[HISTORY: Adopted by the Town Board of the Town of Urbana 10-18-2016 by L.L. No. 6-2016. Amendments noted where applicable.]
The Town is the owner of a parcel of land identified as Tax Map No. 132.00-01-002.000 located in the Town ("property") which by use and operation the Town has dedicated to the disposal/discard of rubbish, lawn and garden clippings, solid waste and compost materials, by Town residents and Town real property taxpayers. The Town Board hereby finds that to foster the most beneficial use and operation of the property, it is desirable to establish a local law, rules and regulations to insure the orderly operation of the property and to prevent actions which are detrimental to the use of the property.
As used in this chapter, the following terms shall have the meanings indicated:
- ASBESTOS WASTE
- For the purpose of this chapter is friable solid waste that contains more than 1% asbestos by weight and can be crumbled, pulverized, or reduced to power when dry, by hand pressure. Asbestos waste also includes any asbestos-containing solid waste that is collected in a pollution control device designed to remove asbestos. Such waste is a hazardous waste.
- A mixture of decayed or decaying organic matter to be used as a fertilizer. Compost may include organic materials such as leaves; grass clippings, vegetable scraps, and similar plant-based matter and may be combined with manure. Compost shall not include meat scraps, bones, dairy products, oils, fats, and cat litter or dog feces.
- HAZARDOUS WASTES
- Includes those wastes which may cause serious injury or disease during their normal storage, collection and disposal cycle, and pose a substantial present or potential hazard to human health or the environment, including but not limited to flammable or explosive materials, including gasoline and paint cans, propane and butane bottles and cylinders, pathological and potentially infectious wastes, radioactive materials, poisons, acids and dangerous chemicals or combination of chemicals. Those items listed as hazardous wastes under rules and regulations of the New York State Department of Environmental Conservation and identified and listed by the U.S. Environmental Protection Agency, as said regulations now exist or are hereinafter amended, each of which are incorporated herein by reference. Any exemptions granted to any of the hazardous wastes as above indicated by either the New York State Environmental Conservation Laws, rules and regulations and policy or the Federal Resource Conservation and Recovery Act shall still be deemed a hazardous waste under this section and not exempted.
- Any individual, partnership of any kind, corporation of any kind, limited liability company, association, or joint venture.
- Anything putrescible or nonputrescible that is discarded other than items prohibited pursuant to § 62-3B herein below.
- Solid wastes, including but not limited to, combustible and noncombustible materials such as papers, cardboard, bottles, cans, discarded wood, bedding, household goods, furniture, power equipment, toys, bicycles, appliances or parts thereof and similar other materials.
- SOLID WASTE
- All putrescible and nonputrescible materials or substances (except as hereinafter stated) that are discarded or rejected as being spent, useless or worthless at the time of such discard or rejection, including but not limited to refuse, commercial waste, ashes, incinerator residue and construction and demolition debris.
- SPECIAL BULKY WASTES
- Includes blocks of masonry in excess of 100 pounds, trees (trunk sections) in excess of 10 inches in diameter (trees, logs and branches less than 10 inches in diameter shall not exceed eight feet in length).
- WHITE GOODS
- Shall be household mechanisms including, but not limited to, televisions, air conditioners, refrigerators, washers, dryers, stoves, furniture and other large household items.
No person except a Town resident, a Town real property taxpayer who shall be subject to the provisions set forth in Subsection B this section, or a person authorized in writing by a Town resident or a Town real property taxpayer, shall dispose of any solid waste or any other materials of any kind whatsoever at the property.
No person shall discard at the property any commercial waste, hazardous wastes, asbestos wastes, special bulky wastes, rubbish or white goods as those terms are defined herein, or any motor vehicle or parts thereof, tires, or castings/forgings of any kind.
Upon delivery and disposal/discard of any permitted solid waste to the property, the ownership of said solid waste shall vest in the Town with no person thereafter (except the Town) having any right, title or interest in and to the solid waste. Notwithstanding the foregoing and even though title passes to the Town, the person owning and/or hauling the solid waste shall be liable for the quality of said waste if it is in violation of this chapter or any other federal, state of other governmental agency.
Except as hereinafter authorized, once a person discards any materials at the property, no person, other than the Town or a person approved by the Town Supervisor, may remove from the property any such materials whether such materials were discarded by the person delivering the materials or by any other person. A Town resident, a Town real property taxpayer or a person authorized in writing by a Town resident or a Town real property taxpayer at any time when the property is open for business may remove compost/mulch and wood chips from the property for noncommercial use at no cost to the resident or taxpayer. In the course of removing the permitted materials, the Town resident, the Town taxpayer or any other authorized person, assumes all liability for personal and bodily injury and death to oneself and others.
The property shall be open for operation 24 hours each day, seven days a week. The Town Board, by resolution, may change the days and/or hours of operation. No person other than a person authorized by the Town Supervisor or a law enforcement officer in the course of performing his or her duties shall enter the property any time the property is closed for use. In addition to a violation of this chapter, any unauthorized entity shall constitute criminal trespass.
The Town Board may, from time to time by resolution, establish user fees for the use of the property.
Any failure of any person to comply with the provisions of this chapter shall be deemed a violation and the person shall be liable for a fine of not more than $250 or imprisonment not to exceed 15 days, or both. The Court may issue a warrant for a person's arrest in the same manner as in a misdemeanor case.
This chapter supersedes any prior local law, rule and regulation pertaining to the property and in the event any provision of this chapter conflicts with the provisions of any other local law, rule and regulation, the provisions of this chapter shall control.