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.
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:
B.
Garden refuse, grass and leaves.
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.
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.
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.