This article is adopted for the purpose of promoting
the health, safety and general welfare of the people of the Town of
New Berlin, including the protection and preservation of the environment
and its inhabitants and in all matters related thereto, by prohibiting
waste to be disposed of or stored in the Town of New Berlin.
[Adopted 2-5-1990 by L.L. No. 1-1990]
As used in this article, the following terms
shall have the meanings indicated:
Dirt, rock, bricks, stumps, mortar or cement.
The burning, discharge, deposit, injection, dumping, spilling,
leaking or placing of waste into the land, water or air.
Includes an individual, firm, partnership, corporation or
association of persons.
Includes the Department of Environmental Conservation (DEC),
the Environmental Protection Agency (EPA), the Department of Transportation
(DOT) and other agencies with regulatory authority over these matters.
[Added 8-21-1995 by L.L. No. 5-1995]
Containment of waste such that it does not constitute disposal.
Hazardous waste, municipal waste, industrial waste, special
waste, solid waste, sewage sludge or construction and demolition debris.
Except as otherwise provided in this article,
the disposal or storage of waste on any public or private lands in
the Town of New Berlin is strictly prohibited.
Nothing contained herein shall be deemed to
prohibit any person from spreading nonhuman animal waste used for
fertilizer for agricultural purposes, clean hard-fill or existing
household disposal facilities used exclusively by the persons occupying
the property as of the date of this article as long as such disposal
is in compliance with local, county, state and federal laws.
The Town Board may issue a permit for the disposal or storage of nonhazardous wastes not included in § 124-4 above if the Town Board is advised by regulatory authorities that the site is environmentally suitable and, further, the disposal or storage will not endanger the health, safety and general welfare of the people of the Town of New Berlin. Application for such permit shall be made to the Town Clerk and shall include the following:
A.
Fees for said permit will be levied annually in an
amount as set forth from time to time by resolution by the Town Board.
[Amended 8-21-1995 by L.L. No. 5-1995]
B.
Any costs incurred by the Town Board for consultation
fees or extraordinary expenses in connection with the review of the
application of permit will be charged to the applicant.
C.
Any site for which a permit is issued pursuant to
this article and any facility utilized at a site for which a permit
has been issued under this article must be maintained and constructed
in accordance to DEC laws and regulations and in accordance with any
other Town, county, state and federal law(s).
D.
The Town Board reserves the right to refuse to issue
a permit to an applicant if the applicant has been convicted of a
misdemeanor or felony which, in the judgment of the Town Board, renders
the applicant an unfit or undesirable person or if the applicant fails
to meet and/or demonstrate the ability to meet the requirements of
this article to the satisfaction of the Town Board.
[Amended 8-21-1995 by L.L. No. 5-1995]
E.
Applications for permits may be acquired from the
Town Clerk. The completed application form is to be submitted to the
Town Clerk for review by the Town Board and/or persons deemed necessary
by the Town Board. A decision to issue a permit will be allowed only
after definitive review, as a minimum, by the Town of New Berlin Planning
Board and the Town Board. The Town Board will have 90 days from acceptance
of the permit application to render a decision of issuance, nonissuance
or continuance for further information.
A.
The applicant must have environmental impairment liability
coverage for sudden or nonsudden occurrences and coverage for cleanup
costs in the following amount: $1,000,000 for the disposal or storage
of waste.
[Amended 8-21-1995 by L.L. No. 5-1995]
B.
The Town of New Berlin is to be included as an additional
insured.
C.
The issuing insurance company must have a BEST rating
of A+ Class V or better.
D.
Proof of insurances shall be in the form of a certificate
of insurance. It should also provide that the Town of New Berlin will
get 120 days' prior notice of policy cancellation and that policy
premiums have been paid in full for one year. Fronted policies will
not be accepted.
E.
Evidence of an irrevocable letter of credit in the
amount equal to the minimum amount of liability coverage ($250,000
or $1,000,000) must be provided to the Town Board.
[Amended 8-21-1995 by L.L. No. 5-1995]
This article may be enforced by the Town Board
or representative of the Town Board, County Codes Enforcement Officer,
Code Enforcement Officer, State Police, Sheriff's Department, Environmental
Conservation Officers or any other police officer, as well as by citizen's
complaint. Any individual has the prerogative to file a signed or
written complaint with any of the above-mentioned enforcement agencies.
A.
Any person violating any of the provisions of this
article shall be guilty of a misdemeanor and, upon conviction thereof,
shall be punished by a fine not exceeding $1,000 for each offense
or by imprisonment in the county jail for not more than six months,
or by both such fine and imprisonment.
B.
The Town Board shall also have the power to bring
civil action to restrain any violation of this article in a court
of competent jurisdiction.
C.
When the violation of this article is continuous,
each 24 hours thereof shall constitute a separate and distinct offense.
D.
Any person violating any provisions of this article
shall incur the cost of cleanup and any damages resulting from the
disposal or storage, the cost of litigation and any costs to the Town
of New Berlin for reasonable consultation fees or extraordinary expenses
in connection with a review.
E.
The Town Board reserves the right to revoke any permit
issued upon the conviction of a misdemeanor or felony violation of
this article, county law, state law, federal law and/or other cause
shown. A revocation hearing will be held after a minimum of five days'
written notice to the permit holder. The written notice will specify
the alleged violation and be forwarded to the person by certified
mail, return receipt requested, at the principal office or address
filed with the Town Clerk on the permit application, the person subject
to cost of subsequent litigation (if any), site closure and consultation
fees.
[Amended 8-21-1995 by L.L. No. 5-1995]