[Adopted 3-8-1989 by L.L. No. 2-1989]
By the adoption of this article, the Town Board
of the Town of Saratoga declares its intent to regulate, control and
prohibit the dumping, storing or placing of certain kinds of solid
or liquid waste material originating from inside or outside the boundaries
of the Town of Saratoga, or creating a dump or dumping ground of such
materials within the Town. This article is enacted by the Town of
Saratoga in the exercise of its police power and pursuant to § 130,
Subdivisions (6), (8) and (15) of the Town Law of the State of New
York.
As used in this article, the following terms
shall have the meanings indicated:
Includes any place used for the disposal and leaving of solid
or liquid waste material by the public or any person, or any place
where such waste material has been deposited by any person.
[Amended 5-8-2006 by L.L. No. 4-2006]
Includes any individual firm, partnership, corporation, municipality
or association of persons.
Includes all putrescible and nonputrescible solid and liquid
wastes, including, but not limited to, garbage, rubbish, ashes, incinerator
residue, septage, sludges, street cleanings, construction and demolition
debris, abandoned vehicles or parts thereof, offal, commercial and
industrial wastes, and any hazardous or toxic wastes.
The creation and/or operation of any sanitary
landfills, dumps, or dumping grounds within the Town of Saratoga for
solid or liquid waste materials coming from inside or outside the
boundaries of the Town of Saratoga is hereby prohibited.
This article will not apply to any existing
sanitary landfill, dump or dumping ground previously established,
and specifically authorized by the Town of Saratoga prior to the enactment
of this article.
A.
Any person violating any of the provisions of this
article shall be guilty of a misdemeanor and upon conviction thereof
be punished by a fine not exceeding $1,000 for each offense or by
imprisonment in the Saratoga County Jail for not more than six months,
or by both such fine and imprisonment. When a violation of this article
is continuous, each 24 hours thereof shall constitute a separate and
distinct offense. The Town of Saratoga Town Board shall also have
the power to bring a civil action to restrain by injunction any violation
of this article in a court of competent jurisdiction.
[Amended 5-8-2006 by L.L. No. 4-2006]
B.
Should the Town of Saratoga Town Board deem it necessary
for the protection of the health and well being of the residents of
the Town of Saratoga, the Town Board, or its duly authorized representatives,
may enter upon the premises of any person or legal entity in violation
of this article for purposes of monitoring, cleanup, and controlling
in any way it deems necessary the waste material located on said premises.
The expenses and costs associated with said monitoring, cleanup and/or
control shall be assessed against the offending person or entity who
owns or controls said premises and/or shall be assessed against the
real property and shall constitute a lien and charge against said
real property until fully and completely discharged.
