[Adopted 6-14-1994 as L.L. No. 3-1994]
By the adoption of this Article, the Town Board
of the Town of Galway declares its intent to regulate, control and
prohibit the dumping, storing or placing of any kind of solid or liquid
waste material originating from inside or outside the boundaries of
the Town of Galway or creating a dumping ground of such materials
within said town.
As used in this Article, the following terms
shall have the meanings indicated:
All putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, incinerator residue, street cleanings, dead
animals, demolition and construction debris, abandoned vehicles, offal,
agricultural, commercial and industrial wastes, hazardous and toxic
wastes and wastes from domestic and municipal sewer systems or treatment
facilities, including sludges of any kind.
Unless and until they are used in such a manner
so as to be hazardous to the health and well-being of the residents
of the Town of Galway, organic and inorganic agricultural fertilizers
are not included within the definition of solid or liquid waste material.
The Town Board of the Town of Galway or the officials it so designates
shall possess the sole power and authority to determine whether agricultural
fertilizer has been used in such a manner so as to be hazardous to
the health and well-being of the residents of the Town of Galway.
A.
The dumping, storing or placing of any kind of solid
or liquid waste material within the Town of Galway which is picked
up, brought or transported from inside or outside the Town of Galway
is prohibited.
B.
The creation and/or operation of sanitary landfills,
dumps or dumping grounds within the Town of Galway of solid or liquid
waste materials coming from inside or outside the boundaries of the
Town of Galway is prohibited.
This Article will not apply to any existing
or proposed municipal solid waste disposal facility established and
authorized by the Town of Galway.
A.
A violation of this Article is hereby declared to
be a misdemeanor and any person, association, partnership or corporation
violating the same may, upon conviction of a first offense, be penalized
by a fine no less than $50 and not exceeding $100, together with the
reasonable costs incurred to clean up the waste material, or by imprisonment
not exceeding 30 days, or by both such fine and imprisonment. Each
day such violation shall continue shall constitute a separate violation.
B.
Further, any person convicted of a second offense
shall be penalized by a fine no less than $100 and not exceeding $500,
together with an assessment of treble the reasonable cost incurred
to clean up the waste material or by imprisonment not exceeding 30
days, or by both such fine and imprisonment. Each day such violation
shall continue shall constitute a separate violation.
C.
In addition to the above-provided penalties and punishment,
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 Article.
D.
Should the Town Board deem it necessary to protect
the health and well-being of the residents of Galway, the Town Board
or its duly authorized representatives may enter upon the premises
of any person or legal entity in violation of this Article for the
purposes of cleaning up and controlling the hazardous material located
on said premises, and the expense and costs associated with said cleanup
and/or control shall be assessed against the offending person or entity
who owns or controls said premises and/or shall be assessed against
the real property that is the subject of said cleanup and/or control
of hazardous material and shall constitute a lien and charge against
said real property until fully and completely discharged.
