[HISTORY: Adopted by the Town Board of the Town of Barton 8-22-1994
as L.L. No. 3-1994.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Hazardous materials — See Ch. 87.
Junkyards — See Ch. 91.
Solid waste — See Ch. 121.
[1]
Editor's Note: This local law superseded former Ch. 73, Dumps
and Dumping, adopted 12-6-1961, as amended.
A.
The purpose of this chapter is to prohibit the disposal
of solid waste at any location other than the facilities authorized by the
State of New York, County of Tioga, Village of Waverly, Town of Barton.
B.
The Town of Barton Town Board acknowledges the growing
costs associated with the disposal of solid waste and the resulting inclination
of those who seek to avoid such costs by depositing such materials along highways,
on vacant lots, on business sites, in private dumpsters and other places.
Such activities are hereby deemed to pose an imminent hazard to the public
health, safety and welfare of the residents of the Town of Barton.
C.
The adoption and vigorous enforcement of this chapter
is intended to be an effective deterrent to indiscriminate dumping of solid
waste.
As used in this chapter, the following terms shall have the meanings
indicated:
To discharge, deposit, reject, dump, spill, leak or place into or
on any land or water or onto or in any receptacle or dumpster such solid waste
or any constituent thereof.
A solid waste disposal area which does not comply with required public
health and environmentally controlled practices.
Any person (as defined below) who has or had custody or control of
such solid waste or any person who can be shown to have been the owner or
in possession of such solid waste who cannot identify the person to whom such
possession and control was transferred.
Any individual, firm, public or private corporation, political subdivision,
government agency, trust, estate or any other legal entity whatsoever.
All putrescible and nonputrescible materials or substances that are
discarded or rejected as being spent, useless or in excess to the owners at
the time of such discard or rejection, including but not limited to garbage,
refuse, industrial and commercial waste, sludge from air or water treatment
facilities, rubbish, tires, ashes, contained gaseous material, incinerator
residue, construction and demolition debris, discarded automobiles and offal.
A.
Every owner and every holder of solid waste within the
Town of Barton shall be responsible for the proper disposal of such solid
waste.
B.
No person shall dispose or attempt to dispose of solid
waste in the Town of Barton except at:
(1)
A disposal facility exempt from the requirements of 6
NYCRR 360 if its exempt status is unaffected by such disposal.
(2)
A disposal facility authorized to accept such waste for
disposal pursuant to said Part 360 or to an order issued by the New York State
Department of Environmental Conservation or a court having jurisdiction.
C.
There shall be no open dumps in the Town of Barton. This
shall not be construed as to prohibit disposal areas located in the property
areas of a farm as otherwise permitted by law, except in cases creating a
public health nuisance as defined in such state and local laws as may apply.
Bringing into said Town of Barton any solid waste as described in § 73-3 hereof, for the purpose of disposing or depositing of the same within said town, is hereby prohibited. The Tioga County Solid Waste Transfer Station shall be exempt from the provisions of this section.
A.
All provisions of this chapter are enforceable by the
Town Board and/or the Town Constables or their designees.
B.
Failure to comply with this chapter by any person or
tenant, in the case where a lease agreement gives a specific responsibility
for solid waste disposal to said tenant, shall be an offense punishable as
provided.
C.
Penalties for offenses.
[Amended 8-31-2001 by L.L. No. 1-2001]
(1)
A first violation of this chapter is a first offense,
punishable by a fine not exceeding $250 or imprisonment for a period not to
exceed 15 days, or both. For the purpose of conferring jurisdiction upon courts
and judicial officers generally, violations of this chapter shall be deemed
a violation and for such purpose, all provisions of law relating to dumping
of solid waste shall apply to such violation. In addition thereto, the Town
authorities shall have such other remedies as are provided by law to restrain,
correct or abate any violation of this chapter.
(2)
For a second offenses within 1 year of the first offense
there shall be a fine of not less than $250 and not more than $500 or imprisonment
not exceeding 15 days or both.
D.
Each day during which a violation continues may be deemed
to be a separate violation.
E.
Enforcement shall be effected as follows: by a peace
officer or police officer as provided by the Criminal Procedure Law of the
State of New York.
F.
Civil enforcement. Notwithstanding the penalties set
forth above, the Town Attorney may institute a civil action to obtain restitution
for the Town of Barton from such offender for the actual costs incurred in
rectifying the program created by the aforesaid violation or improper disposal
of solid waste or to abate, enjoin or otherwise compel cessation of the violation
of any provision of this chapter, including not limited to reasonable attorneys'
fees and environmental testing.
This chapter shall be effective immediately upon filing with the Secretary
of State.
