All garbage, refuse and rubbish generated in
the Town of Fallsburg except any dangerous, harmful, deleterious or
other substances, which according to applicable law, ordinance, rule,
regulation or agreement between the Town of Fallsburg and any landfill
operator, cannot be disposed of in such landfill shall be delivered
to the landfill designated by the Town of Fallsburg.
All garbage, refuse and rubbish generated in
the Town of Fallsburg which cannot be disposed of in the designated
landfill site shall be disposed of in accordance with all applicable
laws, ordinances, rules or regulations of the state and federal governments
and any other authority having jurisdiction over same.
Notwithstanding the foregoing, any recyclable
or salvageable material may be collected and stored in a clean and
sanitary manner and may be disposed of for recycling or salvaging
pursuant to all applicable laws, ordinances, rules and regulations
of the state and federal governments and any other authority having
jurisdiction over same.
It shall be presumed that any garbage, refuse
and rubbish originating in the Town of Fallsburg and placed in vehicles
used by licensed refuse collectors for collection are disposable in
the designated landfill site and it shall be the burden of the person
asserting that any garbage, refuse and rubbish originating in the
Town of Fallsburg are not disposable in the designated landfill site,
to establish same in a court of competent jurisdiction.
