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.
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.