[HISTORY: Adopted by the Town Board of the Town of Champlain
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Junk and vehicle storage — See Ch. 89.
[Adopted 4-10-1990 by L.L. No. 1-1990]
The intent of this article is to regulate, control or prohibit
the dumping, storing, placing or incinerating of certain kinds of
solid or liquid waste material originating from inside or outside
the boundaries of the Town of Champlain or the creating of a dump
or dumping ground of such materials within the Town.
As used in this article, the following terms shall have the
meanings indicated:
A place used for the disposal and leaving of solid or liquid
waste by the public or by any person.
Includes an individual, firm, partnership, corporation, municipality
or association of individuals.
All putrescible and nonputrescible solid wastes, including
garbage, rubbish, human sewage, ashes (not including wood or coal
ashes from private heating units), incinerator residue, street and
building demolition and construction debris, metals, abandoned vehicles
(not including duly licensed auto repair establishments or duly licensed
junkyards), all commercial, medical or industrial waste and hazardous
and toxic wastes as defined by the Department of Environmental Conservation
and the Environmental Protection Agency.
[Added 8-14-1990 by L.L. No. 3-1990]
This article is not applicable to those land sites which have
been approved by the New York State Department of Environmental Conservation
for the spreading of treated sludge from municipal sewerage treatment
plants located within the Town of Champlain and which sites are listed
in the appropriate permits granted to such municipalities.
A.
The dumping, storing, placing or incineration of any kind of solid
or liquid waste material, hazardous or nonhazardous, toxic or nontoxic,
within the Town of Champlain which is picked up, brought or transported
from inside or outside the Town of Champlain is hereby prohibited.
B.
The creation and/or operation of sanitary landfills, dumps, dumping
grounds or incinerators within the Town of Champlain for solid or
liquid waste coming from inside or outside the boundaries of the Town
of Champlain is prohibited.
C.
There shall be no prohibition against the normal garbage and refuse
collection currently sanctioned by the Town, nor shall there be prohibition
against normal farming operations in the Town of Champlain, nor shall
there be prohibition against the normal operation of the Town of Champlain,
County of Clinton or State of New York Highway Departments, which
includes the cutting of road shoulders and the disposal of such material
on private or public lands, provided that the proper permits, if required,
are obtained and prior permission for the disposal of such material
is granted by the real property owner(s) of record.
[Amended 9-11-2018 by L.L. No. 4-2018]
Any person committing an offense against any provision of this
article shall, upon conviction, be punished by a fine of not less
than $100 nor more than $200 for the first offense and not less than
$500 nor more than $1,000 for the second or any subsequent offense
within a twelve-month period or by imprisonment for a term not exceeding
15 days or by both such fine and imprisonment for each violation thereof.
