Town of Alden, NY Chapter 163 Dumping

[HISTORY: Adopted by the Town Board of the Town of Alden 9-21-1992 (Ch. 5A of the 1981 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Landfill management — See Ch. 228.

Illicit discharges, activities and connections — See Ch. 293, Art. I.

Stormwater management and erosion and sediment control — See Ch. 300.

§ 163-1 Dumping of materials outside landfills.

[Amended 12-3-2007 by L.L. No. 3-2007]

A. No person, firm, association or corporation shall dump, pump or deposit or permit to be dumped, pumped or deposited any garbage, rubbish, trash, decaying vegetable matter or organic waste of any kind, toxic or chemical wastes, radioactive materials or sewage treatment plant sludge or residue, building materials, construction and demolition material, rubble, house parts, tree limbs, roots or stumps, sand, gravel, rock or soil of any nature or discarded motor vehicles, trailers or parts therefrom on any lot or parcel of land within the Town of Alden, whether said land is vacant, improved or unimproved in nature, excepting those activities as follows:[1]

(1) Septic system for which an Erie County Health Department permit has been issued.

(2) Agricultural or horticultural activities which, where properly zoned, involve the regular and customary deposition of materials on the ground.

(3) Quarry operations and other aggregate activities properly zoned, which involve dumping and depositing materials as a regular and customary activity.

(4) Depositing of topsoil not materially altering existing grades and for landscape purposes.

(5) Depositing of dredged and excavated materials and fill by the Town of Alden Highway Department where the Highway Superintendent determines that the placement of said materials will not affect any stream, creek or drainage system or the floodway thereto.[2]

[2] Editor's Note: Original Subsections B, C and D, which established permit requirements and which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Enforcement. The Building Inspector of the Town of Alden is charged with enforcement of the provisions of this section.

C. The requirements of the Town of Alden "Law to Prohibit Illicit Discharges, Activities and Connections to Separate Storm Sewer System"[3] and the Town of Alden "Stormwater Management and Erosion and Sediment Control Law"[4] of the Alden Town Code must be followed. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive, or that imposing the higher standards, shall govern.[5]

[3] Editor's Note: See Ch. 293, Art. I, Illicit Discharges, Activities and Connections.

[4] Editor's Note: See Ch. 300, Stormwater Management and Erosion and Sediment Control.

[5] Editor's Note: Original § 5A-2 of the 1981 Code, Revocation of permit; hearing, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 163-2 Penalties for offenses.

A. A violation of this chapter is hereby declared to be a misdemeanor, punishable by a fine not exceeding $1,500 and/or imprisonment for not more than six months for each separate offense.

B. The Town shall also have the right to maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction any violations of the provisions of this chapter.