The reduction of the amount of solid waste and conservation of recyclable materials is an important public concern because of the increasing cost of solid waste collection and disposal and its impact on the environment. The separation and collection of recyclable materials will serve the general public's interest in our Village by reducing the amount of solid waste and will otherwise comply with the Onondaga County Source Separation Law (Local Law No. 12 of 1989) and other applicable provision of law. In 1988, in the interest of public health, safety and welfare and in order to conserve energy and natural resources, the State of New York enacted a New York State Solid Waste Management Plan under which the state solid waste management priorities were established as waste reduction, reuse, recycling and waste-to-energy (see New York Environmental Conservation Law § 27-0106), with land burial as a last resort only when reuse, recycling or waste-to-energy were unavailable. The State Solid Waste Management Plan Section B-35 in 1988 recommended that Onondaga County take immediate steps to develop environmentally acceptable facilities to manage the solid waste generated in the county. In December 1991, Onondaga County adopted a Comprehensive Solid Waste Management Plan that was subsequently approved by the State Department of Environmental Conservation. The county plan, applicable to municipalities within the county, preferred waste-to-energy as a safe and sanitary alternative to the threat to the groundwater supply and other liabilities posed by the burying of such waste. Those reasons are further delineated in Section 5 of the aforementioned county plan. Public Authorities Law § 2045-e, Subdivisions 7 and 8 allow the Onondaga County Resource Recovery Agency to contract with municipalities for the delivery of such waste and, in furtherance thereof, to process such solid waste. In compliance with both the state and county solid waste management plans, the Village of Manlius has determined that all solid waste, both residential and commercial, generated in our Village and destined for disposal in the State of New York may not be disposed of at any place other than the approved disposal site designated by the Village Board in §
60-2 hereof. The basis of that determination is attached hereto as Exhibit A and incorporated by reference. This chapter will also establish and refine regulations
requiring the licensing of municipal haulers and governing hauler
services for the collection and disposal of solid waste materials.
As used in this chapter, the following terms
shall have the meanings indicated:
AGENCY
The Onondaga County Resource Recovery Agency.
AGENCY FACILITY
Any facility operated by or designated by the Agency. Agency
facilities include the agency transfer stations at Ley Creek and Rock
Cut Road, Rock Cut Road waste-to-energy facility, agency landfill
(when built), agency yard waste composting facilities at Jamesville
and Amboy, construction and demolition processing facility at Ley
Creek and agency designated materials recovery facilities.
AGENCY PERMIT
A permit issued by the Agency to a hauler as a prerequisite
to disposing solid waste at an Agency facility.
CONSTRUCTION AND DEMOLITION DEBRIS
Discarded building material, concrete, stones, earth from
excavations or grading and all other refuse material resulting from
the erection, repair or demolition of buildings, structures or other
improvements of property.
COUNTY
The County of Onondaga.
COUNTY-DESIGNATED RECYCLABLE MATERIALS
Those recyclables designated by the County of Onondaga and
the Onondaga County Resource Recovery Agency pursuant to Local Law
No. 12 of 1989, including the following:
A.
CORRUGATED CARDBOARDCorrugated cardboard containers, boxes and packaging, including pizza boxes, which are dry and cleaned of contamination by food wastes, adhesives, metals, wood or plastics and which have been flattened, folded and securely tied in bundles no larger than 36 inches by 36 inches by six inches in size and weighing no more than 30 pounds.
B.
GLASSEmpty, washed glass jars, bottles and containers of clear, green and amber (brown) that contained food and drink, caps removed. This term excludes ceramic, window glass, auto glass, mirror and kitchenware.
C.
METALAll ferrous and nonferrous metals, including steel, aluminum and composite cans and containers (cleaned of food wastes) and empty aerosol cans that did not contain hazardous material. Scrap metal, wire pipes, tubing, motors, sheet metal, etc. are recyclable but must be recycled through scrap dealers.
D.
NEWSPAPERS, MAGAZINES AND CATALOGUESIncludes common machine-finished paper made chiefly from wood pulp used for printing newspapers, as well as glossy inserts, magazines and catalogues. All must be free of contaminants.
E.
OFFICE PAPERAll bond paper and also computer printout, stationery, photocopy and ledger paper of any color from all waste generators. Paper should, if possible, be free of tape, adhesives, labels, rubber bands, paper clips, binders and other contaminants. This term excludes carbon paper, chemical transfer paper and tyvek or plastic-coated envelopes.
F.
PLASTICSAll HDPE and PET-type plastic bottles (#1 and #2), including empty, washed food, beverage, detergent, bleach and hair care containers with lids removed. This term excludes all photographic film, vinyl, rigid and foam plastic materials, as well as plastics numbered 3 through 7 and HDPE oil bottles, as well as #1 and #2 containers that are not bottles or contained hazardous material.
H.
BEVERAGE CARTONSIncludes gable-topped paper cartons that contained milk and juice products.
I.
PAPERBOARDPaper packaging as found in cereal, cracker and tissue boxes, etc. and toilet tissue and paper towel tubes.
J.
MIXED PAPERIncludes discarded and bulk mail, computer paper, colored paper, greeting cards, wrapping paper and carbonless multipart forms. Excludes any paper coated with foil or plastic.
CURB
That street curb immediately in front of the property from
which solid waste material and recyclables to be collected are generated
or in the absence of an actual curb, that portion of the property
which is immediately adjacent to the street.
CURBSIDE COLLECTION
The use of collection receptacles for residential, commercial
and institutional solid waste generators and the regular periodic
pickup and transfer of the contents of such receptacles by a hauler
at the location of a waste generator.
DPW
The Village Department of Public Works.
DROP-OFF CENTER
A private or public facility to which a person can deliver
their recyclable materials.
ELIGIBLE HOUSEHOLD
A household residing in a dwelling of four units or less
and which is required to utilize recycling containers.
HAULER
Any person, company or firm who engages in the collection,
transportation, disposal or delivery of solid waste within our Village.
HAZARDOUS WASTE
A.
Any waste (excluding household hazardous waste)
which is defined or regulated as a hazardous waste, toxic substance,
hazardous chemical substance or mixture or asbestos (regulated waste)
under federal, state or local law, or under rules, regulations, policies
or guidelines issued in relation thereto, as they maybe amended from
time to time, including, but not limited to:
(1)
The Resource Conservation and Recovery Act of
1976 (42 U.S.C. § 6901 et seq., as amended by the Hazardous
and Solid Waste Amendments of 1984) and the regulations contained
in 40 CFR Parts 260 through 281.
(2)
The Toxic Substances Control Act (15 U.S.C. § 2601
et seq.) and the regulations contained in 40 CFR Parts 761 through
766.
(3)
The State Environmental Conservation Law (Title
9 of Article 27) and the regulations contained in 6 NYCRR Parts 370,
371, 372, 373 (Subpart 373-3).
B.
Radioactive materials which are source, special
nuclear or by-product material as defined by the Atomic Energy Act
of 1954 (42 U.S.C. § 2011 et seq.) and the regulations contained
in 10 CFR Part 40; or
C.
Any other material that by federal, state or
local law, or under rules, regulations, policies, guidelines or orders
having the force of law in relation thereto is regulated as harmful,
toxic or hazardous to health and ineligible for processing at the
Agency facility.
LARGE HOUSEHOLD FURNISHINGS
All other large and/or bulky articles actually used in the
home and which equip it for living, such as chairs, sofas, tables,
beds or carpets.
MAJOR APPLIANCES
A large and/or bulky household mechanism such as a refrigerator,
washer, dryer, stove, furnace or hot water tank.
MEDICAL WASTE
Any solid waste which is generated in the diagnosis, treatment
or immunization of human beings or animals, in research pertaining
thereto or in the production or testing of biologicals.
MUNICIPAL HAULER LICENSE
The license issued by the Village to a hauler as a prerequisite
to performing solid waste collection services within the Village's
municipal limits.
MUNICIPAL STICKER
The adhesive sticker issued by the Village Clerk evidencing
a municipal hauler's license.
PERSON
A natural person, association, partnership, firm, corporation,
trust, estate or governmental unit and any other entity whatsoever.
RECYCLABLES
Those recyclable materials, including county-designated recyclable
materials, which can be practically separated from nonrecyclable waste
for which reuse markets can be accessed for less than the cost of
disposal.
RECYCLING CONTAINER
The blue bin or other container supplied by the Agency, county,
the Village or their designees for the use by eligible households
within the Village. Such containers shall be used exclusively for
the storage of recyclables. Such containers shall at all times remain
the property of the county or Village, as the case may be.
RECYCLING LAW
The Onondaga County Source Separation Law, Local Law No.
12, adopted March 6, 1989, as subsequently amended.
REGULATED MEDICAL WASTE
Those medical wastes that have been listed in 6 NYCRR 364.9,
paragraph (c)(1) and that must be managed in accordance with the requirements
of that part.
SOLID WASTE
All materials or substances discarded or rejected as being
spent, useless, worthless or in excess to the owners at the time of
such discard or rejection, including, but not limited to, garbage,
refuse, residential, governmental, commercial and/or light industrial
refuse but not including recyclables, yard and garden waste, human
wastes, medical wastes, rendering wastes, demolition wastes, residue
from incinerators or other destructive systems for processing waste
(other than now-existing individual building incinerators, the residue
from which is presently collected as part of normal refuse collection
practices), junked automobiles, pathological, toxic, explosive, radioactive
material or other waste material which, under existing or future federal,
state or local laws, require special handling in its collection or
disposal.
SOLID WASTE BAG
A plastic bag, of such character, size, strength and design
as may be determined from time to time by the Village Board, used
for the collection and disposal of solid waste and to which a distinctive
Village sticker must be affixed.
SYSTEM
Onondaga County's solid waste management system as operated
by the Onondaga County Resource Recovery Agency and every aspect thereof,
including, but not limited to, the Rock Cut Road waste-to-energy facility,
Agency landfill (when built), yard and garden waste composting facilities
at Jamesville and Amboy, construction and demolition processing facility
at Ley Creek and the Rock Cut Road and Ley Creek transfer stations.
TRASH CONTAINER
A metal or plastic container with a capacity of no greater
than 30 gallons.
VILLAGE STICKER
The distinctive adhesive sticker which must be visibly and
securely affixed to each solid waste bag and/or solid waste item to
be collected by the Village in accordance with this chapter.
WASTE GENERATOR
Any person which produces solid waste requiring off-site
disposal.
WASTE MATERIAL
Any refuse or waste material, including, but not limited
to, solid waste, recyclables and county-designated recyclable materials.
Municipal hauler licenses issued pursuant to
this chapter shall be effective for a term of one year from the date
of issue.
The Village shall have the right to cancel any
existing municipal hauler license upon 30 days' written notice to
the hauler, if the Village shall enact legislation establishing a
new system for collection of garbage in the Village that is inconsistent
with the continuation of said license.
The Village Board may by resolution designate
and impose such other fees as it deems reasonable and appropriate
in relation to the collection and disposal of solid waste and/or recyclables.
After any such fees are imposed, the manner of implementation and
collection shall be by regulation of the Village Board or its designee
not inconsistent with the terms of the resolution imposing such fees.
The Village Board, by resolution, may also from time to time establish
fees to defray expenses in connection with the fee for the municipal
hauler license and administration of this chapter. Fees shall be paid
by the applicant at the time of application.
Haulers shall not collect solid waste in the
Village on Sundays, Thanksgiving or Christmas.
Haulers shall not operate earlier than 7:00
a.m., nor later than 6:00 p.m.
Where certain solid waste, recyclables and/or
other waste materials were not collected because those materials were
not placed or prepared by the waste generator in accordance with the
provisions of this chapter, the person who placed such materials for
collection and the owner of the property adjoining the curb where
such waste materials were placed shall remove those wastes from the
location as soon as possible after the hauler has refused collection
and, in any event, by 6:00 p.m. on the designated collection day.
In addition to those fees provided for in §
60-18 of this chapter, the Village Board, by resolution, may designate and impose such other fees as it deems reasonable and appropriate in relation to the collection and disposal of any waste material, including without limitation, recyclables. After any such fees are imposed, the manner of implementation and collection shall be by regulation of the Village Board or its designee not inconsistent with the terms of the resolution imposing such fees.
The collection, removal and carrying of solid
waste, recyclables and/or waste material, and the transportation of
solid waste, paper and recyclables on any highway, street, alley or
lane of the Village must be done in covered vehicles. No person or
hauler shall throw or scatter or cause waste materials to be scattered
or deposited or to escape from the vehicle on the streets or public
places.
Yard and garden waste may not be accepted for
recycling at an Agency facility, but may be accepted for recycling
at a yard waste composting facility of the hauler's choice within
the county or taken elsewhere.
Nothing contained in this chapter shall be construed
to prohibit any person from disposing of solid waste or other waste
material in the home by means of household incinerators or other garbage
disposal devices, provided that the same produce no smoke or odor
and do not become or are not nuisances or hazards.
No hauler shall bury or burn any solid waste
and/or recyclables or cause to be buried or burned any solid waste
and/or recyclables, papers, trash, hazardous waste and/or waste materials
within the limits of the Village, unless authorized to do so in writing
by the Village Board.
This chapter shall also apply to all special
events held in the Village. The sponsor of said events shall be responsible
for sorting all waste materials into appropriate containers or bags
and making all arrangements for pickup and disposal of all waste materials.
The hauler may charge a fee to be determined by the Village Board
for such pickups and disposal.
The failure of a hauler to comply with the provisions
of this chapter shall be considered a violation subject to the following
specified fines for each offense pursuant to § 80.05, Subdivision
4, of the New York Penal Law, as well as for corporate officers, directors
and officials, except for corporations in their corporate capacity,
which shall be fined pursuant to § 80.10 of the Penal Law.
Each day's violation shall be considered a new and separate offense
subject to a separate penalty as fixed below. Any fines collected
under this chapter shall inure to the Village and shall be deposited
in the Village general fund to use as it deems appropriate.
Section
|
Violation
|
Fine
|
---|
60-3
|
Failure to obtain a municipal hauler license
|
$250
|
60-3
|
Failure to deliver all solid waste collected
within the Village and destined for disposal within New York State
to the Village-approved disposal site
|
$250 plus revocation
|
60-4A
|
Failure to attach a municipal sticker to the
hauler vehicle
|
$250
|
60-4B
|
Duplication or imitation of the municipal sticker
or engaging in the selling of the municipal sticker
|
Revocation
|
60-7B
|
Accepting and/or disposing of county-designated
recyclable materials as solid waste
|
$200
|
60-8D
|
Removing, destroying or disposing of a recycling
container or using same for other than storage of county-designated
recyclable materials
|
$150
|
60-10
|
Engaging in the collection of solid waste and/or
recyclables on Sundays, Thanksgiving or Christmas
|
$50
|
60-11D
|
Failure to notify the Village, 30 days' prior
written notice of any cancellation, nonrenewal or modification of
required insurance policy
|
$50
|
60-12
|
Failure to comply with the designated hours
of operation
|
$200
|
60-16
|
Failure to remove uncollected waste materials
improperly set out for disposal
|
$100
|
60-19
|
Throwing, scattering or allowing deposit of
any solid waste and/or recyclables or other waste materials upon the
streets
|
$100
|
60-19
|
Engaging in the collection of solid waste and/or
recyclables in a noncovered vehicle
|
$100
|
60-21
|
Dumping or depositing any solid waste and/or
recyclables upon any property; draining leachate from hauler vehicle
|
$100
|
60-22
|
Allowing solid waste or other waste material
and recyclables to accumulate upon any property so that it becomes
obnoxious, unsightly or offensive
|
$250
|
60-24
|
Any hauler engaging in the burial or private
burning of solid waste and/or recyclables, papers, trash, hazardous
waste or other waste materials within the limits of the Village
|
$250
|