[Adopted 7-17-1976]
This article shall be known as the "Sanitary Landfill Ordinance of the Town of Caledonia."
It is the purpose of this article to promote the health, safety and general welfare of the residents of the Town of Caledonia by the proper regulation of disposal areas known as sanitary landfills, to prohibit the dumping of refuse in the Town except in such areas and prohibit the open burning of refuse in such areas.
As used in this article, the following terms shall have the meanings indicated:
DISPOSE (and all of its derivatives)
To dump, deposit or throw away by a person or by another with the consent or approval, active or passive, of a person in a position to control or prevent the same.
OPERATOR
A person who shall operate a sanitary landfill site for which a permit is granted hereunder.
PERSON
An individual, association, partnership or corporation or any combination thereof and the agent or employee thereof.
REFUSE
Includes any one or more of the following: garbage, trash, rubbish and similar used or waste material.
SANITARY LANDFILL
A disposal area conducted in compliance with the regulations prescribed herein.
No person shall receive or accept for disposal or delivery or dump or offer for disposal any refuse on any land or at any location, site or area within the Town of Caledonia, unless such land, location, site or area is a sanitary landfill disposal area and has been licensed as such as provided hereunder, and no person shall operate any such disposal area unless the same has been licensed as provided hereunder.
Any person who shall desire and intend to establish, operate and maintain a sanitary landfill in the Town of Caledonia shall execute under oath an application to the Town Board for a license which shall contain the following information:
A. 
The name and address of the applicant.
B. 
A brief description of machinery and equipment which will be used in the operation of the site.
C. 
The minimum number of employees he intends to engage in the operation of the site.
D. 
The maximum volume of refuse the applicant will accept for disposal on a weekly and on a monthly basis.
E. 
The name and address of the owner of the land upon which the site is to be located and, if the applicant is not the owner, the nature of his right of occupancy of such land and, if the applicant is a corporation, the names of all shareholders and the number of shares held by each shareholder and, if the applicant is a partnership, the name of each partner and the interest held by each such partner.
F. 
There shall accompany such application a map or plan of the premises drawn to a scale of not less than one inch to 100 feet showing the following:
(1) 
The location of all boundary lines and/or streets and highways abutting the premises and all dwellings situate within 500 feet of the area intended for use as a landfill.
(2) 
The exact location of the area intended for use as a landfill.
(3) 
The exact location of areas formerly used for landfill purposes and completed at the time of application.
A. 
The annual fee for the issuance of a license hereunder, or any renewal thereof, shall be as set from time to time by the resolution of the Town Board.
[Amended 8-11-1994 by L.L. No. 4-1994]
B. 
The vehicles which haul the refuse or wastes would be required to secure a permit to be issued by the Town Board. The name of the collector, the collector's town of collection and the number of the vehicle, if the collector has more than one, should be clearly printed and readily visible on each side of the vehicle.
C. 
Such license shall at all times be displayed conspicuously at or near the entrance to the site for the operation of which it was issued.
D. 
Any license issued hereunder shall be effective from the date of its issuance until one year thereafter. A license hereunder may be renewed for additional one-year periods, provided that all regulations contained in this article are being complied with.
E. 
All permits or licenses issued under this article shall be nontransferable from or assignable by the named permittee or licensee thereof. For the purpose of this subsection, if such permit or such license is issued to a corporation, any type of transfer or assignment of the ownership of a share or shares of stock in said corporation subsequent to the issuance of a permit or license hereunder by the owner or owners of said share or shares of stock at the time of the issuance of the permit or license hereunder, which transfer or assignment would cause the controlling interest in said corporation to be vested in a party other than the party holding controlling interest in the corporation at the time of the issuance of the license or permit hereunder, except through inheritance or disposition on death, shall be deemed and considered a transfer or assignment within the meaning of this section. Further, in any event, the Town Board of the Town of Caledonia must be notified in writing by the corporate licensee or permittee as to any transfer or assignment of ownership of a share or shares of stock in said corporation, whether or not such transfer vests controlling interest of the corporation in another party. Any transfer or assignment as defined in this subsection will cause an automatic revocation of any permit or license issued hereunder.
F. 
Such license may be revoked or suspended by the Town Board for the violation of any regulations herein after a public hearing at which the licensee shall have an opportunity to be heard.
A. 
A person who shall operate a sanitary landfill site for which license is granted hereunder shall be responsible for the operation and management of said site.
B. 
The operator shall not accept refuse for disposal at any sanitary landfill site on Sundays or before 7:00 a.m. or after 4:00 p.m., prevailing time, on other days. The operator shall post at the entrance gate of the sanitary landfill site a sign stating the hours of the day during which refuse will be accepted for disposal as herein specified. No refuse may be accepted outside of such hours, during which time the entrance gate will be kept closed and securely locked.
C. 
Refuse generated outside of the Town of Caledonia, New York, will not be accepted at facilities licensed by the Town of Caledonia unless authorized by the Town Board and consistent with the Regional Comprehensive Plan as it relates to solid waste management.
D. 
The refuse is to be covered before the close of the working day.
E. 
The area designated to be used for landfill purposes shall be no less than 500 feet from any dwelling or from any public street or highway and no less than 100 feet from any adjoining property boundary.
F. 
The Department of Environmental Conservation shall establish the depth of the landfill.
G. 
The area designated to be used for landfill purposes shall be enclosed with a suitable fence and entrance gate to contain blowing papers and to secure the area during nonoperational hours. All unloading of solid waste shall be conducted in such a manner as to eliminate odor and litter outside the facility, and such litter and odor outside of the facility would constitute a temporary suspension of the permit until the violation is remedied.
H. 
Refuse should not be unloaded when weather conditions, e.g., high winds, make it probable that the litter may be carried beyond the limits of the sanitary landfill.
I. 
Sanitary landfill sites are prohibited in a major groundwater recharge area when its location can be identified by reliable engineering investigations or where it can be shown that public or private water supplies would be jeopardized by pollution.
J. 
Salvage or scavenger operations shall not be permitted at any landfill.
K. 
All material used in the covering of refuse shall be taken from within the area designated to be used for landfill purposes on the map required by § 107-7F of this article.
L. 
At the discretion of the Town Board, a groundwater and surface water monitoring system may be required, at the licensee's expense.
M. 
The Town Board shall require the operator to post a letter of credit to guarantee the performance of the requirements of this article.
N. 
Any peace officer, the Town Clerk, members of the Town Board or their duly authorized representatives shall be granted access to any sanitary landfill site permitted hereunder to inspect the same for compliance herewith.
O. 
The completed area of any landfill shall have a finished slope of no greater than 25%.
P. 
The sanitary landfill shall be operated in compliance with the New York State Sanitary Code.
A. 
The bodies of all vehicles used to haul, transport or dispose of refuse or other solid waste should be of metal or other impervious material. All vehicles shall be constructed and maintained so as to prevent refuse from accumulating in or on the body and shall be capable of being completely emptied.
B. 
Any vehicle used to haul garbage, wet or dry, shall be of the packer-type with fully enclosed body or other approved type to minimize the escape of any noxious or disagreeable odors or the escape of any of the vehicle's contents, either liquid or solids.
C. 
Any vehicle, the use of which is intended for dry wastes such as trash, rubbish, empty boxes, papers, grass and tree trimmings, cans, bottles and all similar materials, may be of the open-body type but shall be equipped with eye hooks, cleats or other similar hold-fast facilities fixed to the sides and ends of the vehicle and with a tarpaulin or other approved cover to prevent blowing off, spilling or scattering of the same along the route of the haul.
A. 
Special provisions for special wastes other than municipal solid wastes, i.e., normal, residential and commercial solid waste generated within a community, are as follows: The disposal of all hazardous and special wastes is prohibited at a sanitary landfill.
B. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
HAZARDOUS WASTES
Waste materials that are toxic or poisonous, corrosive, irritating or sensitizing, radioactive, biologically infectious, explosive or flammable and that present a significant hazard to human health and the environment. They include but are not limited to those materials and concentrations of materials that are determined to be toxic by the Secretary of Health, Education and Welfare pursuant to Section 20(6) of the Occupational Safety and Health Act of 1970 (Public Law 91-596).
INFECTIOUS WASTES
Equipment, instruments, utensils and fomites (any substance that may harbor or transmit pathogenic organisms) of a disposable nature from the rooms of patients who are suspected to have, or have been diagnosed as having, a communicable disease; laboratory wastes, including pathological specimens, i.e., all excrete and secretions obtained from patients or laboratory animals and disposable fomites attendant thereto; surgical operating room pathological specimens and disposable fomites attendant thereto; and similar disposable materials from outpatient areas and emergency rooms.
SPECIAL WASTES
Includes but is not limited to materials from construction, repair, demolition and excavation, solid industrial wastes, large condemned or dead animals and solid wastes from slaughterhouses, food processing facilities, markets, butcher shops and similar establishments, hazardous wastes and infectious wastes. Normal residential and commercial wastes associated with municipal solids wastes are not included.
A. 
Any person who commits or permits the commission of any act or acts in violation of any of the provisions of this article shall be subject to a fine of not more than $250 or imprisonment for not more than 15 days, or both such fine and imprisonment, and/or suspension of the permit for a period of at least five days, for each such violation. Each day such violation shall continue or be permitted to exist shall constitute a separate violation.
B. 
In addition to the penalties herein provided for, 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 any violation of this article.