A clean, wholesome and attractive environment is declared to be of vital importance to the health, welfare and safety of the inhabitants of the Town of Wawarsing, as is the safeguarding of their material rights against unwarrantable invasion and the protection of public health. In addition, such an environment is deemed essential to the maintenance and continued development of the economy of the Town of Wawarsing and the general welfare of its citizens. It is recognized that the maintenance of a public landfill site owned and operated by the Town is useful and necessary. Therefore, recognizing the above and the need of the community for an effective and well-regulated procedure for the disposal of garbage and rubbish, and in the exercise of its police power in these regards, the Town Board of the Town of Wawarsing does hereby enact this chapter.
[HISTORY: Adopted by the Town Board of the Town of Wawarsing 9-7-1978 as L.L. No. 1-1978. Section 74-14A amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Fee schedule authorization — See Ch. 17.
As used in this chapter, the following terms shall have the meanings indicated:
Any person, firm, corporation, partnership or other association engaged in the business of collecting, disposing or transporting garbage, refuse or waste material in any part of the Town of Wawarsing.
Any refuse from animal and vegetable matter, waste food or parts thereof; refuse from the kitchen, market, store or house; floor sweepings; table waste or animal or vegetable matter, meats, fish, bones, fat and all offal and organic waste substance or substances capable of decay, but shall not include waste from slaughterhouses, rendering plants or sanitary disposal systems.
One or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, unincorporated associations, their agents or employees, societies, clubs and all other entities of any kind capable of being sued.
A nuisance which is a thing, act or occupation, or use of property, premises, equipment or structure, either private or public, affecting the health of one or more persons.
Combustible trash, including but not limited to paper, cartons, boxes, barrels, wood, excelsior, tree limbs and branches, yard trimmings, wood furniture and bedding. Also included is noncombustible trash, including but not limited to tires, metals, cans, metal furniture, dirt, small quantities of rock, brick and concrete, glass, metal fixtures, bottles and street rubbish, street sweepings, dirt, leaves, catch basin dirt and contents of litter receptacles.
Any person having a domicile within the general limits of the Town of Wawarsing, including landlords and tenants. The term shall also include any person, firm, partnership, corporation or other association operating an established business within the limits of the Town of Wawarsing.
Includes but is not limited to waste produced by industrial or manufacturing process, including food processing waste, boiling house cinders, lumber scraps and shavings, slag, industrial sludge or other chemical waste and by-products, tires, oils and large amounts of wood, concrete, rocks, bricks and other wastes from building operations.
It shall be unlawful for any person to throw, spill, place, deposit or leave, or cause to be thrown, spilled, placed, deposited or left, or permit any agent, servant or employee to throw, spill, place, deposit or leave, in or upon any street, highway, alley, sidewalk, park, public building, in any running water or body of water within the Town of Wawarsing, any garbage, refuse, waste material or any other dirt or filth, including but not limited to sewage, excrement, slops, dead carcass, compost, ashes, soot or any material subject to being carried by the wind or unwholesome or putrescible matter of any kind.
It shall be unlawful for any person as a passenger, driver, owner, manager or conductor of any automobile, truck, tractor, motorcycle, bicycle, bus, conveyance or other vehicle to throw, spill, scatter, place, discard, deposit or leave any garbage, refuse, waste material or dirt or filth of any sort, be it bundled, bagged or otherwise, from any vehicle or conveyance in or upon any street, sidewalk, lot, vacant premises, park, public highway or any public place within the Town limits.
It shall be unlawful to dispose of any garbage, refuse or waste material anywhere in the Town of Wawarsing except in a lawfully established landfill site operated by the Town of Wawarsing or at any other refuse site approved by the Ulster County Board of Health and the New York State Department of Environmental Conservation.
A.
It shall be unlawful for any person as owner, lessee, agent, tenant or otherwise to throw, cast, spill or otherwise deposit, or cause or permit to be thrown, cast, spilled or deposited, any rubbish, garbage, manure, offal or other decomposable organic or putrescible matter which will or could create a public nuisance or act as a breeding ground for or attraction to insects or vermin in or about any land or lot, vacant or otherwise, within the limits of the Town.
B.
It shall be unlawful for any person to store or maintain upon any land or lot, vacant or otherwise, any object, discarded or not in current use, capable of collecting water which might serve as a breeding place for mosquitoes.
C.
It shall be unlawful for any person to deposit, place or store in or about any premises or vacant lands any combustible rubbish, refuse or waste material which might serve to increase the fire hazard in the surrounding area.
D.
Nothing in this section shall be construed to prohibit the temporary storage of garbage, refuse and waste material awaiting removal, provided that such storage is accomplished by way of tightly covered containers or cans wherever practicable. Nor shall this section be construed as prohibiting the depositing of manure or fertilizers upon any private property for the purpose of cultivating or improving the same.
All vehicles used in the transport of garbage, refuse and waste material operated on any street or highway within the Town limits shall be equipped with a cover so as to prevent any material from escaping from the vehicle. The failure of any commercial hauler or private person to utilize covered vehicles for the transport of garbage, refuse or waste material shall, in itself, constitute a violation of this chapter.
A.
The Town landfill shall be open to commercial haulers and residents on such days and at such times as the Town Board from time to time establishes.
C.
Garbage dumped during the day shall be covered by a layer of earth at the close of each day's operation.
D.
Control over windblown objects shall be maintained by the use of portable fencing.
E.
No fill shall be removed from the landfill by any person for any purpose, except for public purposes as authorized by the Town Board.
F.
No person shall pick over or remove any object deposited at the landfill site, except as authorized by the Town Board.
G.
No material shall be burned at the landfill site unless a Department of Environmental Conservation restrictive burning permit is obtained. Any person bringing hot ashes upon or otherwise causing a fire to start at the landfill site shall be subject to penalties imposed for violation of this chapter.
H.
A speed limit of 15 miles per hour shall be maintained on access roads leading to the dumping area.
I.
No person shall deposit any material alongside or over the fence surrounding the landfill site or on any portion of the access road. All materials cleaned from trucks and cars are to be disposed of in the landfill solely.
J.
No person shall deposit or cause to be deposited any substance of any kind at the landfill site herein designated except at the 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.
A.
The Custodian of the landfill site shall have the duty to see that all applicable regulations as herein prescribed pertaining to the use, operation and maintenance of the landfill site are complied with.
B.
All persons utilizing the Town landfill facilities shall be subject to the directions and orders of the Custodian and any Town employees under the direction of the Custodian.
C.
The Custodian shall be under the duty to designate and maintain certain areas of the landfill to be used for those waste materials requiring a separate disposal area.
D.
The Custodian shall direct the operation of the Town landfill so as to comply with applicable New York State Department of Environmental Conservation regulations and Ulster County Health Department regulations. In addition, the Custodian shall follow the instructions and recommendations given by the Town Engineer, Ulster County Health Department and the Department of Environmental Conservation.
A.
No person not in possession of a duly issued permit or license shall be permitted to use the landfill facilities. Any such permit or license shall not be sold, assigned, transferred or otherwise disposed of in any manner.
C.
The Town Clerk of the Town of Wawarsing is hereby authorized to issue annual permits and identification stickers to qualifying applicants and to collect such fees as have been established therefor by resolution of the Town Board. The Town Clerk shall also have the authority to generally administer the procedures incident to the issuance of permits and the collection of fees.
D.
All persons, commercial or private, using Town landfill facilities, shall have a permit or other identification device which shall be prominently displayed on any vehicle used to transport materials to the landfill.
The Town Board shall from time to time by resolution establish such fees for the issuance of permits and identification stickers and devices as it shall deem appropriate.
[Amended 6-11-1992 by L.L. No. 6-1992]
A.
No person, commercial or private, shall deposit at the landfill any garbage, refuse or waste materials which originated or were collected elsewhere than from within the limits of the Town of Wawarsing. Nor shall any garbage, refuse or waste materials originated from outside the limits of the Town of Wawarsing be deposited or dumped on any real property, publicly or privately owned, within the limits of the Town of Wawarsing.
No person, commercial or private, shall deposit at the landfill site any waste material without the prior notification to and approval of the Custodian or his designee. The Custodian shall have the discretion to accept or reject the deposit of waste materials upon consideration of the nature of the waste material as well as its effect upon the landfill. The Custodian may designate certain areas and conditions for the deposit of waste materials.
A.
Any person, as that term is defined in § 74-2, who commits or permits any act or acts in violation of any of the provisions of this chapter, shall be guilty of a violation under the Penal Law and shall, upon conviction thereof, be liable to a penalty or fine of not more than $250 or imprisonment for not more than 15 days, or both such fine and imprisonment, for each and every offense. Each day the condition constituting such violation shall continue or be permitted to exist shall constitute a separate violation or offense.
[Amended 5-7-1987 by L.L. No. 4-1987]
B.
Conviction for any above-mentioned violation shall constitute and effect an immediate suspension or forfeiture of the license or permit, at the discretion of the court hearing said case.
C.
In addition, any person violating this chapter shall be subject, in lieu of criminal action, to a civil penalty enforceable and collectible by the Town in the amount of $500 for each such offense. Such penalty shall be collectible by and in the name of the Town for each day that such violation shall continue.
D.
In addition to the above-mentioned penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town or any person aggrieved by the violation in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of such chapter.
E.
The Town Board, in addition, shall have the right to suspend, revoke or cancel any permit or license issued when the holder of such license or permit violates the provisions of this chapter.
No person shall carry or leave or cause to be carried or left upon the landfill site any automobile, vehicle, machine, appliance or other article, or any part thereof, unless the same shall have been dismantled and the body thereof so compressed and flattened as to permit the same to occupy a minimum of space.
The Town Clerk is hereby authorized to issue special permits for landfill use to persons not residing in the Town or having an established business therein where special circumstances necessitate a single or occasional and infrequent use of the facilities. This section shall not be construed as a waiver of that section requiring that all materials deposited at the landfill shall have originated within the Town limits.