[HISTORY: Adopted by the Town Board of the Town of Waterford
as indicated in article hisories. Amendments noted where applicable.]
[Adopted 7-6-1971 by L.L. No. 3-1971]
By the adoption of this article, the Town Board of the Town
of Waterford declares its intent to regulate, in a manner consistent
with the interests of the citizens of the Town of Waterford, the dumping
of garbage, rubbish, refuse and waste material on lands within the
town. Garbage is a deleterious substance. Unattended, garbage dumps
emit noxious odors and fumes, attract rodents and vermin and become
breeding places therefor. The process of burning garbage causes smoke
and oxidized garbage to be given off into the air which the community
breathes. All of these conditions can adversely affect the development
of the town unless they are properly and carefully regulated. Therefore,
recognizing the above and the need for adequate regulation of these
hazards, and in the exercise of its police power in this regard, the
Town Board of the Town of Waterford does hereby enact this article.
This article shall apply to dumping upon all lands, public or
private, within the Town of Waterford, and, also, it shall apply to
all persons. Such term "persons" shall include all individuals, firms,
partnerships, corporations, municipalities or municipal corporations
and associations of persons.
[Added 9-1-1987 by L.L. No. 3-1987]
As used in this article, the following terms shall have the
meanings indicated:
Wastes resulting from the handling, preparation, cooking
and consumption of food; wastes from the handling, storage and sale
of produce; and all waste or discarded animal or vegetable matter
capable of fermentation or decay.
Land on which garbage, rubbish or refuse is disposed of without
creating nuisances or hazards to the public health or safety by confining
refuse to the smallest practical volume by employing suitable power
equipment and covering with a layer of compacted earth or other suitable
cover material.
All waste substances, including but not limited to the following:
garbage; combustible rubbish, including but not limited to paper,
cartons, boxes, barrels, wood, excelsior, tree branches, yard trimmings,
wood furniture and bedding; noncombustible rubbish, including but
not limited to metals, tin cans, metal furniture, discarded or partially
or wholly dismantled used motor vehicles, glass, crockery and other
mineral waste and solid and semi-solid wastes resulting from industrial
processes and manufacturing operations; provided, however, that the
term "refuse" does not include any unprocessed earth, stone or minerals.
Combustible material, including but not limited to paper,
cartons, boxes, barrels, wood, excelsior, tree branches, yard trimmings,
wood furniture and bedding, and noncombustible material, including
but not limited to metals, tin cans, metal furniture, discarded or
partially or totally dismantled used motor vehicles, glass, crockery
and other mineral waste.
[Amended 9-1-1987 by L.L. No. 3-1987]
A.
Except as provided in Chapter 98, Garbage, Rubbish and Refuse, no person, as above defined, shall use any land within the Town of Waterford as a landfill, nor shall any person throw, dump, deposit or place on such lands or cause to be thrown, dumped, deposited or placed on said lands any waste materials or waste substances, such as bottles, cans, garbage, refuse, trash, rubbish, litter or any nauseous, noxious or offensive matter, or dispose or attempt to dispose of any such materials, substance or matter by burying or incinerating or disposing or attempting to dispose of such matter in any manner upon any such lands.
B.
No person shall use land as a landfill in the Town of Waterford unless
a permit is first obtained pursuant to state law.
A.
A permit, to be issued by the Building Official, will be required
for landfill improvements within the Town of Waterford for areas in
excess of 1,000 cubic feet.
B.
In all areas, a minimum of 60% nonorganic materials will be required
for fill. All areas shall be covered with one foot of 100% nonorganic
materials within 30 days after a permit is issued.
[Amended 9-1-1987 by L.L. No. 3-1987]
Sanitary landfill areas will be governed by Chapter 138, Solid Waste Disposal and not regulated by this article.
[Amended 9-1-1987 by L.L. No. 3-1987]
Industrial waste disposal will be allowed only as permitted
by state, county and federal standards.
A.
Any person who commits or permits any act or acts in violation of
any of the provisions of this article shall be deemed to have committed
a violation and shall be liable for any such violation or the penalty
therefor. Every day such violation shall continue or shall be permitted
to exist shall constitute a separate additional violation of this
article.
B.
Any person, as herein defined, violating any of the provisions of
this article, upon conviction therefor, shall be punished by a fine
not exceeding $250 in amount or by imprisonment for a period not to
exceed 15 days, or by both such fine and imprisonment.[1]
C.
In addition to the above-described penalties and punishment, the
Town Board may also maintain an action or proceeding in the name of
the Town of Waterford in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of this
article.
[Adopted 5-3-1988 by L.L. No. 1-1988]
By the adoption of this article, the Town Board of the Town
of Waterford declares its intent to regulate, control and prohibit
the dumping, storing or placing of certain kinds of solid or liquid
waste material orginating from inside or outside the boundaries of
the Town of Waterford or creating a dump or dumping ground of such
materials within the town. This article is enacted by the Town Board
of the Town of Waterford in the exercise of its police power and pursuant
to § 130, Subdivisions 6 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.
Includes any individual, firm, partnership, corporation,
municipality or association of persons.
Includes all putrescible and nonputrescible solid wastes,
including garbage, rubbish, ashes, incinerator residue, street cleanings,
demolition and construction debris, abandoned vehicles, offal, commercial,
hospital and industrial wastes and hazardous and toxic wastes.
A.
The dumping, storing or placing of any kind of solid or liquid waste
materials within the Town of Waterford which is picked up, brought
or transported from inside or outside the Town of Waterford is hereby
prohibited.
B.
The creation, maintenance and/or operation of dumps or dumping grounds
within the Town of Waterford of solid or liquid waste material coming
from inside or outside the boundaries of the Town of Waterford other
than by the Town of Waterford is hereby prohibited.
Nothing herein contained shall be deemed to prohibit any person
from disposing of solid or liquid waste material on property upon
which such solid or liquid waste material is produced, provided that
such person has obtained all necessary permits and approval from all
appropriate governmental and quasi-governmental agencies. The Town
Board of the Town of Waterford reserves the right to allow additional
exceptions from time to time in situations where solid or liquid waste
material cannot for any reason be disposed of on the property upon
which the solid or liquid waste material has been produced.
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 county jail for not more than six months, or by both such fine
and imprisonment. The Town Board shall also have the power to bring
a civil action to restrain any violation of this article in a court
of competent jurisdiction. When a violation of this article is continuous,
each 24 hours thereof shall constitute a separate and distinct offense.
