[HISTORY: Adopted by the Town Board of the Town of Horseheads 10-14-2009 by L.L. No.
1-2009. Amendments noted where applicable.]
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:
To heap or pile matter capable of decay, including, but not
limited to, grass cuttings, leaves, brush, or decaying foods, for
use as fertilizer.
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").
Includes but is not limited to:
Any matter capable or incapable of fermentation or decay.
Includes but is not limited to:
Wood of growing trees sawed or split into boards or planks.
Wood pallets.
Wood used in packing and/or shipping.
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.
Includes but is not limited to:
Solids removed during the treatment of:
Any matter that is defined as solid waste in either of the
following:
Chemung County Local Law No. 2 For the Year 1989, as amended;
or
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).
The Town of Horseheads.
Materials listed or defined as hazardous by either of the
following:
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.
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.
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.
