[HISTORY: Adopted by the Town Board of the Town of Poestenkill 5-23-1968 (Ch. 73, Art.
I, of the 1986 Code). Amendments noted where applicable.]
[Amended 12-11-1991 by L.L. No. 4-1991]
By the adoption of this chapter, the Town Board of the Town
of Poestenkill hereby declares its intent to regulate, in a manner
consistent with law and conducive to the health and welfare of the
citizens of the Town of Poestenkill, the dumping of waste material
on lands within the Town. Waste material as defined herein is acknowledged
to be a deleterious substance, injurious to health and harmful to
the environment. Recognizing the need for the Town of Poestenkill
to adequately regulate the procedure by which waste material is disposed
of on lands within the Town and in the exercise of its police power
in this regard, the Town Board of the Town of Poestenkill does hereby
enact this chapter.
[Added 12-11-1991 by L.L. No. 4-1991]
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any individual, partnership, unincorporated association,
public or private corporation, government or government instrumentality.
To throw, dispose of, discard, discharge, deposit or place.
A "dump" shall be deemed to be any place where waste material is so
dumped.
Refers to both the Town Board of the Town of Poestenkill
and the geographic and political subdivision and municipal corporation
known as the Town of Poestenkill.
Any rubbish, garbage, refuse, sludge or building demolition
debris and any solid, liquid or semisolid material which is being
discarded.
This chapter shall apply to dumping upon all lands, public or
private, within the Town of Poestenkill, and also it shall apply to
all persons; such term "persons" shall include all individuals, firms,
partnerships, corporations, municipalities or municipal corporations
and associations of persons.
[Amended 12-11-1991 by L.L. No. 4-1991]
No person shall use any land within the Town of Poestenkill
as a dump or sanitary landfill, nor shall any person dump on land
within the Town or cause to be dumped on such land any waste material
or dispose or attempt to dispose of any waste material by burial or
any other matter upon lands within the Town of Poestenkill, except
as otherwise specifically authorized and permitted by law. Any person
who violates this chapter shall be deemed to have committed an offense
against this chapter, and each day such violation shall continue or
be permitted to exist shall constitute a separate offense.
[Added 12-11-1991 by L.L. No. 4-1991]
Anything in this chapter to the contrary notwithstanding, the
burial of carrion or animal carcasses and the burial or compost piling
of compostable food and/or yard and garden material on one's
own land or on the land of another with the owner's permission
shall not be deemed to constitute dumping so as to be prohibited by
this chapter. However, such activities shall remain subject to any
federal, state, county or local statute, rule, law or ordinance which
may govern or restrict such activities.[1]
[Amended 4-10-1986 by L.L. No. 1-1986; 12-11-1991 by L.L. No. 4-1991]
Any person violating this chapter or any section or provision
thereof shall be guilty of an unclassified misdemeanor, punishable
by a fine not exceeding $5,000 per offense or imprisonment for a period
not exceeding four months for each such offense, or by both such fine
and imprisonment, and may also be ordered to clean up and remove any
waste material unlawfully dumped by said person. In addition to any
sanction or remedy hereinabove or elsewhere provided, the Town of
Poestenkill may maintain an action or proceeding in New York State
Supreme Court in Rensselaer County or in any other court of competent
jurisdiction to compel compliance with or to restrain violation of
this chapter.
[Added 12-11-1991 by L.L. No. 4-1991]
Except for the penalties, sanctions and remedies herein provided, this chapter is in no way intended to invalidate any previous order, ordinance or article of the Town of Poestenkill dealing with these or related matters. In particular, and to the extent they may otherwise remain valid, this chapter shall not invalidate Chapter 100, 113, 145 or 178 of the Code of Town of Poestenkill dealing with unsafe buildings, dumps and dumping, junkyards and solid waste (recycling), respectively.[1]
