[HISTORY: Adopted by the Town Board of the Town of Coxsackie 4-9-1985. Amendments
noted where applicable.]
The Town Board has determined that the operation of sanitary
landfill sites within this jurisdiction presents a significant threat
to the environment and the health, safety and welfare of the citizens
of the Town of Coxsackie. History has shown that the impacts of water,
air, noise and visual pollution associated with such sites are latent,
pervasive and recurrent and the cost of rehabilitation necessitated
by these impacts are substantial. In recognition of these concerns,
the Town board has determined that this chapter is necessary to more
effectively regulate the kind and manner of waste disposal within
this jurisdiction and provide adequate financial security for rehabilitation
and compensation associated with waste management.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes waste food, papers, dead animals or parts thereof
and all waste or discarded wood, lumber or vegetable matter of any
kind or any other matter which shall be inflammable or capable of
fermentation or decay.
Includes an individual, society, club, firm, partnership,
corporation or association of persons, and the singular number shall
include the plural number.
Includes waste metal, tin cans, ashes, cinders, glass, pottery,
building demolition materials and all discarded substances of a solid
and incombustible nature.
[Amended 5-14-1991 by L.L. No. 4-1991]
[Amended 5-14-1991 by L.L. No. 4-1991]
No person shall carry or leave or cause to be carried or left upon the premises mentioned in the definition of "solid waste disposal site" in § 119-2 or any site approved and licensed by the Town of Coxsackie any automobile, vehicle, machine, appliance or other article or any part thereof, unless the same shall have been dismantled and the body thereof so cut and flattened out so as to permit the same to occupy a minimum of space. Nothing herein contained, however, shall prevent the leaving of such vehicles or other article on the premises under an arrangement with the caretaker thereof by which such caretaker is to dismantle and properly break up and dispose of the same.
No person shall carry or leave or cause to be carried or left
upon any state-approved landfill site or any other site any garbage
as herein defined or any material, chemical waste, hazardous waste
or offal of any kind, which shall give off any offensive odor either
when left upon premises or thereafter or creates or may thereafter
create a nuisance of any kind or which shall be or may become dangerous
to human or animal life.
Only residents, agents of such residents and established businesses in the Town of Coxsackie shall deposit any garbage, rubbish or other waste material of any kind on the premises designated for that as defined in Subsection A of the definition of "solid waste disposal site" in § 119-2 herein. Garbage, rubbish or other waste materials, as used herein in this section, must originate from within the Town of Coxsackie.
A.
No person may operate a site without first obtaining a license for that site. Any person who is engaged in the business of accumulating, depositing, storing or managing garbage, rubbish or other waste materials as defined in § 119-2 herein or any person who in fact accumulates, deposits, stores or manages garbage, rubbish or other waste materials shall, before accumulating, depositing or accepting for deposit, storage or management any of said materials in the Town of Coxsackie dumping area or on any other property, public or private, in the Town of Coxsackie, procure a license from the Town Clerk of the Town of Coxsackie to accumulate deposit, store or manage such waste materials. Every person applying for such license shall pay to the Town Clerk a fee in an amount to be set by resolution of the Town Board from time to time. Any such license shall expire on the 31st day of December following its issuance.
[Amended 5-14-1991 by L.L. No. 4-1991]
B.
No license may be granted except upon proof that the designated site
for accumulation, deposit, storage or management has fully complied
with all applicable state and federal laws, rules and regulations,
including but not limited to the New York Environmental Conservation
Law and the applicable regulations thereunder. Moreover, no such license
will be granted to any person unless he first posts a bond or other
financial security in the minimum sum of $10,000,000 to constitute
a fund for reclamation and compensation for damages resulting from
the use of said license. The amount and term of the bond or other
financial security to be obtained shall be negotiated based upon the
size of the operation, type of soil, condition, type of material to
be deposited and such other relevant criteria as the Board may determine.
Said bond or financial security shall provide extended coverage during
site operations and for a minimum period of 20 years after the closing
of the landfill site or other cessation of business thereon, the Town
Board shall reserve the right to accept or reject any bond or financial
security which it deems does not provide proper protection to the
Town.
C.
Area of site.
[Added 9-30-1985]
(1)
In addition, no such license shall be granted for a site in excess
of 20 acres. For purposes of this chapter, the size of a site shall
consist of the proposed site and:
(a)
Any other active site licensed under this chapter or any other
statute or regulation of competent authority, located within one mile,
as measured in a straight line between the nearest points of said
sites, and/or
(b)
Any site which was previously used for the disposal of rubbish,
garbage or industrial waste of any kind, the last use of which ceased
less than 20 years from the making of an application under this chapter,
whether such use was under authority of competent authority or not
and located within one mile, as measured in a straight line between
the nearest points of said sites.
(2)
It shall be the responsibility of an applicant for a permit under
this chapter to prove that the proposed site complies with the provisions
of this section.
D.
The Town Board may, by unanimous vote, alter or dispense with this
requirement for financial security only when the Town Board determines,
after public hearing, that such security is not necessary for the
protection of the health and safety of the citizens of the Town of
Coxsackie.
No licensee shall accumulate, deposit, store or manage any garbage,
rubbish or waste materials of any kind which originates outside the
bounds of the Town of Coxsackie in or on any property, public or private,
in the Town of Coxsackie, except insofar as is permitted by this chapter.
A.
No person shall deposit or cause to be deposited any substance of any kind on the dumping grounds described in Subsection A of the definition of "solid waste disposal area" in § 119-2 except as to 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 its authority.
B.
No licensee shall accumulate, deposit, store or manage or accept
for such purpose any garbage, rubbish or other waste material which
has not been first certified approved for the deposit by the Town
of Coxsackie Building Inspector Code Officer or his official designees
acting under the authority of the Town Board. Before issuing a certificate
of approval for deposit, said Building Inspector Code Officer or designee
must first record:
[Amended 5-14-1991 by L.L. No. 4-1991]
C.
The Building Inspector Code Officer or his official designees shall
have access at all times to enter on and inspect any licensed landfill
site.
[Amended 5-14-1991 by L.L. No. 4-1991]
No burning by any person or persons using a dumping area described in Subsection A of the definition of "solid waste disposal site" in § 119-2 shall be permitted, except officials of the Town charged with the care and maintenance of said dumping area.
Any and all vehicles used for the collection and transportation
of garbage, rubbish, chemical or, hazardous waste and other articles
while traveling on the public highways of the Town of Coxsackie shall
be constructed and covered so as to prevent any of the material thereon
from falling on the road or blowing from said vehicles.
No persons shall throw or deposit or cause to be thrown or deposited
any garbage, rubbish, chemical or hazardous waste in or upon any public
highway, street or place or in or upon any private property within
the Town of Coxsackie, except in those sites officially designated
for said purposes herein that have fully complied with all applicable
local, state and federal laws, rules and regulations, including but
not limited to the New York Environmental Conservation Law and the
applicable rules and regulations thereunder.
Specifically excluded from the operation of this chapter are
compostable materials generated on a landowner's own property
and deposited thereon.
[Amended 5-14-1991 by L.L. No. 4-1991; 6-11-1996 by L.L. No. 1-1996]
Any person violating any provision of this chapter shall, upon
conviction, be subject to a fine of not less than $200 and not more
than $1,000 and/or imprisonment for a period not to exceed four months.
Each day shall constitute a separate violation.
Any person who or whose servants, agents, employees or officers
shall be convicted of violation hereof may have his permit revoked
by resolution of the Town Board after public hearing.
[Amended 9-30-1985]
This chapter shall not be construed to conflict with any statute,
regulation and decision of competent authority.
