[HISTORY: Adopted by the Town Board of the Town of Lima as
indicated in article histories. Amendments noted where applicable.]
[Adopted 6-7-1990 by L.L. No. 1-1990]
This article shall be known and may be cited as the "Solid,
Industrial Hazardous and Hazardous Waste Management, Treatment, Storage
and Disposal Facility Law of the Town of Lima" or, in the alternative,
the "Solid Waste Management Law of the Town of Lima."
A.
The Town Board finds that the siting, construction and operation
of solid, industrial hazardous and hazardous waste management, treatment,
storage and disposal facilities are by their very nature potentially
dangerous to the environment and to the health, safety and general
welfare of the Town's citizens.
B.
The Town Board further finds that solid, industrial hazardous and
hazardous waste regulation under the New York Environmental Conservation
Law is inadequate to relieve the foregoing concerns.
C.
The Town Board further finds that said state regulations were not
designed or intended to preempt said area of regulation or to prevent
regulation by municipalities. To the extent that any provision in
this article is found to be inconsistent with New York Environmental
Conservation Law (ECL) Article 27, Title 3, 7 or 9, it is the intent
of the Town Board that this article supersede said inconsistent provisions
pursuant to the powers granted to it by the New York State Municipal
Home Rule Law § 10.
The Town Board intends by this article:
A.
To regulate the siting, construction and operation of solid, industrial
hazardous and hazardous waste management, treatment, storage and disposal
facilities in order to preserve and promote a clean, wholesome and
attractive environment for the community.
B.
To protect the Town's citizens from the effects of solid, industrial
hazardous and hazardous waste disposal, including:
(1)
Unaesthetic results, including odors, blowing litter, increased traffic,
dust and noise.
(2)
Deterioration in property values associated with adjacent or proximate
disposal operation that may interfere with the orderly development
of properties.
(3)
Threats to public health or the environment by contamination of air,
land, surface waters or groundwaters.
C.
To exercise the Town's police powers under the Municipal Home
Rule Law and §§ 130 and 136 of the Town Law for the
physical and mental well-being and safety of the Town's citizens
and to supplement state regulation and supersede said state regulation
where and if inconsistent herewith.
A.
Unless indicated otherwise herein or unless the context shall otherwise
require, the terms and words used in this article shall have the same
meanings as those defined in Article 27 of the Environmental Conservation
Law and regulations promulgated thereunder.
B.
DEC
ECL
ENVIRONMENT
HAZARDOUS WASTE
(1)
(2)
HAZARDOUS WASTE MANAGEMENT
INDUSTRIAL HAZARDOUS WASTE
(1)
(2)
INDUSTRIAL HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITY
or INDUSTRIAL HAZARDOUS WASTE TSD FACILITY
LAND SPREADING FACILITY
PERSON
SEQRA
SEWAGE SLUDGE
SITING, CONSTRUCTION AND OPERATING PERMIT
SOLID WASTE
SOLID WASTE MANAGEMENT FACILITY
TOWN
TOWN BOARD
As used in this article, the following terms shall have the meanings
indicated:
The New York Department of Environmental Conservation.
The New York Environmental Conservation Law.
The physical conditions which will be affected by a proposed
action, including land, air, water, minerals, flora, fauna, noise,
resources of agricultural, archaeological, historic or aesthetic significance,
existing patterns of population concentration, distribution or growth,
existing community or neighborhood character and human health.
A waste or combination of wastes, which because of its quantity,
concentration or physical, chemical or infectious characteristics
may:
Cause or significantly contribute to an increase in mortality
or an increase in serious irreversible or incapacitating reversible
illness; or
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
or otherwise managed.
The systematic control of the collection, resource separation,
storage, transportation, processing, treatment, recovery and disposal
of hazardous wastes.
An industrial waste or combination of wastes, which, because
of its quantity, concentration or physical, chemical or infectious
characteristics may:
Cause or significantly contribute to an increase in serious
irreversible or incapacitating reversible illness; and/or
Pose a substantial present or potential hazard to human health
or the environment and, therefore, must be segregated and excluded
from the general municipal waste system and sewage collection and
treatment process.
A specialized facility or site for the purpose of treating,
storing, compacting, recycling, exchanging or disposing of industrial
hazardous waste materials whether above or below ground or water level,
including but not limited to treatment, compacting, resource recovery
or disposal plants, equipment and furnishings thereof used for the
storage, treatment, compacting, composting, shredding, converting,
utilization, processing or final disposal of hazardous waste, including
but not limited to mechanical, chemical or thermal processing systems,
incinerators, (sanitary) landfills or ashfills whether above or below
ground, other facilities for the storage, reduction or conversion
of hazardous waste, including but not limited to transfer stations,
baling facilities, railroad and maritime facilities, motor trucks
or vehicles and appurtenances, furnishings, equipment and machinery
deemed necessary thereto.
A site used for a solid waste management facility and where
sludge, sewage sludge or septage is applied to the soil surface or
ingested into the upper layer of the soil.
Any individual, trust, firm, joint-stock company, corporation
(including a government corporation), partnership, association, state,
federal government and any agency thereof, municipality, commission,
political subdivision of a state, any interstate body and any other
legal entity whatsoever.
The New York State Environmental Quality Review Act.
Any solid, semisolid or liquid waste, generated or deposited
from municipal, private or publicly held corporate sewage treatment
plants.
That permit issued by the Town Board which allows a person
to construct or modify a solid, industrial hazardous or hazardous
waste management treatment, storage and disposal facility.
All putrescible and nonputrescible materials or substances
discarded or rejected as being spent, useless, worthless or in excess
to the owners at the time of such discard or rejection, including
but not limited to garbage, refuse, industrial and commercial waste,
sludges from air or water control facilities, rubbish, ashes, contained
gaseous material, incinerator residues, demolition and construction
debris, discarded automobiles and offal, but not including sewage
and other highly diluted water-carried materials or substances and
those in gaseous form.
Any facility employed beyond the initial solid waste collection
process for the purpose of treating, storing, compacting, recycling,
exchanging or disposing of solid waste whether above or below ground
or water level, including but not limited to transfer stations, baling
facilities, rail haul facilities, processing systems, including resource
recovery facilities or other facilities for reducing solid waste volume,
landfills or ashfills, plants and facilities for compacting, composting,
disposing or pyrolization of solid wastes, incinerators and other
solid waste disposal, storage, reduction or conversion facilities
whether above or below ground or water level.
The Town of Lima, Livingston County, New York.
The Town Board of the Town of Lima, Livingston County, New
York.
C.
Other words and phrases not specifically defined above shall have
those meanings contained in the Environmental Conservation Law §§ 27-0303
and 27-0901.
A.
All relevant sections of Article 27 of the Environmental Conservation
Law 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, wherever possible,
in such a manner as to be consistent with state law, except that this
article may provide more stringent regulations.
A.
The following are not subject to this article:
(1)
Any sewage treatment facility within the village or the Town operated
by the village, the Town or the County of Livingston.
(2)
Disposal areas for solid waste generated from a one-or two-family
residence or from a farm within the Town, when such wastes, other
than hazardous waste, are disposed of within the Town; or domestic
farm animal manure disposed of within the Town and generated outside
of the Town, provided that it is generated at a farm or farms owned
and operated by the owner of the disposal site within the Town.
(3)
Transfer, storage, incineration, processing and recycling facilities
located at apartment houses, schools, parks, industries, hospitals,
commercial establishments, individual residences and farms, provided
that such facilities are used only for solid waste generated or originating
at such locations.
B.
None of the foregoing exemptions shall be construed to permit any
activity contrary to existing building codes or zoning ordinances
or any other state or local laws.
A.
No person shall construct, modify or operate a solid, industrial
hazardous or hazardous waste management, treatment, storage or disposal
facility within the Town without a siting, construction and operating
permit issued by the Town Board pursuant to the provisions of this
article.
B.
The following acts are deemed to be modifications which require a
siting, construction and operating permit:
(1)
An expansion of the facility by acquisition, purchase, lease or otherwise,
of additional land which was not the subject of or included in any
application submitted under this article;
(2)
An increase in the total quantity of solid, industrial hazardous
or hazardous waste received during any quarter at the facility by
50% or more over the total quantity of solid, industrial hazardous
or hazardous waste received during the comparable quarter of the preceding
year, except where such increase is not in excess of the approved
design capacity of such facility for such time period;
(3)
A movement of the facility's operation to a portion of property
already owned, leased or otherwise held by the facility which was
not the subject of or included in any application submitted under
this article;
(4)
An expansion of the facility by the installation of additional processing
equipment which increases the approved design capacity of the facility
or which changes the facility process; or
(5)
An expansion by a person, site or facility exempt from permit requirements
because it treats, stores, disposes or otherwise manages solid, industrial
hazardous or hazardous waste solely at the site of generation, such
that the person, site or facility now treats, stores, disposes or
otherwise manages such waste which is not generated on-site.
C.
The term or period of the siting, construction and operating permit
shall be determined by the Town Board using criteria set forth in
New York State laws and regulations, but shall be no less than one
year and no more than five years. If a multiyear permit is issued,
the facility shall be subject to an annual review by the Town Board
as a condition of continued operation.
D.
No siting, construction and operating permit issued pursuant to the
provisions of this article shall be transferable to another person
unless the original permit clearly provides for such transfer.
A.
All applications for a siting, construction and operating permit
shall include the following:
(1)
A completed application upon a form, prescribed by the Town Board
and available from the Town Clerk;
(2)
A certification from the DEC to the Town Board that the applicant's
proposal is in conformity with all applicable standards in the Environmental
Conservation Law and regulations promulgated thereunder;
(3)
A certification from the New York Department of Health to the Town
Board that the applicant's proposal is in conformity with all
applicable standards in the New York Public Health Law and regulations
promulgated thereunder; and
(4)
Such other data and information which the Town Board may reasonably
require.
B.
All applications shall be accompanied by evidence of authority to
sign the application and shall be signed as follows:
C.
All applications shall be sworn to by or on behalf of the applicant
with respect to all statements of fact therein or shall bear an executed
statement by or on behalf of the applicant pursuant to the New York
Penal Law § 210.45 to the effect that false statements made
therein are made under penalty of perjury.
D.
Each application shall be accompanied by a fee set from time to time
by resolution of the Town Board[1] to defray the cost of review thereof, and the Town reserves
the right to request additional moneys to defray expenses as provided
under SEQRA and regulations promulgated thereunder.
[Amended 11-6-1997 by L.L. No. 3-1997]
[1]
Editor's Note: The fee schedule is on file in the Town
offices.
A.
Any person who proposes to construct, modify or operate a solid,
industrial hazardous or hazardous waste management, treatment, storage
or disposal facility in the Town shall submit a completed application
for a siting, construction and operating permit to the Town Board.
B.
Within 120 days following receipt of a completed application or such
longer period as may be agreed upon, in writing, by the Town Board
and the applicant, the Town Board shall notify the applicant, in writing,
of its decision to either grant, grant with conditions or deny the
permit.
C.
The Town Board's decision to grant or deny the permit 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 or
threaten the environment or the health, safety and general welfare
of the Town's citizens;
(3)
Whether the applicant has demonstrated adequate contingency plans
for corrective or remedial action to be taken in the event of equipment
breakdowns, groundwater or surface water or air contamination attributable
to the facility's operation, fires and spills or releases of
toxic materials; and
(4)
Whether the applicant has demonstrated an adequate program for closure
of the facility, to be implemented when use of the facility or a part
of the facility permanently terminates.
D.
The Town Board shall hold a public hearing concerning the permit
application within 60 days of the Town Board's receipt of a completed
application or such longer period as may be agreed upon, in writing,
by the Town Board and the applicant.
E.
In granting or denying a permit, the Town Board shall state in its
written notification to the applicant the reasons for such grant or
denial, as the case may be.
A.
As a condition of the issuance of any siting, construction and operating
permit, the Town Board may request the following bonds or insurance
issued by a state insurance department approved bonding, surety or
insurance company acceptable to and in an amount set by the Town Board:
(1)
Performance bond, to ensure the proper performance of the work and
siting of the facility pursuant to the details of the application,
the dictates of this article and any other local or state law.
(2)
Restoration bond, to ensure that all restoration work is completed
pursuant to the plan submitted with the application, the dictates
of this article and any other local or state law.
(3)
Penalty bond, to ensure that all penalties levied and judgments secured
pursuant to this article are promptly tendered and satisfied.
(4)
Liability insurance, to cover injuries to person and property.
B.
The Town reserves the right to require that the Town 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 permit, including the amounts of
such bonds and insurance.
To ensure adequate monitoring of long-term environmental effects,
the owner of each solid waste management facility subsequent to the
adoption of this article shall execute a written document, suitable
for recording in the Livingston County Clerk's Office Real Property
Title Record, for the land upon which such facility is located, stating
that such land has been used for such facility and that information
concerning the extent of such use may be obtained from the Town or
the New York State Department of Conservation.
A.
Any holder of a siting, construction and operating permit who intends
to continue construction or operations beyond the period of time covered
in such permit must file for reissuance of such permit at least 30
days prior to its expiration. Filing for reissuance shall be made
by the permit holder on a form prescribed by the Town Board and available
from the Town 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 shall
apply to reissuance applications under this section to the extent
indicated by the Town Board.
B.
Upon review of a reissuance application, the Town Board shall determine
whether the permittee has complied with all terms, conditions and
requirements of the expiring permit and of this article.
(1)
If the Town Board determines in the affirmative, the permit may be
reissued.
(2)
If the Town Board determines in the negative or if other circumstances
exist which indicate noncompliance with any provisions of this article
or the original permit, the Town Board shall take appropriate action
to secure compliance, including but not limited to a denial of reissuance.
A.
After notice and opportunity for a hearing, any permit 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 term of a permit issued
hereunder;
(2)
Obtaining a permit by misrepresentation or a failure to fully disclose
all relevant facts;
(3)
Materially false or inaccurate statements or information in a permit
application; or
(4)
Where continuation of a permit would significantly impact the environment
or the health, safety and general welfare of the Town's citizens.
B.
The Town Board may revise or modify a schedule of compliance or other
terms in an issued permit if it determines good cause exists for such
revision or modification.
A.
The Town Board and its authorized agents may inspect, as often as
they deem necessary, each solid, industrial hazardous or hazardous
waste management, treatment, storage or disposal facility permitted
under the provisions of this article. For the purposes of making such
inspection, the Town Board and its authorized agents shall have free
access to all facilities permitted hereunder.
B.
Permittees shall maintain all records concerning the siting, construction
and operation of a facility permitted under the provisions of this
article and such records shall be open to inspection by the Town Board
and its authorized agents at any time during normal working hours.
A.
The Town Board may, in its discretion, appoint a person with suitable
qualifications as either a full- or part-time on-site agent for the
Town. Said agent shall have authority:
(1)
To monitor any facility issued a siting, construction and operating
permit pursuant to the provisions of this article and determine whether
the operator is complying with all siting permits and zoning requirements
and the requirements of all Town laws and ordinances.
(2)
To report to the Town Board, at such times as the Town Board requires,
as to the operation of such facility.
(3)
To test all materials deposited in or placed upon any such facility
and to test any surface or groundwaters and soils within or adjacent
to said facility and to conduct any other environmental tests he/she
may deem necessary or advisable.
B.
All costs of such monitoring and testing are to be borne by the facility
operator.
A.
Upon a violation by any person of this article or any permit issued
hereunder, the Town Board shall be entitled to obtain an injunction
against such person prohibiting further violations and, in addition,
ordering that any solid, industrial hazardous or hazardous waste illegally
disposed of be removed and ordering that any land on which solid,
industrial hazardous or hazardous waste is illegally disposed of be
restored as nearly as possible to its former condition by the removal
of any waste illegally disposed of and by such other restorative measures
as are available and further ordering that the operator remedy any
effects of the violation on surrounding or adjacent properties or
resources, including, without limitation, soil, air, crops, water
bodies, wetlands and groundwaters.
B.
For any violation of this article or any permit issued hereunder,
the violator shall, upon conviction, be subject to a criminal penalty
of not more than $1,000 or imprisonment not to exceed one year, or
both, and a civil penalty of up to $25,000 for each violation. Each
day of noncompliance shall be a separate and distinct offense. The
Town shall be entitled to recover such penalties in an action at law
or in any court of competent jurisdiction.
[Amended 11-6-1997 by L.L. No. 3-1997]
C.
Upon an action for injunctive relief or for a civil penalty hereunder,
the Town shall be entitled to a further award and judgment for its
costs, expenses, disbursements and reasonable attorney's fees
in connection therewith.
[Adopted 9-3-1992 by L.L. No. 2-1992]
A.
The Town finds that the removal of certain materials from the solid
waste stream will decrease the amount of solid waste disposed in landfills
and aid in the conservation of valuable resources.
B.
The Town finds that the New York Solid Waste Management Act of 1988
requires all municipalities to adopt a local law by September 1, 1992,
requiring separation of recyclable and reusable material from solid
waste.
C.
The Town finds that in order to protect the health, safety and welfare
of the people of the Town, it is necessary for the Town to enact this
article in order to encourage and facilitate the maximum recycling
participation practicable on the part of every household, business
and institution within the Town.
D.
The Town declares that the purpose of this article is to establish
and implement recycling-related practices and procedures to be applicable
to all waste generators within the Town.
As used in this article, the following terms shall have the
following meanings:
Any business, governmental agency, municipality or other
nonresidential generator of solid waste requiring off-site disposal.
Livingston County, New York, or any authorized county agency.
A private- or public-operated facility to which recyclables
can be delivered.
A private or public facility for receiving source-separated
recyclable materials and processing them into marketable commodities.
Any material designated as such by the county, provided that
such material is not hazardous and can be reasonably separated from
the solid waste stream and held for material recycling or reuse value.
County rules and regulations adopted by the county pertaining
to the separation, collection, transportation and disposal of recyclables,
as may be amended from time to time by the county, unless and except
such instance where the Town shall adopt supplemental or more involved
rules and regulations.
Any person or household which produces solid waste requiring
off-site disposal.
All putrescible and nonputrescible solid waste, including,
but not limited to, materials or substances discarded or rejected
as being spent, useless, worthless or in excess to owners at the time
of such discard or rejection or are being accumulated, stored or physically,
chemically or biologically treated prior to being discarded or rejected,
having served their intended use, or as industrial, commercial and
agricultural waste, sludges from air or water pollution control facilities
or water supply treatment facilities, rubbish, ashes, contained gaseous
material, incinerator residue, demolition and construction debris
and offal, but not including sewage and other highly diluted water-carried
materials or substances and those in gaseous form, special nuclear
or by-product material within the meaning of the Atomic Energy Act
of 1954, as amended, or waste which appears on the list or satisfies
the characteristics of hazardous waste promulgated by the Commissioner
of the Department of Environmental Conservation.
The segregation of recyclables from the solid waste stream
at the point of generation for separate collection, sale or other
disposition.
This Article II of 1992.
The Town of Lima, New York.
A commercial waste generator or a residential waste generator.
All persons engaged in the commercial collection, transportation
and/or disposal of solid waste and/or recyclables generated, originated
or brought within the county.
A.
Each commercial and residential waste generator in the Town shall
source-separate materials defined as recyclables from solid waste,
as such terms are defined from time to time.
B.
Each waste generator in the Town shall provide for the removal of
recyclables from the property on which they are generated either through
a service provided by a private hauler or by direct haul by the individual
waste generator to a disposal location permitted by law.
C.
Nothing in this article is intended to prevent any waste generator
from making arrangements for the reuse, private collection, sale or
donation of recyclables.
D.
Each waste generator shall provide for the source separation of recyclables
in conformance with the recycling rules and regulations, as may be
promulgated and modified from time to time.
A.
All waste haulers doing business in the Town shall offer or cause
to be offered to their customers collection, transportation and disposal
services for recyclables as any such waste hauler offers collection,
transportation and disposal services for solid waste. Unless otherwise
provided in the recycling rules and regulations, such services shall
be provided on the same day(s) as solid waste pickup, transportation
or disposal services are provided.
B.
All waste haulers shall offer to customers the option of a per-bag
fee system to promote reduction of solid waste.
C.
Waste haulers are required to take recyclables to a materials recovery
facility where such materials are recycled.
D.
Waste haulers are required to follow the requirements of the recycling
rules and regulations.
This Town source separation law shall be primarily administered
by the Town. This County shall be primarily responsible for the development
and implementation of the recycling rules and regulations, including
but not limited to the definition of the recyclables subject to collection.
It is the express intent of this article to incorporate by reference
the list or identification of recyclables that may or shall be subject
to recycling, which said list shall be prepared by the County and
may be changed by the County from time to time. Nothing, however,
shall prevent this municipality from adopting and publishing a separate
and more inclusive list identifying recyclables subject to this article.
[Added 11-6-1997 by L.L. No. 3-1997]
Any person found guilty of violating any provision of this article
shall, upon conviction, be punishable by a fine of not more than $250
or an imprisonment term of not more than 15 days, or both.
