As used in this chapter, the following terms shall have the meanings
indicated:
COMMERCIAL HAULERS
Includes any person engaged in the collection of garbage or rubbish,
other than that generated from such person's own residence. As used in
this chapter, a "commercial hauler" shall include a person collecting commercial
garbage or rubbish, whether generated by said person or another, as well as
a person collecting residential garbage or rubbish for a fee, whether directly
or indirectly paid. Excluded from this definition shall be any individual
who collects residential garbage or rubbish for a family member or neighbor
in the course of delivering said individual's own garbage or rubbish
to the subject sanitary landfill site and other persons engaged in the renovation,
construction, reconstruction or cleanup of a structure.
[Added 2-15-1989 by L.L. No. 1-1989]
GARBAGE
Includes waste food, papers, dead animals or parts thereof and all
waste or discarded wood, lumber or vegetable matter of any kind or any other
matter which shall be flammable or capable of fermentation or decay.
PERSON
Includes an individual, society, club, firm, partnership, corporation
or association of persons, and the singular number shall include the plural
number.
RUBBISH
Includes waste metal, tin cans, ashes, cinders, glass, pottery and
all discarded substances of a solid and incombustible nature.
SITES
A.
The sites currently owned and operated by the Town of Plattekill and
such future sites owned or operated by the Town of Plattekill.
B.
Any approved site, duly licensed in accordance with this chapter.
No person shall carry or leave or cause to be carried or left upon the premises mentioned in the definition of "sites" in §
63-2 or any site approved and licensed by the Town of Plattekill any automobile, vehicle, machine, appliance or other article or any part thereof, unless the same shall have been dismantled and the body thereof so cut and flattened out so as to permit the same to occupy a minimum of space. Nothing herein contained, however, shall prevent the leaving of such vehicles or other articles on the premises under an arrangement with the caretaker thereof by which such caretaker is to dismantle and properly break up and dispose of the same.
No person shall carry or leave or cause to be carried or left upon any
state-approved landfill site or any other approved site any garbage, as herein
defined, or any materials, chemical waste, hazardous waste or offal of any
kind which shall give off any offensive odor, either when left upon premises
or thereafter, or which creates or may thereafter create a nuisance of any
kind or which shall be or may become dangerous to human or animal life.
[Amended 5-20-1987 by L.L. No. 4-1987; 2-15-1989
by L.L. No. 1-1989]
A. No person may operate a site without first obtaining a license for that site. Any person who is engaged in the business of accumulating, depositing, storing or managing garbage, rubbish or other waste materials, as defined in §
63-2 herein, or any person who, in fact, accumulates, deposits, stores or manages garbage, rubbish or other waste materials shall, before accumulating, depositing or accepting for deposit, storage or management any of said materials in the Town of Plattekill dumping area or on any other property, public or private, in the Town of Plattekill, procure a license from the Town Clerk of the Town of Plattekill to accumulate, deposit, store or manage such waste materials.
B. Every person applying for such license shall pay to the
Town Clerk a fee as established from time to time by resolution of the Town
Board.
C. Any such license shall expire on the 31st day of December
following its issuance.
D. No license may be granted except upon proof that the
designated site for accumulation, deposit, storage or management has fully
complied with all applicable state and federal laws, rules and regulations,
including but not limited to the New York Environmental Conservation Law and
the applicable regulations thereunder.
E. Moreover, no such license will be granted to any person
unless he first posts a bond or other financial security in the minimum sum
of $10,000,000 to constitute a fund for reclamation and compensation for damages
resulting from the use of said license. The amount and term of the bond or
other financial security to be obtained shall be negotiated based upon the
size of the operation, type of soil, condition, type of materials to be deposited
and such other relevant criteria as the Board may determine. Said bond or
financial security shall provide extended coverage during site operations
and for a minimum period of 20 years after the closing of the landfill site
or other cessation of business thereon. The Town Board shall reserve the right
to accept or reject any bond or financial security which it deems does not
provide proper protection to the town. The Town Board may, by unanimous vote,
alter or dispense with this requirement for financial security only when the
Town Board determines, after public hearing, that such action is necessary
for the protection of the health and safety of the citizens of the Town of
Plattekill.
No licensee shall accumulate, deposit, store or manage any garbage,
rubbish or waste materials of any kind which originate outside the bounds
of the Town of Plattekill in or on any property, public or private, in the
Town of Plattekill, except insofar as is permitted by law.
The Law Enforcement Officer or his official designees shall have access,
at all times, to enter on and inspect any licensed landfill site.
No burning by any person or persons using a dumping area described in the definition of "sites" in §
63-2 shall be permitted, except by officials of the town charged with the care and maintenance of said approved site.
[Added 2-15-1989 by L.L. No. 1-1989]
A. No commercial hauler shall operate or conduct such business
within the Town of Plattekill without first obtaining a commercial hauler's
license.
B. Every person applying for such commercial hauler's
license shall apply for such license from the Town Clerk. Such license shall
be granted upon payment of such fee as established from time to time by resolution
of the Town Board of the Town of Plattekill.
C. Any license granted shall be valid from the date of issuance
to December 31 of the same year, unless earlier revoked.
D. No license shall be issued to a commercial hauler by
the Town Clerk without satisfactory proof being provided showing the applicant
to have a valid Department of Health permit, if and when required, as well
as any other federal, state, county or regional permits or licenses required
of commercial haulers.
Any and all vehicles used for the collection and transportation of garbage,
rubbish, chemical or hazardous waste and other articles while traveling on
the public highways of the Town of Plattekill shall be construed and covered
so as to prevent any of the materials thereon from falling on the road or
blowing from said vehicles.
No person shall throw or deposit or cause to be thrown or deposited
any garbage, rubbish, abandoned vehicles or parts thereof, chemical or hazardous
waste or other waste in or upon any public highway, street or place or in
or upon any private property within the Town of Plattekill, including his
own, except in those sites officially designated for said purposes herein
that have fully complied with all applicable local, state and federal laws,
rules and regulations, including but not limited to the New York Environmental
Conservation Law and the applicable rules and regulations thereunder.
[Amended 5-20-1987 by L.L. No. 4-1987]
A. Any person violating any of the provisions of this chapter
shall be guilty of a violation and, upon conviction thereof, shall be punishable
by a fine not exceeding $250 for each offense or imprisonment not exceeding
15 days, or both such fine and imprisonment.
B. Any person who shall or whose servants, agents, employees
or officers shall be convicted of a violation hereof may have his license
revoked by resolution of the Town Board.