[Ord. of 9-18-1979, § 1]
No unauthorized person shall deposit materials or use the City
transfer station without first obtaining permission for such use from
the Department of Public Works and without paying the fees prescribed
for such use.
[Ord. of 9-18-1979]
The City Administrator is authorized to prepare and utilize,
and amend from time to time, rules and regulations for the use of
the City transfer station and is authorized to promulgate, charge
and amend from time to time a schedule of fees for said use. The schedule
of fees to be adopted by the City Administrator, as the same may from
time to time be amended, shall at all times be set in an amount sufficient
to meet the costs of operation of the transfer station so that at
no time shall the operation of the transfer station be run at a deficit.
[Ord. of 4-6-2004, § 1]
For the purpose of this article, the following terms shall have
the meanings respectively ascribed:
Any substance so defined and in quantities so proscribed
by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6901
et seq.), the Toxic Substances Control Act (15 U.S.C. § 2601
et seq.) or Article 27 of the Environmental Conservation Law or any
rule or regulation promulgated under any of those laws. For the purpose
of this article, "hazardous waste" shall also include any nuclear
or radioactive waste as defined by either federal or state law, rule
or regulation.
A material, solid waste or a combination of materials or
solid wastes which, because of their quantity, concentration or physical,
chemical or infectious characteristics, may cause or significantly
contribute to an increase in mortality or an increase in serious irreversible
or incapacitating reversible illness; or pose a substantial present
or potential hazard to human health or the environment when improperly
treated, stored, transported or disposed of or otherwise managed.
Such materials or wastes shall include, but are not limited to, explosives,
hazardous radioactive materials, toxic substances and those substances
that the City Engineer has identified as a hazardous material or waste
pursuant to the above criteria and has included on a list of hazardous
waste promulgated by the City Engineer and posted at the City of Poughkeepsie
transfer station by the Department of Public Works.
[Ord. of 4-6-2004, § 1]
It shall be unlawful to dispose of, or attempt to dispose of,
at the City of Poughkeepsie transfer station any hazardous waste,
or hazardous material, as defined herein, or any substance, waste
or material designated illegal or unacceptable by the rules and regulations
for the operation of the transfer station, or by the transfer station's
operating permit or registration.
[Ord. of 4-6-2004, § 1]
(a)
Upon reasonable cause to believe that any person has disposed of
or attempted to dispose of hazardous waste or hazardous material at
the transfer station, the Commissioner shall forthwith notify the
enforcement sections of the Department of Environmental Conservation
and Environmental Protection Agency, the Chief of the City of Poughkeepsie
Police Department, the City Engineer and the Fire Chief. The Commissioner
shall take all necessary steps to initiate an investigation of the
matter.
(b)
Any person violating Section 9-53 shall, upon conviction, be subject to a fine of not more than $1,000 or imprisonment for a term not to exceed 15 days, or both, in City Court, or an administrative penalty recoverable in accordance with Section 9-11 of this chapter of $1,000, plus the total costs of remediation, including disposal, of the hazardous waste or hazardous material, compliance costs, and staff and professional fees incurred by the City in the remediation.
(c)
Any penalties levied and/or damages recovered under this article shall be in addition to any other remedies available under federal, state or local law and may include a provision to the effect that the violator pay the costs described in Subsection (b) to remediate the problem created by the aforesaid violation of improper disposal of hazardous waste material.
