Town of Hyde Park, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Hyde Park 2-2-1959. Amendments noted where applicable.]
GENERAL REFERENCES
Dumping — See Ch. 48.
The purpose of these regulations shall be to provide the necessary rules, standards and procedure for the disposal of refuse in the Town of Hyde Park, New York, in order to promote the public health, safety and general welfare of the municipality.
For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them in this section:
CONTRACTOR
Any private refuse collector as may be duly authorized by permits issued by the Town Board of Hyde Park to supply the service of refuse collection and disposal within the Town.
PERSON
Any institution, public or private corporation, individual, partnership or other entity.
PREMISES
Land, buildings or other structures, vehicles or parts thereof.
REFUSE
All solid wastes of a community, including garbage, ashes, rubbish, market and industrial wastes, but not including body wastes.
A. 
The owner or his agent or the occupant of any premises within the Town of Hyde Park, New York, shall be responsible for the sanitary condition of the premises occupied by him, and it shall be unlawful for any person to place, collect, deposit or allow to be placed or deposited on his premises any refuse, except as designated by the terms of this chapter.
B. 
Any person responsible for refuse not acceptable for collection by a contractor shall make arrangements for the collection and disposal of such refuse with a refuse collector who can provide this service within the provisions of this chapter.
It shall be unlawful for any person to carry on or conduct the service of refuse collection and disposal within the Town of Hyde Park unless such person shall first obtain a license or permit therefor, which license or permit shall be issued by the Town Clerk only upon the approval of the Town Board after proper application therefor and payment of the required fee by such person.
A. 
Whenever the Town Board of the Town of Hyde Park, New York, determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, the Board shall give notice of such alleged violation by ordinary mail to the person or persons responsible therefor as hereinafter provided. Such notice shall:
(1) 
Be put in writing, including a statement of the reason why it is being issued.
(2) 
Allow a time, not to exceed 10 days, to be fixed by said Board for the performance of any act it requires.
B. 
Upon noncompliance therewith, the Board may suspend or revoke any permit or license which may have been issued to such person, said revocation or suspension to be in addition to any other fine or penalty which may be imposed under this chapter.
Hereinafter the effective date of this chapter, it shall be unlawful in the Town of Hyde Park, New York, to dispose of refuse in any other site than the refuse disposal site or sites approved by the Town Board.
[Amended 5-15-1968]
A. 
The site shall be maintained in a safe and sanitary manner at all times in accordance with the New York State and Dutchess County Health Departments and the Town of Hyde Park regulations.
B. 
A representative of the Town Board of the Town of Hyde Park or its appointee shall be empowered to inspect and supervise at all times. The frequency of such inspection reports will be designated by the Town Board of Hyde Park.
A. 
Refuse acceptable for collection shall be as follows:
(1) 
Garbage. Animal and vegetable wastes resulting from the handling, preparation, cooking and/or consumption of foods.
(2) 
Ashes. The residue from the burning of wood, coal, coke or other combustible materials.
(3) 
Rubbish. Nondecomposable solid wastes, consisting of paper, cardboard, tin cans, glass, crockery, metals and similar materials.
B. 
Refuse requiring special provisions for removal and disposition shall be as follows:
(1) 
Dangerous materials or substances, such as poisons, acids, caustics, infected materials and explosives.
(2) 
Materials which have not been prepared for collection in accordance with these regulations or which may constitute a health or safety hazard.
(3) 
Solid wastes resulting from industrial processes.
C. 
Storage of refuse for collection.
(1) 
Garbage shall be drained and stored in durable, rust-resisting, nonabsorbent, watertight and easily washable containers, which shall have close-fitting covers and adequate handles to facilitate collection and which shall be of not more than 20 gallons in capacity.
(2) 
Ashes shall be stored in fire-resistant containers with close-fitting covers. Such containers shall be not greater than 20 gallons in capacity.
(3) 
Rubbish shall be stored in durable containers with close-fitting covers, except that bulk rubbish may be bundled so as not to exceed four feet in length nor 50 pounds in weight.
(4) 
Ashes containing hot embers shall not be placed in containers for collection.
(5) 
It shall be unlawful to permit refuse to accumulate on any premises in any other manner than as provided in Subsection C(1) through (3) of this section.
D. 
Frequency of collection.
(1) 
All household refuse shall be collected at least once weekly in high density population areas.
(2) 
All institutional, business and industrial refuse shall be collected at least twice weekly.
E. 
Equipment for collection of refuse.
(1) 
All contractor's vehicles used for the collection or disposal of refuse shall have enclosed bodies or suitable provision for the covering of the body to prevent littering.
(2) 
Vehicles used for the collection or disposal of garbage or refuse containing garbage shall have metal bodies of easily cleanable construction, shall be cleaned at sufficient frequency to prevent nuisance or insect breeding and shall be maintained in good repair.
All disposal of refuse shall be by a method or methods in accordance with requirements of state and local law and shall include the maximum practicable rodent, insect and nuisance control at the place of disposal. The Sanitary Landfill Method, as hereinafter described, shall be used.
A. 
Sanitary landfill means the controlled process of disposing of refuse. Refuse is deposited, compacted thoroughly in layers and all exposed surfaces are completely covered with at least six inches of earth, with a final cover of 24 inches of earth, having such composition that it will support equipment and not shrink and crack open when dry. Suitable equipment is required to perform the necessary digging, compacting and covering.
B. 
The site should be at least 1,000 feet from the nearest habitation, but prevailing winds and topography may affect the location.
C. 
Sanitary landfills shall be designed, operated and maintained so that:
(1) 
Refuse is compacted into layers of approximately 1/4 of the original refuse volume, taking into consideration compaction which may occur in special types of collecting trucks or vehicles.
(2) 
Bulky waste material which might furnish rat harborage may not be used for final surface or side slopes but must be placed completely within the fill.
(3) 
All exposed surfaces, including the face of the fill, are covered with at least six inches of earth at the end of each period of operation.
(4) 
The final earth covering shall consist of compacted earth depths of not less than 24 inches.
(5) 
Cracks, depressions and erosion of earth covering shall be promptly repaired.
(6) 
Surface water is properly drained or treated with effective chemicals so as to prevent mosquito production and odors.
(7) 
Suitable measures shall be taken to prevent the scattering of light-weight materials, dust control and otherwise preventing local nuisance or the breeding or harborage of rodents or insects in or on the site.
(8) 
Adequate equipment for digging, compacting and covering is to be provided as needed.
(9) 
Scavenger wastes shall not be deposited in sanitary landfills, unless specifically approved, and such material is completely buried under competent supervision immediately after depositing.
(10) 
Such operations are conducted fully in conformity with rules and regulations adopted for the protection of any source of public water supply.
(11) 
No material shall be permitted to burn after placement in the fill and that burning of refuse be restricted to readily combustible materials burned during such periods of daylight hours as will permit such burning without creating any nuisance on adjacent properties, and such residue after burning shall be disposed of by incorporation into the sanitary fill.
(12) 
No scavenging shall be permitted, except under a special permit, for the removal of such wastes. Any material removed from the disposal site shall be so processed, treated or changed as to render it unusable for reuse by humans without suitable cleansing and disinfection.
Any person who shall violate any provision of these regulations, upon conviction, shall be punished by a fine of not more than $250 or by imprisonment for a term not exceeding 15 days, or both, and each day's failure to comply with such provisions shall constitute a separate violation.
[1]
Editor's Note: Amended during codification; See Ch. 1, General Provisions, Art. II.