[Amended 12-18-2001 by L.L. No. 11-2001]
Unless otherwise stated expressly, the following
words and expressions, where used in this chapter, shall have the
meanings ascribed to them by this section:
The type of solid waste normally collected and disposed of
in the Town, including but not limited to garbage, rubbish, offal,
appliances, furniture, bicycles and baby carriages, automobile or
small vehicle tires (to the extent that air and emission permits are
not violated), as well as processable portions of commercial waste
and logs if no more than four feet long and/or six inches in diameter,
and yard wastes; except, however, that unacceptable waste and hazardous
waste and recyclable materials are excluded.
Empty all-aluminum beverage and food containers.
Includes any stove, washing machine, dryer, freezer, refrigerator
or other household device or equipment abandoned, junked, discarded,
wholly or partially dismantled, no longer intended or in condition
for ordinary use for the purpose for which it was originally designed.
The residue from the burning of wood, coal, coke or other
combustible materials.
That certain mass burn resource recovery and electric generation
facility owned by the Town of Babylon located at Gleam Street in Wyandanch
in the Town, operated, maintained and managed by Covanta Babylon,
Inc., pursuant to the service agreement.
Empty food and beverage containers consisting of ferrous
sides and bottoms and an aluminum top.
Implements measures to seal the thermal envelope of a building
and install energy-efficient equipment to measurably reduce energy
waste.
[Added 8-6-2008 by L.L. No. 20-2008]
Any vehicle licensed by the Town of Babylon Sanitation Commission
to operate commercially within the Town for the purpose of collecting
and transporting garbage, rubbish, ashes, refuse, liquid waste or
recyclable material or any other waste material, except hazardous
waste, as defined pursuant to regulations promulgated under the New
York State Environmental Conservation Law, Article 27, and/or the
Federal Resource Conservation Recovery Act (RCRA) of 1976.
Those properties used primarily for commercial or industrial
purposes and those multiple-dwelling residential buildings containing
more than three dwelling units.
All acceptable waste generated within the territorial limits
of the Town which is not residential waste.
The Sanitation Commission created pursuant to the terms of Chapter 57, Sanitation Commission.
Nonputrescible building and street construction materials
discarded as a result of the erection or dismantling of a pavement,
building, dock, fence, street or similar structure.
The entity or entities designated by the Town which, collectively,
have the duty and responsibility for collection of residential and/or
commercial waste within the confines of the improvement area.
Is certified to comprehensively assess the energy performance
of a building.
[Added 8-6-2008 by L.L. No. 20-2008]
The dividing line between the street and a lot.
[Added 6-3-2003 by L.L. No. 8-2003]
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food and readily
combustible material such as paper, cardboard, wood, excelsior and
cloth; also food cans, glass food containers and bottles; also dead
birds, cats, dogs and other small animals.
That portion of solid waste which, by reason
of its composition or characteristics, is "hazardous waste" as defined
in the Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.,
and the regulations thereunder or in the New York Environmental Conservation
Law, § 27-0901, Subdivision 3, and regulations promulgated
thereunder, and any succeeding legislation or regulations or amendments
to the foregoing.
In the event that the resource recovery plant
is operational, any other material which any governmental agency or
unit having appropriate jurisdiction shall determine from time to
time is harmful, toxic or dangerous or otherwise ineligible for disposal
through the facility.
The owner, lessee or occupant of any residence.
The buildings and premises outside the incorporated villages
which the Town of Babylon has designated as included within the residential
garbage improvement area or the commercial garbage improvement area
as authorized by Article 5 of the Town Law, as well as the areas within
any incorporated village within the Town which a Village Board has
authorized for inclusion within the improvement area.
Any person duly appointed as such.
Bottles and jars made of clear or colored glass. Expressly
excluded are noncontainer glass, plate glass, blue glass and porcelain
and ceramic products.
Includes 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; any abandoned, junked, discarded,
wholly or partially dismantled motor vehicle no longer intended or
in condition for legal use on the public highways.
Paper of the type commonly referred to as "newspaper" and
distributed at fixed intervals, having printed thereon news and opinions,
containing advertisements and other matters of public interest. Expressly
excluded, however, are newspapers which have been soiled.
Includes the placing, maintaining or keeping of any solid
waste, motor vehicle, appliance, rubbish or debris, as the same are
defined herein, in a place other than a structure with a roof and
fully enclosed on all sides.
Includes the person having legal title to property and also
the person shown as the owner of the property on the current assessment
rolls of the Town.
Includes an individual, partnership, corporation or other
legal entity.
Any person, firm or corporation engaged in the business of
collecting and transporting garbage, ashes, refuse, recyclable material
or any other solid waste material.
Any real estate other than that used as a public road, street
or highway.
Any material source-separated from the solid waste stream
so designated in regulations adopted by the Town from time to time,
generally limited to materials which can be recovered, processed and
reused for the original or a different purpose, which shall include
but not be limited to paper and paper products, cardboard, metals,
glass and plastic containers. In no event shall material contaminated
by garbage, refuse, residue from source separation and/or other solid
waste be considered a "recyclable material."
Waste which must be accepted for processing by a recycling
contractor at a particular recycling facility under the terms of a
recycling service agreement.
The twenty-gallon plastic containers approved by the Town.
Any person, firm, corporation or other entity providing any
recycling or related services to the Town or to any entity under contract
with the Town.
The facility designated by the Town by resolution of the
Town Board as approved for receiving and processing one or more types
of recyclable materials.
Any agreement between the Town and a recycling contractor
under which a recycling contractor is obligated to provide recycling
or related services to or for the benefit of the Town or to any entity
under contract with the Town.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish and ashes.
Any occupied single-family or multifamily dwelling having
up to three dwelling units per structure.
All acceptable waste and recyclable materials generated by
households included in the improvement area.
Includes ordinary household or stored trash of an inflammable
character, such as barrels, cartons, boxes, crates, furniture, rugs,
clothing, rags, mattresses, blankets, small tree trimmings, small
stumps and similar garden waste; small dead animals, hay fodder, feed,
meal or other discarded animal or vegetable matter originally intended
for animal consumption; planting mill waste, shavings, sawdust and
such other materials not otherwise defined herein as may be readily
consumed by incineration.
That certain service agreement, dated as of December 1, 1985,
as amended and restated August 1, 1995, by and between the Town of
Babylon and Ogden Martin Systems of Babylon, Inc., now known as Covanta
Babylon, Inc., (the company), with respect to the delivery of acceptable
waste by the Town and the processing thereof by the company at the
Babylon resource recovery facility and the operation, management and
maintenance of the Babylon resource recovery facility by the company,
as such agreement may be extended, modified or supplemented.
Any discarded material or substances, including but not limited
to garbage, refuse, sludges from air or water pollution control facilities
or water supply treatment facilities, rubbish, ashes, contained gaseous
materials, incinerator residue, demolition and construction debris,
offal and other discarded materials and substances resulting from
industrial, commercial, mining and agricultural operations and from
community activities, or the carbon component (or "content of") in
energy waste, but not including sewage and other highly diluted water-carried
materials or substances or those in gaseous form or solid or dissolved
materials or irrigation return flows or industrial discharges or source
or any special nuclear or by-product materials within the meaning
of the Atomic Energy Act of 1954, as amended.
[Amended 8-6-2008 by L.L. No. 20-2008; 4-22-2009 by L.L. No. 4-2009]
The Supervisor of the Town or, if designated as such in a
certificate of the Supervisor, which may from time to time be modified
or revoked by the Supervisor and shall be filed with the Town Clerk,
a Deputy Supervisor or other public officer of the Town.
Dividing solid waste into some or all of its component parts
at the point of generation, including the separation of recyclable
materials from each other or the separation of recyclable material
from solid waste.
The Town of Babylon, Suffolk County, New York.
The Town Board of the Town.
The Town Clerk of the Town.
That portion of solid waste excluding hazardous waste, but
including, without limitation, explosives, pathological and biological
waste, radioactive materials, ashes, foundry sand, sewage, sludge,
cesspool and other human waste, human remains and large animal carcasses,
motor vehicles, including such major motor vehicle parts as automobile
transmissions, rear ends, springs and fenders, agricultural and farm
machinery and equipment, marine vessels and major parts thereof, any
other large machinery or equipment (excluding appliances in residential
waste), liquid wastes or nonburnable construction materials and/or
construction and demolition debris that the Town agrees or determines
may present a substantial endangerment to the public health or safety,
may cause applicable air quality or water effluent standards to be
violated by the normal operation of the Babylon resource recovery
facility, the landfill or the recycling facility or has a reasonable
possibility of adversely affecting the operation of the Babylon resource
recovery facility, the landfill or the recycling facility, unless
such unacceptable waste is delivered in minimal quantities and concentrations
as part of normal collections.
Solid waste consisting of plant matter resulting from landscaping
activities, and including but not limited to such items as lawn clippings,
tree trimmings, fallen leaves, prunings, grass clippings, weeds and
garden wastes.
