[HISTORY: Adopted by the Town Board of the Town of Coeymans 4-13-1992
by L.L. No. 1-1992. Amendments noted where applicable.]
A clean, wholesome, attractive environment is declared to be of importance
to the health and safety of the inhabitants of the Town of Coeymans and the
safeguarding of their material rights against unwanted invasion and for the
protection of public health. 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 recognized that the maintenance of a public
dump, dumping ground, refuse disposal area or landfill site owned and operated
by the Town of Coeymans is useful and necessary. In addition, it is also deemed
necessary that no lands other than lands of a public dump or dumping ground
heretofore or hereafter established by this town shall be used as a dump,
dumping ground, refuse disposal area or as a landfill site in the said Town
of Coeymans. Furthermore, the use of land as a private dump, dumping ground,
refuse disposal area or landfill site is prohibited and the use of said land
for the deposit, burying or disposal in any manner whatsoever of all offal,
garbage, trash, rubbish, debris and like waste is also hereby prohibited.
It is also herein declared that the Town of Coeymans has heretofore established
a Town Landfill site and it is now and has been in use and operation for some
period of time. It is, therefore, hereby declared that the following rules
and regulations concerning the use of the Town Landfill site are adopted to
promote said health, safety and welfare of the citizens of the Town of Coeymans.
The Town Board of the Town of Coeymans shall be and is hereby authorized
to regulate the issuance and cost of permits as well as all dumping fees for
the use of the landfill. Any modification of the same shall be made by resolution
of the Town Board and shall take effect 10 days thereafter. All users of the
Town of Coeymans Landfill site must have a dumping permit. Permits must be
affixed to the right front window on the passenger side of the motor vehicle
and may be obtained at the office of the Town of Coeymans Town Clerk located
on Russell Avenue, Ravena, New York. Permits will be issued upon presentation
of a valid vehicle registration or driver's license or other proof of
residency within the Town of Coeymans or the Town of New Baltimore. The permit
must be properly displayed or affixed on the motor vehicle or the individual
may not be allowed to use the landfill. Permits shall be issued only to residents
or owners of property within the Town of Coeymans, except that permits shall
be issued to the residents or owners of property within the Town of New Baltimore
for as long as the Town of New Baltimore maintains a contract with the Town
of Coeymans to allow its residents to use the Town of Coeymans Landfill site.
A.
The driver of any vehicle engaged in the collection, transportation, disposal of garbage, refuse or waste shall fully cover all garbage, refuse or waste while loaded on such vehicle with a suitable covering material and shall not permit any part of such matter to fall from such vehicle except at the permitted place of disposal. Violators will be prosecuted in accordance with § 109-7 of this chapter.
B.
Users of the landfill may enter and exit the landfill
only through the main gate unless written permission to do otherwise is obtained
in advance of said ingress and egress from the landfill operator. Salvage
or scavenging operations are strictly prohibited. All vehicles, with the exception
of those bringing only garbage, must check with the landfill operator before
dumping. "Garbage" is defined to mean putrescible solid waste and shall include
any refuse from animal and vegetable matter and foodstuffs after it has been
used as food, refuse from the kitchen, market, house or store, floor sweepings,
table waste or animal or vegetable matter, vegetables, meats, fish, bones,
fat and offal, and organic waste substance, but shall not include fresh trimmings
from meat markets or slaughterhouses, nor shall it include foodstuffs, animal
or vegetable matter from any individual or commercial source, nor shall it
include wastes from building operations or solid waste resulting from industrial
process or manufacturing operations.
A.
Garbage such as wastes from preparation, cooking and
serving of food, market wastes, wastes from handling, storage and sale of
produce are acceptable.
B.
Combustible rubbish such as paper, cartons, boxes, barrels,
wood, excelsior, tree branches, yard trimmings, wood furniture and bedding
dunnage are acceptable. NOTE: Tree branches and stumps must be cut to a length
no longer than four feet or they will not be accepted.
C.
Noncombustible rubbish such as metals, tin cans, metal
furniture, dirt, glass, crockery and minerals are acceptable.
D.
Street refuse such as sweepings, dirt, leaves, catch
basin dirt and contents of litter receptacles are acceptable.
E.
Dead animals such as cats, dogs, horses and cows are
acceptable; provided, however, that all dead animals shall be sealed in a
container or refuse bag and the landfill operator notified prior to their
delivery, and provided further that there is full compliance with any and
all laws, rules and regulations of the County of Albany and State of New York,
its departments, agencies and subdivisions.
F.
Sewage treatment residue such as solids from coarse screening
and from grit chambers are acceptable only from the Town of Coeymans Sewage
Treatment Plant.
G.
Abandoned vehicles such as junk cars and trucks are acceptable.
H.
To increase the life of the landfill and to act as a
measure to ensure the health and well-being of the Town of Coeymans residents,
all industrial wastes are prohibited from being deposited in the landfill.
"Industrial waste" is defined as meaning wastes in liquid, semisolid or solid
form that result from industrial or commercial processes, including but not
limited to factories, processing plants and repair and cleaning establishments,
which wastes include, but are not limited to, sludge, oils, solvents, spent
chemicals, acids or organic wastes.
I.
However, the Town Board reserves the right to accept
any prohibited waste for deposit at the landfill site by written agreement
between the Town Board and the user, subject to the conditions and terms imposed
by said Town Board for such special use, after the Town Board has fully considered
the needs of the town and amount of imposition on the town landfill as compared
to the needs of the applicant for the special use.
J.
The following wastes from any source are specifically
prohibited: railroad ties and tracking, inflammable or explosive wastes, plastics,
dyes, oil drums or other drums or canisters which contained industrial materials,
hazardous solids and liquids, wastes deemed to be hazardous or toxic wastes
as defined by state or federal statute, explosives, chemicals, pathological
wastes, radioactive materials and any other dumping which the Town Board or
its agent deems harmful or injurious to the proper operation of the landfill
site or is deemed an undue burden on the landfill site, whether said dumping
is done by an individual, industry, business or hired collector, representative
or the agents thereof.
K.
It is expressly provided herein that any and all wastes,
garbage, refuse and offal which is collected or transported from any geographic
outside of the boundaries of the Town of Coeymans or the Town of New Baltimore,
as long as said Town of New Baltimore maintains a contract with said Town
of Coeymans to allow its residents to use the Town of Coeymans Landfill site,
is unacceptable matter for purposes of dumping or disposal at the Town of
Coeymans Landfill site.
A.
The regular hours of operation of the landfill are as
follows: Thursday, Friday and Saturday 9:00 a.m. to 3:00 p.m. All vehicles
must be off the landfill premises by these closing hours.
B.
The landfill will be closed on the following days: New
Year's Day, Easter, Memorial Day, July 4th, Labor Day, Thanksgiving and
Christmas. No trespassing is allowed at the landfill site after the regular
dumping hours.
During the life of this landfill there may be imposed upon the Town
of Coeymans by either state or federal agencies mandated rules and regulations
relating to solid waste disposal. It is expressly implied through this chapter
that any or all of such additional governmental regulations that may hereafter
come into existence have the same force and effect as though fully enumerated
herein.
A.
Use of the landfill by any person other than one authorized in § 109-2 herein will result in the violator being criminally prosecuted for the commission of a violation and shall, upon conviction thereof, result in a penalty or fine of not more than $250 or imprisonment for not more than 15 days, or both such fine and imprisonment for each and every offense. The commission of a single act prohibited by this chapter shall constitute a separate violation hereof, and each day of such violation shall constitute a separate offense, punishable as such.
B.
In addition to the criminal action stated above for the use of the landfill by an unauthorized person, the Town of Coeymans may subject said violator to a civil penalty or fine payable to the Town of Coeymans in the amount of $100 for each such offense. The failure of an authorized user of the landfill to adhere to the above-enumerated rules may result in the revocation of that user's dumping permit. Further, the use of the landfill by an authorized user in an unacceptable manner as stated in § 109-3 or 109-4 herein may result in said user being prosecuted in either or both of the manners set forth above.