[Added 1-8-1990 as L.L. No. 2-1990]
It is the intent of this Article to regulate,
control or prohibit the dumping, storing or placing of certain kinds
of solid or liquid waste material originating from inside or outside
the boundaries of the Village of East Rockaway or creating a dump
or dumping ground of such materials within the Village.
As used in this Article, the following terms
shall have the meanings indicated:
A place used for the disposal and leaving of solid or liquid
waste by the public or by any person.
Includes an individual, firm, partnership, corporation, municipality
or association of individuals.
All putrescible and nonputrescible solid wastes, including
garbage, human sewage, sludge and/or dewatered sludge, rubbish, ashes,
incinerator residue, street and building demolition and construction
debris, metals, abandoned vehicles, offal, commercial and industrial
wastes and hazardous and toxic wastes as defined by the New York State
Department of Environmental Conservation and the United States Environmental
Protection Agency.
A.
The dumping, storing or placing of any kind of solid
or liquid waste material within the Village of East Rockaway which
is picked up, brought or transported from inside or outside the Village
of East Rockaway is hereby prohibited.
B.
The creation and/or operation of sanitary landfills,
dumps or dumping grounds within the Village of East Rockaway for solid
or liquid waste coming from inside or outside the boundaries of the
Village of East Rockaway is prohibited.
C.
Vehicles transporting any solid or liquid waste through
the Village of East Rockaway may not enter the corporate boundaries
of the village unless suitably equipped to prevent any spillage or
other accidental release into the environment.
D.
There shall be no prohibition against the normal garbage
and refuse collections and disposal currently sanctioned by the village.
Any person violating any of the provisions of
this Article shall be guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine not exceeding $1,000 for each
offense or by imprisonment for not more than six months, or by both
such fine and imprisonment. The Village Board shall also have the
power to bring civil action to restrain any violation of this Article
in a court of competent jurisdiction. When a violation of this Article
is continuous, each 24 hours thereof shall constitute a separate and
distinct offense.
If any section, paragraph, subdivision or provision
of this Article shall be adjudged invalid or held unconstitutional,
the same shall not affect the validity of this Article as a whole
or any part or provision thereof other than the part so decided to
be invalid or unconstitutional.
All prior ordinances, local laws or resolutions
or parts of ordinances, local laws or resolutions of the Village of
East Rockaway inconsistent with the provisions of this Article are
hereby repealed; provided, however, that such repeal shall be only
to the extent of such inconsistency, and in all respects, this Article
shall be in addition to other legislation regulating and governing
the subject matter covered by this Article.
