[HISTORY: Adopted by the Town Board of the Town of Walton 3-14-1988 by L.L. No. 1-1988; amended in its entirety 8-6-1991 by L.L. No. 3-1991. Subsequent amendments noted where
applicable.]
A.
This chapter is enacted to prohibit dumping, the operation of dumps,
dumping and the importation of waste material generated and collected
outside the Town of Walton to a site in the Town of Walton.
B.
This chapter amends Local Law No. 1 of the Town of Walton for the
year 1988, as previously amended by Local Law No. 2 of the Town of
Walton for the year 1990.
A Local Law Amending Local Law No. 1 of the Town of Walton for
the Year 1988 Prohibiting the Operation of Dumps and Dumping, as previously
amended by Local Law No. 2 of the Town of Walton for the Year 1990.
It is hereby determined by the Town Board that the operation
of dumps for the disposal of garbage and rubbish, and the dumping
of garbage and rubbish, is likely to constitute a hazard and menace
to the health and safety of the residents of the Town of Walton, and
it is therefore the intent of this chapter to prohibit dumping and
the operation of dumps in the Town of Walton, pursuant to § 130,
Subdivisions 6 and 15, of the Town Law of the State of New York.
As used in this chapter, the following terms shall have the
meanings indicated:
As used in this chapter shall mean a place used for any and
all types of disposal, including specifically, but not limited to,
delivery, dumping, autoclaving, incineration, leaving, microwaving,
all other methods and forms of compacting and/or disposal of paper,
garbage, rubbish, trash, toxic chemicals and substances and other
waste materials of any nature by the public or by any person.
As used in this chapter shall include an individual, firm
partnership, corporation (not including municipal corporations), or
association of persons.
A.
The operation or maintenance of a dump is hereby prohibited in the
Town of Walton.
B.
The dumping, delivery, autoclaving, incineration, leaving, microwaving
and all other methods and forms of compacting and/or disposal of paper,
garbage, rubbish, trash, toxic chemicals and substances and other
waste materials of any nature in the Town of Walton except at a municipally
operated transfer station or landfill is prohibited.
C.
The transportation to any location in the Town of Walton except a
municipally operated transfer station or landfill of paper, garbage,
rubbish, trash, toxic chemicals and substances and other waste materials
of any nature generated and collected outside the Town of Walton is
hereby prohibited.
Nothing herein contained shall be deemed to prohibit any person
from disposing of noncommercial or industrial rubbish, waste material,
and garbage on property upon which such rubbish, waste material, and
garbage is produced.
Any person violating any of the provisions of this chapter shall
be guilty of a misdemeanor and, upon conviction thereof, be punished
by a fine not exceeding $1,000 for each offense or by imprisonment
in the County Jail for not more than six months, or by both such fine
and imprisonment. The Town Board shall also have the power to bring
a civil action to restrain any violation of this chapter in a court
of competent jurisdiction. When a violation of this chapter is continuous,
each 24 hours thereof shall constitute a separate and distinct offense.
