[Adopted 7-6-1971 by L.L. No. 1-1971[1]]
[1]
Editor's Note: The first paragraph of the preamble to this
legislation read as follows: "The Town Board of the Town of Waterford
finds that the use of open dumps [landfills] and improperly operated
solid waste disposal sites as a means of refuse disposal (1) endangers
the health and welfare of the citizens of the Town by causing or contributing
to the pollution of the air and ground surface waters, (2) results
in nuisances and a hazard to public health and (3) provides a breeding
place for flies, rats and other vermin and carriers of disease. It
is therefore declared to be the public policy of this Town to eliminate
and prevent such health, welfare and safety hazards by establishing
standards for regulating the use and operation of solid waste disposal
sites."
As used in this article, the following terms shall have the
meanings indicated:
Any water beneath the surface of the earth in any natural
geologic formation.
Any individual, partnership, copartnership, firm, company,
corporation, association, trust, estate, political subdivision or
any other legal entity, or their legal representatives, agents or
assigns.
All waste substances, including but not limited to the following:
garbage; combustible rubbish, including but not limited to paper,
cartons, boxes, barrels, wood, excelsior, tree branches, yard trimmings,
wood furniture and bedding; noncombustible rubbish, including but
not limited to metals, tin cans, metal furniture, discarded or partially
or wholly dismantled used motor vehicles, glass, crockery and other
mineral waste; and solid and semisolid wastes resulting from industrial
processes and manufacturing operations; provided, however, that the
term "refuse" does not include any unprocessed earth, stone or minerals.
A method of disposing of refuse on land, without creating
nuisances or hazards to the public health or safety, by confining
refuse to the smallest practical area, compacting it to the smallest
practical volume by employing suitable power equipment and covering
with a layer of compacted earth or other suitable cover material.
Any site used for the disposal of refuse from more than one
residential premises or farm or one or more commercial, industrial,
manufacturing or municipal operations.
Any body of water, the top surface of which is exposed to
daylight, including flowing bodies as well as ponds and lakes.
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 Waterford unless such land, location, site
or area is a solid waste disposal site and has been licensed as such
as provided hereunder, and no person shall operate any such solid
waste disposal site unless the same has been licensed as provided
hereunder.
A.
Each applicant for a license hereunder shall execute, under oath,
an application to be furnished by the Town Clerk, which shall contain
such information to establish that the applicant is fit and qualified
to conduct a sanitary landfill operation, the number, types and a
brief description of the machinery or equipment he will use in said
operation, the estimated tonnage of refuse to be deposited per month,
the minimum number of employees he intends to engage in the operation
and 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 upon which he intends to
operate a sanitary landfill operation if granted a license therefor,
showing the location of the solid waste disposal site, of any buildings
on such land, of any streets, highways or surface water abutting or
passing through such land and of any municipal buildings 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 the New York State Department of
Health or by a civil engineer duly licensed by the State of New York,
stating that the soil conditions of the land where the sanitary landfill
operation is proposed have been examined and that the same subsoil
structure is such as to absorb the leachate without contamination
of groundwaters in the area, that the proposed sanitary landfill operation
will not disturb the general drainage pattern of the area so as to
adversely affect other landowners and that such operation will not
cause the pollution of any surface water.
D.
In the application, the applicant shall agree that, if granted the
license applied for, he will operate the sanitary landfill operation
pursuant to the regulations hereinafter set forth and as the same
may be amended from time to time and that he understands that such
license is subject to revocation upon his violation of any one of
such regulations.
E.
The applicant shall further agree to post a bond or undertaking to guarantee performance of the requirements of this article as prescribed in § 138-5 hereof, if the application is accepted and before the license provided in § 138-4 hereof is issued. The amount of such bond shall be equal to $2 multiplied by the estimated number of tons per month to be deposited at the site.
A.
The fee for issuance of a license hereunder is fixed at $250.
[Amended 9-1-1987 by L.L. No. 3-1987]
B.
The license shall be granted by the Town Board of the Town of Waterford after the applicant has fulfilled the requirements of § 138-3 herein.
C.
Any license issued hereunder shall be effective from the date of
its issuance until the 31st day of December of the year for which
issued, after which a new application for a license must be made yearly.
D.
Such license shall be personal with the licensee. It does not go
with the title of the land, nor may it be sold, assigned, transferred
or disposed of in any manner.
E.
Such license may be revoked by the Town Board after a public hearing
thereon at which the licensee shall have an opportunity to be heard.
Upon revocation or the expiration of a license issued hereunder, the
Town Board may require the licensee to put the licensed site area
in a proper, safe and sanitary state.
A.
The licensee shall be responsible for the operation and management
of the sanitary landfill operation for which a license is issued hereunder.
B.
Appropriate signs shall be posted to indicate clearly the route vehicles
are to follow to the location where the loads are to be deposited.
At least one gate shall be installed across the main access road which
shall be kept closed and securely locked during the hours when the
site is closed. An attendant shall be on duty at all times when refuse
is being deposited at the site unless an exemption, in writing, is
granted by the Town Board.
C.
Fencing, portable or permanent, or other natural barriers shall be
used to prevent litter blowing from the unloading site. The fill and
surrounding area shall be policed as necessary to collect all scattered
materials.
D.
The licensee shall post, at the entrance gate of the sanitary landfill
operation, a sign stating the hours of the day during which refuse
will be accepted for disposal. No refuse may be accepted outside the
stated hours, during which time the entrance gate will be kept closed
and securely locked.
E.
The licensee 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.
F.
The licensee, by the means of suitable equipment, shall compact or
iron out the refuse deposited until it is smooth and level and all
larger objects and material are crushed and the entire mass is blended.
Thereafter, the licensee shall cover over the compacted refuse daily,
unless an exemption, in writing, has been granted by the Town Board,
with a compacted layer of at least six inches of soil, and a final
compacted cover of at least two feet of soil shall be placed within
a week after an area has been completely filled and the licensee moves
to another area in the sanitary landfill. After final cover has been
placed the site shall be seeded to control erosion.
G.
The licensee will not burn or allow the burning of refuse or other
material in the sanitary landfill operation.
H.
The licensee will not permit scavenging in the sanitary landfill
operation.
I.
Landfill operations shall not be conducted in open water. All standing
water shall be continuously removed from the working surface and the
pit shall be maintained dry. Drainage from the site shall not be permitted
to enter any surface water formation.
J.
Conditions unfavorable for the production of insects and rodents
shall be maintained by carrying out routine landfill operations promptly
in a systematic manner. Supplemental control measures shall be instituted
whenever necessary and as directed by the Town Board.
K.
Sewage solids or liquids, septic tank pumpings, other liquids or
hazardous substances, used motor vehicles or major appliances, such
as refrigerators, shall not be disposed of in a solid waste disposal
site unless written approval has been obtained from the Town Board.
If such approval is granted, disposal shall be under such conditions
as prescribed in the approval.
L.
The solid waste disposal site shall not be closer than 100 feet to
any boundary line and shall not be closer than 500 feet to any highway.
M.
Any peace officer, the Town Board or any of its representatives shall
be granted access to any solid waste disposal site licensed hereunder
to inspect the same for compliance herewith.
A.
Any person who commits or permits any act or acts of violation of
any of the provisions of this article shall be deemed to have committed
an offense against such article and, also, shall be liable for any
such violation or the penalty therefor. Each day such violation shall
continue or be permitted to exist shall constitute a separate violation.
B.
For every violation of any provision of this article, the person
violating the same shall be subject to a fine of not more than $250
or imprisonment not exceeding 15 days, or by both such fine and imprisonment.
[Amended 9-1-1987 by L.L. No. 3-1987]
C.
Conviction of any above-mentioned violation shall constitute and
effect an immediate forfeiture of license.
D.
In addition to the above-mentioned penalties and punishment, the
Town Board may also maintain an action or proceeding in the name of
the Town in a court of competent jurisdiction to compel compliance
with or to restrain by injunction the violations of such chapter.
