Town of Horseheads, NY
Chemung County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Horseheads 10-14-2009 by L.L. No. 1-2009. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 79.
Solid waste — See Ch. 164.
This chapter is adopted in view of the increase in illegal dumping of garbage, rubbish, and other offensive materials, together with toxic materials, due in part to the inability to dispose of certain materials locally and the increasing costs associated with disposing of such materials at the Chemung County landfill. It is the intent of the Town Board of the Town of Horseheads (the "Town of Horseheads") to restrict and regulate, in a manner consistent with the interests of the residents of the Town of Horseheads, the dumping and/or other disposal of various wastes in order to promote the health, safety and general welfare of persons and property within the Town of Horseheads. This chapter shall be known and cited as "The Dumping Local Law of the Town of Horseheads." Therefore, pursuant to the authority contained in the Municipal Home Rule Law, and pursuant to its police power as contained in the Code of the Town of Horseheads Law, the Town Board of the Town of Horseheads does hereby enact the following chapter.
As used in this chapter, the following terms shall have the meanings indicated:
COMPOST
To heap or pile matter capable of decay, including, but not limited to, grass cuttings, leaves, brush, or decaying foods, for use as fertilizer.
CONSTRUCTION AND DEMOLITION DEBRIS
Any matter that is defined as construction and demolition debris in Official Compilation of the Rules and Regulations of the State of New York. ("NYCRR"), Title 6, part 360 (hereinafter referred to as "6 NYCRR Part 360").
GARBAGE
Includes but is not limited to:
A. 
Food waste of all kinds, whether for human or animal consumption.
B. 
Used food containers or parts thereof, whether fabricated of metal, paper, wood glass, plastic or synthetics.
C. 
Paper materials used in food packaging.
D. 
Dead animals or parts thereof.
E. 
Any other matter which shall be capable of fermentation or decay, except:
(1) 
Lumber as defined herein; and
(2) 
Composted garbage used as fertilizer upon farms or gardens.
LITTER
Any matter capable or incapable of fermentation or decay.
LUMBER
Includes but is not limited to:
A. 
Wood of growing trees sawed or split into boards or planks.
B. 
Wood pallets.
C. 
Wood used in packing and/or shipping.
D. 
The term "lumber" does not include untreated wood products formerly used in construction or packing and/or shipping to be used as firewood pursuant to the provisions of § 98-3B(2), herein.
RUBBISH
Includes but is not limited to:
A. 
Waste material.
B. 
Garden refuse, grass and leaves.
C. 
Tires.
D. 
Glass, metal, tins, cans, ashes, cinders, pottery, crockery, aluminum, plastics, Styrofoam and synthetics, except matters defined herein as "garbage."
SLUDGE
Solids removed during the treatment of:
A. 
Domestic or sanitary sewage.
B. 
Stormwaters.
C. 
Industrial wastewaters.
D. 
Any combination of the above.
SOLID WASTE
Any matter that is defined as solid waste in either of the following:
A. 
Chemung County Local Law No. 2 For the Year 1989, as amended; or
B. 
Title 6 NYCRR Part 360. However, concrete and concrete products (including steel or fiberglass reinforcing rods that are imbedded in the concrete), asphalt payment, brick, soil, and rock that are found to be uncontaminated after inspection by the Code Enforcement Officer shall not be deemed to be solid waste for the purposes of the prohibitions and restrictions of § 98-3A(4).
TOWN
The Town of Horseheads.
TOXIC MATERIALS
Materials listed or defined as hazardous by either of the following:
A. 
New York State Department of Environmental Conservation; or
B. 
United States Environmental Protection Agency.
A. 
Dumping, disposing, burying, burning, or littering of any of the following on any public or private lands, including, but not by way of limitation, any drainageway, basin, watercourse stream or ditch, in the Town of Horseheads is prohibited:
(1) 
Garbage, rubbish or litter, subject to the following:
(a) 
The storage of garbage, rubbish or litter that is awaiting collection and removal in an approved leakproof container in a manner which does not impair the public health or safety shall not be deemed to be prohibited by this section; provided, however, that garbage, rubbish or litter shall not be left at the curbside or edge of road for removal or collection more than 24 hours prior to such removal or collection.
(b) 
The owner of a single-family residence or farm may compost on the property comprising said residence or farm matter capable of decay (as specified in § 98-2A herein) generated from that residence or farm to be used as fertilizer so long as the disposal and composting is done in a nuisance-free manner, in a container built or designed for composting, located greater than 30 feet from any neighboring residential structure and, in any event, not less than five feet from any property line, which does not impair the public health, safety or general welfare.
(c) 
The disposal on areas within the property boundaries of a single-family residence or farm of ashes generated from that residence or farm shall not be deemed to be prohibited by this section.
(d) 
The disposal on areas within the property boundaries of a single-family residence or farm of animal carcasses or parts thereof generated from that residence or farm shall not be deemed to be prohibited by this section so long as the same shall be disposed of pursuant to the applicable provisions of New York State's Agriculture and Markets Law.
(e) 
Notice.
[1] 
Pursuant to the authority of the Code of the Town of Horseheads in the event that a property owner fails to remove any such garbage, rubbish or litter and the Code Enforcement Officer or any law enforcement officer of the State of New York or County of Chemung in his/her own opinion finds that by reason of such failure such property is or may become a place of rodent infestation or presents any other danger to the health, safety, morals and general welfare of the public, the Code Enforcement Officer or any law enforcement officer shall serve a notice of the same in the following manner:
[a] 
By personal service of a copy thereof upon the owner, executor, administrator, agent, lessee, or any person having a vested or contingent interest in said property as shown by the records of the Receiver of Taxes of Town of Horseheads; or
[b] 
By personal service of a copy of such notice upon any adult person residing in or occupying said premises, if such person can be reasonably found; or
[c] 
Or, if no such person can reasonably be found, by mailing such owner by certified mail, a copy of such notice directed to his/her last known address as shown by the above records and by securely affixing a copy of such notice, in a conspicuous place, upon any residence or other structure located on the property.
[2] 
The notice shall contain the following:
[a] 
A description of the condition of the property needing remediation.
[b] 
A statement of the particulars in which the property presents a danger to the health, safety, morals and general welfare of the public.
[c] 
An order outlining the manner in which the property is to be made safe.
[d] 
A statement that the remediation of the property shall commence within three days of the service of the notice and shall be completed within seven days thereafter, unless, for good cause shown, such time shall be extended.
[e] 
A statement that in the event of neglect or refusal to comply with the order the Town Board is authorized to provide for its demolition and removal, to assess all expenses thereof against the land on which it is located, which shall constitute a lien and charge on the property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town of Horseheads charges.
(2) 
Sludge. However, the disposal of sludge in accordance with the regulations and licensing of the County of Chemung and by the Department of Environmental Conservation shall not be deemed to be prohibited by this section.
(3) 
Toxic material.
(4) 
Solid waste. However, the disposal of solid waste at a disposal facility authorized and licensed in accordance with the regulations set forth in Chemung County Local Law No. 2 for the Year 1989 and 6 NYCRR part 360 shall not be deemed to be prohibited by this section.
(5) 
Construction and demolition debris, subject to the following:
(a) 
The storage of construction and demolition debris that is awaiting collection and removal in a manner which does not impair the public health or safety shall not be deemed to be prohibited by this section; provided, however, that said debris is removed from the site within 60 days from the issuance of a building or demolition permit by the Town of Horseheads unless otherwise exempt.
(b) 
The disposal on areas within the property boundaries of a single-family residence or farm of construction and demolition debris generated from that residence or farm shall not be deemed to be prohibited by this section; provided, however, that such construction and demolition debris is completely buried not closer than 15 feet from the neighboring property lines. Before the area is disturbed, it must be protected so that soil and other debris cannot leave the property through erosion. Best management practice, as set forth in the New York State Storm Water Design Manual or its successor, shall be utilized. The property owner must reclaim the area affected by seeding, planting, rip-rap or other means to prevent to prevent soil erosion within 60 days from the start of the disturbance. If the project is to last more than 60 days, the property owner must have permission of the Code Enforcement Officer, and it should be completed in stages to allow for the timely reclamation.
B. 
Dumping, disposing or burying of lumber is prohibited, except:
(1) 
Lumber awaiting use in any construction project stored in a manner which does not impair the public health or safety.
(2) 
This section shall not be deemed to prevent the stacking and storage of untreated lumber intended for use as firewood so long as the same shall not be stored in the following manner:
(a) 
On any highway right-of-way; or
(b) 
At or near any intersection in such a manner as to obstruct or impair the line of sight for vehicular or pedestrian traffic; or
(c) 
Within five feet or any property line; and
(d) 
At a height greater than four feet.
A. 
Conviction under this chapter shall be a violation as defined by Subdivision 3 of § 55.10 of the Penal Law of the State of New York.
B. 
Each day during which a violation continues may be deemed to be a separate violation.
C. 
Conviction of an offense as provided by this chapter shall be punishable by the following:
(1) 
Fines pursuant to the General Penalty[1] provisions of the Code of the Town of Horseheads, or, in the case of a corporation, an amount in accordance with Penal Law § 80.10; and/or
[1]
Editor's Note: See Ch. 1, Art. II, General Penalty.
(2) 
Restitution based on avoided disposal fees and the costs of collection and hauling; and/or
(3) 
Community service.
D. 
In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town of Horseheads in a court of competent jurisdiction to compel compliance with this chapter by injunction, abatement or otherwise compel cessation of each violation, or obtain restitution to the Town of Horseheads for costs incurred by the Town of Horseheads in identifying and remedying each violation, including but not limited to reasonable attorney fees and environmental testing.
Any reference herein to any state, county and/or local statute, law, resolution, rule or regulation shall include any future amendments thereto which become effective after the adoption of the chapter.
All ordinances, local laws and parts thereof inconsistent with this chapter are hereby repealed.
Whenever any local law, ordinance, or regulation of the Town of Horseheads, County of Chemung, State of New York, or United States of America is inconsistent with this chapter, whichever local law, ordinance, or regulation is more stringent shall supersede the less stringent local law, ordinance, or regulation.