[HISTORY: Adopted by the Board of Health of the Town of Deerfield
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 102.
[Adopted 3-15-1961]
A.
GARBAGE
PERSON
RUBBISH and REFUSE
As used in this article, the following terms shall have
the meanings indicated:
Includes waste food, dead bodies, dead animals or parts thereof and
all wastepapers, all waste or discarded wood, lumber, vegetable matter of
any kind or any other matter which shall be inflammable or capable of fermentation.
Includes an individual, society, club, association, corporation,
firm or partnership.
Includes waste material, tin cans, tinware, ashes, cinders, glass,
pottery and all discarded substances of a solid and incombustible nature and
papers.
B.
Word usage. The singular shall include the plural.
The area abutting the west side of Lee Road, in Deerfield, belonging
to the Town of Deerfield, marked by a sunken or depressed railroad bed, including
the same and extending northerly from said Lee Road and westerly from said
railroad bed, and now being used as a public dump, and so marked and signed
by a large sign, entitled: PUBLIC DUMP OF DEERFIELD, which area contains six
acres; see taking by the Town of Deerfield, recorded in book 945, page 490,
Registry of Deeds of Franklin County, 5, April, 1950, from the New York, New
Haven and Hartford Railroad, which was the then owner of said land, so taken;
and heretofore set aside and maintained as a dumping area for the use of the
residents of Deerfield, is hereby designated as a public dumping ground and
public dumping area for the residents of the Town of Deerfield.
From and after the effective date of this article, it shall be unlawful
to dump or to dispose or to accumulate any refuse, rubbish, debris, detritus,
garbage, ashes, offal, decaying animal or vegetable substances or other spoiled
matter or other waste materials, or gravel, sand, earth sod, manure, offal
compost, trees, stumps, logs, boulders, concrete, brush or other material
as a discarded or spoiled or used as abandoned nature or kind, whatsoever
in any section, sections, area or areas of the Town of Deerfield, other than
in the area above hereby designated, or in areas, hereafter designated as
public dumping areas or grounds of the residents of the Town of Deerfield;
and the dumping or the depositing or the accumulating of any refuse, rubbish,
garbage, ashes, offal, decaying animals or vegetable substances or other spoiled
matter or other waste and discarded materials, other than in the above designated
area or in areas hereafter so designated, as public dumping grounds or areas
is hereby prohibited. No person, corporation or agent or servant thereof shall
hereafter establish, maintain or permit any other dump or dumping area for
decaying animal and vegetable substances or other spoiled matter, debris,
detritus or other waste or discarded material of any nature whatsoever, or
dump or dispose of or accumulate any refuse, rubbish, garbage, ashes, offal,
decaying animal or vegetable substances or other spoiled matter, debris, detritus
or other waste or discarded materials, in any section or area of this Town,
other than in the area above designated as a public, municipal dumping area
for the residents of the Town of Deerfield, or hereafter so designated as
public dumping areas for the residents of the Town of Deerfield.
No person being a nonresident of Deerfield shall throw, dump or deposit,
or cause or permit to be thrown, dumped or deposited in any part of the Town
of Deerfield, garbage, rubbish, offal, debris, waste or discarded material
and substances, refuse, ashes, debris, detritus, logs, trees, stumps, boulders,
concrete, brush, sod, gravel, earth and compost, or any other kind of waste
or discarded material of any kind or nature whatsoever, including tin cans,
tin ware or abandoned vehicles or their parts, from any source whatsoever,
originating outside the Town of Deerfield; and no person shall permit such
dumping, throwing or accumulating or depositing thereof upon property owned,
leased or controlled by such person.
All said debris and waste materials mentioned in § 219-3 above shall be dumped or deposited or pushed over the edge or rim of the sunken or depressed bed of the public dumping ground above designated if it is practicable so to do; or, in any event, such articles and waste material shall be deposited or dumped at or as near the edge or rim of said sunken or depressed bed of said public dump as is feasible, and not strewn or scattered along the driving or level area or surface of the said dumping grounds. The Board of Health may cause any strewn or scattered litter, so deposited or dumped by any person, to be removed from said driving area or surface of said dumping place, at the expense of the person liable for such litter, and such expense, not exceeding the penalty, may be recovered from such person, in an action of contract by the Town of Deerfield.
The use or the maintenance of any area for the dumping or for the disposing
or for the accumulating of refuse, rubbish, garbage, ashes, offal, decaying
or other discarded vegetable, animal or mineral matters or other spoiled matter
or substances, debris, detritus or other waste materials, other than as designated
and permitted as above, is hereby deemed and declared to be and to constitute
a public nuisance, detrimental and deleterious to the public health and property
and interest.
Any violation of any provision of this article shall be punishable by the imposition of a penalty not to exceed the sum and amount of $20, in the discretion of the court before whom any person, corporation, association, agent or servant thereof may be convicted of said violation, and, in addition, the Town of Deerfield may constitute and may maintain a suit in equity or other proceeding in a court of competent jurisdiction to enforce compliance with or to restrain by injunctive process, any violation, or threatened violation, of this article, pursuant to Chapter 3 of the General Laws, or in equity, otherwise.
It shall be unlawful to constitute a public nuisance for any person,
firm or corporation, or servant or agent of the same, without being specially
authorized, in writing, by the Board of Health, or of one of its members in
behalf of the Board, to pick over, to appropriate or to carry away any of
the contents of said dump. A violation of this provision shall be subject
to the penalty of a fine not to exceed $20, as provided by law.
[Adopted 8-22-1981]
In order to protect the public health, safety and welfare, no land within
this municipality may be used for disposal, burial or incineration of nuclear
wastes, including but not limited to the following specific types of wastes:
[Added 6-7-1988]
All demolition, building and remodeling materials and pallets will no
longer be allowed in the Deerfield landfill.
