LOCAL LAW FOR THE YEAR 2015 TOWN OF NEWFIELD SOLID WASTE MANAGEMENT FACILITIES LAW Section I TITLE This Local Law shall be known as and may be cited as the ?Solid Waste Management Facilities Law of the Town ofNew?eld." Section II DECLARATION OF FINDINGS A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants of the Town of Newfield and the safeguarding of their material rights against unwarrantable invasion and for the protection of the public health, and, in addition, such an environment is deemed essential to the maintenance and continued development of the economy of the Town and the general welfare of its citizens. It is further declared that the establishment or operation of private dumps, dumping grounds, refuse disposal areas, waste transfer stations, land?ll sites or similar land uses is a hazard to such health, safety and welfare of the citizens of the Town necessitating the elimination thereof. Sanitary and industrial waste dumped upon the soil emits obnoxious odors and fumes and is on its face an unsanitary and unhealthy condition. By the adoption of this law, the Town Board of the Town of New?eld declares its intent to regulate in a manner consistent with the interest of the citizens of the Town of New?eld the dumping of garbage, rubbish, refuse, sanitary or industrial waste and similar waste material on the lands within the Town. Unattended, private garbage dumps and diSposal areas attract rodents and vermin and become breeding places for them. All of these conditions can adversely affect the development of the Town unless they are properly and care?illy regulated. Therefore, in exercise of the Town?s police powers under the Municipal Home Rule Law and Sections 130 and 136 of the Town Law for the physical well?being and safety of its citizens and to restrict waste disposal operations within the Town in accordance with and as allowed by Section 27-0711 of the New York Environmental Conservation Law be it enacted as follows. Section APPLICABILITY This law shall apply to all lands within the Town of Newfield. Section IV PURPOSE The Town intends by this Local Law to: A. Restrict the operation of solid waste management facilities within the Town of New?eld in order to promote a clean, wholesome and attractive environment for the community. B. Protect the residents of the Town from undesirable effects of solid waste disposal operation including: l. unaesthetic results, including odors, blowing litter, increased traf?c, dust, and noise; and, 2. threats to public health or the environment by contamination of air, surface water or groundwaters; and, 3. damage to Town roads over which solid waste would be transferred to and from a waste management facility. SECTION DEFINITIONS A. Unless de?ned below or the context otherwise requires, the terms and words used in the Local Law shall have the same meanings as those de?ned in 6 ?360-l .2 B. As used in this Law, the following terms shall have he meanings indicated: GARBAGE Shall include waste, food, or parts thereof, vegetable matter of any kind, or any other matter which shall be capable of fermentation or decay or which shall give off an odor. INDUSTRIAL WASTE Shall include process wastes from manufacturing, commercial or industrial processes. PERSON Shall include an individual, business, society, club, ?rm, partnership, corporation or association of persons, and the singular number shall include the plural number. REFUSE Shall include waste metal, metal cans, ashes, cinders, glass, pottery, paper, cardboard, rags, bottles, rubbish, wood, lumber and all other discardable substances, other than garbage. RESIDENT Persons having their domicile within the limits of the Town of New?eld, Tompkins County, New York. SOLID WASTE Means any garbage, refuse and other discarded materials. SOLID WASTE MANAGEMENT FACILITY Means any facility employed beyond the initial solid or liquid waste collection process and managing solid or liquid waste including, but not limited to: storage areas or facilities, transfer stations, procession facilities; land?lls; ash?lls, disposal facilities; solid waste incinerators; recycling facilities; waste tire storage facilities, containment ponds or pools, sewage treatment plants and storage tanks or containers, or any other facility of any kind designated a solid waste management facility by the Department of Environmental Conservation. TRANSFER STATION Means a solid waste management facility where solid waste is received for the purpose of subsequent transfer to another solid waste management facility or landfill for further processing, treating, transfer or disposal. Transfer of solid waste from vehicle to vehicle for the purpose of consolidating loads, as part of the initial collection process, is not considered a transfer station provided the transfer activity occurs along the collection route where the point of transfer changes from day to day. Section VI EXEMPTIONS A. The following are not subject to this Local Law: 1. Any diSposal and storage of manure in farming operations following sound agricultural practices; but not including sewage sludge processing or spreading. 2. Operations or facilities which receive or collect only non-putrescible, nonhazardous solid waste and bene?cially use or reuse or legitimately recycle or reclaim such waste. Such exempt facilities are limited to citizen recycling programs, town recycling operations, composting, farming operations, town highway operations and bona-fide salvage dealers. 3. Any bona-?de solid waste management facility previously in existence on the effective date of this Local Law shall remain exempt under the current termsand conditions of their operating permit. 13. None of the above exemptions shall be construed to permit any activity contrary to existing building codes or other laws or as exempting any other permit required by state or local law. SECTION VII COORDINATION WITH STATE LAW A. All relevant sections of Article 27 of the ECL and 6 Parts 360 to 364 and 617, are deemed to be included within and as part of this Local Law, and any violation thereof shall be considered to constitute a violation of this Local Law. B. The provisions of this Local Law shall be interpreted in such a manner as being consistent with state law, except that the more stringent requirements of this Local Law shall apply. SECTION PROHIBITIONS A. No solid waste management facility shall hereafter be constructed or allowed to commence operation in the Town of Newfield and no permit for such construction or operation shall be granted. SECTION IX PENALTIES FOR OFFENSES: ENFORCEMENT A. All violations of this Local Law or any of its regulations or provisions, shall be deemed Class A misdemeanors, punishable by a ?ne not exceeding five thousand ($5,000) dollars or imprisonment not exceeding one (1) year, or both. Each and every day that a violation of this Local Law is permitted to exist shall constitute a separate offense. B. Any violation of this Local Law or regulation or provision thereof shall create a liability to the people of the Town for civil penalty not to exceed ?ve thousand ($5,000) dollars, to be after a hearing or opportunity to be heard, upon due-notice and with the right to specification of the charges and representation by counsel at such hearing. Each and every day that a violation of this Local Law occurs or continues shall constitute a separate violation for purposes of civil liability. C. Upon any violation of this Local Law by any person, the Town shall be entitled to obtain an injunction against such persons prohibiting further violations and, in addition, ordering that any solid or liquid wasted disposed of in violation hereof be removed from the Town, and ordering that any land on which solid or liquid waste is disposed of in violation of this Local Law be restored as nearly as possible to its former condition by the removal of any waste illegally disposed of and by such other restorative former condition by measures as are available, and further ordering that the operator remedy any effects of the violation of surrounding or adjacent properties or resources, including, without limitation, air, trees, crops, water bodies, wetlands and groundwaters. D. The Town Code Enforcement Of?cer shall be responsible to receive, investigate and enforce this Local Law to issue citation with respect to same. Any and all such citation shall be returnable before and determined by the Town Court for the Town of New?eld. SECTION SEVERABILITY If any part of the Local Law shall be judicially declared to be invalid, void, unconstitutional, or unenforceable, all unaffected provisions hereof shall survive such declaration, and this Local Law shall remain in ?tll force and effect as if the invalidated portions had not been enacted. SECTION XI EFFECT ON EXISTING PROVISIONS All ordinances or regulations heretofore adopted in relation to land?lls andjunk yards in the Town of New?eld are still in force unless inconsistent with this Local Law, which shall prevail in the event of inconsistencies. SECTION XII EFFECTIVE DATE This Local Law shall become effective when it is ?led with the Secretary of State pursuant to the Municipal Home Rule Law.