Town of Elma, NY
Erie County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Elma as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Dumps and dumping — See Ch. 68.
Zoning — See Ch. 144.
[Adopted 11-20-1991 by L.L. No. 2-1991]

§ 119-1 Assessment, payment and collection of fee; amount.

A. 
A refuse fee shall be paid by all residential property owners where a home has been constructed. Said fee will be assessed on a per-unit basis in the following manner: property owners age 65 and over, one unit; single-family home, two units; two-family home, three units; and multiple dwellings, one unit per apartment. Said fees will be due and payable on the county tax bill. The Town Board will have the authority to collect said charges that remain unpaid after the due date of the county tax bill.
B. 
The amount to be charged as a refuse fee, pursuant to this section, shall be determined from time to time by resolution of the Town Board.
[Adopted 8-5-1992]

§ 119-2 Purpose.

Whereas the reduction, reuse and recycling of solid waste are important public concerns and will aid in the protection and preservation of the environment; and whereas the Solid Waste Management Act of 1988[1] mandates passage of a source-separation ordinance to be passed by each local municipality within New York State by September 1, 1992, to require that solid waste shall be separated into recyclable, reusable or other components for which economic markets for alternate uses exist; now, therefore, be it resolved that the Town of Elma establishes mandatory recycling within this municipality.
[1]
Editor's Note: See General Municipal Law § 120-aa, Subdivision 2a.

§ 119-3 Definitions.

Unless otherwise stated expressly, the following words and expressions, where used in this article, shall have the meanings described to them by this section:
AUTHORIZED COLLECTOR
A person, employee or employer or agent thereof authorized by contract or license with the Town of Elma to collect solid waste from residential, commercial and institutional properties as herein defined under the terms and conditions of this article.
BATTERY
Lead-acid batteries, each with a capacity of six or more volts which contain lead and sulfuric acid and which are used as a power source in a motor vehicle. "Batteries" are hazardous waste.
BULKIES
Large items such as sofas, upholstered chairs, mattresses and box springs, but excluding white goods.
CAN
Metal cans made of tin, aluminum or other ferrous or nonferrous or composite cans and containers used for food or beverages. All metal "cans" shall be rinsed of contaminants but labels need not be removed.
CARDBOARD
Wood-pulp-based material which is usually smooth on both sides with a corrugated center. It shall also mean box, board or paperboard having the same material and characteristics as cardboard, but without a corrugated center. It shall not mean wax-coated or glossy or soiled cardboard.
COLLECTOR
Any person who picks up solid waste and transports that solid waste for hire to a solid waste disposal facility, recycling center or transfer station for recycling or disposal.
COMMERCIAL PROPERTY
Any residence which is not covered in "residential property" or which is defined in the Elma ordinances, § 144-72A(2) through (17) and § 144-72B.
COMMERCIAL WASTE
Solid waste generated by stores, offices, institutions, restaurants, warehouses and nonmanufacturing activities at industrial facilities.
CONSTRUCTION AND DEMOLITION DEBRIS
Waste resulting from construction, remodeling, repair and demolition of structures, road building and land clearing. Such wastes include but are not limited to roofing materials, bricks, concrete and other masonry materials, soil, rock, lumber, road spoils, paving material and tree or brush stumps.
DIRECTOR OF SANITATION
Shall be appointed by the Town Board to effect the provisions of this article and shall be fully responsible for effecting measures to carry out the intent of the law.
GLASS
All clear (flint), green and brown (amber) colored glass containers. It shall not mean mirrors, auto glass, milk-white glass, window glass, light bulbs, cookware, pyrex, crystal or ceramics.
HAZARDOUS WASTE
Waste as defined in § 27-0903 of the Environmental Conservation Law; source, special nuclear or by-product material as defined in the United States Atomic Energy Act of 1954; and low-level radioactive waste as defined in § 29-0101 of the Environmental Conservation Law.
HOUSEHOLD WASTE
Solid waste discarded from single or multiple dwellings, hotels, motels, campsites, public and private recreation areas and other residential sources.
INDUSTRIAL PROPERTY
Property which is used for those uses permitted in the Elma Town ordinances, § 144-88B.
INDUSTRIAL WASTE
Industrial/commercial waste pursuant to Environmental Conservation Law § 27-0303 and such rules and regulations as may be promulgated by the Department of Environmental Conservation (DEC) consistent therewith.
INSTITUTIONAL PROPERTY
Property which houses a church, school, hospital, nursing home or the like.
MOTOR VEHICLE
Any and all vehicles propelled or drawn by power, other than muscular power, intended for use on public highways; any unregistered, old or secondhand motor vehicle or trailer; any motor vehicle in such condition or state of repair that it cannot be licensed immediately without extensive repair; and any abandoned, junked, discarded, wholly or partially dismantled motor vehicle no longer intended or in condition for legal use on the public highways.
NONHAZARDOUS WASTE
All waste which is not included in the definition of hazardous waste.
NONRECYCLABLE WASTE
All waste not included in the definition of recyclable waste.
PAPER
All high-grade office paper, fine paper, bond paper, office paper, xerographic paper, mimeo paper, duplication paper, magazines, paperback books, school paper, catalogs, junk mail, computer paper, telephone books and similar cellulose materials and newspaper, but shall not mean wax paper, plastic or foil-coated paper, Styrofoam, wax-coated food and beverage containers, carbon paper, blueprint paper, food-contaminated paper, soiled paper and cardboard.
PERSON
One or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies, clubs, fraternal orders and all other entities of any kind capable of being sued.
PLASTIC
All high-density polyethylene (HDPE) and polyethylene terephthalate (PET) plastic clean of contaminants, with tops removed. If crushed, these containers do not break. The following "plastic containers" are acceptable: detergent bottles, plastic liquor bottles, peanut butter jars, soda bottles, milk and juice containers, shampoo containers and similar items. This term excludes all film, vinyl, foam plastic containers, yogurt, cottage cheese and pudding-type containers, pens, tops, bags and hard plastic containers or items.
RECYCLABLE CAN
Defined in the same manner as "can."
RECYCLABLE CARDBOARD
Corrugated cardboard.
RECYCLABLE GLASS
Clear, green or amber food and beverage containers only.
RECYCLABLE PAPER
Newspapers and magazines.
RECYCLABLE PLASTIC
Plastic soda, juice and liquor bottles; plastic milk, water and cider jugs; plastic laundry and dish detergent bottles; plastic bleach bottles; and containers with the triangular arrow sign on the bottom.
RECYCLABLE WASTE
Those materials specified by the Town to be recycled. The list of materials is specified in any recycling regulations generated by resolution of the Town Board and may be reviewed as deemed necessary by the Town Board, and generally consists of any material designated from time to time by resolution of the Town Board which is separated from the waste stream and held for its material recycling and reuse value.
RECYCLING FACILITY
A facility designated by the Town for receiving and processing one or more types of recyclable materials.
RESIDENCE
Any structure which is used primarily for dwelling and which is in the geographic limits of the Town of Elma, when such structure is used primarily for residence by the owners thereof and is not used primarily to generate income. Should it be used to primarily generate income, then it will be designated as commercial property.
SOLID WASTE MATERIAL
All recyclables and nonrecyclables which make up the waste stream. "Solid waste material" does not include material treated separately as hazardous waste under § 27-0903 of the 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 Environmental Conservation Law.
SOURCE SEPARATION
The segregation of recyclable materials from the solid waste stream at the point of generation for separate collection, sale or other disposition.
TIRES
Tires from cars, trucks and other motor vehicles.
TOWN
The Town of Elma, Erie County, New York.
TOWN BOARD
The duly elected and constituted legislative body of the Town of Elma, New York.
TRANSFER STATION
That facility where persons and collectors, as defined herein, transfer possession of solid waste to the Town for disposal or recycling.
TREE AND BRUSH PARTS
Whether coniferous or deciduous, are disposable and recyclable except for stumps of trees or brush which shall be disposed of as "construction debris."
WHITE GOODS
Major appliances such as refrigerators, freezers, water heaters, stoves, washing machines, dryers and dishwashers. It shall also mean metal heating or cooling systems and the components thereof.
YARD WASTE
Solid waste consisting of plant matter resulting from landscaping activities, including but not limited to such items as lawn clippings, tree trimmings, fallen leaves and weeds, but excluding tree and brush parts.

§ 119-4 Collection, conveyance and disposal of solid waste required.

All solid waste accumulated on any residential, commercial and institutional property in the municipality must be collected, conveyed and disposed of in accordance with the provisions of this article. It shall be unlawful for any person to collect and/or dispose of any solid waste within the Town of Elma except as provided in this article.

§ 119-5 Source separation of recyclable materials required.

Solid waste generated or originated in the Town of Elma which has been left for private collection shall be source-separated in accordance with the regulations of the Town of Elma and shall be the responsibility of the generator and the private collector of such solid waste. Such private collectors shall provide the Town with a copy of their plan to implement said source separation and recycling not later than September 1, 1992, so that said plans may be reviewed and thereafter incorporated in the Town regulations on recycling.

§ 119-6 Acceptance of hazardous waste prohibited.

The Town of Elma will not accept at its transfer station any hazardous waste.

§ 119-7 Transfer station containers.

It shall be a violation of this article for any person to place in any container at the transfer station maintained by the Town of Elma materials other than those which are nonhazardous, nonrecyclable waste or recyclable waste. The following items will be placed in separate bins provided by the Director of Sanitation at the transfer station located in the Town of Elma:
A. 
Recyclable paper.
B. 
Recyclable glass which must be rinsed.
C. 
Recyclable cans which must be rinsed but need not have the labels removed.
D. 
Recyclable plastic.
E. 
Recyclable cardboard.

§ 119-8 Collection and disposal of construction and demolition debris, white goods and bulkies.

A. 
The Director of Sanitation shall determine, subject to the approval of the Town Board, schedules for the collection of construction and demolition debris, major appliances and large household furnishings.
B. 
No person shall place or store construction and demolition debris with nonhazardous recyclable or nonrecyclable waste. The person creating construction and demolition debris shall remove the same and dispose of the same in a sanitary manner.
C. 
Any and all debris from work done by a contractor must be removed by the contractor that did the work. The Town will not collect any construction or demolition debris.
D. 
All white goods or bulkies which are to be discarded from a residence where the white goods or bulkies were actually in use shall be taken to the transfer station. It shall be the sole responsibility of the owner to dismantle the white goods or bulkies so that they will not be a safety hazard to the public. In this respect, doors shall be removed from the white goods before placing them at the transfer station.
E. 
The Town shall have no obligation to pick up and remove any construction and demolition debris, white goods or bulkies which are not used in a residence in the Town of Elma.
F. 
The Town employees and/or equipment shall not enter private property or structures in making collections.
G. 
Nothing herein shall prevent any person from making arrangements for the private collection, sale or donation of recyclable materials.

§ 119-9 Collection and disposal of brush and tree parts.

A. 
The Director of Sanitation is authorized to provide for the collection of brush and tree parts at such times and in such manner that the Town Board shall from time to time provide.
B. 
The authorization provided in the preceding subsection shall apply only to brush and tree parts produced by the individual activity or efforts of the owner or occupant of the premises.
C. 
Brush and tree parts produced by commercial contractors must be removed from the premises by the contractor or by the owner or occupant of the premises at his expense. Such brush and tree parts may not be placed at or near the curb or street right-of-way, except temporarily as may be necessary in the course of the work which produced the brush and tree parts.
D. 
The Town of Elma will not collect or remove brush or tree parts produced by commercial contractors.

§ 119-10 Yard waste.

A. 
The Director of Sanitation is authorized to provide for the collection of yard waste at such time and in such manner as the Town Board shall from time to time provide.
B. 
The authorization provided for in the preceding subsection shall apply only to yard waste produced by the individual activity or efforts of the owner or occupant of the premises.

§ 119-11 Tires.

Tires shall be disposed of only at the Town transfer station upon payment of a fee as may be determined from time to time by resolution of the Town Board.

§ 119-12 Authorized collectors; license required.

A. 
All authorized collectors must obtain a solid waste collection license from the Town of Elma. A fee for such license shall be set by the governing body on an annual basis, 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.
B. 
An authorized collector sticker shall be prominently displayed on each vehicle operated by or on behalf of the authorized collector.
C. 
Authorized collector applications may be denied if the applicant or licensee has been adjudged or administratively determined to have committed one or more violations of this article during the preceding calendar year.
D. 
All authorized collectors licensed by the Town of Elma shall indemnify and hold harmless the Town of Elma for any pending, threatened or actual claims, liability or expenses arising from waste disposal by the authorized collector in violation of this article.
E. 
Authorized collectors shall offer collection of services for all recyclable materials to all residential, commercial, industrial and institutional customers from whom they provide solid waste collection services.
F. 
Each collector who shall apply for a license under this section shall state the manner of collection and the place and method of disposal of the solid waste and recyclable materials from its residential, commercial, industrial and institutional customers.
G. 
Monthly reports.
(1) 
Each collector shall maintain separate monthly records of solid waste and recyclable materials collected, transported or disposed of by the authorized collector, which 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(s) and the location of the same.
(d) 
The quantity, by ton, of solid waste delivered to each facility.
(2) 
Reports containing the information required as stated above shall be compiled and delivered to the Town Director of Sanitation or other designated individual for each reporting period as designated by the regulations; however, such reporting period shall be no more frequently than quarterly.
H. 
Authorized collectors shall not accept for collection solid waste which has not been source-separated in conformity with this article.

§ 119-13 Failure to comply; enforcement procedure; inspections and appearance tickets.

A. 
When the employees or officials designated by the Director of Sanitation or the Director of Sanitation determines that a failure to comply with this article has occurred, the Director of Sanitation shall recommend to the municipality that the authorized collector application or license be denied, suspended or revoked or its holder subjected to a reprimand or fine or that the generator or originator of the solid waste or recyclable materials be subject to sanctions, fines and penalties as described herein. Notice and opportunity to be heard shall be provided prior to the denial, suspension or revocation of a solid waste license or authorized collector permit or the issuance of a sanction, fine or penalty.
B. 
Notice. The Director of Sanitation shall notify the effected generator, applicant or licensee of the alleged failure, in writing.
(1) 
The notice shall include the following:
(a) 
A statement of the condition allegedly violated, referring to the pertinent ordinance, law, rule or regulation.
(b) 
A short and plain statement of the alleged misconduct, including the date and approximate time.
(c) 
A statement of the time, place and nature of the hearing.
(2) 
The notice shall be personally served or sent by registered mail to the generator, applicant or licensee at his last known address, at least 10 days before the hearing date, with a copy to the Town Board.
C. 
Hearing. A hearing shall be held before the Town Justice within a reasonable period, which shall be at least 10 days after service of the notice. The generator, applicant or licensee may be represented by counsel at the hearing and may offer evidence and cross-examine witnesses. Within 20 days after the close of the hearing, the Town Justice shall determine whether the alleged failure to comply with this article has occurred; and if the Town Justice determines that such a failure has occurred, decide whether the generator, applicant or licensee shall be subject to a fine or penalty, or both, whether the application shall be denied or an existing solid waste license or authorized collector's status be suspended or revoked or its holder subjected to a reprimand and issue an order carrying out this decision.
D. 
Determinations, decisions and orders. Disposition may be made by stipulation, agreed settlements, consent order, default or other informal method. The Town Justice shall promptly notify the generator, applicant or licensee, in writing, of the final determination, decision or order.
E. 
Enforcement.
(1) 
Inspections and appearance tickets. All portions of vehicles and containers used to haul, transport or dispose of solid waste materials, including such containers placed outside residential, commercial, industrial and institutional sites, shall be subject to inspection to ascertain compliance with this article.

§ 119-14 Unauthorized disposal of solid waste prohibited.

No person shall cart to, dump or deposit any solid waste upon any property in the Town except under the authorization, supervision and direction of the Director of Sanitation. The Director of Sanitation, a police officer or such other person as may be designated by the Town Board is authorized and directed to enforce this section and to cause collections to be made accordingly.

§ 119-15 Penalties for offenses.

A. 
During any 12 consecutive months, the failure of any person engaged in the business of collecting solid waste and/or recyclable materials or rendering solid waste and/or recycling services who is not authorized by the Town or who collects, picks up, removes or causes to be collected, picked up or removed solid waste or recyclable materials in a manner not in compliance with this article shall be guilty of a violation, punishable by a fine of not less than $200 and not exceeding the sum of $1,000 or by imprisonment for a term not exceeding 15 days, or both. Each day such violation occurs or continues shall constitute a separate offense.
B. 
A waste generator who fails to comply with the provisions of this article shall be guilty of a violation, punishable as follows:
(1) 
For the first violation: a written warning clearly stating the nature of the violation and the schedule of fines for future violations.
(2) 
For the second violation within one year: by a fine of not less than $50 nor more than $100.
(3) 
For the third violation within one year: by a fine of not less than $100 nor more than $150.
(4) 
For the fourth and each subsequent violation within one year: by a fine of not less than $150 nor more than $300.
C. 
Any penalties of damages recovered or imposed under this article are in addition to any other remedies available at law or in equity.
D. 
No penalties, fines, civil sanctions or other enforcement actions will be commenced prior to January 1, 1993, in order to permit persons regulated hereunder to come into compliance with this article.