Town of Wilson, NY
Niagara County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Wilson 11-15-1982 by L.L. No. 2-1982. Amendments noted where applicable.]
GENERAL REFERENCES
Landfill — See Ch. 84.
This chapter shall be known as and may be cited as the "Hazardous Chemical Wastes Prohibition Law of the Town of Wilson."
The Town of Wilson is primarily responsible for promoting the health, safety and general welfare of its residents and the environmental quality of its lands. Vineyards, orchards, truck farms, dairy farming, recreational fishing, residential developments and waterfronts flourish within the Town borders of the Town of Wilson. This chapter is designed to preserve, protect and ensure this quality of the natural and man-made environment within the Town of Wilson for this generation of residents and generations to follow. Therefore, it is hereby adopted by the Town of Wilson, for the purposes enumerated above, this chapter, which includes the definition of hazardous wastes by reference to the United States Federal Register, Volume 45, Number 98, dated May 19, 1980, entitled "Environmental Protection Agency, Hazardous Waste Management System, Identification and Listing of Hazardous Waste, Part 261," inclusive, as further modified and amended by subsequent changes in rules and regulations published thereof, which rules and regulations are now filed in the office of the Clerk of the Town of Wilson, and the same are hereby adopted and incorporated as fully as if set out at length herein.
This chapter shall apply to all territory within the confines of the Town of Wilson excepting any incorporated Village. Minor quantities of five pounds or less of hazardous chemical wastes resulting from local agricultural, commercial or residential sources are excluded from this chapter, provided that these wastes are managed in an environmentally safe manner, consistent with United States Federal or New York State regulations.
Certain terms used herein shall be defined as follows:
FACILITY
Any combination of structures and/or machinery, lagoons, pits, beds, excavations, landfills, burial sites and devices designed in whole or in part for the purpose of or in association with the permanent or temporary storage, recycling, processing, neutralizing, drying, solidification or incineration of hazardous chemical waste.
HAZARDOUS CHEMICAL WASTE
As described in the United States Federal Register, Volume 45, Number 98, dated May 19, 1980, entitled "Environmental Protection Agency, Hazardous Waste Management System Identification and Listing of Hazardous Wastes, Part 261," inclusive, as further modified and amended by subsequent changes in rules and regulations as published thereof.
PERSON
Any individual, partnership, firm, association, business, industry, enterprise, public or private corporation, political subdivision of the state, government agency, municipality, estate, trust or any other legal entity whatsoever.
No person shall construct, operate and/or establish a facility for the interment, storage, temporary storage, recycling and/or processing of hazardous chemical waste within the Town of Wilson. The only exemption under this section is that described in § 81-3 above.
A violation of this chapter or any regulations or provisions thereof will be deemed a Class A misdemeanor punishable by a fine not exceeding $1,000 or imprisonment not exceeding one year, or both. Each and every day that the violation of this chapter is permitted to exist will constitute a separate offense. Any violation of this chapter or regulation or provision thereof will create a liability to the people of the Town for a civil penalty not to exceed $5,000 to be assessed after hearing or opportunity to be heard, upon due notice and with the right specification of the charges and representation by counsel at such hearing.
All ordinances and local laws or parts thereof in conflict herewith are preempted by this chapter.
This chapter shall constitute part of the Code of Town of Wilson and shall take effect immediately upon filing in accordance with § 27 of the Municipal Home Rule Law.