This chapter is adopted in view of the increase in illegal dumping or
littering of garbage, rubbish, and other offensive materials, together with
toxic materials. It is the intent of the Town Board of the Town of Chatham
(the "Town") to restrict and regulate, in a manner consistent with the interests
of the residents of the Town, the dumping, littering and/or other disposal
of various wastes in order to promote the health, safety and general welfare
of persons and property within the Town. This chapter shall be known and cited
as "The Calhoun Dumping and Littering Local Law of the Town of Chatham." Therefore,
pursuant to the authority contained in the Municipal Home Rule Law, and pursuant
to its police power as contained in the Town Law, the Town Board of the Town
does hereby enact the following local law.
As used in this chapter, the following terms shall have the meanings
indicated:
COMPOST
To heap or pile matter capable of decay, including but not limited
to grass cuttings, leaves, brush, decaying foods, or paper products for use
as fertilizer.
CONSTRUCTION AND DEMOLITION DEBRIS
Any matter that is defined as construction and demolition debris
in the New York Codes, Rules and Regulations, Title 6, Part 360 ("NYCRR").
GARBAGE
Includes but is not limited to:
A.
Food waste of all kinds, whether for human or animal consumption;
B.
Used food containers or parts thereof, whether fabricated of metal,
paper, wood, glass, plastic or synthetics;
C.
Paper materials used in food packaging;
D.
Dead animals or parts thereof;
E.
Any other matter which shall be capable of fermentation or decay, except:
(1)
Lumber as defined herein; and
(2)
Composted garbage used as fertilizer upon forms and gardens.
LITTER
Any matter capable or incapable of fermentation or decay.
LUMBER
A.
Includes but is not limited to:
(1)
Wood of growing trees sawed or split into boards or planks;
(3)
Wood used in packing and/or shipping.
B.
The term "lumber" does not include untreated wood products formerly used in construction or packing and/or shipping to be used as firewood pursuant to the provisions of §
83-3B(2) herein.
RUBBISH
Includes but is not limited to:
B.
Garden refuse, grass and leaves;
D.
Glass, metal, tins, cans, ashes, cinders, pottery, crockery, aluminum,
plastics, Styrofoam and synthetics, except matters defined herein as "garbage."
SLUDGE
Solids removed during the treatment of:
A.
Domestic or sanitary sewage;
C.
Industrial wastewaters; and
D.
Any combination of the above.
SOLID WASTE
Any matter that is defined as solid waste in either of the following:
A.
Any local law enacted by the County of Columbia pertaining thereto;
or
TOXIC MATERIALS
Materials listed or defined as hazardous by either of the following:
A.
New York State Department of Environmental Conservation; or
B.
U.S. Environmental Protection Agency.
Any reference herein to any state, county and/or local law, rule or
regulation shall include any future amendments thereto which become effective
after the adoption of this chapter. All ordinances, local laws and parts thereof
inconsistent with this chapter are hereby repealed.
Whenever any local law, ordinance, or regulation of the Town, County
of Columbia, State of New York, or United States of America is inconsistent
with this chapter, whichever local law, ordinance, or regulation is more stringent
shall supersede the less stringent local law, ordinance, or regulation.