The Town Board of the Town, by enacting this
chapter, hereby declares its intent and purpose to be the protection
of the general health, safety and welfare of the residents of the
Town by providing a clean, wholesome and attractive environment within
the Town. The Town Board also recognizes the inherent dangers arising
from the unrestricted or unsafe generation, collection or disposal
of solid wastes or other dangerous, noxious, unhealthy and hazardous
substances. The Town Board hereby adopts the following requirements
concerning the collection, transportation, disposal and management
of solid waste within the Town.
A.
Only solid wastes generated and collected within the Town and which are not otherwise prohibited will be accepted at any solid waste facility within the Town or at any solid waste facility authorized pursuant to Article I of this chapter.
B.
The Town may contract with another municipality or
person to accept solid waste, and such waste may be accepted at a
solid waste facility within the Town in accordance with such a contract.
C.
All persons who collect, transport or dispose of solid
wastes in the Town must obtain a permit for such purposes from the
Town in addition to such other permits or approvals that may be required
by law, rule or regulation of the State of New York, County of Albany,
Town or other governmental entity.
D.
Any person discharging solid waste at any solid waste
facility within the Town shall possess a valid permit.
E.
Any person entering or utilizing a solid waste facility
shall adhere to the rules and regulations of said facility as well
as all other laws, ordinances, rules or regulations of the State of
New York, County of Albany, Town, or other governmental entity with
regard to the collection, transportation or disposal of solid waste,
and must follow the instructions of the Town Board.
F.
Resident access to any public solid waste facility
shall be limited to those times posted when authorized personnel are
on duty. Items may be left at the site only during the scheduled hours
of operation.[1]
G.
No person shall throw, dump, deposit or place in their
rubbish or garbage for collection, nor shall any person throw, dump,
deposit or place in any solid waste facility, any item or items designated
by the Town as recyclable material, except in accordance with this
chapter or the rules and regulations thereof.
H.
All vehicles collecting solid waste shall be properly and adequately equipped to contain and carry the materials collected without effluent therefrom spilling onto public streets, highways and other places in violation of Article 1, § 164-4 of this chapter.
I.
The Town Board may establish additional or further
rules, requirements and procedures concerning the collection, transportation
or disposal of solid waste within the Town.
Disposal of any of the following materials at
any solid waste facility within the Town is prohibited:
A.
Toxic, industrial or hazardous wastes, except household
hazardous waste.
B.
Dead animals and carcasses, including rendering products,
hides, fleshings and residues from meat processing.
C.
Motorized vehicles, trailers and equipment which are
not in a clean and dismantled state.
E.
Any other materials or waste, hazardous or not, which
the Town Board finds would require special handling and disposal.
Permits for the use of solid waste facilities
and/or for the collection, transportation or disposal of solid waste
within the Town must be obtained.
A.
Residents.
(1)
Permits allowing use of Town solid waste facilities
shall be obtained by providing written proof of residence or property
ownership within the Town. Such permits shall be valid for the disposal
of solid waste generated within the Town by the permit holder and
his/her immediate household.
(2)
Each applicant for a permit required by this article
shall make an application in writing on a form provided by the Town
to the Town Clerk. Attendants at the solid waste facility may deny
the use of said premises to any person failing to exhibit such permit
or proof of permit.
(3)
Any permit issued under this subsection shall become
void when the holder ceases to be a resident of the Town. A permit
is not transferable.
C.
Denial of application. Notwithstanding any other provision
of this article, a permit required by this article shall not be granted
where, in the opinion of the Town Board, the granting thereof will
cause or may be deemed likely to cause an undue burden on the disposal
facilities of such solid waste facility or may otherwise interfere
with the orderly operation and maintenance of the solid waste facility
or the health and safety of persons or property.
The Town Board may adopt a schedule of fees
for the disposal of designated portions of the solid waste stream.
The Town Board may:
A.
Establish the days and hours of operation of all facilities.
B.
Establish rules and regulations governing the operation,
maintenance and use of all solid waste facilities in the Town and
the collection, transportation or disposal of solid wastes within
the Town, and provide for enforcement of this article and the rules
and regulations thereunder.
C.
Suspend any permit pending a hearing for revocation pursuant to § 164-15. Said suspension shall not exceed a period of 30 days. A permit may be temporarily suspended in the event that the Town Board determines that the holder of said permit is in violation of this article and said violation constitutes, or may create, a danger to the aesthetics and environment of the Town or the health and safety of its inhabitants and its livestock and wildlife, or that a person is utilizing said permit for a purpose or in a manner that is inconsistent with this article or is allowing said permit to be utilized by a person other than the issuee of said permit.
A violation of this article or the rules and
regulations thereunder is hereby declared to be an offense.
A.
Residents and nonresidents.
(1)
A first violation shall be punishable by a fine of
not less than $50 or more than $100.
(2)
A second violation within three years shall be punishable
by a fine of not less than $100 or more than $500.
(3)
A third or subsequent violation within three years
shall be punishable by a fine of not less than $250 or more than $1,000
or by up to five days' imprisonment, or both.
B.
Commercial waste collectors.
(1)
A first violation shall be punishable by a fine of
not less than $100 or more than $250.
(2)
A second violation within five years shall be punishable
by a fine of not less than $250 or more than $1,000.
(3)
A third or subsequent violation within five years
shall be punishable by a fine of not less than $1,000 or more than
$2,500 or by up to five days' imprisonment, or both.
C.
Additional penalties.
(1)
At any time, after a hearing, the Town Board may suspend
or revoke any permit if the Town Board at such hearing determines
the holder of such permit to be a persistent violator or incapable
of or unwilling to comply with the provisions of this article or the
rules and regulations thereunder, or has intentionally or negligently
acted, or has acted and as a result has harmed, or created a risk
of harm, to the aesthetics and-environment of the Town or the health
and safety of its inhabitants and its livestock and wildlife, or has
utilized said permit in a manner inconsistent with this article or
has allowed said permit to be utilized by other than its issuee. The
permittee shall have an opportunity to be heard at such hearing, which
shall be held after such permittee shall be served by written notice
of such hearing in person or by certified mail, return receipt requested,
not less than 15 days prior to the date of such hearing.
(2)
The Town shall also have such other remedies as are
provided by law.
