As used in this chapter, the following terms
shall have these meanings ascribed to them:
Electronic equipment containing circuit boards and transistors,
such as radios, stereos, televisions and computer components.[1]
Large items of refuse, including but not limited to furniture,
auto parts and appliances such as washers, dryers, refrigerators,
television sets, water heaters, mattresses, springs, logs and tree
stumps.
Any person who, as a business enterprise, collects residential
or commercial solid waste, from more than one household or any business
or commercial establishment or industrial facility within the Town
or otherwise transports or disposes of solid wastes collected from
said sources or who performs any of these services for a fee.
Uncontaminated wastes resulting from construction, remodeling,
repair and demolition of structures. These wastes shall include but
not be limited to concrete, asphalt, stone, brick, block, wood, plaster,
nonasbestos shingles and insulation, roofing materials and metals,
plumbing fixtures, electrical wiring, but shall not include any hazardous
wastes or any of said listed materials which contain, include or have
been tainted or affected by toxic, hazardous or otherwise harmful
elements, chemicals or materials.
Putrescible animal or vegetable waste resulting from the
handling, storage, sale, preparation, cooking or serving of food.
Any waste or combination of wastes which because of its quantity,
concentration or physical, chemical or biological characteristics
possesses a substantial present or potential hazard to human or animal
health or to the environment as determined by the Town Board or the
Department of Environmental Conservation. Such waste shall include
but not be limited to wastes which are bioconcentrative, highly flammable,
explosive, highly reactive, toxic or poisonous, irritating, sensitizing,
corrosive or infectious and shall include wastes that are solid, semisolid,
liquid or gaseous. The final determination of whether or not a waste
is hazardous shall be made by the Town Board and shall not be limited
to those items or materials defined as hazardous by state and federal
law, rule or regulation.
Household waste which, but for its point of generation, would
be hazardous waste as defined by this chapter, including pesticides
as defined in the New York State Environmental Conservation Law.
Solid waste generated by mining, manufacturing, or industrial
processes. Such waste may include but is not limited to, the following
manufacturing processes: electric power generation; fertilizer/agricultural
chemicals; inorganic chemicals; leather and leather products; organic
chemicals; plastics and resins manufacturing; pulp and paper industry;
rubber and miscellaneous plastic products; stone, clay and concrete
products; textiles; transportation equipment; and water treatment.
Any individual, firm, partnership, company, corporation,
association, joint venture, cooperative enterprise, trust, municipality,
government agency, societies, clubs, fraternal orders and any other
entity or group of persons which is capable of being sued. In any
provisions of this chapter prescribing penalties for noncompliance,
the term “person” shall include the officers, directors,
partners, managers, or persons in charge of a company, corporation,
or other legal entity having officers, directors, partners, managers
or other persons in charge.
Any person owning property or living on property located
in the Town of Berne.
Any one or more of the following: combustibles, including,
but not limited to, paper, cartons, boxes, barrels, wood, wood furniture
and bedding; noncombustibles, including, but not limited to, metal,
tin cans, metal furniture, small quantities of rock, concrete, glass,
crockery, and other metal fixtures.
All putrescible and nonputrescible materials or substances,
that are discarded or rejected as being spent, useless, worthless
or in excess to the owners at the time of such discard or rejection,
including, but not limited to, garbage, refuse, industrial and commercial
waste, sludges from water treatment facilities, rubbish, tires, ashes,
fuel and gaseous material containers, incinerator residue, construction
and demolition debris and offal. The term shall not include solid
or dissolved matter in domestic sewage or substances, materials in
noncontainerized gaseous form, or other such items or materials excluded
from the definition of solid waste pursuant to the regulations of
the State of New York, Department of Environmental Conservation.
Any facility within the Town distinguished as a depository, holding or transfer point for solid wastes, including but not limited to sanitary landfills, transfer stations, recycling facilities, construction and demolition debris landfills, materials recovery facilities that are or shall be designated as such by any law, rule or regulation of the Town. This term shall also include those dumps or dumping grounds or approved waste excavation material disposal sites referred to in Article I of this chapter.
The Town of Berne.
Uncontaminated earth, sand, dirt and soil.
Any one or more of the following: tree branches, tree trunks,
tree stumps, yard trimmings, leaves and garden waste.
A.
No land within the Town shall be used for the discharge,
charge, disposal, deposit or burial of rubbish, garbage or solid wastes
as defined in this chapter, unless the land is operated as a solid
waste facility or transfer station by or on behalf of the Town or
operated pursuant to a permit issued for said purposes by the Town
and operated in accordance with all applicable laws, rules and regulations
of the State of New York, County of Albany and Town.
B.
No person shall receive or accept for disposal or
deliver, dump, or offer for disposal any garbage, refuse or recyclable
material on any land or at any location, site or area in the Town
except:
Waste excavation material of any kind shall
not be discharged, disposed of, deposited or buried within the Town
unless said material is clean and uncontaminated.
A.
No person shall intentionally burn hazardous waste,
batteries, garbage, plastics or plastic-laminated materials, furniture,
bedding, asphalt materials, epoxy-resins including fiberglass, electrical
wiring, white and brown goods, tires, offal, packing foam, styrofoam,
cloth or magazines.
B.
No person shall throw, deposit or bury hazardous waste,
batteries, plastics or plastic-laminated materials, furniture, bedding,
epoxy-resins including fiberglass, white and brown goods, tires, packing
foam, styrofoam or magazines.
C.
No person shall throw or deposit any garbage, rubbish,
yard and garden waste or solid waste in or upon any street, highway,
walk, park, parking area or other public place within the Town, except
in public receptacles; provided that no items listed above shall at
any time be thrown or deposited in public receptacles unless such
receptacles are specifically designated and marked for the reception
of such materials.
D.
No person shall throw or deposit any garbage, rubbish,
yard and garden waste, solid waste or foreign matter of any kind whatsoever
in any pool, pond, river, lake, stream, culvert, reservoir, or its
tributaries or watershed, or any body of water in a park or elsewhere
within the Town. This provision shall not prohibit authorized treatment
of pools or bodies of water to control or regulate water purity or
aquatic vegetation by persons having all required permits issued by
state, county, Town or watershed authorities having jurisdiction over
such treatment.
This article shall not prohibit the establishment
or operation by the Town of solid waste facilities as the necessity
therefor may arise nor shall it prohibit the Town from authorizing,
for good cause shown, the discharge, disposal, deposit or burial of
waste excavation material at a particular site located within the
Town.
A.
A violation of this article is hereby declared to
be an offense punishable by a fine of not less than $50 or more than
$2,500, or imprisonment for up to 15 days, or both.
B.
Each day the violation continues shall be deemed a
separate and distinct violation.
C.
The Town may pursue any other action authorized by
law.
The provisions of this article shall not apply
to any department of the Town providing leaf and trash pickup or highway
maintenance within the Town.
Notwithstanding the provisions of this article, the Town Board may, upon good cause, grant permits for disposal of solid waste and/or the operation of a solid waste facility and/or authorizing the disposal of waste excavation material within the Town, on such terms and conditions which seem necessary or desirable to the Town Board, including, but not limited to, compliance with Articles II and/or III of this chapter, and also the posting of such security or liability insurance as the Town shall deem necessary.
