[Adopted 4-24-1990 by L.L. No. 2-1990]
This article shall be known as the "Town of
Halfmoon Dump, Landfill, Waste Disposal and Hazardous Materials Law."
As used in this article, the following terms
shall have the meanings indicated:
HAZARDOUS WASTE
Those wastes or materials classified as such by the New York
State Department of Environmental Conservation (DEC) under the provisions
of 6 NYCRR Part 371, in addition to the following materials:
A.
Ash tested under EPA guidelines using the extraction
procedure, or EP test, shall be considered hazardous if it exceeds
any of the following levels:
(1)
Lead: 2.0 milligrams per liter.
(2)
Cadium: 0.3 milligrams per liter.
B.
Ash exceeding one part per billion of dioxin.
Such testing will be performed by qualified laboratories, under the
direction of the Town of Halfmoon, with all cost to be paid by the
facility owner.
SOLID WASTE
Those wastes or materials classified as such by DEC under
the provisions of 6 NYCRR Part 360.
All landfills, dumps, disposal sites or storage
facilities for hazardous waste, as defined herein, if and when operated
in the Town of Halfmoon shall meet the requirements of 6 NYCRR Parts
370 through 375.
In addition to the requirements of 6 NYCRR § 360-2.11(c),
all landfill environmental monitoring plans must include monitoring
well cluster spacing that does not exceed 500 feet. At a minimum,
well spacing must provide at least one upgradient and three downgradient
well clusters for each water-bearing unit of the critical stratigraphic
section.
In addition to the requirements of 6 NYCRR § 360-2.12(c)(3),
any landfill or landfill cell into which putrescible solid waste is
proposed to be located must be located no closer than 10,000 feet
from any airport runway used by piston-type aircraft and no closer
than 15,000 feet from any airport runway used by turbojet aircraft.
It is the intent of this article that there
be no public and/or private dumps, landfills, waste depositories or
storage facilities for solid or hazardous waste within the Town of
Halfmoon without the written permission of the Town Board of the Town
of Halfmoon.
In the event that any solid waste or hazardous
waste facilities may be imposed upon the Town of Halfmoon by superseding
governmental laws, rules and regulations, such facilities shall be
limited by the above standards and conditions insofar as those standards
and conditions are permitted by law to be enforced.
Any person, firm or corporation who shall violate
any provision of this article shall, upon conviction, be subject to
a maximum fine of $1,000 or a maximum term of imprisonment of one
year, or both, for each offense.
Pursuant to the provisions of § 130,
subdivision 6, of the Town Law of the State of New York, the said
Town Board hereby does make and publish this article.
It is hereby determined by the Town Board that
the operation of dumps and facilities for the disposal of garbage
is likely to constitute a hazard and menace to the health and safety
of the residents of the Town of Halfmoon. Garbage is a deleterious
substance and garbage dumps emit obnoxious odors and fumes. Such dumps
attract rodents and vermin and become breeding places for them. The
process of burning garbage causes smoke and oxidized garbage to be
given off into the air which the community breathes. It is the intent
of this article to prohibit such conditions. It is the intent of this
article to prohibit the dumping of rubbish within the Town of Halfmoon
except at the Town-operated transfer station.
As used in this article, the following terms
shall have the meanings indicated:
GARBAGE
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, except compost material deposited on the property of the
owner in a designated area where it is restricted from overflowing
into others' property.
PERSON
An individual, society, club, firm, partnership, corporation,
LLP, LLC or association of persons, and the singular number shall
include the plural number.
RUBBISH
Includes, but shall not be limited to, waste metal, tin cans,
ashes, cinders, glass, pottery, and all discarded substances of a
solid and incombustible nature.
This article shall apply to dumping upon all
lands, public or private, within this Town except at the Town Transfer
Station during duly designated hours.
No person shall use any of the lands within the Town of Halfmoon as a dump or dumping ground, nor shall any person throw, dump, deposit or place on such lands or cause to be thrown, dumped, deposited or placed on any such lands any garbage, rubbish, etc. as defined in §
138-15 of this article, except compost material as set forth above.
Any person violating any of the provisions of
this article for the first time shall be guilty of a violation and,
upon conviction, shall be subject to a fine of not more than $500
for each offense or imprisonment in the county jail for not more than
15 days, or by both such fine or imprisonment, and upon any subsequent
offenses shall be guilty of a misdemeanor and subject to a fine of
$1,000 or a term of jail not to exceed six months. 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.