[HISTORY: Adopted by the Board of Trustees
of the Village of Williamsville 10-13-1992 as L.L. No. 7-1992. Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 39.
This chapter shall be known as the "Mandatory
Recycling Law of the Village of Williamsville."
The Village of Williamsville finds that:
A.
Methods of waste management emphasizing source reduction,
recovery, conversion and recycling of wastes are essential to the
long-range preservation of the health, safety, and welfare of the
public, to the economic productivity and environmental quality of
the Village of Williamsville and to the conservation of resources.
B.
The New York State Solid Waste Management Act of 1988!BFN!Editor's
Note: In regard to municipalities, see § 27-0107 of the
Environmental Conservation Law.!EFN! requires that municipalities
adopt a local law or code for the separation of waste into recyclable,
reusable or other components for which economic markets for alternate
uses exist.
This chapter is enacted for the following purposes:
A.
To preserve the long-range health, safety and welfare
of the public and the economic productivity and environmental quality
of the Village of Williamsville by conserving resources and reducing
potential pollution of the environment.
B.
To establish methods of collection, reduction and
separation to encourage effective reuse of wastes.
As used in this chapter, the following words,
terms or phrases shall have the meanings indicated:
The development and cultivation of the soil for the planting
of trees, fruits, vegetables or flowers.
A written notice issued and subscribed to by a duly authorized
person directing a designated person to appear in a designated local
criminal court at a designated future time in connection with an alleged
commission of a designated offense. A notice conforming to such definition
constitutes an "appearance ticket" regardless of whether it is referred
to in some other provision of law or by any other title.
The act of picking up recyclable material from the public
right-of-way abutting homes, businesses or industrial sites.
Organic material which may be reduced to humus through organic
activity.
A process through which organic materials, such as grass
and leaves, are reduced to humus through organic activity.
Heavy paper items normally used for packaging, mailing, shipping
or containing goods, merchandise or other material, but excluding
plastic, foam or wax-coated or soiled contaminated heavy paper items.
All table refuse, animal and vegetable matter, offal from
meat, fish and fowl, vegetables and fruits and parts thereof (and
materials ordinarily used for food which have become unfit for such
use or which, for any reason, have been discarded), including market
refuse and waste from handling, storage or sale of produce.
The development and cultivation of herbs, fruits, vegetables
and flowers.
All clear (flint), green and brown (amber) colored glass
containers, excluding crystal; ceramic; light bulbs; plate, window,
laminated, wired or mirrored glass; and glass cookware.
The type of electrical storage battery commonly used in automobiles
and trucks.
Any type of magazine which would be normally delivered through
the mail or purchased at a newsstand. Excluded are large glue-bound
catalogs, telephone books, periodicals or hardbound printed material.
Paper of the type commonly referred to and known as "newsprint"
and delivered at stated intervals, usually daily or weekly, having
printed thereon news and opinions, containing advertisements and other
information or communication; periodicals and paper that have a shiny
or wax-coated surface.
All waste material discarded as useless or worthless trash,
including but not limited to rags, sweepings, rubber, leather, crockery,
shells, clothing, straw, dirt and ashes.
A substance composed of solid coloring matter suspended in
a liquid medium and applied as a protective or decorative coating
to various surfaces or to canvas or other material.
Any corporation, firm, partnership, association, organization
or other entity, as well as an individual.
Empty plastic food and beverage containers, as defined by
the recycling regulations, including but not limited to containers
used for milk, detergent, apple cider, water, soft drinks and vegetable
oil.
Any premises that requires, on a regular basis, more than
five (5) containers or bags for its garbage and refuse shall be required
to secure a "portable transfer container" for all excess over five
(5) containers. It shall be the responsibility of the owner or occupant
to contract privately for the securing of said container service for
the excess material.
The land abutting a given premises between the sidewalk and
curb or the land beyond the pavement or stone of the road, street,
alley or highway as surveyed or laid out in the records of the Superintendent
of Public Works.
All material specified by the Village of Williamsville for
collection pursuant to this chapter and/or the recycling regulations
promulgated hereunder, including but not limited to cans, glass containers,
newspapers, plastic and corrugated cardboard.
A rectangular container in which to store and carry recyclable
material to the public right-of-way for collection.
Rules pursuant to this chapter set forth by the Village Board
of Trustees to implement the program established and known, pursuant
to this chapter, as the "Village of Williamsville Mandatory Recycling
Law."
An employee of the Village of Williamsville designated to
oversee the collection of garbage, rubbish, trash, debris and recyclables.
The development, cultivation and reproduction of trees.
The separation of recyclable materials from the waste stream
at the point of waste generation.
Rings or bands of rubber, either solid or hollow and inflated,
placed over the rims of wheels to provide traction, resistance to
wear or other properties, limited to passenger cars and light vehicles.
Any motor previously used in machinery, but not including
other petroleum fluids.
Products and materials to be discarded after use from any
premises within the Village of Williamsville.
Grass, leaves, brush, plants, weeds or dirt materials from
vegetable and flower gardens, lawns and yards; or ash from fireplaces
or wood stoves.
There is hereby established a program for separation
and preparation for the collection of waste material. The program
shall be under the supervision of the Village of Williamsville Department
of Public Works, which shall make rules and regulations for its implementation
subject to the approval of the Village Board. Such rules and regulations
shall be known as the "Village of Williamsville Mandatory Recycling
Law."
All recyclable material placed in accordance
with this chapter for collection in a public right-of-way shall be
prepared as follows:
A.
Recyclable material shall be placed in recycling containers
as follows:
(1)
Newspapers shall be placed in recycling containers
or placed in paper bags.
(2)
Corrugated cardboard shall be flattened and securely
tied in bundles weighing not more than fifty (50) pounds. All tape,
staples and strappings shall be removed, and sections shall be broken
into pieces not larger than three by three (3 x 3) feet.
(3)
Cans, glass containers and plastic containers shall
be rinsed of the original contents. Caps and rings shall be removed
from glass containers.
(4)
No materials other than recyclable material prepared
in accordance with this chapter shall be placed in a recycling container.
(5)
The Village Board of Trustees may, by Board resolution,
change the recycling items, based on market conditions. A complete
list of acceptable materials is available at the Village Clerk's office.
(6)
All materials placed in the green recycling box shall
be secured in such a manner as to prevent scattering of the contents.
(7)
In the event that the village-provided green box is
damaged or destroyed, replacement or additional green boxes will be
available from the Village Clerk at a cost to be established by resolution
of the Board of Trustees.
(8)
Recyclable materials shall not be commingled with
other solid waste during collection, transportation or storage following
collection.
(9)
Collectors collecting residential, commercial and/or
institutional municipal solid waste generated within the Village of
Williamsville shall refuse to collect municipal solid waste from any
person or party who has clearly failed to source-separate the recyclable
materials and/or who has not properly prepared the recyclable materials
to the specifications of the collector. A written explanation shall
be provided to the person or party of the reason for the refusal of
collection of the materials by the collector.
(10)
Recycling containers which have been distributed free
of charge to village residents remain the property of the Village
of Williamsville and are not to be removed from the premises.
B.
Leaves, brush and tree parts.
(1)
During the months of October, November and December,
leaves may be placed in piles not exceeding six (6) feet in diameter,
at the curb or pavement line, but shall not be placed on the paved
portion or any street. At all other times of the year, leaves and
similar material must be suitably bagged or placed in an appropriate
container.
(2)
Tree logs larger than four (4) inches in diameter
shall be cut to a length not to exceed two (2) feet and placed at
the curb for collection.
(3)
Tree branches not exceeding four (4) inches in diameter
shall be cut to a length not to exceed six (6) feet and placed at
the curb for collection with the butt ends of the branches facing
the same direction.
(4)
Tree trimmings, shrubs or vines not exceeding one-half
(1/2) inch in diameter shall be cut and placed in suitable containers
or bags and placed at the curb for collection. In no event shall any
container or bag exceed sixty-five (65) pounds in weight.
(5)
Holiday trees may be placed at the curbline or pavement
line for collection in December and January without being cut and
bundled as otherwise herein required.
A.
All used oil and paint shall be disposed of properly.
There will be no discharge of any oil or paint into any waterway or
drainage system. Empty paint cans with tops removed will be collected
as part of the regular trash pickup.
B.
Lead acid batteries shall not be placed in any waste
or recycling container.
C.
No material of any nature which could be or is considered
to be hazardous, infectious, toxic, radioactive, harmful or a pollutant
will be collected by the recycling collectors.
D.
Tires may not be deposited at curbside for collection.
These must be delivered to the Department of Public Works garage,
and the resident will be charged a fee consistent with the village's
cost of disposal.
A.
The Village of Williamsville shall be under no obligation
to collect recyclable material not separated and prepared pursuant
to the provisions of this chapter and the recycling regulations of
the Department of Public Works or recyclable material generated outside
the village.
B.
The fact that recyclable material is in a public right-of-way
shall be rebuttal prima facie evidence that such material was placed
there by the owner of the property abutting that public right-of-way.
A.
The owner, manager or superintendent of every multiresidential
complex using portable transfer containers shall provide and maintain,
in a neat and sanitary condition, recycling collection areas to receive
newspapers and other designated recyclables included in the curbside
collection programs, which are generated by residents of the complex.
In cases where a condominium, cooperative, homeowners' or similar
association exists, the association shall be responsible for provision
and maintenance of the recycling collection areas. Said recycling
collection areas shall be established by January 1, 1993, to include
all recyclables presently collected in the residential portion of
the Village of Williamsville.
B.
The owner, manager or superintendent of each multiresidential
complex above shall arrange for the collection of recyclables from
the recycling collection areas.
C.
The number and design of the collection areas required
by this section for each complex shall be consistent with the guidelines
provided by the Department of Public Works.
A.
All commercial, industrial and institutional establishments
within the village which use portable transfer containers shall source-separate
and arrange for the collection of recyclable material.
B.
The arrangement for collection of designated recyclables
for disposition hereunder shall be the responsibility of the owner
or operator of a commercial, industrial or institutional establishment
at which the recyclables are generated ("the generator") or of the
person contractually obligated to the generator to arrange for collection
and disposal of its solid waste. Said arrangements may include, without
limitation, direct marketing of recyclables, contracts with permitted
solid waste collectors/haulers for separate collection of any or all
designated recyclables, contracts with other persons for separate
collection of any or all designated recyclables or direct delivery
to a designated processing facility.
Any recyclable material within a public right-of-way
for collection by the village shall become the property of the village.
No person, unless acting under authority of the village or its authorized
agent, shall collect, pickup or remove or cause to be collected, picked
up or removed any recyclable material so placed for collection; each
such unauthorized collection pickup or removal shall constitute a
separate violation of this chapter; provided, however, that where
the village has refused to collect recyclable material because it
has not been placed or prepared according to the provisions of this
chapter, the person responsible for initially placing that material
shall remove it from the public right-of-way.
Where the village has not collected recycled
material because it was not placed or prepared in accordance with
the provisions of this chapter, the person in control of the premises
whereon the recycled material was generated shall remove such material
as soon as possible after the village or designated contractor has
refused collection and, in any event, by 7:00 p.m. of the designated
collection day. The failure to remove any such material by 7:00 p.m.
of the designated collection day shall constitute a violation of this
chapter.
Every person who shall engage in the business
of collecting recyclable material within the village shall use for
that purpose a vehicle so constructed as to prevent the escape of
any such recycled material. Such a vehicle shall, at all times, when
not necessarily opened for the purpose of depositing the material
collected therein, be kept securely covered.
A.
No recyclables shall be collected within the village
without first having secured from the village, with the approval of
the Village Board of said village, a license to be issued under the
following terms and conditions:
(1)
Authorized collectors must first obtain a solid waste
collection license from the village. The fee for such license shall
be set by the Village Board, and all licenses shall be issued for
the calendar year or such portion thereof. There shall be no reduction
in the fee for a license issued after the beginning of any calendar
year.
(2)
An authorized collection sticker shall be prominently
displayed on each vehicle operated by or on behalf of the authorized
collector on the left front fender.
(3)
Authorized collector applications may be denied if
the applicant or licensee has been adjudged or administratively determined
to have committed one (1) or more violations of this chapter during
the preceding calendar year.
(4)
All authorized collectors licensed by the village
shall indemnify and hold harmless the village from any pending, threatened
or actual claims, liability or expenses arising from the disposal
of recyclables by the authorized collector.
(5)
Authorized collectors shall offer collection services
for all recyclable materials to all commercial, industrial and institutional
customers and residential customers with dumpsters from whom they
provide waste collection services at the same times and on the same
days as services are provided to their customers for solid waste collection.
(6)
An application for a license under this section shall
state the manner of collection and the place and method of disposal
of the municipal waste material and recyclable materials from its
residential, commercial, industrial and institutional customers. Each
collector shall maintain separate monthly records of solid waste and
recyclable materials collected, transported or disposed of by the
authorized collector, which shall include the following information:
(a)
The municipality or geographical area and number
of units in which the solid waste or recyclable material was generated.
(b)
The quantity, by ton, of solid waste and of
each type of recyclable material collected.
(c)
The quantity, by ton, of recycled material delivered
to a recycling facility(ies) and the location of the recycling facility(ies).
(d)
The quantity, by ton, of solid waste delivered
to each facility.
B.
Reports containing the information required as stated
above shall be compiled and delivered to the Village Clerk or other
designated individual for each reporting period, as designated by
the regulations but which shall be no more frequently than quarterly.
C.
Authorized collectors shall not accept for collection
municipal solid waste which has not been source-separated in conformity
with this chapter.
All employees or agents of the village, including
those under contract to collect waste, are hereby authorized to report
each and every violation of this chapter to the Department of Public
Works.
When a designated public official determines
that a failure to comply with this chapter may have occurred, she
or he shall recommend to the Mayor that the authorized collector's
application or the license be denied, suspended or revoked or its
holder be subjected to a reprimand or fine or that the generator or
originator of the solid waste or recyclable materials be subject to
sanctions, fines or penalties as described herein. Notice and an opportunity
to be heard shall be provided prior to denial, suspension or revocation
of a solid waste license or authorized collector permit or the issuance
of a sanction, fine or penalty.
A.
Notice.
(1)
The Mayor shall notify the affected generator, applicant
or licensee of the alleged failure, in writing. The notice shall include
the following:
(2)
The notice shall be personally served or sent, by
registered mail, to the generator's; applicant's or licensee's last
known address, at least ten (10) days before the hearing date, with
a copy to the administrator.
B.
Hearing.
(1)
Any hearing shall be conducted by the Village Mayor
within a reasonable period which shall be at least ten (10) days after
the service of notice.
(2)
The generator, applicant or licensee may be represented
by counsel at the hearing and may offer evidence and cross-examine
witnesses.
(3)
Within twenty (20) days after the close of the hearing,
the Mayor shall:
(a)
Determine whether the alleged failure to comply
with this chapter has occurred; and
(b)
If the Mayor determines that such a failure
has occurred, decide whether the generator or applicant shall be subject
to a fine or penalty, whether the applicant shall be denied or whether
existing solid waste license or authorized collector status shall
be suspended or revoked or its holder subjected to a reprimand and
shall issue an order carrying out this decision.
A.
The enforcement of this chapter shall be by the Department
of Public Works and all other persons or agencies as may be designated
by resolution of the Village Board.
B.
To assure compliance with this chapter, all portions
of vehicles and containers used to haul, transport or dispose of recyclable
materials, including such containers placed outside residences, shall
be subject to inspection by the Refuse Officer, Code Enforcement Officer
and any other public official designated by the village.
C.
The Superintendent of Public Works, the Refuse Officer
and the Code Enforcement Officer may issue appearance tickets for
any violations of this chapter.
A.
Any violation of any provision of this chapter shall
be punishable by a fine not to exceed two hundred fifty dollars ($250.)
a day or by imprisonment for a period not to exceed fifteen (15) days,
or both.
B.
Any person who aids, abets or assists in a violation
of this chapter shall also be subject to the penalties provided herein.
C.
Each day that a violation of this chapter is committed
or permitted to exist shall constitute a separate offense.
If any section, sentence or part of this chapter
is adjudged unconstitutional or invalid, such judgment shall not affect,
impair or invalidate the remainder of this chapter.
This chapter shall take effect immediately upon
filing with the Secretary of State.
