[Added 3-6-1989 by Ord. No. 89-08]
Any person dumping construction and demolition debris, as defined by New York State's Department of Environmental Conservation in 6 NYCRR Part 360-1.2(b)(33), and all existing construction and demolition landfills, within the corporate boundaries of the City of Schenectady, shall first receive a license for such activity from the Department of Engineering.
The application for the license shall consist of:
Written authorization of the New York State Department of Environmental Conservation, as defined in § 161-3 of this chapter;
A letter of approval from the City Engineering Department.
A fee of $1,000.
A bond in the sum of $100,000, executed by such applicant, with one or more sureties, conditioned to indemnify and save harmless the City against and from all damages and losses which may result from the operation of such landfills in such a way that injury or loss results to persons or property. These bonds must be renewed annually upon expiration.
Evidence of public liability insurance in an amount not less than $1,000,000. The liability policy must name the City of Schenectady as an additional insured to be saved harmless for personal liability and property damage. Insurance must be renewed each year.
This license shall remain in effect for one year from the date of issuance and shall be nontransferable.
Denial of an application shall fully state the reasons for such denial.
Dumping of construction and demolition debris under this chapter shall only take place between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.
The applicant will agree to limit the source of the debris to Schenectady County and immediately adjacent counties. On a monthly basis, the applicant will provide the Department with a notarized affidavit stating the time and date of each and every delivery to the landfill, the name and address of the owner of the vehicle that delivered the debris, the name and address of the driver of the vehicle and the source of debris.
A hardship permit allowing the applicant to accept debris from outside this area may be granted upon application to the Department of Engineering. It is in the sole discretion of the Department of Engineering whether to grant such permit upon a showing by the applicant that the debris will not be accepted elsewhere or that it will be accepted but with great difficulty for the applicant and there is an urgent need to dispose of such debris. The Department of Engineering will determine the length of time the permit is valid and the maximum amount of debris that may be dumped, and in no event shall it be valid for longer than one week, nor be issued more than three times per year per applicant. The fee to apply for such permit shall be $1,000.
All construction and demolition debris generated by the City of Schenectady or its agents must be accepted at any licensed landfill as described above.
[Amended 7-20-1992 by Ord. No. 92-31]
Representatives of the Department of Engineering and Department of Solid Waste and Collection, the Building Inspector and the property manager, upon the showing of proper credentials and in the discharge of their duties, may enter upon any land or premises, and no person shall interfere with or prevent such entry.
Licenses required by this article may be suspended or revoked by the Department of Engineering, at any time, in case:
The Department of Engineering finds that any statements or representations in the application process or thereafter were made fraudulently or with intent to deceive.
The licensee is in violation of any provision of this article.
For any other reason which the Department of Engineering deems to warrant suspension or revocation.
Any person who dumps any construction and demolition debris without a valid license or who violates any provision of this article may be fined $5,000 per day for each day in violation, to be recovered by the City in a civil action.
Whenever the Department of Engineering determines that there has been a violation of any provision of this article, he shall give notice of such violation to the person or persons responsible for the violation. Such notice shall be in writing. This notice shall specify the violation and shall provide for immediate compliance. Such notice shall be deemed to be properly served if a copy is served personally or if a copy is delivered by certified mail, return receipt requested, to the last known address or if a copy is posted in a conspicuous place in or about the premises affected by the notice and if a copy is mailed by certified mail.