[HISTORY: Adopted by the Town Board of the Town of Moreau 12-14-2004
by L.L. No. 5-2004.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was adopted as Ch. 91A.
It is the purpose and intent of the Town of Moreau to protect and preserve
the health, safety and welfare of the residents of the Town of Moreau and
to protect and preserve the abundant natural resources of the Town and the
value, use and enjoyment of real property in the Town of Moreau by prohibiting
the disposal of or processing of prohibited waste in the Town of Moreau as
that term is defined herein.
As used in this chapter, the following terms shall have the meanings
indicated:
Any waste or waste material not originating within the boundaries of the Town of Moreau and generated by or from sources or locations outside the boundaries of the Town of Moreau, irrespective of whether the waste material is located or deposited in the Town of Moreau, and defined as toxic, ignitable, reactive, hazardous or corrosive by the United States Environmental Protection Agency and/or the New York State Department of Environmental Conservation, including any commercial or industrial waste as those terms are defined in § 91-2 of Article I of Chapter 91 of the Town of Moreau Code (hereinafter "commercial or industrial waste"). The definition of prohibited waste includes polychlorinated biphenyls and trichloroethylene, and includes materials which may contain petroleum or oil, as well as any dredge or excavated material removed from the Hudson River. The definition of prohibited waste also includes any medical waste and regulated medical waste as that term is defined in Title 6, Part 360 of the Official Compilation of Codes, Rules and Regulations.
A.
It shall be unlawful for any person, firm, corporation
or entity, including any governmental entity or agency, to dispose of, cause
to be disposed of, or process for disposal, including by means of a dewatering
facility, within the boundaries of the Town of Moreau, any prohibited waste.
B.
It shall be unlawful for any person, firm, corporation,
or entity, including any governmental entity or agency, to dispose of or cause
to be disposed of within the boundaries of the Town of Moreau any commercial
or industrial waste.
It shall not be unlawful for any person, firm, corporation, or entity,
including any governmental entity or agency, to dispose of, cause to be disposed
of or process prohibited waste or commercial or industrial waste in the Town
of Moreau in the following limited circumstances: when the person, firm, corporation
or entity, including governmental entity or agency, has, lawfully in existence
and in operation as of the date of the enactment of this chapter, operating
procedures for a specific site or location within the Town of Moreau which
provide for the disposal or processing of prohibited waste or commercial or
industrial waste; provided, however, that such person, firm, corporation,
entity, including governmental entity or agency, has been lawfully disposing
of or processing prohibited waste or commercial or industrial waste for the
specific site or location prior to the date of the enactment of this local
law. This exception does not apply to any sites or locations within the M-1
Zone in the Town of Moreau where prohibited waste or commercial or industrial
waste has been or may have been disposed of, deposited or stored, and irrespective
of whether the disposal, depositing or storage of prohibited waste or commercial
or industrial waste has been previously approved or permitted by any government
agency.
A violation of this article shall constitute a misdemeanor and be subject
to a fine not exceeding $10,000 for each such offense, plus costs, or imprisonment
for a period not exceeding 60 days, or both. Each day in which the violation(s)
continues shall be considered a separate offense.
Any section, paragraph, subdivision or provision of this article that
shall be determined by a court of law as invalid or unconstitutional shall
not impair the validity of other sections, paragraphs, subdivisions or provisions
of this local law as a whole to the extent that the same shall be considered
applicable and effective, and only such part so decided to be invalid or unconstitutional
shall be considered ineffective.
This local law is intended to be immediately effective or as permitted
by law.
