[Adopted 8-14-1989 by L.L. No. 3-1989[1]]
[1]
Editor's Note: This local law also stated that with no valid petition requesting a referendum having been filed, said local law was deemed duly adopted on 9-28-1989.
No person, firm or private or municipal corporation shall place, store, deposit or dump or cause to be placed, stored, deposited or dumped for the purpose of abandonment any old junk, metal, stones, metal tanks, automobiles, automobile parts (except legal and presently existing auto salvage yards), barrels, metal cans, or other metal containers, or medical waste materials, or garbage and soil waste of any nature on any public or privately owned lot, tract of land, street, lane, alley, road, park or reserve, within the corporate limits of the Town of Mount Hope, on any property, public or private.
[Amended 3-26-1990 by L.L. No. 2-1990]
No person shall conduct or cause to be conducted any operation to deposit construction and demolition debris on any property, public or private, within the Town of Mount Hope without securing a permit from the Town of Mount Hope. In no event will a permit be issued for construction and demolition debris generated outside the limits of the Town of Mount Hope. A permit may be issued for construction and demolition debris generated within the Town of Mount Hope only upon proof that the Orange County Landfill refuses to accept said construction and demolition debris.
A. 
Requirements for permit.
(1) 
Tax Map of survey of property upon which construction and demolition debris is to be deposited.
(2) 
A plan showing all existing and proposed contour lines of said property.
(3) 
A copy of the required New York State Department of Environmental Conservation permit, if any, showing effective date of said permit and expiration date, if any.
(4) 
An application fee of $25 or such other amount as the Town Board may set from time to time by resolution at a regular meeting thereof.
B. 
Further requirements.
(1) 
The applicant shall notify the Town of Mount Hope at least three business days (Monday to Friday) prior to any activity allowed by said permit. Notification to the Town shall be by certified mail/return receipt requested and addressed to The Town of Mount Hope, Box 471, Otisville, New York 10963.
(2) 
An on-site inspector shall be assigned to the property, and said inspector must be present whenever any construction and demolition debris or fill of any kind whatsoever is deposited. No activity in this regard shall take place without the presence of said inspector.
(3) 
Any costs incident to providing an on-site inspector shall be paid by the applicant directly to the Town of Mount Hope, which costs shall not exceed $10 per hour or such other amount as the Town Board may set from time to time by resolution at a regular meeting thereof. Such costs may include but are not limited to the testing of the construction and demolition debris. The Town may for this purpose require the applicant to deposit funds in advance in a reasonable amount. Any surplus monies not expended shall be returned to the applicant.
No material of any nature which could be, or is considered to be, hazardous, infectious, toxic, radioactive, harmful or a pollutant may be deposited in any dumping area except as specifically permitted above and as specifically permitted by applicable environmental regulatory and enforcement agencies such as the United States Environmental Protection Agency, New York State Department of Environmental Conservation, Orange County Health Department, etc. No material whatsoever may be deposited which is considered in any way to be detrimental to the health and welfare of the community.
This article shall not apply to active farmers who maintain their own disposal plant or area, and deposit thereon waste and refuse from their own farms, or organic materials to be used for fertilization. However, in no event may farmers herein exempt from this article conduct such disposal in such a manner which is, or could be, in any way detrimental, harmful, or hazardous to the health and welfare of the community and its residents.
A. 
This article shall not be construed so as to prevent the Town of Mount Hope Highway Department from engaging in any highway maintenance activity. Such activities include but are not limited to highway improvements, the cleaning of ditches and disposing of the soil therefrom on lands within the Town of Mount Hope.
B. 
This article shall not be construed so as to prevent a Town of Mount Hope homeowner from performing normal lawn care, maintenance and landscaping utilizing a total of up to 150 yards of soil or topsoil or gravel or crushed stone or any other materials of a similar nature or a combination thereof during a period of one calendar year.
C. 
This article shall not be construed so as to prevent a Town of Mount Hope homeowner from obtaining a building permit for construction of a new structure; or an addition to a present structure; or installation of a septic system; or a combination thereof; and, in such event, the Building Inspector shall have the responsibility to supervise and monitor all activity contemplated under said building permit, including compliance with this article and the laws and regulations of the agencies enumerated in § 195-20 hereinabove.
A. 
Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application.
CONSTRUCTION AND DEMOLITION DEBRIS
Wastes resulting from construction, remodeling, repair and demolition of structures, road building and land clearing. Such wastes include but are not limited to bricks, concrete and other masonry materials, soil, rock and lumber, road spoils, paving material and tree and brush stumps.
HAZARDOUS WASTE
Shall have the same meaning as defined in § 1389-a of the Public Health Law of the State of New York.
INFECTIOUS WASTE
Shall have the same meaning as defined in § 1389-aa of the Public Health Law of the State of New York.
B. 
Word usage. When not inconsistent with the context, words used in the present tense include the future; words used in the plural number include the singular; words used in the singular number include the plural; and words in the masculine include the feminine and the neuter. The word "shall" is always mandatory and not merely directory. The word "person" shall include any firm, partnership, association, corporation, company or organization of any kind.
In the event that an offender be a firm or corporation, the Town of Mount Hope shall determine the identity of the individual, officer or personnel responsible for the commission of such offense, and those individuals shall be held personally liable and punishable for the offense in addition to the firm or corporation.
A. 
Any person, firm or corporation who violates the foregoing provision of this article shall be guilty of a violation, punishable by a fine not to exceed $5,000 or by imprisonment not to exceed 15 days, or by both such fine and imprisonment for each offense.
B. 
Each day of violation of this article shall constitute a separate offense.
C. 
In addition to the above penalties and punishment for a violation of the provisions of this article, the Town Board may also maintain an action or proceeding in the name of the Town of Mount Hope, in a court of competent jurisdiction, to compel compliance with, or to restrain by injunction, such violation.
D. 
In addition to the above penalties, the responsible person, firm or corporation shall immediately remove and properly and legally dispose of all materials illegally deposited and immediately take all measures necessary to properly and legally restore all disturbed land and surfaces to the condition preexisting the illegal dumping actions.
E. 
Should the responsible person, firm or corporation fail to immediately remove the materials illegally deposited on the property, the Town of Mount Hope is hereby authorized to go upon the property and remove the illegal material and restore the premises to its prior condition insomuch as same is possible, charging an amount equal to 150% of the Town's actual cost, including reasonable attorneys' fees, caused by noncompliance with the provisions of this article, in addition to the above-provided fines and penalties.
F. 
Any expense incurred by the Town as described above shall be a lien on the property until payment is received.