause
long-term negative health effects. It may be impossible or economically
prohibitive to correct these effects.
(4)
The siting, construction and operation of solid waste
management facilities are matters of community interest. Current,
accurate information regarding the siting, construction and operation
of solid waste management facilities should be available to the Village
of LeRoy and its citizens.
C.
The Village Board of Trustees further finds that solid
waste regulation under the New York State Environmental Conservation
Law is inadequate to relieve the foregoing concerns.
It is the purpose of this article to:
A.
Promote and preserve the health, safety and general
welfare of persons and property within the Village of LeRoy by regulating
and monitoring the siting, construction and operation of solid waste
management facilities within the Village of LeRoy.
B.
Protect the Village's residents from the potential
effects of solid waste management facilities, including:
(1)
Unaesthetic results, including odors, blowing litter,
increased traffic, dust and/or noise.
(2)
Deterioration in property values associated with proximity
to solid waste management facilities.
(3)
Threats to public health or the environment by contamination
of air, land, surface water or groundwater.
C.
Exercise the powers granted to the Village by the
Legislature of the State of New York pursuant to Article 27 of the
New York State Environmental Conservation Law, the Constitution of
the State of New York, the New York State Municipal Home Rule Law
and the New York State Village Law to promote and preserve the safety
and general welfare of the Village's residents.
A.
Unless indicated otherwise herein, the terms and words
used in this article shall have the same meaning as those defined
in Article 27 of the Environmental Conservation Law and the regulations
promulgated thereunder, as they may be amended from time to time.
B.
AGRICULTURE AND MARKETS LAW
APPROVED DESIGN CAPACITY
COMPLETED APPLICATION
CONSTRUCTION
DEC
DISPOSAL
ECL
NYCRR
PERSON
SITE
SITING, CONSTRUCTION AND OPERATING LICENSE
SOLID WASTE
SOLID WASTE MANAGEMENT FACILITY
VILLAGE
VILLAGE BOARD or BOARD OF TRUSTEES
As used in this article, the following terms shall
have the meanings indicated:
The New York State Agriculture and Markets Law.
The average daily tonnage to be received at the solid waste
management facility during the quarter in which the most waste is
anticipated to be received, as approved by DEC. For solid waste incinerators
or refuse-derived fuel processing facilities, or pyrolysis facilities,
"approved design capacity" means the annual rated throughput capacity
of the unit or units for treatment of solid waste as approved by DEC.
Any physical modification to the site at which an existing
or proposed solid waste management facility is or will be located,
including but not limited to site preparation (e.g., clearing and
grading, etc.).
The New York State Department of Environmental Conservation.
The placement, discharge, deposit, injection, dumping, spilling,
leaking or placing of any material into or on any land or water so
that such material or any constituent thereof may enter the environment
or be emitted into the air or discharged into groundwater or surface
water.
The New York State Environmental Conservation Law.
The New York Codes of Rules and Regulations.
Any individual, partnership, firm, association, business,
industry, enterprise, public or private corporation, political subdivision
of the state, government agency, municipality, estate, trust or any
other legal entity whatsoever.
The property geographically contiguous to a solid waste management
facility and includes the land area of that facility and its access
roads, appurtenances and land buffer areas.
That license issued by the Village Board of Trustees pursuant
to this article which allows a person to construct or modify a solid
waste management facility.
Except as described in § 360-1.2(a)(4)(i) through
(vi) and § 360-1.15(a)(b) and (c) of Part 360 of Title 6
of NYCRR, any garbage, waste tires, ash residue, refuse, sludge from
wastewater treatment plant, water supply treatment plant or air pollution
control facility and other discarded materials, including solid, liquid,
semisolid or contained gaseous material, resulting from industrial,
commercial, mining and agricultural operations, and from community
residential activities, but does not include solid or dissolved materials
in domestic sewage, or solid or dissolved materials in irrigation
return flows or industrial discharges that are point sources subject
to permit under 33 USC 1342, as amended (86 Stat. 880), or source,
special nuclear or by-product material as defined by the Atomic Energy
Act of 1954, as amended (68 Stat. 923), except as may be provided
by existing agreements between the State of New York and the government
of the United States.
Any facility employed beyond the initial solid waste collection
process and managing solid waste, including but not limited to storage
areas or facilities; transfer stations; rail-haul or barge-haul facilities;
landfills; disposal facilities; solid waste incinerators; refuse-derived
fuel-processing facilities; pyrolysis facilities; C&D debris-processing
facilities; land application facilities; composting facilities; surface
impoundments; used oil storage, reprocessing and refining facilities;
recyclables handling and recovery facilities; waste tire storage facilities;
facilities which combine, blend or mix solid waste with other materials;
and regulated medical waste treatment facilities. The term includes
all structures, appurtenances and improvements on the land used for
the management or disposal of solid waste.
The Village of LeRoy, Genesee County, New York.
The Board of Trustees of the Village of LeRoy, Genesee County,
New York.
The provisions of this article shall apply to
all land within the Village of LeRoy.
A.
The following are not subject to this article:
(1)
Any sewage treatment or bio-solid composting facility
within the Village operated by the Village or the Town of LeRoy or
the County of Genesee.
(2)
Any person, site or facility which treats, stores,
compacts, recycles, exchanges, disposes or otherwise manages solid
waste solely at the site of the initial generation of such waste or
at sites within the Town or Village of LeRoy under common ownership
or control of the same person.
(3)
Any agricultural activity exempted by the Agriculture
and Markets Law and the ECL.
(4)
Any person utilizing yard waste for compost, mulch
or other agricultural, silvicultural, gardening or landscape use on
property which that person owns and which is the source of the yard
waste.
B.
None of the foregoing exemptions shall be construed
to permit any activity contrary to existing building codes, Village
ordinances, Village laws or any other state or local law.
A.
All relevant sections of Article 27 of the ECL and
regulations promulgated thereunder, as amended from time to time,
are deemed to be included within and as part of this article, and
any violation thereof shall be considered to constitute a violation
of this article.
B.
The provisions of this article shall be interpreted
in such a manner as to be consistent with state law, except that this
article may provide more stringent regulation as is specifically recognized
and authorized by ECL § 27-0711 and may regulate acts and
activities not regulated by state law.
C.
Nothing contained in this article shall be construed
to diminish the obligation of any person to comply with other laws,
rules and regulations heretofore or hereafter promulgated by the State
of New York or any other political subdivision of the state, including
the county and the town or any governmental agency.
There shall be no storage, transfer or disposal
by any person of any solid waste in or upon any public highway, street,
place, building, stream or waterway, or body of water or upon any
private lands, or other than lands owned by that person and as specifically
authorized herein.
No person shall establish, construct, site,
modify or operate a solid waste management facility partly or wholly
in the Village of LeRoy, or receive or accept for treatment, storage,
transfer or disposal within the Village any solid waste without a
license as provided in this article.
A.
The establishment, construction, siting, modification
or operation of a solid waste management facility partly or wholly
within the Village requires a siting, construction and operating license
issued by the Board of Trustees pursuant to the provisions of this
article.
B.
The following acts are deemed to be modifications
which require a siting, construction and operating license:
(1)
Any expansion of the licensed premises or a greater
than 10% expansion of the buildings appurtenant thereto by acquisition,
purchase, lease or otherwise.
(2)
Any increase in the total quantity of solid waste
received during any quarter at the solid waste management facility
by 50% or more over the total quantity of solid waste received during
the comparable quarter of the preceding year.
(3)
Any increase in the total quantity of solid waste
in excess of the approved design capacity of such solid waste management
facility.
(4)
Any expansion of the facility by the installation
of additional processing equipment which increases the approved design
capacity of that facility or which changes the process, methods or
technology of that facility.
(5)
An expansion by a person, site or solid waste management
facility exempt from license requirements because it treats, stores,
disposes or otherwise manages solid waste solely at the site of generation
or at sites within the town under common ownership or control by the
same person, such that the person, site or solid waste management
facility now treats, stores, transfers, disposes or otherwise manages
such waste which is not generated on-site or at sites within the Village
under common ownership or control by the same person.
(6)
Any material change in the information provided to
the Village by the applicant as part of the license application.
All applications for a siting, construction
and operating license shall include the following:
A.
A completed application upon a form prescribed by
the Village Board and available from the Village Deputy Clerk, which
application shall include the full name of the person seeking the
license, whether that person is an individual, corporation, partnership,
joint venture or other legal entity. If the applicant is not an individual,
the application shall set forth the names of all parent corporations,
affiliates, shareholders (if a closely held corporation), officers,
board members, partners, joint venturers or other beneficial owners
of the entity seeking the license, the federal identification number
or social security number of the applicant and all affiliates or individuals
set forth on the applications. If the applicant is a corporation,
the applicant shall provide a certificate of good standing from the
Secretary of State of the state of incorporation, and if a foreign
corporation, proof of the filing as a foreign corporation with the
New York State Secretary of State. If the applicant is not a corporation,
or is a corporation doing business under an assumed name, the application
shall provide certified copies of all documents establishing its authority
to do business in the Village in accordance with § 130 of
the General Business Law of the State of New York or such other laws
which regulate its business.
B.
In the event that the proposed operator of the solid waste management facility is not the same person as the applicant, then all of the information required by Subsection A of this section shall also be provided with regard to the proposed operator.
C.
A complete list of all persons holding or owning any
property right in or to the proposed licensed premises other than
a holder of a secured interest in the demised premises or a holder
of a right to access the demised premises pursuant to a utility easement
granted to the Village of any governmental agency.
D.
Copies of all materials submitted to any governmental
agency, including the United States Environmental Protection Agency
and New York State DEC, by the applicant in connection with the proposed
activity or premises.
E.
If the applicant's proposed activity or premises is
subject to a permit or license by any governmental agency, including
the United States Environmental Protection Agency and DEC, a copy
of all completed applications for such permits or licenses.
F.
A metes and bounds legal description of the boundaries
of the proposed licensed premises.
G.
An instrument survey map(s) prepared by a licensed
surveyor or engineer showing the boundaries of the proposed licensed
premises, elevations in ten-foot gradients, depth and types of soil
under the proposed licensed premises, and adjacent lands within 1,000
feet of its boundaries, together with the name of the reputed owners
of such adjacent lands.
H.
An agreement of the applicant to indemnify and hold
harmless the Village, and any officers thereof, from any liability
which may result from the siting, construction and operation of a
solid waste management facility.
I.
Such other data and information which the Village
Board of Trustees may reasonably require, including an environmental
impact statement as defined in the State Environmental Quality Review
Act, if appropriate.
J.
Submission of an application to the Board of Trustees
for the issuance of a siting, construction and operation license shall
authorize the Village Board, and/or its designated agents, to enter
upon and inspect the licensed premises during the application process
and during the term of the license, if granted, for the purposes of
determining compliance with this article.
A.
An applicant for a siting, construction and operating
license shall deposit with the Village an application fee as determined
by resolution of the Village Board of Trustees. The application fee
which initially shall be no more than $50,000 is to be utilized by
the Village, as needed, to pay for all fees, costs and disbursements
incurred by the Village in processing the application, including but
not limited to independent legal, engineering and technical consultant
fees, stenographic charges and any other application process, including
SEQRA review. The application fee shall be maintained in a separate
Village fund, which funds may be appropriated by the Village Board
in accordance with the terms of this article. In the event that the
application fee is insufficient to cover the fees, costs and disbursements
incurred by the Village in processing the application, the Village
shall provide the applicant with an invoice of the fees, costs and
disbursements, and the applicant shall be obligated to pay the Village
such additional fees, costs and disbursements within 30 days from
receipt of that invoice by the Village. The Village shall return to
the applicant any portion of the permit application fee which has
not been expended, regardless of whether the application has been
approved or denied. In the event there is more than one applicant,
any refunds shall be allocated among the applicants on a pro-rata
basis as determined by the Village Board of Trustees.
B.
In the event that the applicant fails or refuses to
pay such additional fees, costs and disbursements for any reason within
30 days of its receipt of an invoice, the Village may suspend review
of the application. Failure or refusal to reimburse the Village for
expenses incurred may be a basis for refusal of the license application
or revocation of an existing license. The applicant shall be responsible
for all additional fees, costs and disbursements, including reasonable
attorneys' fees incurred in the collection of any invoiced items.
A.
Any person who proposes to establish, construct, site,
modify or operate a solid waste management facility in the Village
shall submit a completed application for a siting, construction and
operating license to the Town Board prior to commencement of any such
activity.
B.
Upon receipt of a completed application, the Village
Board of Trustees shall issue to the applicant a written notice of
completed application. The Village Board of Trustees may waive any
portion of the license application contents deemed irrelevant by the
Village Clerk. The Village Board shall hold a public hearing concerning
the license application within 60 days of the Village Board's issuance
of a written notice of completed application or such longer period
as may be agreed upon in writing by the Village Board and the applicant.
The Village Board shall conduct a public hearing on the application
after the Village Board has issued public notice of the hearing at
least 10 days prior to the date of the hearing, the applicant has
served written notice of the hearing upon all landowners contiguous
to the proposed boundaries of the licensed premises at least 10 days
prior to the date of the hearing, and the applicant has provided written
proof of such service to the Village Board. The public hearing shall
be recorded by a stenographer, and a transcript of the proceedings
shall become a part of the application. In the event that said hearing
shall not be completed in one day, the hearing may be adjourned to
subsequent hearing. The Village Board shall have the ability to incorporate
any public comments of record which have been filed with the DEC into
the record for consideration for the application. The Village Board
shall have the right to provide a copy of the transcript, or a summary
thereof, to the DEC for consideration as part of its review process.
[Amended 3-8-1995 by L.L. No. 1-1995]
C.
The Village Board of Trustees' decision to grant or
deny the license shall be based upon its review and determination
of the following issues:
(1)
Whether the applicant's proposal is in compliance
with all applicable laws and regulations.
(2)
Whether the applicant's proposal will significantly
impact, benefit or threaten the environment or the health, safety
and general welfare of the community and the Village's citizens.
(3)
Whether the applicant has demonstrated adequate contingency
plans for corrective or remedial action which may be necessitated
by factors, including any contamination or release of toxic materials
attributable to the solid waste management facility's operation, equipment
malfunctions and natural disaster or casualty, such as flood or fire.
(4)
Whether the applicant has demonstrated adequate program
for closure of the solid waste management facility, to be implemented
when use of that facility or a part of that facility permanently terminates
or is out of service for more than 60 days.
(5)
Whether the applicant, its parent corporations, affiliates,
shareholders (if a closely held corporation), officers, board members,
partners, joint venturers or other beneficial owners have complied
and are in compliance with the requirements of any license or permit
issued by any governmental agency or subdivision, and have complied
and are in compliance with all applicable laws and regulations.
D.
Within 120 days following receipt of a completed application,
or 30 days subsequent to the issuance of all permits or licenses issued
by any governmental agency in connection with the proposed activity
or premises, or such longer period as may be agreed upon in writing
by the Village Board and the applicant, the Village Board shall notify
the applicant in writing of its decision to either grant or deny the
license.
E.
In granting or denying a license, the Village Board
of Trustees shall make findings of fact and state in a written notification
to the applicant the reasons for such grant or denial, as the case
may be.
The term of the siting, construction and operating
license issued shall be determined by the Village Board but shall
be no less than one year and no more than 10 years. In those circumstances
where a permit has been issued to the applicant by DEC pursuant to
Part 360 of Title 6 of NYCRR for the proposed activity or premises,
the term of the siting, construction and operating license shall be
equal in length to the duration of the DEC permit.
A.
The Village Board may issue a license containing such
conditions and limitations deemed by the Village Board to be necessary
for the protection and preservation of the health, safety and general
welfare of the Village's residents.
B.
Every siting, construction and operating license issued
pursuant to this article shall be conditioned upon the license holder's
acceptance of solid waste exclusively from solid waste haulers and/or
transporters who possess all required permits and/or licenses from
the DEC and all other appropriate governmental agencies.
C.
All solid waste shall be transported in compliance
with required manifests, if any.
D.
Every siting, construction and operating license issued
pursuant to this article shall require the license holder to submit
simultaneously to the Village copies of any monitoring reports or
other information which the license holder submits to DEC or other
governmental agencies during the term of such license.
E.
The siting, construction and operating license shall
be conspicuously displayed at all times in the principal office of
the license holder located at the licensed premises.
F.
The license holder shall immediately provide to the
Village copies of any notice of noncompliance, cease-and-desist orders,
notices of fines or penalties, notices of revocation or suspension
of any license or permit or any other written directives received
from any governmental entity issued to the license holder, its affiliates,
shareholders (if closely held corporation), officers, board members,
partners, joint venturers or other beneficial owners of the license
holder.
G.
The license holder shall immediately provide to the
Village copies of all notices and pleadings regarding claims actions,
suits or proceedings, pending or threatened, against the license holder
or licensed premises, which could cause the incurrence of expenses
or costs of any kind or which seek money damages, injunctive relief,
remedial action or other legal remedy.
All licenses issued pursuant to this article
are transferable only upon prior written approval of the Village Board
of Trustees and a clear and convincing demonstration that the prospective
transferee will be able to comply with applicable laws and regulations,
permit conditions and other requirements to which the prospective
transferor is subject. In determining whether to approve any transfer
of a license, the Village Board shall also consider whether the prospective
transferee, its parent corporations, affiliates, shareholders (if
a closely held corporation), officers, board members, partners, joint
venturers or other beneficial owners have complied and are in compliance
with the requirements of any license or permit issued by any governmental
agency or subdivision and have complied and are in compliance with
all applicable laws and regulations. For the purposes of this article,
a "transfer" by the license holder shall include but is not limited
to any type of transfer or assignment or a controlling interest in
or to the license holder.
A.
As a condition of the issuance of any siting, construction
and operating license, the Village Board shall require bonds or insurance
issued by a bonding, surety or insurance company (which is rated by
Best's no less that "AAA" or its equivalent) acceptable to and in
an amount set by the Village Board, including the following:
(1)
Performance bond to insure the proper performance
of the work and siting of the facility pursuant to the details of
the applications, the dictates of this article and any other local
or state law.
(2)
Penalty bond to insure that all penalties levied and
judgments secured pursuant to this article are promptly tendered and
satisfied.
(3)
Liability insurance to cover injuries to person and
property.
(4)
Such bonds or insurance to insure that all costs and
potential liabilities related to closure are covered.
B.
The Village reserves the right to require that the
Village be a named insured on any policy required hereunder.
C.
The terms and conditions of all such bonds and insurance
shall be clearly set forth in detail on the license, including the
amount of such bonds and insurance.
A.
Any holder of a siting, construction and operating
license who intends to continue construction or operations beyond
the period of time covered in such license must file for reissuance
of such license at least 180 days prior to its expiration. Filing
for reissuance shall be made by the license holder on a form prescribed
by the Village Board and available from the Deputy Village Clerk or,
if no such form is prescribed, then on the same form as was previously
filed. The provisions of this article relative to submittal and processing
of initial applications, including payment of the filing fee and costs,
shall apply to reissuance applications under this section.
B.
Upon review of a reissuance application, the Village Board shall consider the same issues as set forth in § 172-46 of this chapter and utilize the same process of review as employed in the consideration of the original application.
C.
The Village Board may reissue the original license,
deny reissuance or issue a license subject to different and additional
conditions and limitations in order to secure compliance with the
provisions of this article or the original license.
A.
After notice to the license holder and a public hearing,
any license issued pursuant to this article may be modified, suspended
or revoked, in whole or in part, during its term for cause, including
but not limited to the following:
(1)
Violation of any part of this article or any other
provision of the Code of the Village of LeRoy.
(2)
Violation of any condition, limitation or term of
a license issued under this article.
(3)
Obtaining a license by misrepresentation or a failure
to fully disclose all relevant facts.
(4)
Materially false or inaccurate statements or information
in a license application.
(5)
Noncompliance with requirements of any license or
permit issued by any governmental entity.
(6)
Cancellation of any insurance, bond or surety required
by the Village Board.
(7)
If continuation of the license would have a significantly
negative impact upon the environment or the health, the safety and
welfare of the general public.
B.
In modifying, suspending or revoking a license, the
Village Board shall make findings of fact and state in a written notification
to the license holder the reasons for such modification, suspension
or revocation, as the case may be.
A.
The Village Board of Trustees and its authorized agents
may inspect each solid waste management facility licensed under the
provisions of this article as often as they deem necessary. For the
purposes of making such inspection, the Village Board and its authorized
agents shall have open, unlimited, unrestricted and immediate access
to all facilities licensed hereunder.
B.
License holders shall maintain all records concerning
the siting, construction and operation of a solid waste management
facility licensed under the provisions of this article, and such records
shall be open to inspection by the Village Board and its authorized
agents at any time during hours normal to that facility operation
or within 48 hours of receipt of any written request from the town,
whichever is sooner.
A.
The Village Board of Trustees may, in its discretion,
appoint persons with suitable qualifications as either full- or part-time
site monitors for the Village. Site monitors shall have authority
to:
(1)
Monitor any facility issued a siting, construction
and operating license pursuant to the provisions of this article and
determine whether the license holder is complying with all zoning
requirements and the requirements of all Village laws and ordinances.
(2)
Report to the Village Board, at such times as the
Village Board requires, as to the operation of such facility.
(3)
Test or have tested any materials deposited in, or
placed upon any such facility and to test any surface or ground waters
and/or soils within or adjacent to said facility and to conduct any
other environmental tests as he or she may deem necessary or advisable.
B.
All fees, costs and disbursements relating to site
monitoring under this section are to be borne by the license holder.
The license holder shall be obligated to pay these fees, costs and
disbursements for site monitoring which have been incurred by the
Village during the course of each month, as set forth by the Village
in an invoice provided to the license holder. In the event that the
applicant fails or refuses to pay the invoiced amounts for any reason
within 20 business days of the invoice, the Village may suspend the
license and/or call a previously posted bond or letter of credit for
payment of the obligation. Failure or refusal to reimburse the Village
for expenses incurred may be a basis for revocation of the license.
The license holder shall be responsible for all additional costs,
disbursements and reasonable attorney's fees incurred in the collection
of any invoiced items.
A.
Whenever, on the basis of any information available
to him, the site monitor has reason to believe that the license holder
is in violation of any requirement of this article or any license
condition, the site monitor shall notify the license holder, DEC and
the Village Board.
B.
When, on the basis of any information available to him, the site monitor determines that any condition or practice requirement of this article, or any license condition, which condition, practice or violation also creates an imminent danger to the health or safety of the public, or is causing or can reasonably be expected to cause significant, imminent environmental harm to land, air or water resources, the site monitor shall immediately order a cessation of all work and operations at the Solid Waste Management Facility or the portion thereof relevant to the condition, practice or violation. Such cessation order shall remain in effect until the site monitor determines that the condition, practice or violation has been abated, or until modified, vacated or terminated by the site monitor pursuant to Subsection C of this section. Where the site monitor finds that the ordered cessation of work and operations, or any portion thereof, will not completely abate the imminent danger to health or safety of the public or the significant environmental harm to land, air or water resources, the site monitor shall, in addition to the cessation order, impose affirmative obligations on the license holder requiring it to take whatever steps the site monitor deems necessary to abate the imminent danger or the significant environmental harm.
C.
Notices and orders issued pursuant to this section
shall set forth with reasonable specificity the nature of the violation
and the remedial action required, and reasonable description of the
portion of the Solid Waste Management Facility to which the notice
or order applies. Each notice or order issued under this section shall
be given promptly to the license holder by the site monitor who issues
such notice or order, and all such notices shall be in writing and
shall be signed by the site monitor. Any notice or order issued pursuant
to this section may be modified, vacated or terminated by the site
monitor. A copy of any such order or notice shall also be sent to
the DEC and the Village Board. Any notice or order issued pursuant
to this section which requires cessation of work and operations shall
expire within 30 days of actual notice to the license holder unless
a public hearing is held. Within 14 days of the completion of the
hearing, the Village Board shall make written findings of fact and
determine whether such condition or practice exists or that the license
holder is in violation of any requirement of this article or any licensed
condition. If the Village Board does not make these written findings
of fact and determination within 14 days of the completion of the
hearing, then the notice or order which requires cessation of work
and operations shall expire.
D.
Nothing herein shall be construed so as to eliminate
any additional enforcement rights or procedures which are available
under federal, state or local law, but which are not enumerated here.
A.
Upon a violation by any person of this article or
any license issued hereunder, the Village Board shall be also entitled
to obtain an injunction against such person prohibiting further violations
and, in addition, ordering that any solid waste illegally disposed
of be removed from the Village and ordering that any land on which
solid waste is illegally disposed of be restored as nearly as possible
to its former condition by the removal of any waste illegally disposed
of any by such other restorative measures as are available, and further
ordering that the license holder remedy any effects of the violation
on surrounding or adjacent properties or resources, including without
limitation, soil, air, crops, bodies of water, wetlands and groundwaters.
B.
For any violation of this article or any license issued
hereunder, the violator shall also be subject to a civil penalty of
up to $25,000 for each violation. Each day of noncompliance shall
be a separate and distinct offense. The Village shall be entitled
to recover such penalties in an action at law in any court of competent
jurisdiction.
C.
Upon an action for injunctive relief or for a civil
penalty hereunder, the Village shall be entitled to a further award
and judgment for its costs, disbursements and reasonable attorneys'
fees in connection therewith.
D.
Any person who takes part in or assists in any violation
of this article shall also be personally subject to, and liable for
the penalties provided herein.
A.
Pursuant to Chapter 215, Zoning, of the Code of the Village of LeRoy, any solid waste management facility is subject to the issuance of a special use permit. Said permit shall be issued as a part of any license to operate, but shall be separate and distinct and not be merged therein.
Nothing herein shall be deemed to be a waiver
of or a restriction upon any rights and powers available to the Village
to further regulate the subject matter of this article.
This article shall become effective upon its
filing with the Secretary of State, pursuant to § 27 of
the Municipal Home Rule Law, and shall apply to all completed applications
received on or after the date of the initial public hearing held hereon
on August 22, 1994.
