[HISTORY: Adopted by the Town Board of the Town of Chatham 8-15-2002 by L.L. No. 2-2002. Amendments noted where applicable.]
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;
(2) 
Wood pallets;
(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:
A. 
Waste material;
B. 
Garden refuse, grass and leaves;
C. 
Tires; and
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;
B. 
Stormwaters;
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
B. 
6 NYCRR Part 360.
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.
A. 
Dumping, disposing, burying, burning, or littering of any of the following on any public or private lands in the Town is prohibited:
(1) 
Garbage or rubbish, subject to the following:
(a) 
The storage of garbage or rubbish that is awaiting collection and removal in a durable container in a manner which does not impair the public health or safety shall not be deemed to be prohibited by this section;
(b) 
The owner of a single-family residence or farm may compost, on the property comprising said residence or farm, matter capable of decay (as specified in the definition of "compost" in § 83-2 herein) generated from that residence or farm to be used as fertilizer so long as the disposal and composting is done in a nuisance-free manner which does not impair the public health, safety or general welfare;
(c) 
The disposal, on areas within the property boundaries of a single-family residence or farm, of ashes generated from that residence or farm shall not be deemed to be prohibited by this section; and
(d) 
The disposal, on areas within the property boundaries of a single-family residence or farm, of animal carcasses or parts thereof generated from that residence or farm shall not be deemed to be prohibited by this section so long as the same shall be disposed of pursuant to the applicable provisions of New York State's Agriculture and Markets Law.
(2) 
Sludge. However, the disposal of sludge in accordance with the regulations and licensing requirements set forth in any local law enacted by the County of Columbia, and by the State Department of Environmental Conservation shall not be deemed to be prohibited by this section.
(3) 
Toxic material.
(4) 
Solid waste. However, the disposal of solid waste at a disposal facility authorized and licensed in accordance with the regulations set forth in any local law enacted by the County of Columbia and 6 NYCRR Part 360 shall not be deemed to be prohibited by this section.
(5) 
Construction and demolition debris, subject to the following:
(a) 
The storage of construction and demolition debris that is awaiting collection and removal in a manner which does not impair the public health or safety shall not be deemed to be prohibited by this section; provided, however, that said debris is removed from the site within 60 days from the issuance of a building demolition permit unless otherwise exempt under § 83-3A(5)(b) herein.
(b) 
The disposal, on areas within the property boundaries of a single-family residence or farm, of construction and demolition debris generated from that residence or farm shall not be deemed to be prohibited by this section.
B. 
Dumping, disposing or burying of lumber in the Town is prohibited, except:
(1) 
Lumber awaiting use in any construction project stored in a manner which does not impair the public health or safety.
(2) 
This section shall not be deemed to prevent the storage of untreated lumber intended for use as firewood so long as the same shall not be stored in the following manner:
(a) 
On any highway right-of-way; or
(b) 
At or near any intersection in such a manner as to obstruct or impair the line of sight for vehicular or pedestrian traffic.
A. 
Conviction under this chapter shall be a violation as defined by § 55.10(2)(b) of the Penal Law of the State of New York.
B. 
Each day during which a violation continues may be deemed to be a separate violation.
C. 
Conviction of an offense as provided by this chapter shall be punishable by the following:
(1) 
In the case of a corporation, an amount in accordance with Penal Law § 80.10.
(2) 
In the case of an individual(s):
(a) 
A fine of $500 for the first conviction.
(b) 
A fine of $1,000 for each and every successive conviction, and:
[1] 
A term of imprisonment not to exceed 15 days; and/or
[2] 
Restitution based on avoided disposal fees and the costs of collection and hauling; and/or
[3] 
Community service.
D. 
In addition to the above provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with this chapter by injunction, abate or otherwise compel cessation of each violation, or obtain restitution to the Town for costs incurred by the Town in identifying and remedying each violation, including but not limited to reasonable attorney's fees and environmental testing.
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.