[HISTORY: Adopted by the Town Board of the Town of Johnstown 1-19-1981 by L.L. No. 1-1981. Amendments noted where applicable.]
A. 
The Town of Johnstown finds that industrial waste disposal and recycling facilities and sanitary landfills are by their very nature potentially dangerous to both the town citizenry and their surrounding natural environment. The contamination of groundwater tables, nearby creeks and streams and the pollution of the air are very real threats which are posed by such operations.
B. 
It is the duty and intent of the Town Board to protect the inhabitants of the Town of Johnstown through an exercise of its police powers by regulating waste disposal and recycling operations and sanitary landfills and by requiring maximum utilization of safety and health factors to ensure the continued well-being of the town citizenry.
This chapter shall apply to all territory within the confines of the Town of Johnstown.
Unless the context shall otherwise require, the terms and words used in this chapter shall have the same meaning as those defined in Article 27 of the Environmental Conservation Law and Parts 360 and 364 of Title 6 of the New York Codes, Rules and Regulations (6 NYCRR).
Any person who designs, constructs, maintains or operates any solid waste management facility shall do so in conformance with the requirements of this chapter, the relevant sections of Article 27 of the New York State Environmental Conservation Law and 6 NYCRR Parts 360 and 364, as amended, which are incorporated by reference into this chapter and shall have the same effect as if fully set forth herein.
No person being the owner, driver, helper, manager or operator of any truck or other vehicle used in the collection or transportation of solid waste shall allow any of said material on said vehicle to become dislodged or to fall or blow from such vehicle upon any of the streets, highways, sidewalks or public places in the town, or upon any property in the town, whether real or personal, public or private. Solid waste must be appropriately covered or confined in the vehicle transporting the waste to prevent blowing papers and litter or other spillage.
All solid waste management facilities must be operated in such a manner as not to impede traffic flow on any adjoining public highway, and the intensity of such operations shall be such that traffic to and from the facility will not be hazardous or conflict with the normal traffic in the neighborhood.
Any solid waste management facility which violates any provision of this chapter is hereby declared to be a public nuisance.
Every solid waste management facility shall be subject to periodic inspections by officials of the Town of Johnstown, their agents or employees without notice. The owner and operator of each such facility shall allow outside inspection thereof upon demand by any such duly authorized representative of the town.
A. 
Any person who violates any provision of this chapter shall be guilty of a Class A misdemeanor and shall be punished by such fine or imprisonment, or both, as shall be provided by the New York State Penal Law. Each day of continued violation shall be deemed a separate violation of this chapter.
B. 
This chapter may be enforced by any person authorized by the Town Board, by resolution, or by the Zoning Officer of the town. Any enforcement officer is authorized to issue an appearance ticket, an information, a misdemeanor complaint or any other appropriate accusatory instrument, in the manner provided by the Criminal Procedure Law of the State of New York or by any pertinent ordinances or local laws of the town, to the owner or operator of the solid waste management facility as well as to any other person who is violating the provisions of this chapter.
C. 
Nothing in this chapter shall be deemed to impair or diminish any cause of action or remedy which the town may have under any other local law, statute, ordinance or regulation or under the common law; provided, however, that in the case of a conflict, those terms or rules of law shall control which are more restrictive upon the solid waste management facility. In addition thereto, the town may enforce this chapter by court injunction.
Any person adjudged in a criminal or civil proceeding to have violated this chapter shall be liable to the town for all expenses incurred by the town in connection with the proceeding, including the reasonable attorney's fees of the town in connection therewith.