[Adopted 7-6-1971 by L.L. No. 1-1971]
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.
- SANITARY LANDFILL OPERATION
- 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.
- SOLID WASTE DISPOSAL SITE
- 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.
- SURFACE WATER
- 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.
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.
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.
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.
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.
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.
The fee for issuance of a license hereunder is fixed at $250.
[Amended 9-1-1987 by L.L. No. 3-1987]
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.
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.
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.
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.
The licensee shall be responsible for the operation and management of the sanitary landfill operation for which a license is issued hereunder.
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.
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.
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.
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.
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.
The licensee will not burn or allow the burning of refuse or other material in the sanitary landfill operation.
The licensee will not permit scavenging in the sanitary landfill operation.
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.
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.
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.
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.
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.
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.
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]
Conviction of any above-mentioned violation shall constitute and effect an immediate forfeiture of license.
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.