[HISTORY: Adopted by the Town Board of the
Town of Malta as indicated in article histories. Amendments noted
where applicable.]
[Adopted 9-2-1986 by L.L. No. 4-1986]
The purpose of this article is to protect the
public health, safety, welfare and morals by regulating the operation
within this Town of refuse disposal areas known as "solid waste disposal
facilities," "sanitary landfill sites," "refuse disposal areas" and
other such dump sites. Fire, odors, fumes and other noxious and/or
hazardous emissions are frequently emitted from such solid waste disposal
facilities, sanitary landfill sites, refuse disposal facilities, sanitary
landfill sites, refuse disposal areas and other such dump sites, all
of which create a potential public hazard and threat to the persons
and property of the inhabitants of this Town.
As used in this article, the following terms
shall have the meanings indicated:
To dump, deposit or throw away, including incineration for
energy production, by a person or by another with the consent or approval,
active or passive, of a person in a position to control or prevent
the same.
[Amended 9-2-1986 by Ord. No. 6-1986]
An individual, association, partnership or corporation (public,
stock or nonstock), or any combination thereof, and the agent or employee
thereof.
Any one or more of the following: garbage, trash, rubbish,
used or waste material of any kind or any other material or substance
intended to be disposed of.
[Amended 5-2-1989 by L.L. No. 2-1989]
No person shall receive or accept for disposal
or deliver, dump or offer for disposal any refuse originating inside
or outside of the Town of Malta on any land or at any location, site
or area in the Town of Malta, and no person shall operate any such
disposal area for refuse originating inside or outside the Town of
Malta.
[Amended 9-4-1990 by L.L. No. 1-1990]
A.
Any person violating any of the provisions of this
article shall be guilty of a misdemeanor and, upon conviction thereof,
be punished by a fine not exceeding $1,000 for each offense or by
imprisonment in the Saratoga County Jail for not more than six months,
or by both such fine and imprisonment. When a violation of this article
is continuous, each 24 hours thereof shall constitute a separate and
distinct offense. The Malta Town Board shall also have the power to
bring a civil action to restrain by injunction any violation of this
article in a court of competent jurisdiction.
B.
Should the Malta Town Board deem it necessary for
the protection of the health and well-being of the residents of the
Town of Malta, the Town Board or its duly authorized representatives
may enter upon the premises of any person or legal entity in violation
of this article for purposes of monitoring, cleanup and controlling,
in any way it deems necessary, the prohibited material located on
said premises. The expenses and costs associated with said monitoring,
cleanup and/or control shall be assessed against the offending person
or entity who owns or controls said premises and/or shall be assessed
against the real property, the subject of said monitoring, clean up
and/or control of prohibited material, and shall constitute a lien
and charge against said real property until fully completely discharged.
C.
Any person violating this article shall be subject
to a civil penalty enforceable and collectible by the Town in the
amount of $100 for each offense. Such penalties shall be collectible
by and in the name of the Town for each day that such violation shall
continue.[1]
[1]
Editor's Note: Original Section II of L.L.
No. 6-1986, adopted 9-2-1986, which dealt with submissions required
from an applicant, which amended this chapter, was repealed 5-1-1995
by L.L. No. 2-1995.
