[HISTORY: Adopted by the Town Board of the
Town of Red Hook 4-13-1976 by L.L. No. 10-1976 as Ch. 43 of the 1976
Code. Amendments noted where applicable].
GENERAL REFERENCES
Zoning — See Ch. 143.
This chapter shall be known as the "Refuse Disposal
Regulations of the Town of Red Hook, New York."
By the adoption of this chapter, the Town Board
of the Town of Red Hook declares its intent to be to regulate and
license the operation within this town of refuse disposal areas known
as sanitary landfill sites and to prohibit the dumping of refuse,
garbage and rubbish in an open area without being treated in the manner
herein provided. Such dumping is hereby declared to constitute a menace
and threat to the public health, safety, welfare and morals and can
adversely affect the growth and development of this town. Fire, odors
and fumes are frequently emitted from such open dumps, all a potential
public hazard and threat to the person and property of the inhabitants
of this town. Therefore, pursuant to the authority contained in the
Town Law § 130, Subdivision 6, and pursuant to its police
power as contained in the Town Law § 130, Subdivisions 11
and 15, the Town Board of the Town of Red Hook does hereby ordain
as follows.
For the purpose of this chapter, the following
words and phrases shall have the meanings ascribed to them in this
section:
Waste food, papers, dead animals or parts thereof and all
waste or discarded wood, lumber or vegetable matter of any kind, or
any other matter which shall be inflammable or capable of fermentation
or decay.
Any refuse, sludge, or other waste materials, whether or
not recycled or reused or intended to be recycled or reused, including
solid, liquid, semisolid, or contained gaseous material that results
from, is associated with or is produced as a by-product of the exploration,
drilling or extraction of natural gas or oil and other subsurface
hydrocarbons, including without limitation production brine, produced
waters, flowback, flowback fluids or hydraulic fracturing fluids.
[Added 5-14-2013 by L.L. No. 2-2013]
An individual, group of individuals, partnership, firm, public
or private corporation, institution, association or other entity.
Land, buildings or other structures, vehicles or parts thereof.
All putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, street cleanings, dead animals, offal, construction
and demolition debris and solid commercial and industrial wastes,
not including natural gas and oil production by-products.
[Amended 4-9-1991 by L.L. No. 1-1991; 5-14-2013 by L.L. No. 2-2013]
The use of a disposal area for an accumulation of refuse
for profit, or use of a disposal area for an accumulation of refuse
not confined to collection of refuse from a single family.
Land used for the depositing of refuse.
Waste metal, tin cans, ashes, cinders, glass, pottery and
all discarded substances of a solid and combustible nature.
The owner and/or the owner's agent, and the
occupant of any premises within the Town of Red Hook, Dutchess County,
New York, shall be responsible for the sanitary condition of any premises
owned or occupied by him or her or of which he or she has possession
and control, and it shall be unlawful for any person to place, collect,
deposit or allow to be placed, collected or deposited on any premises
in the Town of Red Hook any refuse, except as provided in this chapter.
[Added 5-14-2013 by L.L. No. 2-2013]
No land in the Town of Red Hook shall be used for the disposal
of natural gas and oil production by-products.
A.
It shall be unlawful for any person to carry on or
conduct a refuse disposal business within the Town of Red Hook unless
such person shall first obtain a license for such business, which
license shall be issued by the Town Clerk only upon the approval of
the Town Board and after proper application therefor and payment of
the required fee.
B.
The fee for a refuse disposal business license shall
be the sum of $1,000.
[Amended 4-9-1991 by L.L. No. 1-1991]
C.
All such licenses shall be annual licenses for the
period January 1 to December 31 and shall expire at 12:00 midnight
on December 31 of the year in which issued; renewals of such licenses
shall not be granted except upon proper application to the Town Clerk
and payment of the annual fee.
D.
All applications for licenses shall be made upon forms
approved by the Town Board and shall contain the following:
(1)
The name, citizenship, sex, age, occupation and address
of the applicant and any other addresses used by the applicant during
the preceding 10 years.
(2)
If a partnership, corporation or association, the
names and addresses of all partners, officers and directors, with
a statement of the age and occupation of each.
(3)
A description and list of all operating equipment
and the minimum number of employees to be used by the applicant.
(4)
The ownership and location of the site to be used,
its size and dimensions, a complete description thereof and the interest
of the applicant therein.
(5)
An express agreement by the applicant that the applicant
will carry on and conduct the licensed business in full compliance
with this chapter and with any amendments thereof, and that the applicant's
site and equipment may be inspected at any reasonable time by the
Town Board or its designated agents.
E.
Such license shall be personal with the licensee.
It shall not go with the title to the land nor may it be sold, assigned,
transferred or disposed of in any manner.
F.
Such license may be revoked by the Town Board after
public hearing thereon, at which time the licensee shall have an opportunity
to be heard. Upon revocation or the expiration of a license issued
hereunder, the town may require the licensee to put the licensed site
area in a proper, safe and sanitary state.
G.
The maximum number of licensed disposal sites permitted
within the Town of Red Hook at one time shall be five in number.
A.
No refuse disposal area or the fills thereon shall
be located so as to obstruct natural drainage channels, nor where
springs exist, nor in any location subject to flooding, unless protective
dikes are erected or other measures are taken to prevent erosion of
the fill.
B.
No refuse disposal area or the fills thereon shall
be located in areas where a normal or raised water table during rainy
seasons might result in pollution of public or private water supplies,
nor where the presence of creviced limestone or other rock or soil
formation might cause underground pollution.
A.
The refuse disposal area shall be maintained and operated
in a safe and sanitary manner at all times.
B.
The Town Board of the Town of Red Hook and its representatives
and any officer of the Town of Red Hook designated by the Town Board
may inspect and supervise the disposal area at all times. The frequency
of such inspections and the making and filing of inspection reports
shall be as designated by the Town Board.
C.
The disposal and treatment of refuse shall be performed
in accordance with state and local laws, and the following procedures
shall be observed at all times:
(1)
General standards. Refuse shall be deposited, compacted
thoroughly in layers, and all exposed surfaces shall be completely
covered with at least six inches of compacted earth, with a final
suitable cover of compacted earth, having such composition that will
support equipment and not shrink and crack open when dry. Suitable
equipment must be used to perform the necessary digging, compacting
and covering.
(2)
Specific standards.
(a)
Refuse shall be compacted into layers of approximately
1/4 of the original refuse volume, taking into consideration compaction
which may occur in special types of collecting trucks or vehicles.
(b)
Bulky waste material which might furnish rat harborage
may not be used for final surface or side slopes but must be placed
completely within the fill.
(c)
All exposed surfaces, including the face of the fill,
shall be covered with at least six inches of earth at the end of each
day of operation.
(d)
The final earth covering shall consist of compacted
earth of a suitable depth.
(e)
Cracks, depressions and erosion of earth covering
shall be promptly repaired and all completed fills must be maintained
until fill becomes stabilized.
(f)
Surface water shall be properly drained or treated
with effective chemicals so as to prevent mosquito production and
odors.
(g)
Suitable measures, including fencing, shall be taken
to prevent the scattering of lightweight materials, to control dust
and otherwise prevent a local nuisance or the breeding or harborage
of rodents or insects in or on the site.
(h)
Adequate equipment for digging, compacting and covering
shall be provided as needed.
(i)
Scavenger wastes shall not be deposited unless specifically
approved and such material is completely buried under competent supervision
immediately after depositing.
(j)
All disposals shall be conducted in conformity with
rules and regulations adopted for the protection of any source of
public water supply.
(k)
No material shall be permitted to burn after placement
in the fill. The burning of refuse shall be restricted to readily
combustible materials, shall be permitted only between the hours of
8:00 a.m. and 5:00 p.m. on weekdays only and at all times shall be
permitted only in such manner as not to create a nuisance to adjacent
property, and the residue therefrom shall be disposed of by incorporation
into the sanitary fill.
(l)
No scavenging shall be permitted except under a special
permit for the removal of such wastes. Any material removed from the
disposal site shall be so processed, treated or changed as to render
it unusable for reuse by humans without suitable cleansing and disinfection.
(m)
All depositing of refuse shall be made in a planned
and controlled manner.
D.
No refuse originating outside the boundaries of the
Town of Red Hook or collected outside such boundaries shall be deposited
in or brought to any disposal area.
A.
Any person who commits or permits any offense against
any of the provisions of this chapter shall be guilty of a violation
and, upon conviction, shall be punished by a fine of not more than
$250 for each offense or by imprisonment not exceeding 15 days, or
by both such fine and imprisonment; and each day that a violation
exists shall constitute a separate offense.
B.
Conviction of a violation of this chapter shall constitute
and effect an immediate forfeiture of any license hereunder held by
the person so convicted.
In addition to the penalties and punishment
hereinabove provided, the Town Board may also give notice by ordinary
mail to any licensee of any violations of this chapter by such licensee,
and if such violations are not corrected and cured within a reasonable
time set by said Board, and in no event later than 10 days from the
date of such notice, the Town Board may suspend or revoke any license
which may have been issued to such licensee. The Town Board may also
maintain an action or proceeding in the name of the town in a court
of competent jurisdiction to compel compliance with, or to restrain
by injunction the violation of, this chapter.
