[Adopted 4-29-1986]
The Town Board has determined that the safety, health, and wellbeing of the residents of the Town of Coxsackie would be jeopardized by the presence within the township of certain toxic substances hereafter enumerated. Disposal of said substances within the township would create a serious potential risk to humans, domesticated animals, livestock, crops and wildlife. Disposal of said substances may result in evacuation, abandonment and contamination of the affected area for an indeterminate length of time. Pursuant to the exercise of its police power and in order to safeguard its residents and property, the Town Board does enact this article.
As used in this article, the following terms shall have the meanings indicated:
PERSON
Any individual, public or private corporation, partnership, association, firm, trust, estate, municipality, agency or political subdivision or entity.
TOXIC SUBSTANCES
A. 
Any substance containing polychlorinated dibenzodioxins having a concentration equal to or exceeding one part per billion.
B. 
Any substance containing polychlorinated dibenzofurans having a concentration equal to or exceeding one part per billion.
A. 
No person shall dump, deposit, throw, bury, place or dispose of any toxic substances within the Township of Coxsackie.
B. 
No person shall suffer or permit any toxic substances to be dumped, deposited, buried, placed, disposed of or remain upon lands which he owns, leases, controls or otherwise has an interest in within the Township of Coxsackie.
A. 
Any person violating any provision of this article shall be subject to a fine of not more than $1,000 and/or imprisonment for a period not to exceed four months. Corporate violators shall be subject to a fine in an amount not exceeding double the amount of the corporation's gain from the commission of the offense or $1,000.
[Amended 5-14-1991 by L.L. No. 4-1991]
B. 
Each day in which toxic substances are disposed of and each day in which toxic substances remain upon lands within the Township of Coxsackie shall constitute a separate violation of this article.
C. 
The penalties herein prescribed shall be subject to any limitation which may by law apply.
In addition to the penalties prescribed in § 125-26 above, any violation of this article shall be subject to enjoinment and immediate termination by temporary restraining order, preliminary injunction and/or permanent injunction.
Any person who violates § 125-3 of this article shall be liable for the expenses of removing the toxic substances and restoring the land to its condition before the toxic substances were disposed of.
Table I
Toxic No.
Toxic Contaminant
Maximum Concentration
(milligrams per liter)
101.
Arsenic
5.0
102.
Barium
100.0
103.
Cadmium
1.0
104.
Chromium
5.0
105.
Lead
5.0
106.
Mercury
0.2
107.
Selenium
1.0
108.
Silver
5.0
109.
Endrin (1,2,3,4,10,10-hexachloro-1, 7-epoxy-1, 4,4a,5,6,7,8,8a, octahydro-1, 4-endo, endo-5, 8-dimethano-naphthalene)
0.02
1010.
Lindane (1,2,3,4,5,6-hexachlorocyclo-hexane, gamma isomer)
0.4
1011.
Methoxychlor [1,1,1-Trichloro-2,2-bis, (p-methoexyphenyl) ethane]
10.0
1012.
Toxaphene (C10H10Cl8, technical chlorinated camphene, 67% to 69% chlorine)
0.5
1013.
2,4-D, (2,4-Dichlorophenoxyacetic acid)
10.0
1014.
2,4,5-TP (Silvex) (2,4,5-Trichlorophenoxy-propionic acid)
1.0
Chlorinated dibenzodioxin
0.0005
Table II
Toxic No.
Contaminant
Appendix
101.
Arsenic
CIII
102.
Barium
CIV
103.
Cadmium
CV
104.
Chromium
CVI
105.
Lead
CVII
106.
Mercury
CVIII
107.
Selenium
CIX
108.
Silver
CX
109.
Endrin (1,2,3,4,10,10-Hexachloro-1 7-epoxy-1,4,4a,5,6,7,8,8a-octahydro-1, 4-endo, endo-5, 8-dimethano-naphthalene)
CXI or CXII
1010.
Lindane (1,2,3,4,5,6-Hexachlorocyclohexane, Gamma isomer)
CXI or CXII
1011.
Methoxychlor [1,1,1-Trichloro-2,2-bis (p-methoxyphenyl) ethane]
CXI
1012.
Toxaphene (c10H10Cl8, Technical chlorinated camphene, 67% to 69% chlorine)
CXI or CXII
1013.
2,4-D (2,4-Dichlorophenoxyacetic acid)
CXII or CXIII
1014.
2,4,5-TP (Silvex) (2,4,5-Trichlorophenoxy-propionic acid)
CXII or CXIII
1015.
Chlorinated dibenzodioxin
CXII