[HISTORY: Adopted by the Town Board of the Town of Plattekill 1-19-1983 as L.L. No. 1-1983. Sections 63-6B and 63-13 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Junkyards — See Ch. 60.
Garbage disposal in mobile home parks — See Ch. 68.
A. 
The Town Board has determined that the operation of sanitary landfill sites within this jurisdiction presents a significant threat to the environment and the health, safety, and welfare of the citizens of the Town of Plattekill. History has shown that the impacts of water, air, noise and visual pollution associated with such sites are latent, pervasive and recurrent, and the cost of rehabilitation necessitated by these impacts is substantial. In recognition of these concerns and also finding that the existing local law and other laws regulating disposal of waste do not adequately address these concerns, the Town Board has determined that the local law must be amended to more effectively regulate the kind and manner of waste disposal within this jurisdiction and provide adequate financial security for rehabilitation and compensation associated with waste management.
B. 
This chapter supersedes existing law only to the extent necessary to implement the changes in policy and procedure it provides and to incorporate earlier amendments into a single document. In all other respects, the local laws originally enacted on September 8, 1962, and amended on September 9, 1964; April 25, 1968; and September 29, 1982, shall remain in effect for continuity purposes.
As used in this chapter, the following terms shall have the meanings indicated:
COMMERCIAL HAULERS
Includes any person engaged in the collection of garbage or rubbish, other than that generated from such person's own residence. As used in this chapter, a "commercial hauler" shall include a person collecting commercial garbage or rubbish, whether generated by said person or another, as well as a person collecting residential garbage or rubbish for a fee, whether directly or indirectly paid. Excluded from this definition shall be any individual who collects residential garbage or rubbish for a family member or neighbor in the course of delivering said individual's own garbage or rubbish to the subject sanitary landfill site and other persons engaged in the renovation, construction, reconstruction or cleanup of a structure.
[Added 2-15-1989 by L.L. No. 1-1989]
GARBAGE
Includes waste food, papers, dead animals or parts thereof and all waste or discarded wood, lumber or vegetable matter of any kind or any other matter which shall be flammable or capable of fermentation or decay.
PERSON
Includes an individual, society, club, firm, partnership, corporation or association of persons, and the singular number shall include the plural number.
RUBBISH
Includes waste metal, tin cans, ashes, cinders, glass, pottery and all discarded substances of a solid and incombustible nature.
SITES
A. 
The sites currently owned and operated by the Town of Plattekill and such future sites owned or operated by the Town of Plattekill.
B. 
Any approved site, duly licensed in accordance with this chapter.
No person shall carry or leave or cause to be carried or left upon the premises mentioned in the definition of "sites" in § 63-2 or any site approved and licensed by the Town of Plattekill any automobile, vehicle, machine, appliance or other article or any part thereof, unless the same shall have been dismantled and the body thereof so cut and flattened out so as to permit the same to occupy a minimum of space. Nothing herein contained, however, shall prevent the leaving of such vehicles or other articles on the premises under an arrangement with the caretaker thereof by which such caretaker is to dismantle and properly break up and dispose of the same.
No person shall carry or leave or cause to be carried or left upon any state-approved landfill site or any other approved site any garbage, as herein defined, or any materials, chemical waste, hazardous waste or offal of any kind which shall give off any offensive odor, either when left upon premises or thereafter, or which creates or may thereafter create a nuisance of any kind or which shall be or may become dangerous to human or animal life.
A. 
Only residents, agents of such residents and established businesses in the Town of Plattekill shall deposit any garbage, rubbish or other waste materials of any kind on the premises designated for that purpose, as defined in § 63-2 herein.
B. 
Garbage, rubbish or other waste materials, as used in this section, must originate from within the Town of Plattekill.
[Amended 5-20-1987 by L.L. No. 4-1987; 2-15-1989 by L.L. No. 1-1989]
A. 
No person may operate a site without first obtaining a license for that site. Any person who is engaged in the business of accumulating, depositing, storing or managing garbage, rubbish or other waste materials, as defined in § 63-2 herein, or any person who, in fact, accumulates, deposits, stores or manages garbage, rubbish or other waste materials shall, before accumulating, depositing or accepting for deposit, storage or management any of said materials in the Town of Plattekill dumping area or on any other property, public or private, in the Town of Plattekill, procure a license from the Town Clerk of the Town of Plattekill to accumulate, deposit, store or manage such waste materials.
B. 
Every person applying for such license shall pay to the Town Clerk a fee as established from time to time by resolution of the Town Board.
C. 
Any such license shall expire on the 31st day of December following its issuance.
D. 
No license may be granted except upon proof that the designated site for accumulation, deposit, storage or management has fully complied with all applicable state and federal laws, rules and regulations, including but not limited to the New York Environmental Conservation Law and the applicable regulations thereunder.
E. 
Moreover, no such license will be granted to any person unless he first posts a bond or other financial security in the minimum sum of $10,000,000 to constitute a fund for reclamation and compensation for damages resulting from the use of said license. The amount and term of the bond or other financial security to be obtained shall be negotiated based upon the size of the operation, type of soil, condition, type of materials to be deposited and such other relevant criteria as the Board may determine. Said bond or financial security shall provide extended coverage during site operations and for a minimum period of 20 years after the closing of the landfill site or other cessation of business thereon. The Town Board shall reserve the right to accept or reject any bond or financial security which it deems does not provide proper protection to the town. The Town Board may, by unanimous vote, alter or dispense with this requirement for financial security only when the Town Board determines, after public hearing, that such action is necessary for the protection of the health and safety of the citizens of the Town of Plattekill.
No licensee shall accumulate, deposit, store or manage any garbage, rubbish or waste materials of any kind which originate outside the bounds of the Town of Plattekill in or on any property, public or private, in the Town of Plattekill, except insofar as is permitted by law.
A. 
No person shall deposit or cause to be deposited any substance of any kind on the dumping grounds described in the definition of "sites" in § 63-2, except as to places, time and in the manner directed by the person in charge of the premises under authority of the Town Board, whether such direction is given personally or by a sign or signs erected upon the premises by his authority.
B. 
No licensee shall accept deliveries or otherwise operate or cause to be operated any site, as mentioned in the definition of "sites" in § 63-2, for the management of garbage, rubbish or waste materials or operate or cause to be operated any equipment on any site except during the hours of 8:00 a.m. to 5:00 p.m. Monday through Saturday.
C. 
No licensee shall accumulate, deposit, store or manage or accept for such purpose any garbage, rubbish or other waste material which has not been certified approved for deposit by the Town of Plattekill Law Enforcement Officer or his official designees acting under the authority of the Town Board. Before issuing a certificate of approval for deposit, said Law Enforcement Officer or designee must first record:
(1) 
The nature of the substance sought to be deposited.
(2) 
Its point of origin, which, in the case of garbage, rubbish or other waste originating outside the town in accordance with § 63-6 of this chapter, must be evidenced by a valid bill of lading.
(3) 
Its volume in cubic yards.
(4) 
Whether it is compacted or loose.
D. 
No site for the disposal of garbage, rubbish or other waste situated within the Town of Plattekill may accept for deposit, storage or management more than 1,000 cubic yards in loose form or the equivalent volume in compacted form of any substance in any single week.
The Law Enforcement Officer or his official designees shall have access, at all times, to enter on and inspect any licensed landfill site.
No burning by any person or persons using a dumping area described in the definition of "sites" in § 63-2 shall be permitted, except by officials of the town charged with the care and maintenance of said approved site.
[Added 2-15-1989 by L.L. No. 1-1989[1]]
A. 
No commercial hauler shall operate or conduct such business within the Town of Plattekill without first obtaining a commercial hauler's license.
B. 
Every person applying for such commercial hauler's license shall apply for such license from the Town Clerk. Such license shall be granted upon payment of such fee as established from time to time by resolution of the Town Board of the Town of Plattekill.
C. 
Any license granted shall be valid from the date of issuance to December 31 of the same year, unless earlier revoked.
D. 
No license shall be issued to a commercial hauler by the Town Clerk without satisfactory proof being provided showing the applicant to have a valid Department of Health permit, if and when required, as well as any other federal, state, county or regional permits or licenses required of commercial haulers.
[1]
Editor's Note: This local law also provided for the renumbering of former §§ 63-11, 63-12 and 63-13 as §§ 63-12, 63-13 and 63-14, respectively.
Any and all vehicles used for the collection and transportation of garbage, rubbish, chemical or hazardous waste and other articles while traveling on the public highways of the Town of Plattekill shall be construed and covered so as to prevent any of the materials thereon from falling on the road or blowing from said vehicles.
No person shall throw or deposit or cause to be thrown or deposited any garbage, rubbish, abandoned vehicles or parts thereof, chemical or hazardous waste or other waste in or upon any public highway, street or place or in or upon any private property within the Town of Plattekill, including his own, except in those sites officially designated for said purposes herein that have fully complied with all applicable local, state and federal laws, rules and regulations, including but not limited to the New York Environmental Conservation Law and the applicable rules and regulations thereunder.
[Amended 5-20-1987 by L.L. No. 4-1987]
A. 
Any person violating any of the provisions of this chapter shall be guilty of a violation and, upon conviction thereof, shall be punishable by a fine not exceeding $250 for each offense or imprisonment not exceeding 15 days, or both such fine and imprisonment.
B. 
Any person who shall or whose servants, agents, employees or officers shall be convicted of a violation hereof may have his license revoked by resolution of the Town Board.