Town of Cheektowaga, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Cheektowaga as Ch. 41 of the 1985 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 206.
This chapter shall be known and may be cited as the "Sanitary Landfill Ordinance of the Town of Cheektowaga, New York."
This chapter is adopted in order to promote the health, safety and general welfare of the residents of the Town of Cheektowaga by regulating the establishment and operation of refuse disposal areas known as "sanitary landfills."
This chapter establishes minimum standards for the design and operation of a sanitary landfill for the disposal of solid wastes, authorizes the issuance of a license for the operation of a sanitary landfill, authorizes the inspection of sanitary landfill operations, limits the materials that may be deposited in a sanitary landfill and fixes penalties for violations.
For the purpose of this chapter, certain terms or words used herein shall be interpreted or defined as follows:
BEDROCK
Cemented or consolidated earth materials exposed on earth surface or underlying unconsolidated earth materials.
COVER MATERIAL
Soil or other suitable material that is used to cover compacted solid waste in a land disposal site.
DAILY COVER
A compacted layer of at least six inches of cover material that is placed on all exposed solid waste in a landfill at the end of each day of operation.
FINAL COVER
A compacted layer of at least 24 inches of cover material, the uppermost six inches of which is soil of a composition suitable to sustain plant growth and that is placed on all surfaces of a landfill where no additional refuse will be deposited within one year.
GARBAGE
Putrescible solid waste, including animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking or serving of foods. Garbage originates primarily in home kitchens, stores, markets, restaurants and other places where food is stored, prepared or served.
GROUNDWATER TABLE AND GROUNDWATER
Respectively, the seasonally high surface of the zone of full saturation of the soil, at which the groundwater is subjected to atmospheric pressure, and the water in the ground for which a groundwater table exists.
HAZARDOUS WASTE
Solid waste, or a combination of solid wastes, which, because of its quantity, concentration or physical, chemical or biological characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may cause or significantly contribute to a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed. Such wastes shall include but not be limited to wastes which are bioconcentrative, highly flammable, explosive, highly reactive, toxic, poisonous, radioactive, irritating, sensitizing or infectious and shall include wastes that are solid, semisolid, liquid or contained gases.
INDUSTRIAL WASTE
Wastes in liquid, semisolid or solid form that result from industrial or commercial processes, including but not limited to factories, processing plants and repair and cleaning establishments, which wastes include but are not limited to sludges, oils, solvents, spent chemicals and acids.
INTERMEDIATE COVER
A compacted layer of at least 12 inches of cover material that is placed on all surfaces of a landfill where no additional refuse will be deposited within 30 days.
LEACHATE
Liquid which has percolated through solid waste.
LICENSE
A permit issued by the Town Board to operate a sanitary landfill in the Town of Cheektowaga valid from January 1 through December 31.
LIFT
The vertical thickness of a compacted volume of solid waste and the cover material immediately above it.
OPERATOR
The person who is responsible for the operation of a solid waste management facility.
PERSON
Any individual, public or private corporation, political subdivision, government agency, department or bureau of the state, municipality, industry, copartnership, association, firm, trust, estate or other legal entity.
REFUSE
All putrescible and nonputrescible solid wastes, including garbage, rubbish, ashes, incinerator residue, street cleanings, dead animals, demolition and construction debris, automobile bodies, offal and solid commercial and industrial wastes.
RUNOFF
The portion of precipitation that drains from an area as surface flow.
SANITARY LANDFILL
A land disposal site employing an engineered method of disposing of solid wastes on land in a manner that minimizes environmental hazards by spreading the solid wastes in thin layers, compacting the solid wastes to the smallest practical volume and applying and compacting cover material at the end of each operating day.
SOLID WASTE
All putrescible and nonputrescible materials or substances discarded or rejected as being spent, useless or worthless or as excess to the owner(s) at the time of such discard or rejection, including but not limited to garbage, refuse, industrial and commercial waste, sludges from air or water control facilities, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction debris, discarded automobiles and offal, but not including sewage and other highly diluted water-carried materials or substances and those in gaseous form.
SURFACE WATER
Lakes, bays, sounds, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial limits of the state and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private.
WORKING FACE
That portion of a sanitary landfill where waste is discharged and compacted prior to placement of cover material.
It shall be unlawful for any person to develop or operate a sanitary landfill within the limits of the Town of Cheektowaga without holding a valid license to operate a sanitary landfill issued by the Town Board.
A. 
License applications shall be submitted to the Town Clerk. After review and recommendations from the Planning Board and the Engineering Department, the Town Board shall approve, disapprove or approve conditionally the applications. Upon approval by the Town Board, a one-year license to operate a sanitary landfill shall be issued by the Town Clerk.
B. 
Annual license renewals shall be approved by the Town Board. A written request for license renewal shall be submitted to the Town Clerk 60 days prior to the expiration date of the license to be renewed. The applicant shall state in writing whether there is any change in the information contained in the original license application. When changes in license provisions are sought, the applicant shall submit the revised application, and the same procedures shall be followed as prescribed for an original license application. In granting license renewals, the Town Board shall review the applicant's demonstration of compliance with permit regulations for the previous operating year. License renewals shall be for a maximum of nine years.
C. 
The fee to be submitted with the application for a sanitary landfill license shall be $250.
D. 
The fee for renewal of the license shall be $250 annually.
A. 
Application for a sanitary landfill shall include the following information, which shall become a part of any approved license:
(1) 
Location map, at a scale of one inch equals 1/2 mile, contoured at ten-foot intervals.
(2) 
Topographical maps of proposed fill and adjacent areas, certified by a person or firm registered to practice land surveying in the State of New York, at a scale of one inch equals 200 feet at two-foot contour intervals, which shall include the following:
(a) 
Proposed fill area and depth.
(b) 
Borrow pit areas.
(c) 
Typical cross sections of lift, and dimensions and elevations of the base lifts.
(d) 
Special drainage and leachate sealing procedures to protect ground- and surface water.
(e) 
Grades required for the proper drainage of each lift, and final grade.
(f) 
Location and elevation of public and private water supplies, wells, springs, streams, swamps or other bodies of water within one mile of the proposed landfill property lines.
(g) 
Location of all homes, industrial buildings, roads and other applicable details within 3/4 mile of the disposal site.
(h) 
Wind patterns and velocities, by rose.
(i) 
Location of underground and surface mines within 1/4 mile of the proposed landfill site property lines, showing the extent of deep mine workings, the elevation of the mine pool and the location of mine pool discharges.
(j) 
Location and elevation of the water table, including seasonal variations thereof, and drainageways.
(k) 
Location of gas and oil wells.
(l) 
Location of high-tension power line rights-of-way.
(m) 
Location of fuel transmission pipeline rights-of-way.
(n) 
Location of highest ground- and surface water and elevations.
(o) 
Location of access routes and approach roads.
(p) 
Fire control and water supply.
(q) 
Property boundaries.
(r) 
On-site roads.
(s) 
Ground cover and other physical features on the site, if applicable.
(t) 
Location of test wells.
(u) 
Location of bench mark. A bench mark shall be established and maintained at the site.
(3) 
Topographical map for terminal treatment.
(a) 
The applicant shall provide a topographical map at a scale of one inch to 200 feet on two-foot contours, showing completed grade after settlement not exceeding contours of site boundary. [See § 153-8I(9).]
(b) 
The applicant shall include a detailed program for closure of the facility proposed for implementation when use of the facility permanently terminates.
(4) 
Soil hydrogeological characteristics.
(a) 
The applicant shall provide a report on the soils and the geological and groundwater characteristics of the proposed site, based on sound geological investigation, including depth and pitch of bedrock, either from on-site testing or reliable survey data.
(b) 
Borings or wells shall be drilled five feet into the groundwater or bedrock or 20 feet below the base of the proposed landfill, whichever is shallower. One boring or well shall be drilled near the point of highest elevation.
(c) 
A minimum of one groundwater monitoring well shall be drilled in each dominant direction of groundwater movement in order to check the effect of operations on original groundwater quality.
(d) 
Test wells surrounding the site shall not be more than 500 feet apart.
(e) 
Characteristics of cover material may include soil surveys from soil conservation services.
(f) 
Characteristics of base material shall be shown in the same manner as above or by test borings to bedrock.
(g) 
A report to be prepared by geologists shall be included.
B. 
Engineering plans, reports and specifications submitted for approval shall be prepared by a person or firm registered to practice professional engineering in the State of New York.
A. 
Weighing facilities shall be provided.
B. 
Operational facilities shall be provided.
(1) 
There shall be provided a list of proposed disposal equipment, showing numbers, types and size, as well as equipment shelters.
(2) 
Personnel facilities shall include locker rooms, toilets, showers and a safe drinking water supply.
(3) 
Facilities shall include all necessary utilities.
C. 
Characteristics of cover material.
(1) 
Cover material shall be suitable soil or other material which shall have a medium to moderately coarse texture and shall be of such character that it compacts well, does not crack excessively when dry and is relatively free of decomposable material and large objects.
(2) 
Where cover material is limited as to quantity or is not available on the site, design and operational plans must include a description of a source of cover material, indicating such things as soil type, volumes to be used, transport methods and contract arrangements.
D. 
Prevention of groundwater pollution.
(1) 
To minimize risk of groundwater pollution from landfill leachate, an impermeable membrane shall be provided.
(2) 
Migration of leachate within the landfill shall be funneled to a point where it can be collected in a reservoir on or below the surface and treated before discharge. This may be accomplished by ditches, tile drains or pumping wells.
E. 
Prevention of surface water pollution.
(1) 
Cover material and drainage control structures shall be designed, graded and maintained to prevent ponding and erosion and to reduce to a minimum infiltration of water into the solid waste cells. Surface runoff shall be monitored weekly and shall pass into a catch-water basin and be treated before discharge.
(2) 
The catch basin shall be constructed to prevent leaching and shall have a compacted clay or impermeable membrane lining.
(3) 
Facilities shall be shown to treat the catch basin effluent suitable for discharge into a Class B stream.
(4) 
Drainageways from the landfills shall not in any way modify the water table or other resources.
F. 
Gas venting. Vents shall be provided as necessary in each cell to prevent the accumulation of gas. Construction design shall be shown.
G. 
Provision for access roads.
(1) 
Access roads to the entrance of the landfill shall be surfaced with such materials as asphalt or gravel and shall be provided with a base capable of withstanding anticipated load limits. Prevention of dusting shall be required. Roads shall be maintained safe and passable at all times.
(2) 
An all-weather access road negotiable by loaded collection vehicles shall be provided from the entrance gate of the landfill to the unloading area.
(3) 
Signs indicating traffic flow and hours of operation shall be provided. Access to the facility shall be permitted only when an attendant is on duty.
H. 
Prohibited materials; unloading requirements.
(1) 
The following materials shall be prohibited from the landfill: radioactive wastes, inorganic wastes such as chromium, arsenicals, cadmium and heavy metals (lead, mercury), organic liquids, industrial wastes, flue dusts containing toxic residues and any wastes which might become biologically harmful in a leachate or promote degradation of the particular membrane composition used. No hazardous or industrial waste nor materials which, when combined together, will produce hazardous waste shall be disposed of.
(2) 
Unloading areas shall be specified and restricted to a proper distance from the working face so as to permit collection vehicles to unload promptly.
(3) 
An attendant shall direct vehicles to unloading areas.
(4) 
The operator shall show the method of confinement of windblown waste within the operating landfill area.
(5) 
Supervision shall be continuously available to coordinate the unloading activities with all construction and covering.
(6) 
All large foreign objects which will not provide full contact surface area or which may result in the introduction of an air pocket to the fill shall be removed.
I. 
Cover, compaction and grading requirements.
(1) 
Solid waste shall be spread in two-foot layers or less and compacted upon deposition at the working face. The working face shall be restricted to the smallest area practicable.
(2) 
The size of the active fill area shall be confined to ensure that blended waste will be spread, compacted and covered daily.
(3) 
Each lift shall have a minimum of 12 inches of cover. Lift height shall not exceed 10 feet.
(4) 
Six inches of daily cover shall be placed upon all exposed solid waste at the end of each operating day.
(5) 
Intermediate cover shall be applied whenever an additional lift of refuse is not to be applied within 30 days.
(6) 
Final cover shall be applied in each of the following circumstances:
(a) 
Whenever an additional lift of refuse is not to be applied within one year.
(b) 
To any area of landfill attaining final elevation, within 90 days after such elevation is attained.
(c) 
To an entire landfill which is the subject of an application that is denied or a permit that terminates for any reason, within 90 days of such denial or termination.
(7) 
All fill areas or excavations shall terminate no closer than 50 feet from the boundary lines of the property on which the landfill is operated.
(8) 
The final earth covering for surface and side slopes shall be compacted and maintained at a depth of at least 24 inches.
(9) 
The maximum side slope shall be 3% as measured from the lowest boundary elevation. A minimum side slope of 1% shall be provided for adequate drainage.
J. 
Equipment. Equipment shall be sufficient for the on-site pretreatment, size reduction, blending, spreading, compacting and daily covering operations.
K. 
Fire, health and safety protection.
(1) 
Fire protection and fire-fighting facilities adequate to ensure the safety of employees and provisions to deal with accidental burning of blended wastes within the landfill shall be provided.
(2) 
Emergency first aid equipment for adequate treatment of injuries shall be provided.
(3) 
Fences shall be provided to enclose the landfill to discourage unauthorized people from entering the fill. Fencing must be mechanically and aesthetically acceptable and approved by the Town Building Inspector.
(4) 
Signs indicating the nature of the landfill and specific hazardous areas shall be provided.
(5) 
A telephone or equivalent type of communication shall be available at the fill site.
(6) 
Twenty-four-hour surveillance over the fill site shall be maintained with appropriate security.
(7) 
The fill operation shall be monitored full-time daily by an agent of the Town of Cheektowaga.
(8) 
The landfill operator shall provide a reference sample and test report from each test well, weekly, to the town's monitoring agent.
(9) 
The catch basin effluent shall be monitored continuously to meet state and federal standards.
(10) 
The operator shall provide all necessary services to prevent infestation by scavengers, rodents or insects.
L. 
Operational records. A permanent written log shall be maintained by the landfill operator, including the following information:
(1) 
Source of each load deposited.
(2) 
Types, quantities and weight of wastes received.
(3) 
The location in the landfill on a fifty-foot grid of the landfill plot plan.
(4) 
Any deviation from the operating plans and specifications.
A. 
The agent of the town shall be a person approved by the Town Board of the Town of Cheektowaga employed by the landfill operation to act in the best interests of the town and to protect the health, welfare and safety of the residents of the Town of Cheektowaga.
B. 
Duties of agent.
(1) 
The agent shall monitor the landfill operation.
(2) 
The agent shall continuously monitor the material brought for disposal.
(3) 
The agent shall report bimonthly to the Town Board of the Town of Cheektowaga and report any deviation from the rules and regulations for the sanitary landfill.
C. 
Salary of town agent. The salary of the town agent shall be paid by the landfill operator and shall be based on appropriate civil service rates.
A use fee shall be charged based on 5% of the operator's dumping charge, as determined by daily log records, and shall be payable monthly to the Town of Cheektowaga on or before the 10th day of the month following.
The operator shall provide a minimum bond of $5,000 per acre to insure terminal recovery of the landfill area as outlined on the permit application. The bond shall remain in effect for five years after terminal recovery.
The dumping of garbage, trash, junk or waste material shall be prohibited in all parts of the Town of Cheektowaga except those approved for sanitary landfills.
A. 
Any legal evidence of infractions of the rules and regulations for the operation of the landfill shall justify the termination of the license after a duly held hearing before the Town Board.
B. 
Any legal evidence of pollution by leachate in the test wells or surface water effluent shall justify suspension of the license by the Town Board.
A. 
Any person who commits or permits any act or acts in violation of any of the provisions of this chapter shall be deemed to have committed a violation against such chapter 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 chapter, the person violating the same shall be subject to a fine of not more than $100 or imprisonment not exceeding 15 days, or to both such fine and imprisonment.
C. 
Conviction for any above-mentioned violation shall constitute and effect an immediate forfeiture of the license.
D. 
Any person violating this chapter shall be subject to a civil penalty enforceable and collectible by the town in the amount of $100 for each such violation. Such penalty shall be collectible by and in the name of the town for each day that such violation shall continue.
E. 
In addition to the above-provided 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 violation of such chapter.
If any section, subsection, paragraph, sentence, clause or phrase of this chapter should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this chapter, which shall remain in full force and effect; and to this end the provisions of this chapter are hereby declared to be severable.
Upon adoption by the Town Board, this chapter shall take effect 10 days after its publication as required by the laws of the State of New York, except this chapter shall take effect from the date of its service as against a person served personally with a copy thereof, certified by the Town Clerk under the Corporate Seal of the town, showing the date of its passage and entry in the minutes.