[Added 1-23-1990 by L.L. No. 1-1990]
This article shall be known and cited as the "Residential Refuse
Collection Law of the Town of Lewisboro."
As used in this article, the following terms shall have the
meanings indicated:
ACCEPTABLE WASTES
All solid wastes, as defined under Article 27, Titles 3 and
7, of the New York State Environmental Conservation Law, as amended
from time to time, and implementing regulations of the New York State
Department of Environmental Conservation, including but not limited
to 6 NYCRR 360 and 364, as amended from time to time, except bulk
construction or demolition debris and prohibited wastes.
BULK CONSTRUCTION OR DEMOLITION DEBRIS
Waste in amounts exceeding 500 pounds in the aggregate resulting
from construction, remodeling, repair and demolition of structures,
road building and land clearing. Such wastes include but are not limited
to bricks, concrete and other masonry materials, soil, rock and lumber,
road spoils, paving material and tree stumps and brush.
CURBSIDE
The side or area wherein the public highway either paved
or unpaved abuts the property of the private property owner.
DRIVEWAY
A designated area, either paved or unpaved, permitting ingress
and egress from lands of private owner onto the public highway.
MUNICIPALLY COLLECTED SOLID WASTE
Acceptable wastes originating within the boundaries of the
Town collected or caused to be collected by the Town or by a private
carter licensed as a residential collector by the Town of Lewisboro.
ON PREMISES
That designated location at the residence-end of the driveway
no more than 10 feet from the driveway.
PROHIBITED WASTES
Any of the following:
A.
All materials defined as hazardous wastes pursuant to either
Subtitle C of the Federal Resource Conservation and Recovery Act of
1976, as amended from time to time, and implementing regulations issued
by the United States Environmental Protection Agency (USEPA), including
but not limited to 40 CFR 261, as amended from time to time, or Article
27, Title 9, of the New York State Environmental Conservation Law,
as amended from time to time, and implementing regulations issued
by the New York State Department of Environmental Conservation, including
but not limited to 6 NYCRR 370 through 373.3, as amended from time
to time.
B.
All materials which are classified as a "hazardous substance"
as defined in Section 101(14) of the Federal Comprehensive Environmental
Response, Compensation and Liability Act of 1980, as amended from
time to time, and implementing regulations issued by the USEPA, including
but not limited to 40 CFR 302.
C.
All materials which are radioactive.
D.
Sludge; septage; pathological, infectious or explosive wastes;
and liquid wastes.
E.
Any other waste material which may not be lawfully transported
to, stored, managed or disposed of at the facilities contractor uses
pursuant to this article and to the Six Towns MCA.
REFUSE
All solid wastes, including garbage, rubbish and ashes as
hereinafter defined:
A.
GARBAGECommon household wastes resulting from the preparation, cooking or serving of foods, market wastes and wastes from handling, storage and sale of produce. Specifically excluded from this definition are all animal wastes, human or otherwise.
B.
RUBBISHCombustibles, such as paper, cardboard cartons or boxes, wood or related products and excelsior and noncombustible metals, beverage or grocery cans, glass, dirt, crockery and minerals.
C.
ASHESThe residue created from fires used for cooking, heating and on-site incineration.
D.
RECYCLABLESTied newspaper; bundled mixed paper, magazines, etc.; bundled cardboard, commingled glass, plastic and metal; or glass, plastic or metal, source-separated.
This article shall also cover those residences which use dumpsters for solid waste disposal except the conditions in §
134-6A,
B,
C and
I. These standards shall be determined contractually between the collector and the agent for the multifamily residences.
Any action brought hereunder shall be commenced within three
months of the date of the alleged violation.
[Adopted 11-24-1992 by L.L. No. 9-1992]
This article shall be known and cited as the "Commercial Refuse
Collection Law of the Town of Lewisboro."
For the purpose of this article, the following words and terms
shall be deemed to have the meanings herein given to them:
ACCEPTABLE WASTES
All solid wastes as defined under Article 27, Titles 3 and
7, of the New York State Environmental Conservation Law, as amended
from time to time, and implementing regulations of the New York State
Department of Environmental Conservation, including but not limited
to 6 NYCRR 360 and 364, as amended from time to time, except bulk
construction or demolition debris and prohibited wastes.
BULK CONSTRUCTION OR DEMOLITION DEBRIS
Waste in amounts exceeding 500 pounds in the aggregate resulting
from construction, remodeling, repair and demolition of structures,
road building and land clearing. Such wastes include but are not limited
to bricks, concrete and other masonry materials, soil, rock and lumber,
road spoils, paving material and tree stumps and brush.
DUMPSTERS
Large refuse containers which include those used by residences
as well as businesses for solid waste disposal.
MUNICIPALLY COLLECTED SOLID WASTE
Acceptable wastes originating within the boundaries of the
Town collected or caused to be collected by the Town or by a private
carter licensed as a commercial collector by the Town of Lewisboro.
PROHIBITED WASTES
Any of the following:
A.
All materials defined as "hazardous wastes" pursuant to either
Subtitle C of the Federal Resource Conservation and Recovery Act of
1976, as amended from time to time, and implementing regulations issued
by the United States Environmental Protection Agency (USEPA), including
but not limited to 40 CFR 261, as amended from time to time, or Article
27, Title 9, of the New York State Environmental Conservation Law,
as amended from time to time, and implementing regulations issued
by the New York State Department of Environmental Conservation, including
but not limited to 6 NYCRR 370 through 373.3, as amended from time
to time.
B.
All materials which are classified as a "hazardous substance"
as defined in Section 101(14) of the Federal Comprehensive Environmental
Response, Compensation and Liability Act of 1980, as amended from
time to time, and implementing regulations issued by the USEPA, including
but not limited to 40 CFR 302.
C.
All materials which are radioactive.
D.
Sludge; septage; pathological, infectious or explosive wastes;
and liquid wastes.
E.
Any other waste material which may not be lawfully transported
to, stored, managed or disposed of at the facilities that the contractor
uses pursuant to this article and to the Six Towns MCA.
RECYCLABLES
Bundled newspaper; bundled mixed paper, magazines, etc.;
bundled cardboard; commingled glass, plastic and metal; or glass,
plastic or metal source-separated; also, commercial recyclables.
REFUSE
All solid wastes, including garbage and ashes as hereinafter
defined:
A.
GARBAGECommon household wastes resulting from the preparation, cooking or serving of goods, market wastes and wastes from handling, storage and sale of produce, including dirt and crockery. Specifically excluded from this definition are all animal wastes, human or otherwise.
B.
ASHESThe residue created from fires used for cooking, heating and on-site incineration.
TOWN RATE
The maximum amount (inclusive of all fees and charges) that
a carter may charge a commercial customer for picking up and disposing
of commercial refuse and commercial recyclables. This rate will be
set by the Town Board by resolution each December for the next year.
It shall be stated in terms of maximum cost per yard per pickup for
various types of commercial service.
Any action brought hereunder shall be commenced within three
months of the date of the alleged violation.
If any section, subsection, paragraph, sentence, clause or phrase
of this article is declared by any court of competent jurisdiction
to be invalid, such invalidity shall not affect any other portion
of this article. The Town Board hereby declares that it would have
adopted every section, subsection, paragraph, sentence, clause and
phrase of this article regardless of the fact that any other section,
subsection, paragraph, sentence, clause or phrase be declared invalid.
This article shall become effective as of January 1, 1993.