[HISTORY: Adopted by the Town Board of the Town of Wallkill 4-8-1999
by L.L. No. 2-1999. Amendments noted where applicable.]
A.
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.
B.
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.
C.
Said Town Board hereby declares that waste incinerators
for the burning or incineration of waste, refuse or garbage are prohibited.
D.
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.
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.
SOLID WASTE:
Commercial solid waste generated by stores, offices and other activities
that do not actually turn out a product.
Industrial solid waste resulting from industrial process and manufacturing.
Institutional solid waste originating from educational, health-care
or other research facilities.
Municipal solid waste comprised of residential and commercial waste.
Residential solid waste, including waste which normally originates in
a residential environment.
Construction solid waste from demolition debris.
Medical solid waste from hospitals, medical research facilities, adult-
and health-care centers, nursing homes and other sources.
Low-level water from nuclear facilities, research centers and other
sources which may be the source of such materials.
Sewage waste disposal.
Any other hazardous waste materials.
LIQUID WASTEWater from homes, businesses or industries that may be a mixture of water and dissolved or suspended solids and any other hazardous fluids.
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.
A.
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.
B.
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.
C.
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.
