[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:
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.
Any institution, public or private corporation, individual, partnership
or other entity.
Land, buildings or other structures, vehicles or parts thereof.
All solid wastes of a community, including garbage, ashes, rubbish,
market and industrial wastes, but not including body wastes.
A.Â
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.Â
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.Â
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:
B.Â
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.Â
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.Â
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.Â
Refuse acceptable for collection shall be as follows:
(1)Â
Garbage. Animal and vegetable wastes resulting from the
handling, preparation, cooking and/or consumption of foods.
(2)Â
Ashes. The residue from the burning of wood, coal, coke
or other combustible materials.
(3)Â
Rubbish. Nondecomposable solid wastes, consisting of
paper, cardboard, tin cans, glass, crockery, metals and similar materials.
B.Â
Refuse requiring special provisions for removal and disposition
shall be as follows:
(1)Â
Dangerous materials or substances, such as poisons, acids,
caustics, infected materials and explosives.
(2)Â
Materials which have not been prepared for collection
in accordance with these regulations or which may constitute a health or safety
hazard.
(3)Â
Solid wastes resulting from industrial processes.
C.Â
Storage of refuse for collection.
(1)Â
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)Â
Ashes shall be stored in fire-resistant containers with
close-fitting covers. Such containers shall be not greater than 20 gallons
in capacity.
(3)Â
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)Â
Ashes containing hot embers shall not be placed in containers
for collection.
E.Â
Equipment for collection of refuse.
(1)Â
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)Â
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.Â
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.Â
The site should be at least 1,000 feet from the nearest
habitation, but prevailing winds and topography may affect the location.
C.Â
Sanitary landfills shall be designed, operated and maintained
so that:
(1)Â
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)Â
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)Â
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)Â
The final earth covering shall consist of compacted earth
depths of not less than 24 inches.
(5)Â
Cracks, depressions and erosion of earth covering shall
be promptly repaired.
(6)Â
Surface water is properly drained or treated with effective
chemicals so as to prevent mosquito production and odors.
(7)Â
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)Â
Adequate equipment for digging, compacting and covering
is to be provided as needed.
(9)Â
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)Â
Such operations are conducted fully in conformity with
rules and regulations adopted for the protection of any source of public water
supply.
(11)Â
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)Â
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.