As used in this article, the following terms
shall have the meanings indicated:
Any refuse from animal and vegetable matter and foodstuff
after it has been used as food; refuse from kitchens, markets, houses
or stores; floor sweepings; table wastes or animal or vegetable matter;
vegetables; meats; fish; bones; and all offal and organic waste substance.
One or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, societies, clubs,
fraternal orders and all other entities of any kind capable of being
sued.
Combustible trash, including but not limited to paper, cartons,
boxes, barrels, wood, tree branches, stumps, yard trimmings, wood
furniture and bedding; noncombustible trash, including but not limited
to metal, tin cans, metal furniture, small quantities of rock and
pieces of concrete, glass, crockery and other metal fixtures; and
street rubbish, including but not limited to street sweepings, leaves
and catch basin dirt.
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 air or water treatment facilities, rubbish, tires,
ashes, contained gaseous material, incinerator residue, construction
and demolition debris, discarded automobiles and offal. The term shall
not include domestic sewage and other highly diluted water-carried
materials or substance and those in gaseous form or such other items
or materials excluded from the definition of "solid waste" pursuant
to the regulations of the State of New York, Department of Environmental
Conservation. The provisions of this article shall also not apply
to any "source-separated organics/food scraps," as defined by this
article, that are accepted for composting at any Town-owned or -operated
facility.
[Amended 12-8-2021 by L.L. No. 2-2021]
Source-separated organics, commonly referred to as "food
scraps," means organic material that has been separated at the point
of generation, including, but not limited to, food scraps, food processing
waste, soiled or unrecyclable paper, and yard trimmings. Source-separated
organics do not include animal mortalities, biosolids, sludge, or
septage. For purposes of this article, source-separated organics will
only include those organic materials deemed acceptable for composting
by the Recycling and Composting Department Head.
[Added 12-8-2021 by L.L. No. 2-2021]
Includes earth, sand, dirt and soil but shall not include construction and demolition debris as that term is defined in § 97-10 of this chapter.
No land within the Town of Bethlehem shall be
used for the discharge, disposal, deposit or burial of rubbish, garbage
or solid wastes, as defined in this chapter, unless operated as a
public dump by or on behalf of the Town of Bethlehem or operated pursuant
to a permit issued for said purpose by the Town of Bethlehem and operated
in accordance with all applicable laws, rules and regulations of the
State of New York, County of Albany and Town of Bethlehem.
[Amended 11-14-2007 by L.L. No. 7-2007]
Waste excavation material of any kind shall not be discharged, disposed of, deposited or buried within the Town of Bethlehem unless said material is clean and uncontaminated by any hazardous or toxic substance and does not include solid waste or construction and demolition materials or debris. The discharge, disposal, depositing or burial of such waste excavation material within the Town shall require a permit and be performed in accordance with Chapter 98 of the Code of the Town of Bethlehem.
No person shall throw, bury, deposit, discharge
or cause to be thrown or deposited any garbage, rubbish, waste excavation
material or solid waste in, upon or under any land, including any
public highway, in the Town of Bethlehem other than at a public dump
or dumping ground established, permitted and operated pursuant to
this chapter.
This article shall not prohibit the establishment
or operation by the Town Board of public dumps or dumping grounds
as the necessity therefor may arise, nor shall it prohibit the Town
of Bethlehem 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.
The Town Building Inspector shall be responsible for
the enforcement of this article and all rules and regulations issued
thereunder. A violation of this article is hereby declared to be an
offense punishable by a fine not exceeding $350 or by imprisonment
for a period not to exceed six months, or both, for conviction of
a first offense; for conviction of a second offense, both of which
were committed within a period of five years, punishable by a fine
of not less than $350 nor more than $700 or imprisonment for a period
not to exceed six months, or both; and, upon conviction of a third
or subsequent offense, all of which were committed within a period
of five years, punishable by a fine of not less than $700 nor more
than $1,000 or by imprisonment for a period not to exceed six months,
or both. Each day's continued violation shall constitute a separate,
additional violation.
B.
Additional penalties.
(1)
In addition to the penalties above provided, after
a hearing the Town Supervisor may revoke any permit issued pursuant
to this article if the Town Supervisor at such hearing determined
that the holder of such permit is a persistent violator or incapable
of or unwilling to comply with the provisions of this article 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 or safety of its inhabitants 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 registered 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.
The provisions of this article shall not apply
to any department of the Town of Bethlehem providing leaf and trash
pickup within the Town.
[Amended 11-14-2007 by L.L. No. 7-2007]
Notwithstanding the provisions of this article, the Town Board may, upon good cause shown, grant permits for dumping and/or the operation of a public dump or dumping within the Town on such terms and conditions as to the Town Board seem necessary or desirable, 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.
