This chapter shall be known as the "Mandatory
Recycling Law of the Village of Williamsville."
The Village of Williamsville finds that:
A. Methods of waste management emphasizing source reduction,
recovery, conversion and recycling of wastes are essential to the
long-range preservation of the health, safety, and welfare of the
public, to the economic productivity and environmental quality of
the Village of Williamsville and to the conservation of resources.
B. The New York State Solid Waste Management Act of 1988!BFN!Editor's
Note: In regard to municipalities, see § 27-0107 of the
Environmental Conservation Law.!EFN! requires that municipalities
adopt a local law or code for the separation of waste into recyclable,
reusable or other components for which economic markets for alternate
uses exist.
This chapter is enacted for the following purposes:
A. To preserve the long-range health, safety and welfare
of the public and the economic productivity and environmental quality
of the Village of Williamsville by conserving resources and reducing
potential pollution of the environment.
B. To establish methods of collection, reduction and
separation to encourage effective reuse of wastes.
As used in this chapter, the following words,
terms or phrases shall have the meanings indicated:
AGRICULTURAL USES
The development and cultivation of the soil for the planting
of trees, fruits, vegetables or flowers.
APPEARANCE TICKET
A written notice issued and subscribed to by a duly authorized
person directing a designated person to appear in a designated local
criminal court at a designated future time in connection with an alleged
commission of a designated offense. A notice conforming to such definition
constitutes an "appearance ticket" regardless of whether it is referred
to in some other provision of law or by any other title.
COLLECTION
The act of picking up recyclable material from the public
right-of-way abutting homes, businesses or industrial sites.
COMPOST
Organic material which may be reduced to humus through organic
activity.
COMPOSTING
A process through which organic materials, such as grass
and leaves, are reduced to humus through organic activity.
CORRUGATED CARDBOARD
Heavy paper items normally used for packaging, mailing, shipping
or containing goods, merchandise or other material, but excluding
plastic, foam or wax-coated or soiled contaminated heavy paper items.
GARBAGE
All table refuse, animal and vegetable matter, offal from
meat, fish and fowl, vegetables and fruits and parts thereof (and
materials ordinarily used for food which have become unfit for such
use or which, for any reason, have been discarded), including market
refuse and waste from handling, storage or sale of produce.
GLASS CONTAINERS
All clear (flint), green and brown (amber) colored glass
containers, excluding crystal; ceramic; light bulbs; plate, window,
laminated, wired or mirrored glass; and glass cookware.
LEAD ACID BATTERY
The type of electrical storage battery commonly used in automobiles
and trucks.
MAGAZINE
Any type of magazine which would be normally delivered through
the mail or purchased at a newsstand. Excluded are large glue-bound
catalogs, telephone books, periodicals or hardbound printed material.
NEWSPAPER
Paper of the type commonly referred to and known as "newsprint"
and delivered at stated intervals, usually daily or weekly, having
printed thereon news and opinions, containing advertisements and other
information or communication; periodicals and paper that have a shiny
or wax-coated surface.
NONRECYCLABLE REFUSE AND RUBBISH
All waste material discarded as useless or worthless trash,
including but not limited to rags, sweepings, rubber, leather, crockery,
shells, clothing, straw, dirt and ashes.
PAINT
A substance composed of solid coloring matter suspended in
a liquid medium and applied as a protective or decorative coating
to various surfaces or to canvas or other material.
PERSON
Any corporation, firm, partnership, association, organization
or other entity, as well as an individual.
PLASTIC CONTAINERS
Empty plastic food and beverage containers, as defined by
the recycling regulations, including but not limited to containers
used for milk, detergent, apple cider, water, soft drinks and vegetable
oil.
PORTABLE TRANSFER CONTAINERS (Dumpsters)
Any premises that requires, on a regular basis, more than
five (5) containers or bags for its garbage and refuse shall be required
to secure a "portable transfer container" for all excess over five
(5) containers. It shall be the responsibility of the owner or occupant
to contract privately for the securing of said container service for
the excess material.
PUBLIC RIGHT-OF-WAY
The land abutting a given premises between the sidewalk and
curb or the land beyond the pavement or stone of the road, street,
alley or highway as surveyed or laid out in the records of the Superintendent
of Public Works.
RECYCLABLE MATERIAL
All material specified by the Village of Williamsville for
collection pursuant to this chapter and/or the recycling regulations
promulgated hereunder, including but not limited to cans, glass containers,
newspapers, plastic and corrugated cardboard.
RECYCLING CONTAINER
A rectangular container in which to store and carry recyclable
material to the public right-of-way for collection.
RECYCLING REGULATIONS
Rules pursuant to this chapter set forth by the Village Board
of Trustees to implement the program established and known, pursuant
to this chapter, as the "Village of Williamsville Mandatory Recycling
Law."
REFUSE OFFICER
An employee of the Village of Williamsville designated to
oversee the collection of garbage, rubbish, trash, debris and recyclables.
SOURCE SEPARATION
The separation of recyclable materials from the waste stream
at the point of waste generation.
TIRES
Rings or bands of rubber, either solid or hollow and inflated,
placed over the rims of wheels to provide traction, resistance to
wear or other properties, limited to passenger cars and light vehicles.
USED OIL
Any motor previously used in machinery, but not including
other petroleum fluids.
WASTE
Products and materials to be discarded after use from any
premises within the Village of Williamsville.
YARD WASTE
Grass, leaves, brush, plants, weeds or dirt materials from
vegetable and flower gardens, lawns and yards; or ash from fireplaces
or wood stoves.
There is hereby established a program for separation
and preparation for the collection of waste material. The program
shall be under the supervision of the Village of Williamsville Department
of Public Works, which shall make rules and regulations for its implementation
subject to the approval of the Village Board. Such rules and regulations
shall be known as the "Village of Williamsville Mandatory Recycling
Law."
All recyclable material placed in accordance
with this chapter for collection in a public right-of-way shall be
prepared as follows:
A. Recyclable material shall be placed in recycling containers
as follows:
(1) Newspapers shall be placed in recycling containers
or placed in paper bags.
(2) Corrugated cardboard shall be flattened and securely
tied in bundles weighing not more than fifty (50) pounds. All tape,
staples and strappings shall be removed, and sections shall be broken
into pieces not larger than three by three (3 x 3) feet.
(3) Cans, glass containers and plastic containers shall
be rinsed of the original contents. Caps and rings shall be removed
from glass containers.
(4) No materials other than recyclable material prepared
in accordance with this chapter shall be placed in a recycling container.
(5) The Village Board of Trustees may, by Board resolution,
change the recycling items, based on market conditions. A complete
list of acceptable materials is available at the Village Clerk's office.
(6) All materials placed in the green recycling box shall
be secured in such a manner as to prevent scattering of the contents.
(7) In the event that the village-provided green box is
damaged or destroyed, replacement or additional green boxes will be
available from the Village Clerk at a cost to be established by resolution
of the Board of Trustees.
(8) Recyclable materials shall not be commingled with
other solid waste during collection, transportation or storage following
collection.
(9) Collectors collecting residential, commercial and/or
institutional municipal solid waste generated within the Village of
Williamsville shall refuse to collect municipal solid waste from any
person or party who has clearly failed to source-separate the recyclable
materials and/or who has not properly prepared the recyclable materials
to the specifications of the collector. A written explanation shall
be provided to the person or party of the reason for the refusal of
collection of the materials by the collector.
(10) Recycling containers which have been distributed free
of charge to village residents remain the property of the Village
of Williamsville and are not to be removed from the premises.
B. Leaves, brush and tree parts.
(1) During the months of October, November and December,
leaves may be placed in piles not exceeding six (6) feet in diameter,
at the curb or pavement line, but shall not be placed on the paved
portion or any street. At all other times of the year, leaves and
similar material must be suitably bagged or placed in an appropriate
container.
(2) Tree logs larger than four (4) inches in diameter
shall be cut to a length not to exceed two (2) feet and placed at
the curb for collection.
(3) Tree branches not exceeding four (4) inches in diameter
shall be cut to a length not to exceed six (6) feet and placed at
the curb for collection with the butt ends of the branches facing
the same direction.
(4) Tree trimmings, shrubs or vines not exceeding one-half
(1/2) inch in diameter shall be cut and placed in suitable containers
or bags and placed at the curb for collection. In no event shall any
container or bag exceed sixty-five (65) pounds in weight.
(5) Holiday trees may be placed at the curbline or pavement
line for collection in December and January without being cut and
bundled as otherwise herein required.
Any recyclable material within a public right-of-way
for collection by the village shall become the property of the village.
No person, unless acting under authority of the village or its authorized
agent, shall collect, pickup or remove or cause to be collected, picked
up or removed any recyclable material so placed for collection; each
such unauthorized collection pickup or removal shall constitute a
separate violation of this chapter; provided, however, that where
the village has refused to collect recyclable material because it
has not been placed or prepared according to the provisions of this
chapter, the person responsible for initially placing that material
shall remove it from the public right-of-way.
Where the village has not collected recycled
material because it was not placed or prepared in accordance with
the provisions of this chapter, the person in control of the premises
whereon the recycled material was generated shall remove such material
as soon as possible after the village or designated contractor has
refused collection and, in any event, by 7:00 p.m. of the designated
collection day. The failure to remove any such material by 7:00 p.m.
of the designated collection day shall constitute a violation of this
chapter.
Every person who shall engage in the business
of collecting recyclable material within the village shall use for
that purpose a vehicle so constructed as to prevent the escape of
any such recycled material. Such a vehicle shall, at all times, when
not necessarily opened for the purpose of depositing the material
collected therein, be kept securely covered.
All employees or agents of the village, including
those under contract to collect waste, are hereby authorized to report
each and every violation of this chapter to the Department of Public
Works.
When a designated public official determines
that a failure to comply with this chapter may have occurred, she
or he shall recommend to the Mayor that the authorized collector's
application or the license be denied, suspended or revoked or its
holder be subjected to a reprimand or fine or that the generator or
originator of the solid waste or recyclable materials be subject to
sanctions, fines or penalties as described herein. Notice and an opportunity
to be heard shall be provided prior to denial, suspension or revocation
of a solid waste license or authorized collector permit or the issuance
of a sanction, fine or penalty.
A. Notice.
(1) The Mayor shall notify the affected generator, applicant
or licensee of the alleged failure, in writing. 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.
(c)
A statement of the time and place of the hearing.
(2) The notice shall be personally served or sent, by
registered mail, to the generator's; applicant's or licensee's last
known address, at least ten (10) days before the hearing date, with
a copy to the administrator.
B. Hearing.
(1) Any hearing shall be conducted by the Village Mayor
within a reasonable period which shall be at least ten (10) days after
the service of notice.
(2) The generator, applicant or licensee may be represented
by counsel at the hearing and may offer evidence and cross-examine
witnesses.
(3) Within twenty (20) days after the close of the hearing,
the Mayor shall:
(a)
Determine whether the alleged failure to comply
with this chapter has occurred; and
(b)
If the Mayor determines that such a failure
has occurred, decide whether the generator or applicant shall be subject
to a fine or penalty, whether the applicant shall be denied or whether
existing solid waste license or authorized collector status shall
be suspended or revoked or its holder subjected to a reprimand and
shall issue an order carrying out this decision.
C. Determination, decisions and orders.
(1) Disposition may be made by stipulation, agreed settlements,
consent order, default or other informal method.
(2) The Mayor shall promptly notify the applicant or licensee,
in writing, of a final determination, decision or order.
If any section, sentence or part of this chapter
is adjudged unconstitutional or invalid, such judgment shall not affect,
impair or invalidate the remainder of this chapter.
This chapter shall take effect immediately upon
filing with the Secretary of State.