[HISTORY: Adopted by the Town Board of the Town of Corinth 9-19-1988
by L.L. No. 3-1988. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 107.
[Amended 9-27-2007 by L.L. No. 2-2007]
It is hereby determined by the Town Board that the establishment and/or
operation of dumps for the disposal of garbage, rubbish and waste materials
of any nature are likely to constitute a hazard and menace to health and safety
of the residents of the Town of Corinth, and it is therefore the intent of
this chapter to prohibit the establishment and/or operation of dumps other
than by the Town of Corinth pursuant to § 130, Subdivisions 6 and
15 of the Town Law of the State of New York.
As used in this chapter, the following terms shall have the meanings
indicated:
A place used for the disposal and leaving of paper, garbage, rubbish
and waste materials of any nature by the public or by any person.
Naturally found or created and not created through man-made processes.
[Added 9-27-2007 by L.L. No. 2-2007]
Composed solely of animal or plant matter.
[Added 9-27-2007 by L.L. No. 2-2007]
Includes an individual, firm, partnership, corporation, limited liability
company, municipality or association of persons.
[Amended 9-27-2007 by L.L. No. 2-2007]
The establishment and/or operation and/or maintenance of a dump other
than by the Town of Corinth is hereby prohibited in the Town of Corinth.
[Amended 9-27-2007 by L.L. No. 2-2007]
Nothing herein contained shall be deemed to prohibit any person from
disposing of noncommercial or nonindustrial rubbish composed solely of natural
organic materials on the property upon which such rubbish is produced or disposing
of paper sludge or ashes produced by burning untreated wood on the property
upon which such paper sludge or ashes are produced, provided such paper sludge
and/or ashes are deposited only in a dump or landfill approved by the Department
of Environmental Conservation and in accordance with a valid Department of
Environmental Conservation permit.
[Added 12-5-1996 by L.L.
No. 2-1996; amended 9-27-2007 by L.L.
No. 2-2007]
A person may apply to the Town Board for a waiver from the provisions
of this Chapter, except that no waiver may be granted that would allow deposit
or disposal of any waste material on property other than that where it is
created, generated or produced. The applicant for such a waiver shall pay
the costs of any review by an engineer or other expert retained by the Town
as part of the Town's review of the application. The procedure for review
of a waiver request shall be as follows:
A.
Application form; SEQRA form. The person seeking a waiver shall
complete an application form for the purpose and a SEQRA environmental assessment
form (EAF), both of which shall be available from the Town's Code Enforcement
Officer.
B.
Submission of application. The completed application form, EAF
and all supporting materials required in accordance with the application form
and these provisions shall be submitted to the Code Enforcement Officer, who
shall deliver them to the Town Board at its next regular monthly meeting.
C.
Town Board receipt of application. The Town Board shall receive
the application form, EAF and supporting materials from the Code Enforcement
Officer. Within 31 days of the meeting at which the Town Board receives them,
the Town Board shall determine whether to engage the services of an engineer(s)
or other appropriately qualified consultant(s) for the purpose of obtaining
expert advice as to whether additional information is needed in order to prudently
and appropriately evaluate the application, and/or whether the requested waiver
would result in one or more significant detrimental impacts to the health,
safety or welfare of the Town or its residents, including any likely environmental
effects.
D.
Engagement of engineer(s) or other consultant(s). In the event
the Town Board decides that an engineer(s) or other expert(s) should be engaged
to review the application and supporting materials and provide the Board with
advice, the Town Board shall select and retain such an expert(s) within 62
days of its decision to obtain expert advice.
E.
If the Town Board retains an engineer(s) or other expert(s) in accordance with Subsection D, above, within 45 days thereafter he or she shall report in writing to the Town Board as to whether any additional information is needed in addition to the forms and supporting materials submitted by the applicant in order for the Town's expert(s) to evaluate the application and render a professional opinion as to whether the requested waiver, if granted, would have a significant detrimental impact on the health, safety or welfare of the Town or its residents, including any likely environmental effects. If the report of the engineer(s) or other expert(s) advises that additional information is needed, the report shall also specify what information is necessary. The report of the engineer(s) or expert(s) shall be reviewed at the next regular meeting of the Town Board after receipt of the report by the Town.
F.
The Town Board shall review the report of the engineer or other
expert and shall determine whether additional, or other, expert assistance
is needed in order to properly evaluate the applicant's waiver request. If
the Town Board decides that additional or other expert is necessary, the Board
shall have 62 days within which to retain an appropriate engineer or other
expert, who shall advise the Board of the estimated time reasonably necessary
to provide a written report to the Board, which report shall contain, if appropriate,
any professional opinion or conclusion as to whether the requested waiver
would result in one or more significant detrimental impacts to the health,
safety or welfare of the Town or its residents, including any likely environmental
effects, together with any other opinions, conclusions and/or professional
recommendations of the expert.
G.
If the Town Board seeks further or other expert advice in accordance with Subsection F, above, the expert retained shall have a reasonable length of time, consistent with his or her estimate of time required, to deliver the report for which the expert was engaged by the Board. In the event the expert needs additional time, beyond the period he or she previously estimated to be necessary, to produce his or her report, a reasonable amount of additional time shall be allowed.
H.
At the next regular Town Board meeting after the Town's receipt
of reports from engineers and experts engaged to assist the Town Board, the
Board shall determine whether it has received the final reports of all such
engineers and experts. If the Board determines that all final reports have
been received, the Board shall have up to 62 days to review and study the
reports, during which time it may request written or verbal answers to any
questions posed collectively by the Board. Answers to any such questions shall
be provided within 31 days after such sixty-two-day period, except that the
thirty-one-day period may be extended by the Board for good reason. At the
Board's next regularly scheduled meeting after the Town's receipt of answers
from its expert(s), the Board shall determine whether all of its questions
have been satisfactorily answered. If so, within 62 days of that determination,
the Board shall hold a public hearing on the waiver application. Notice of
the hearing shall be by publication in the Town's official newspaper(s) at
least 10 days prior to the hearing and by posting at Town Hall and by mailing
notice to owners of property within 1,000 feet of the property for which the
waiver is being sought at least 10 days prior to the date of the hearing.
If any of the Board's questions have not been satisfactorily answered, the
Board shall fix a reasonable period of time for receipt of clarification of
any such answers. Upon the Board's determination that all necessary clarification
has been received, it shall hold a public hearing within the following 62
days, with notice provided as set forth above.
I.
The public hearing on applicant's waiver request shall not remain
open longer than 45 days without the applicant's consent, which consent shall
not be unreasonably withheld.
J.
Within 31 days after the conclusion of the public hearing, the
Town Board shall begin its SEQRA review of the waiver application, except
that if coordinated SEQRA review will be conducted, the Town Board may initiate
such coordinated review at any time after it receives the applicant's EAF
with Part 1 completed.
K.
Within 62 days after the Town Board's issuance of a negative
declaration or, if applicable, within 62 days after the Town Board issues
its findings following the preparation of an environmental impact statement,
the Board shall render a decision as to whether to grant the requested waiver,
deny the waiver, or grant the waiver subject to conditions. In making its
decision, the Town Board shall consider the application form, supporting material
submitted by the applicant, spoken and written comments from the public hearing,
and all reports, opinions and recommendations provided by experts retained
by the Board. Considering all of the evidence, the Board shall determine whether
granting the requested waiver would likely result in one or more significant
detrimental impacts to the health, safety or welfare of the Town or its residents,
including any likely detrimental environmental effects. If the Board finds
there would be, or would likely be, one or more such detrimental impacts which
cannot be prevented by the imposition of one or more reasonable conditions,
it shall deny the waiver request.
Any person violating any of the provisions of this chapter shall be
guilty of a misdemeanor and, upon conviction thereof, shall be punished by
a fine not exceeding $1,000 for each offense or by imprisonment in the county
jail for not more than six months, or by both such fine and imprisonment.
The Town Board shall also have the power to bring a civil action to restrain
any violation of this chapter in a court of competent jurisdiction. When a
violation of this chapter is continuous, each 24 hours thereof shall constitute
a separate and distinct offense.
