[Adopted 4-25-1972 (Ch. 117, Art. II, of the 1985 Code)]
The disposal by dumping of garbage, rubbish,
waste, refuse, debris or any offensive material or of chemical, industrial,
flammable or cesspool waste or residue within the Village is hereby
declared to be detrimental to the public health and welfare and a
nuisance and is hereby prohibited, except as otherwise provided in
this article.
A.
No person shall accumulate, dispose of or dump garbage,
rubbish, waste, refuse, debris or any offensive material or chemical,
industrial, flammable or cesspool waste or residue on any land or
in any area within the Village except as otherwise provided in this
article.
B.
No land or area shall be maintained, operated or used within the Village as a dumping area for the materials mentioned in § 214-6 except as otherwise provided in this article.
C.
The continued maintenance, operation or use for accumulation,
dumping or disposal purposes regulated by this article, except as
otherwise provided in this article, of any land used as a dump or
dumping area on or prior to November 22, 1960, is hereby prohibited.
Any land, area or section of land used as a dump or disposal area
on or prior to November 22, 1960, shall be graded and leveled, and
all garbage, rubbish, waste, refuse, debris or any offensive material
or chemical, industrial, flammable or cesspool waste or residue dumped
therein shall be covered with at least 24 inches of clean earthfill
and shall at all times be kept so covered.
A.
The owner of real property within the Village or the
occupant thereof, with the consent in writing of the owner, may, for
the purpose of filling or grading such property, dump and dispose
on such property nonoffensive and nonputrescible material, fill, waste,
refuse and debris, provided that the same shall not contain any animal
or vegetable substance other than trees, brush or parts thereof, and
provided further that, with the exception of earth and stone or rock
fill, such material, waste, refuse or debris originated upon or was
the result of operations, business, commercial or industrial activity
carried on within such premises.
B.
Such material or substances shall be graded or leveled
and completely covered with a layer of good, clean earth at the end
of each thirty-day period after the commencement of such accumulation
or dumping process, in such a manner as not to permit the finished
elevation of such cover to extend above the top of the curbs of the
streets or highways adjacent to the premises involved or above the
mean elevation of the premises wherein the accumulation or dumping
of such material or substance shall be so conducted during each intervening
thirty-day period or so much thereof, as the operation may continue,
so that it will not have an injurious or detrimental effect on nearby
properties or the residents thereof.
Notwithstanding anything in this article to
the contrary, the Board of Commissioners may create and maintain a
Village dump, by resolution or ordinance, for the use of inhabitants
and businesses situated in the Village for the disposal of ashes,
garbage, rubbish, waste, refuse, debris and other materials. Such
Village dump may be situated on either public or private lands and
may be operated by the Board of Commissioners as a municipal facility
or may be authorized to be operated under contract with and under
the supervision of the Board of Commissioners.
The dumping of all ashes, garbage, rubbish,
waste, refuse, debris and other materials at the Village dump shall
be done in the place and manner directed by the person supervising
the operation of such dump. No explosive or dangerous substances,
no stumps of trees or logs of wood exceeding four feet in length or
10 inches in diameter, no large stones, pieces of broken concrete
or metal or other material, no wrecked or discarded motor vehicles,
machinery or parts thereof, no cumbersome material or substance of
any kind shall be deposited, emptied or dumped on the Village dump
or disposal area.
The Village dump shall not be used by any person
unless such person shall first have received a permit in writing from
the Board of Commissioners or its duly authorized representative for
the use thereof.