[HISTORY: Adopted by the Town Board of the Town of Wallkill 4-8-1999 by L.L. No. 2-1999. Amendments noted where applicable.]
By adoption of this chapter, the Town Board of the Town of Wallkill declares that dumps, landfills, sewage waste disposal areas, hazardous sites and solid waste management facilities, as defined in Title 6 of NYCRR, or any other areas where the activity of storing or processing of materials such as refuse, garbage or the like is being conducted in the Town of Wallkill are prohibited.
Said Town Board hereby declares that such activities may constitute a nuisance or can be hazardous to property, the environment, individuals and the general public. The Town Board wishes to safeguard its residents against unwarranted dumping or storage and hereby declares that a clean, wholesome, attractive environment is important to the health and safety of its inhabitants.
Said Town Board hereby declares that waste incinerators for the burning or incineration of waste, refuse or garbage are prohibited.
This chapter shall neither prohibit nor restrict the spreading of manure generated in the Town of Wallkill as part of normal farm operation on land owned or leased for farming.
As used in this chapter, the following terms shall have the meanings indicated:
- Includes any lot, land, parcel, building, structure or part thereof for a place of storage or deposit of refuse by any person or persons, corporation, partnership or other legal entity, whether in connection with any business or not, where items of refuse are held or stored or processed for any period.
- ENFORCEMENT OFFICER
- Shall be the Building Inspector or such person(s) as designated by the Town of Wallkill Town Board to enforce the provisions of this chapter.
- A. SOLID WASTE:
- (1) Commercial solid waste generated by stores, offices and other activities that do not actually turn out a product.
- (2) Industrial solid waste resulting from industrial process and manufacturing.
- (3) Institutional solid waste originating from educational, health-care or other research facilities.
- (4) Municipal solid waste comprised of residential and commercial waste.
- (5) Residential solid waste, including waste which normally originates in a residential environment.
- (6) Construction solid waste from demolition debris.
- (7) Medical solid waste from hospitals, medical research facilities, adult- and health-care centers, nursing homes and other sources.
- (8) Low-level water from nuclear facilities, research centers and other sources which may be the source of such materials.
- (9) Sewage waste disposal.
- (10) Any other hazardous waste materials.
- C. Any old or discarded materials or objects of any kind not usable are refuse; examples being building materials, trailers of any kind (including mobile homes and travel trailers), vehicles, machinery, appliances, furniture, old rubber, old batteries or other waste or discarded materials or materials dangerous to the health or safety, regardless of their kind, form, material, shape or nature.
- The Town of Wallkill, Orange County, State of New York.
It shall be a violation to permit refuse to be stored, accumulated, deposited, abandoned or recycled in the Town of Wallkill. Violation of this section of the chapter shall be punishable by civil penalty not to exceed the sum of $10,000 per day per violation for each violation.
In the event that a civil penalty under this chapter remains unpaid for a period in excess of 10 days, such civil penalty may be enforced by an action on behalf of the Town of Wallkill in any court of competent jurisdiction.
In addition to the above penalties, the town may also maintain an action or proceeding in the name of the town in any court of competent jurisdiction to compel compliance with this chapter or to enjoin any act prohibited by this chapter. All costs and legal fees associated with such action or proceeding, as well as the removal, shall be assessed to the party(s) found to be in violation of this chapter.
The Building Inspector or other party designated as the Enforcement Officer shall have the power to enforce the provisions of this chapter and, for that purpose, shall have the right and is hereby empowered to enter upon any premises upon which any refuse is stored or a dump is located in the town, or upon which the Enforcement Officer has reasonable cause to believe that a dump is about to be located, and to inspect same at any reasonable time.
All local laws or ordinances previously adopted by the Town of Wallkill relating to the dumping of garbage, refuse or the like shall remain in full force and effect and, in the event of any inconsistency with the same, this chapter shall prevail. If any portion of this chapter is declared invalid, it shall have no effect upon the remaining provisions of such chapter.