[§6D-3]  Pollution.  (a)  It shall be
unlawful for any person to store, dump, dispose of, or otherwise place any
refuse, garbage, dead animals, sewage, litter, or toxic substances in any cave
or cave entrance; provided that:



(1)  Any cesspool or leach field that is otherwise
legal and existing on June 28, 2002 shall continue to be lawful as a
nonconforming use or facility;



(2)  The nonconforming use or facility shall not be
expanded or reconstructed; and



(3)  New septic systems may be installed in proximity
to caves; provided they use solid tanks and surface leach fields so as not to
permit sewage to flow into the cave and otherwise conform to existing laws and
regulations.



(b)  It shall be unlawful to intentionally,
knowingly, or recklessly burn within a cave or cave entrance any material that
produces any smoke, engine exhaust, or gas substantially harmful to any
naturally occurring organisms in any cave; provided that this shall not apply
to caves encountered within the normal course of a construction context. [L
2002, c 241, pt of §2]



 



Revision Note



 



  "June 28, 2002" substituted for "the effective
date of this section".