[HISTORY: Adopted by the Board of Trustees of the Village of Weedsport 2-10-1999
by L.L. No. 1-1999. Amendments noted where applicable.]
This chapter shall repeal Local Law 3-1989 and Local Law 2-1993.
This chapter shall provide for the promotion or protection of health,
safety or welfare of the people of the Village of Weedsport by controlling
the storage, collection and disposal of garbage, rubbish, waste material and
recyclable materials within the Village of Weedsport and is intended to comply
with the New York Solid Waste Management Act of 1988 regarding the separation
of solid waste.
As used in this chapter, the following terms shall have the meanings
indicated below:
Bags made of a clear, glass-like transparent material used by residents
and businesses to hold waste material.
Any waste which is defined or regulated as a hazardous waste, toxic
substance, infectious waste, hazardous chemical substances or mixture or asbestos
under federal, state or local laws or under rules, regulations, policies or
guidelines issued in relation thereto as they may be amended from time to
time and may include, but is not limited to, the following products and their
empty containers: batteries, motor oil, oil-based paints and materials, insecticides,
herbicides and caustic chemicals. Hazardous wastes generally display one or
more of the qualities of ignitability, corrosivity, reactivity or toxicity.
That portion of the solid waste stream not included under "recyclables"
and not treated separately as hazardous waste under § 27-0903 of
the New York Environmental Conservation Law; source, special nuclear or by-product
material as defined in the United States Atomic Energy Act of 1954; or low-level
radioactive waste as defined in § 29-0101 of the New York Environmental
Conservation Law. "Nonrecyclables" includes, but is not limited to, the following:
GARBAGEPutrescible solid waste, including animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking or serving of food. Garbage originates primarily in home kitchens, stores, markets, restaurants, and other places where food is stored, prepared or served.
RUBBISHSolid or liquid waste material, including rags, sweepings, excelsior, dead animals, rubber, leather, crockery, shells, clothing, straw, dirt, filth, ashes, wastepaper, and similar waste material.
CONSTRUCTION AND DEMOLITION DEBRISWaste 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, lumber, road spoils and paving material.
LARGE HOUSEHOLD FURNISHINGSLarge and/or bulky articles actually used in the home and which equip it for living (i.e., chairs, sofas, tables, beds, and carpets).
AUTOMOTIVE TIRESTires commonly used on automobiles, trucks, motorcycles and other motor-driven vehicles.
Any individual, corporation, partnership, unincorporated association,
agency, group, firm, society or other entity of one or more persons, and the
singular herein shall include the plural number.
The following materials from the solid waste stream for which there
is a means of recycling:
ALUMINUM CANSContainers fabricated primarily of aluminum and commonly used to hold soda, beer, other beverages and some foods.
METAL CANSContainers fabricated primarily of metal or tin, but not including aluminum cans.
GLASS BOTTLESTransparent or translucent jars, bottles and containers which are primarily used for packaging and bottling of various materials used for human consumption, but only those glass bottles that are green, amber (brown), or clear (flint) in color.
PLASTICSAll HDPE (I) (II) type plastics, including empty, washed food, beverage, detergent, bleach and hair care containers, with lids removed. This term excludes all film, vinyl and foam plastic materials.
NEWSPRINTThe common machine-finished paper made chiefly from wood pulp used for newspapers.
CARDBOARDWoodpulp-based material which is usually smooth on both sides with a corrugated center, commonly used for boxes.
YARD ORGANICSGrass clippings, leaves, branches and other similar organic garden materials.
LARGE APPLIANCESStoves, refrigerators, dishwashers, dryers, washing machines, and other similar large household or business appliances.
Any person living in, operating a business in, or owning property
in the Village of Weedsport and shall include such person's employees, agents
and/or tenants.
All recyclables and nonrecyclables which make up the waste stream
eligible for curbside pickup, or other area designated by the Village of Weedsport,
under this chapter. "Waste material" does not include material treated separately
as hazardous waste under § 27-0903 of the New York Environmental
Conservation Law; source, special nuclear or by-product material as defined
in the United States Atomic Energy Act of 1954; or low-level radioactive waste
as defined in § 29-0101 of the New York Environmental Conservation
Law.
A.
All waste material shall be separated, prepared for collection,
or delivered to designated areas at designated times in accordance with the
provisions of this chapter and any rules and regulations promulgated hereunder.
B.
No resident of the Village of Weedsport shall permit
any garbage, rubbish, or waste material to be stored or accumulated on any
premises within the Village of Weedsport which would cause to exist any unsanitary
or unsightly condition in or about premises owned, used or occupied by said
person.
C.
All residents and other persons in the Village of Weedsport
shall comply with each and every provision of this chapter and any rules or
regulations promulgated hereunder, including the payment of fees or use of
bag tags.
A.
The Village of Weedsport shall have no obligation to
pick up and remove any waste material not prepared for collection in accordance
with this chapter and any rules or regulations promulgated hereunder.
B.
The Village of Weedsport shall have no obligation to
pick up and remove any waste material which was not generated in the residence
or business placing such waste material at curbside, or other area designated
by the Village of Weedsport for pickup.
C.
The Village of Weedsport may collect nonrecyclables properly
left at curbside, or other areas designated by the Village of Weedsport for
pickup, pursuant to this chapter and any rules or regulations promulgated
hereunder at designated times according to a schedule established from time
to time by resolution of the Board of Trustees of the Village of Weedsport.
D.
The Village of Weedsport shall provide its residents,
and such other persons as may be allowed by permit to utilize such facilities,
with a collection site where residents may deposit properly prepared recyclables
and shall operate such facility upon a schedule established from time to time
by resolution of the Board of Trustees of the Village of Weedsport.
E.
The Village of Weedsport shall post in a conspicuous
place the hours of operation of the recycling collection facility.
F.
The Village of Weedsport shall provide residents with
notice as to the correct disposal procedures for hazardous waste.
G.
The Village of Weedsport shall collect, pick up, remove,
or cause to be collected, picked up or removed nonrecyclable waste material
properly prepared and placed at curbside, or other area designated by the
Village of Weedsport for pickup, by any resident of the Village of Weedsport,
which materials are so placed in accordance with this chapter and any rules
or regulations promulgated hereunder, upon a designated schedule established
from time to time by resolution of the Board of Trustees of the Village of
Weedsport.
A.
Nonrecyclables.
(1)
All nonrecyclable waste material to be picked up at curbside,
or other area designated by the Village of Weedsport for pickup, must be placed
at the curb no later than 7:00 a.m. on the day of collection, and no materials
may be placed at the curb before 7:00 p.m. of the day preceding the scheduled
pickup day. No recyclables shall be left at the curb with nonrecyclable waste
material.
(2)
Empty containers shall be removed from the curbside,
or other area designated by the Village of Weedsport for pickup, by the occupant
of the premises before the end of the day on which collection is made from
the premises.
B.
Recyclables.
(1)
All recyclable waste materials shall be dropped off by
residents at the Village recycling collection facility in the designated collection
containers on the days scheduled for such collection pursuant to a schedule
established from time to time by resolution of the Board of Trustees of the
Village of Weedsport.
(2)
No recyclable materials shall be left at curbside, or
other area designated by the Village of Weedsport for pickup.
(3)
From the time that any person places any recyclable materials
at or near any designated collection place, the Village of Weedsport is deemed
to be the owner of such materials and no person shall collect, pick up or
remove or cause to be collected, picked up or removed any such recyclable
materials unless specifically authorized to do so by the Village of Weedsport.
Where the Village has refused to collect certain recyclables because they
have not been separated or prepared in accordance with the provisions of this
chapter, or any rules or regulations promulgated hereunder, the person initially
placing such material for collection shall remove those materials from the
place where left and shall remain the owner thereof.
C.
Large appliances and household furnishings.
(1)
Large appliances and large household furnishings will
be collected on the same schedule as the nonrecyclables. Such items must be
placed at the curb no later than 7:00 a.m. on the day of collection and shall
not be placed at the curb before 7:00 p.m. of the day preceding the scheduled
pickup day.
(2)
Large appliances containing Freon will not be collected
by the Village of Weedsport unless they are tagged with proof that all Freon
has been drained from the appliance by a qualified removal agent. No appliance
containing Freon shall be left at the curb by any person.
Each person shall separate their waste materials and hazardous waste
in the following groups.
A.
Each person shall provide separate, sealable, galvanized
iron cans or other suitable sanitary containers for recyclables and nonrecyclables
unless stipulated otherwise in this chapter or pursuant to rules and regulations
promulgated hereunder. Such cans or containers shall not exceed 33 gallons
capacity and when filled shall not exceed 35 pounds in weight.
B.
Aluminum cans and other aluminum products shall be separated
from nonrecyclables and other recyclables. Aluminum cans so separated shall
be clean of contents, have labels removed, and be placed in containers or
delivered to designated areas in accordance with this chapter or any rules
and regulations promulgated hereunder.
C.
Metal cans shall be separated from nonrecyclables and
other recyclables. Metal cans so separated shall be clean of contents, have
labels removed, and be placed in containers or delivered to designated areas
pursuant to the provisions of this chapter or any rules and regulations promulgated
hereunder.
D.
Glass bottles and jars shall be separated from nonrecyclables
and other recyclables. Glass bottles and jars shall further be separated from
each other according to color. Glass bottles or jars so separated shall be
clean of contents, with caps or lids and all metals and labels removed, and
shall be placed in containers or delivered to designated areas in accordance
with the provisions of this chapter and any rules or regulations promulgated
hereunder.
E.
Plastics shall be separated from nonrecyclables and other
recyclables. Plastics so separated shall be clean of contents, have labels
removed and be placed in containers or delivered to designated areas pursuant
to the provisions of this chapter or any rules or regulations promulgated
hereunder.
F.
Newsprint shall be separated from nonrecyclables and
other recyclables.
G.
Cardboard shall be separated from nonrecyclables and
other recyclables and broken down.
H.
Yard and garden organics shall be separated from all
other wastes as follows:
(1)
Leaves shall be placed at curbside, or other area designated
by Village of Weedsport for pickup, in transparent bags, clearly marked as
biodegradable. Each bag is not to exceed 35 pounds in weight.
(2)
Grass clippings shall be disposed of by the property
owner.
(3)
Branches and brush, not to exceed six inches in diameter,
shall be piled at curbside, or other area designated by the Village of Weedsport,
in piles not to exceed four feet in height, six feet in width and eight feet
in length, with all branches aligned in the same direction.
(4)
All other yard and garden organics shall be separated
and placed at curbside, or other area designated by the Village of Weedsport,
in transparent bags, clearly marked as biodegradable. Each bag is not to exceed
35 pounds in weight.
I.
Large appliances shall be dismantled in such a way that
they will not be hazardous to the public, with all doors removed.
J.
Garbage and rubbish shall be placed in clear plastic
bags so that the contents of same may be visually examined to confirm the
absence of recyclables. Each bag may not exceed 35 pounds in weight.
K.
Construction and demolition debris shall be disposed
of by the property owner.
L.
Large household furnishings shall be prepared in such
a manner as to not be a hazard to the public.
M.
Hazardous wastes shall be disposed of by the property
owner.
N.
Automotive tires shall be disposed of by the property
owner.
A.
No person shall drop, deposit, or otherwise dispose of
any waste material, garbage or rubbish of any kind within the boundaries of
any street, highway, or public place in the Village of Weedsport.
B.
No person shall drop, deposit or otherwise dispose of
any waste material, garbage or rubbish from any vehicle or allow any such
materials to be blown off any vehicle within the Village of Weedsport.
Clean ashes, cinders, sand, gravel or soil deposited on real property
by or for the owner or occupant thereof for fill, grading, or landscaping
purposes shall not be deemed to be waste material or rubbish.
Failure to comply with any provision of this chapter, or any rule or regulation promulgated hereunder, shall be deemed a violation and shall be punishable as provided in Chapter 1, General Provisions, Article I, General Penalty, of the Code of the Village of Weedsport. Each day that a violation exists shall be deemed a separate violation and may be punished as such.
A.
The Board of Trustees of the Village of Weedsport may,
by resolution, establish fees and promulgate policies, procedures, rules and
regulations for the payment of such fees for the collection and/or disposal
of any waste materials and/or hazardous wastes, as defined in this chapter.
B.
Failure to pay any such fee within 30 days of the date
of an invoice therefor shall result in such fee becoming a lien upon the real
property serviced, to be collected in the same manner as real property taxes.
C.
The Board of Trustees of the Village of Weedsport may,
by resolution, establish fees for tags to be affixed to all bags of nonrecyclable
garbage and rubbish put out for curbside pickup, or other area designated
by the Village of Weedsport for pickup, and may, by resolution, promulgate
policies and procedures for the sale, purchase and use of such tags. Failure
to affix the appropriate tags to bags of garbage and rubbish shall be deemed
a violation of this chapter, and the Village of Weedsport shall not have any
obligation to collect such untagged garbage.
