[HISTORY: Adopted by the Town Board of the Town of Halfmoon as indicated in article histories. Amendments noted where applicable.]
[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."
[1]
Editor's Note: Former § 138-2, Restriction on Facilities, was repealed 11-16-2022 by L.L. No. 8-2022.
[1]
Editor's Note: Former § 138-3, Limit on capacity, was repealed 11-16-2022 by L.L. No. 8-2022.
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.
[1]
Editor's Note: Former § 138-6, State requirements for sold waste, was repealed 11-16-2022 by L.L. No. 8-2022.
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.
[1]
Editor's Note: Former § 138-10, Outside waste, was repealed 11-16-2022 by L.L. No. 8-2022.
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.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 12-5-1997]
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.
A. 
No persons shall throw or deposit, or cause to be thrown or deposited, any rubbish, garbage, or abandoned vehicles or parts thereof, in or upon any public highway, street or public or private place within said Town of Halfmoon, excepting upon a duly maintained transfer station during designated hours therefor.
B. 
No person shall carry or cause to be carried upon any public highway, street or place within said Town of Halfmoon, any rubbish or garbage in any open vehicle unless such rubbish or garbage so carried shall be covered by a canvas or other covering so as to prevent such rubbish or garbage from being spilled upon or along such public highway or streets of said Town.
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.