Town of Cornwall, NY Article I Dumps

[Adopted 7-10-1959]

§ 80-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:

GARBAGE

Includes waste food, papers, dead animals or parts thereof and all waste or discarded wood, vegetable matter of any kind or any matter which shall be combustible or capable of fermentation or decay.

REFUSE

Includes waste metal, tin cans, ashes, cinders, glass, pottery and all discarded substances of a solid and noncombustible nature.

§ 80-2 Permit required.

No place commonly called a "dump" or "dumping ground" for the collection, accumulation, storage, deposit, burial or disposal in any manner thereon of garbage or refuse shall be permitted or maintained in the Town of Cornwall outside the incorporated Village of Cornwall without a permit therefor from the Town Board, to contain such terms and conditions deemed reasonable and necessary by said Board to accomplish the purposes of this article.

§ 80-3 Application for permit.

A. Application for such a permit shall be in writing and shall contain the following information:

(1) The place within the town where such substances are to be dumped or otherwise disposed of.

(2) A plot plan of said place showing the exact location on the land where said dump is to be maintained and showing the dimensions and area of the ground to be used for that purpose in relation to adjoining properties.

B. Such application shall also be accompanied by evidence acceptable to the Town Board that the applicant is:

(1) The owner of the property on which such dump is or is proposed to be located; or

(2) The occupant of said property under a lease from the owner that makes said occupant responsible for the condition in which said premises are maintained.

§ 80-4 Restrictions.

A. Disposal of such substances at such a dump shall include the maximum practicable rodent, insect and nuisance control and the site shall be maintained in a safe and sanitary condition at all times. No fire or burning of such material on such dump site shall be permitted except between the hours of sunrise and sunset and except under the on-site personal supervision and control of a responsible person.

B. No material shall be burnt or permitted to burn with a smoldering fire or otherwise that shall cause any offensive or noxious smoke or odor to escape beyond the boundaries of such dump site.

§ 80-5 Presumption of knowledge of permit holder.

The holder of such a permit shall be personally responsible at all times for the condition of such dump site or any condition created elsewhere as a result of the condition of said dump site, and it shall be conclusively presumed that the holder of such a permit has knowledge of any such condition that is noxious or offensive within 24 hours after its occurrence.

§ 80-6 Penalties for offenses.

[Amended 9-25-1989 by L.L. No. 4-1989]

A violation of this article shall be punishable by a fine not exceeding $250 or by imprisonment not exceeding 15 days, or both such fine and imprisonment. In addition, a civil penalty of not less than $25 nor more than $100 may be recovered by the Town of Cornwall in a civil action for violation thereof. The Town Board may also maintain an action or proceeding to compel compliance with or to restrain by injunction the violation of this article, as provided by § 135 of the Town Law.

§ 80-7 Continuing violations.

Each day that a dump is permitted to exist or is maintained without the permit provided for herein, to be issued by the Town Board, and each day that any other violation of this article shall exist, shall constitute a separate violation and shall subject the offender to a separate criminal and civil action and penalty.

§ 80-8 Revocation of permit.

The violation of this article by the holder of any permit to maintain a dump shall be grounds for revocation of such permit by the Town Board after public hearing concerning the same.