Local Law No. 5 of the Year 1991
A local law Regulating the Disposal of Sludge, Sewage Sludge and Septage within the Town of Candor
Be it enacted by the Board of Councilmen of the Town of Candor as follows:
SECTION 1. Purpose.
The Board of Councilmen of the Town of Candor hereby
finds and determines that the disposal of sludge, sewage sludge
or septage within the Town of Candor or any part thereof poses a
potential threat to the health and safety of the residents of the
Town of Candor and to animals within the Town of Candor, and that
there may exist a potential for contamination of adjacent
property and water supplies which could constitute a potential
health and safety hazard to the Town of Candor and its residents
as well as to food chain crops and animals within the Town of
Candor. It is the purpose of this local law to provide for the
health, safety and welfare of the residents of the Town of
Candor, the owners of property within the Town of Candor, food
chain crops and animals within the Town of Candor by regulating
the disposal of sludge, sewage sludge and septage within the Town
of Candor.
SECTION 2. Definitions.
For the purpose of this local law, the following terms
shall have the meanings set forth hereinafter:
- "Dispose of" means to spread, apply, discharge,
deposit, plow, inject, dump, spill, process, store, leak or
place any sludge, sewage sludge or septage (as hereinafter
defined) into or on any land or water within the Town of Candor
or any part of the Town of Candor.
- "Person" means any individual, public or private
corporation, business corporation, political subdivision,
government agency, department, board or bureau of the state or
federal government, municipality, industry, partnership, copartnership,
association, firm, trust, estate, or any other legal
entity.
- ":Septage" means the contents of a septic tank,
cesspool or other individual sewage treatment facility which
receives domestic sewage wastes. "Septage" shall not be deemed
to include wastes resulting from farming operations, including
but not limited to dairying, beef, egg or chicken production when
such are conducted within the Town" of Candor and such wastes are
generated within the Town or Village of Candor.
- "Sewage sludge" means the accumulated semi-solid
suspension of solids deposited from waste waters from municipal
or private sewage treatment plants.
- "Sludge" means the accumulated semi-solid
suspension of settled solids deposited from waste waters or other
fluids. "Sludge" shall not be deemed to include the accumulated
semi-solid suspension of settled solids deposited or resulting
from farming operations, including but not limited to dairying,
beef, egg or chicken production when such are conducted within
the Town or Village of Candor and such wastes are generated
within the Town or Village of Candor.
SECTION 3. Prohibitions & Regulations
No person shall dispose of, allow to be disposed of or
otherwise cause to be disposed of, within the Town of Candor or
within any part of the Town of Candor any sludge, sewage sludge
or septage which were generated or collected from sources located'
outside the Town or Village of Candor.
No person shall dispose of, allow to be disposed of or
otherwise cause to be disposed of within the Town of Candor any
sludge, sewage sludge or septage which were generated or
collected from sources located within the Town or Village of
Candor unless such person possesses a permit to dispose of such
wastes issued by the New York State Department of Environmental
Conservation and unless such contents are disposed of in
compliance with all applicable statutes, ordinances, local laws,
codes, rules and regulations of the United states of America,
state of New York, County of Tioga and Town of Candor.
No person shall dispose of, allow or cause to be
disposed of within the Town of Candor any sludge, sewage sludge
or septage which were generated or collected from sources located
within the Town or Village of Candor except at a site approved
for such by the New York state Department of Environmental
Conservation. The Town of Candor may at any time and from time
to time prohibit the disposal of such sludge, sewage sludge or
septage or limit the amount of sludge, sewage sludge or septage
which may be disposed of at such approved site. Such prohibition
or limitation may be imposed by Resolution of the Town Board of
Councilmen and enforced by the Code Enforcement Officer of the
Town of Candor or any other agency designated by the Town, State
or County for the enforcement of laws within the State of New
York.
SECTION 4. Penalties.
Upon conviction, a violation of this local law shall be
deemed an offense and shall be punishable by a fine not exceeding
Two Hundred Fifty Dollars ($250.00) for each and every such
offense, or imprisonment for a period not to exceed fifteen days,
or both.
In addition to the imposition of the above described
penalty, the Town may pursue any other remedy at its disposal
including but not limited to injunction to insure the enforcement
of this Local Law.
SECTION 5. Separability Clause.
If any clause, sentence, paragraph, section or part of
this local law shall be adjudged by any court of competent
jurisdiction to be invalid, the judgement shall not affect,
impair or invalidate the remainder of this local law but shall be
confined in its operation to the clause, sentence, paragraph,
section or part of this local law that shall be directly involved
in the controversy in which such judgment shall have been
rendered.
SECTION 6. Effective Date.
This local law shall take effect immediately upon
filing with the Secretary of State.
