A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants of the Town of Colonie and the safeguarding of their material rights against unwarrantable invasion and for the protection of public health, and, in addition, such an environment is deemed essential to the maintenance and continued development of the economy of the Town and the general welfare of its citizens. It is further declared that the establishment or operation of unregulated and unlicensed private dumps, dumping grounds, refuse disposal areas, landfill sites or similar land uses is a hazard to such health, safety and welfare of the citizens of the Town, necessitating the elimination thereof. At the same time, it is recognized that the maintenance of a licensed and regulated dump, dumping ground, refuse disposal area or landfill site is useful and necessary. It is hereby declared that the prohibition of unregulated and unlicensed private dumps, dumping grounds, refuse disposal areas or landfill sites or other similar use of land for the deposit, burying or disposal, in any manner whatsoever, of offal, garbage, trash, refuse, rubbish and like wastes and that the maintenance of licensed and regulated public dumps, dumping grounds, refuse disposal areas or landfill sites are necessary to provide confined areas for disposal of waste which will facilitate the inspection of facilities for disposal of wastes and facilitate the enforcement of sanitary and environmental regulations.
[Amended 2-16-2006 by L.L. No. 6-2006]
A. 
No lands, other than lands of a public dump or dumping ground heretofore or hereafter established by this Town or established by private individuals pursuant to federal, state and local laws, rules and regulations, shall be used as a dump, dumping ground, refuse disposal area or as a landfill site in said Town.
B. 
The use of land, except as licensed and authorized by federal, state and local laws, rules and regulations, as a private dump, dumping ground, refuse disposal area or landfill site is prohibited, and the use of said land for the deposit, burying or disposal in any manner whatsoever of all offal, garbage, trash, refuse, rubbish, debris and like waste is also hereby prohibited.
C. 
Any development of a solid waste management facility in the Town of Colonie shall be done in accordance with the Town of Colonie Planning Unit Solid Waste Management Plan.
D. 
This article shall not prohibit the establishment by the Town Board or private individuals of dumps, dumping grounds, refuse disposal areas or landfill sites which comply with federal, state and local laws, rules and regulations, and which are owned and operated by the Town or such individuals, from time to time.
A. 
Any person, firm or corporation committing an offense against this article or any rule or regulation promulgated thereunder shall be guilty of violation and shall be subject to the following penalties:
(1) 
For a first offense, a mandatory minimum fine not to exceed $500 and a discretionary suspension or revocation of any license, permit or privileges granted under this article or any rules or regulations promulgated thereunder.
(2) 
For a second offense, a mandatory minimum suspension for 30 days of a license, permit or privileges granted under this article or any rules or regulations promulgated thereunder and a discretionary fine not to exceed $1,000.
(3) 
For a third offense, a mandatory minimum revocation for one year of all licenses, permits or privileges granted under this article or any rules or regulations promulgated thereunder and a discretionary fine not to exceed $2,500.
B. 
In the event of a continuing offense of any section or provision of this article or rule or regulation promulgated thereunder, each day such offense shall continue shall be a separate violation and subject to a separate penalty.
C. 
The Town Attorney may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with this article or any rule or regulation promulgated thereunder notwithstanding the provisions of Subsection A(1), (2) or (3) hereof for a penalty or other punishment.
D. 
Where an offense of this article or rules or regulations promulgated thereunder causes expense to the Town, such offense may also be punished by a civil suit against the offender, brought by the Town Attorney of the Town of Colonie, in the name of the Town, in a court of competent jurisdiction to recover such additional cost.
[Amended 11-20-1997 by L.L. No. 9-1997]
The enforcement of this article and any rules and regulations promulgated thereunder will be the responsibility of the Town of Colonie Police Department, Building Department, Department of Public Works and such other persons as may be, from time to time, authorized by the Town Board of the Town of Colonie.