The purpose of this chapter is to provide standards for the dumping,
storage or other handling of toxic materials, including sludge. It is recognized
that recently, regarding the dumping of sludge, the Town of Cortlandt has
become the proposed dumping site for Westchester County. Not only has the
Croton landfill operation been in existence for many years within the boundaries
of the Town of Cortlandt and the Village of Croton, but recently it was proposed
that the town become a dump site for sludge materials. This would radically
affect the health, safety and welfare of the citizens of the town without
any adequate safeguard for the citizens. Realizing this, the town wishes to
protect the health, safety and welfare within the town and thus provide methods
and means of examining these proposed dumping activities or storage activities
before they take place.
As used in this chapter, the following terms shall have the meanings
indicated:
OTHER WASTE
Garbage, refuse, decayed wood, sawdust, shavings, bark, lime, cinders,
ashes, offal, oil, tar, dyestuffs, acids, chemicals and all other discarded
material which may cause or might reasonably be expected to cause pollution;
also water-carried human or animal waste from residences, buildings, industrial
establishments or other places, together with such groundwater infiltration
and surface water as may be present, and any liquid, gaseous, solid or waste
substance, or combination thereof, resulting from any process of industry,
manufacturing, trade or business or from the development or recovery of any
natural resources, which may cause or might reasonably be expected to cause
pollution. It shall also include solid waste, incinerator residue, filter
backwash sewage, sewage, sludge, biological materials, heat, discarded equipment,
rock, sand, cellar dirt, industrial, municipal and agricultural wastes discharged
into waters, solids, residues and settled matter separated from or created
in sewage by the treatment process of a publicly owned treatment works. However,
heating-oil uses, gasoline storage and separate sewage disposal systems are
excluded from regulation under this section.
TOXIC MATERIALS AND HAZARDOUS WASTE
Hazardous or toxic waste as listed under Identification and Listing
of Hazardous Waste pursuant to Article 27 of the Environmental Conservation
Law of the State of New York.
The application should show:
A. That any unauthorized discharge, spill or recognizable
loss of toxic or hazardous waste materials or other waste shall be reported
to the Town Engineer in addition to the federal and state authorities within
two (2) hours of detection.
B. That, upon discharge of the toxic or hazardous waste
or other waste material, the owner of the facility must take immediate steps
to stop the discharge, reclaim or properly dispose of the discharge materials,
restore the environment and repair any physical damage caused by the discharge,
explosion or cleanup operations.
The application should show:
A. That storage sites for toxic hazardous wastes or materials
or other wastes must be posted with warning notices and safety information.
B. That storage facilities and piping must be clearly labeled
with the contents near the points of filling and drawing and on the individual
aboveground tanks or storage facilities.
[Amended 8-17-1993 by L.L.
No. 2-1993]
Any dumping or activities without first obtaining a certificate as required
under this chapter shall be punishable by a fine not to exceed two hundred
fifty dollars ($250.) or up to fifteen (15) days in jail or by a civil penalty
not to exceed three thousand dollars ($3,000.). Each day's continuance shall
constitute a separate violation.
The Building Inspector of the Town of Cortlandt, the town patrolman
and other law enforcement agencies shall be responsible for the enforcement
of this chapter. This chapter shall be in addition to any other requirements
under the Environmental Conservation Law or other laws designed to protect
the environment or local laws and ordinances passed for the purpose of protecting
the public health, safety and welfare of the town.