[Adopted 6-11-2001 by L.L. No. 3-2001[1]]
[1]
Editor's Note: This local repealed former
Art. IV, Solid Waste Disposal, adopted 5-14-1990 by L.L. No. 3-1990,
as renumbered by L.L. No. 2-2000.
A.ย
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 serves 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 provisions 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 Act which established the following solid waste hierarchy: waste reduction, reuse, recycling and waste-to-energy (see New York Environmental Conservation Law ยงย 27-0106) with land burial as a last resort only when reuse, recycling or waste-to-energy were unavailable. Section B-35 of the State Solid Waste Management Plan - 1997-1998 Update 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 ยงย 2045-e, Subdivisions 7 and 8, allows 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 Fayetteville 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 ยงย 86-28 herein. The basis of that determination is set forth in a separate resolution previously adopted by the Board of Trustees.
B.ย
This article 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.
C.ย
This article shall not:
(1)ย
Regulate or otherwise restrict any disposal of solid
waste generated within the Village that is to be disposed of out-of-state
or any handling of recyclable materials separated from the rest of
the solid waste in accordance with Onondaga County's Source Separation
Law; or
(2)ย
Regulate the price, route or service of any motor
carrier with respect to the transportation of property prohibited
by the Federal Aviation Administration Authorization Act of 1994,
as amended (49 U.S.C.A. ยงย 14501 et seq.).
As used in this article, the following definitions
shall have the meanings indicated:
The Onondaga County Resource Recovery Agency.
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.
The Onondaga County Waste-to-Energy Facility on Rock Cut
Road in the Town of Onondaga.
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.
The County of Onondaga.
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:
CORRUGATED PAPERCardboard containers, boxes and packaging, including pizza boxes, which are cleaned of contamination by food wastes or polystyrene commonly called "styrofoam," and which have been flattened for transport.
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.
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.
NEWSPAPERS, MAGAZINES AND CATALOGSIncludes common machine-finished paper made chiefly from wood pulp used for printing newspapers, as well as glossy inserts, magazines and catalogs. All must be free of contaminants.
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.
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.
KRAFT PAPERAs found in brown paper bags and package wrapping.
BEVERAGE CARTONSIncludes gabled topped paper cartons that contained milk and juice products.
PAPERBOARDPaper packaging as found in cereal, cracker and tissue boxes, etc., and toilet tissue and paper towel tubes.
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.
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.
The use of collection receptacles for residential, commercial,
and institutional solid waste generators and the regular periodic
pick up and transfer of the contents of such receptacles by a hauler
at the location of a waste generator.
A household residing in a dwelling of four units or less
and which is required to utilize recycling containers.
Any person, company or firm who engages in the collection,
transportation, disposal or delivery of solid waste within our Village.
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 thereof, as they may be amended from
time to time including, but not limited to:
CFR Parts 260servation and Recovery Act of 1976 (42 U.S.C. ยงย 6901 et seq., as amended by the Hazardous and Solid Waste Amendments of 1984) and the regulations contained in 40 CFR Parts 260 - 281;
CFR Parts 761nces Control Act (15 U.S.C. ยงย 2601 et seq.) and the regulations contained in 40 CFR Parts 761 - 766;
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);
Radioactive materials which are source, special
nuclear or by-product material as defined by the Atomic Energy Act
of 1954 (42 U.S.C.ยงย 2011 et seq.) and the regulations contained
in 10 CFR Part 40; or
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 are regulated as harmful,
toxic or hazardous to health and ineligible for processing at the
agency facility.
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.
A large and/or bulky household mechanism such as a refrigerator,
washer, dryer, stove, furnace or hot-water tank.
A private or public facility for receiving and processing
recyclables into marketable commodities.
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.
The license issued by the Village to a hauler as a prerequisite
to performing solid waste collection services within the Village's
municipal limits.
A natural person, association, partnership, firm, corporation,
limited liability company, trust, estate or governmental unit and
any other entity whatsoever.
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.
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 county-designated recyclable materials. Such containers
shall at all times remain the property of the Agency.
The Onondaga County Source Separation Law, Local Law No.
12, adopted March 6, 1989, as subsequently amended.
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.
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 shall not include recyclables, yard and garden waste, human
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, medical, 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.
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 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.
The Village of Fayetteville.
The Board of Trustees of the Village of Fayetteville.
The Clerk of the Village of Fayetteville.
Any person which produces solid waste requiring off-site
disposal.
Garden waste, leaves, grass clippings, weeds and brush.
It shall be a precondition of doing business
as a hauler in the Village that the person/firm intending to conduct
such business obtain a municipal hauler license and, if required by
resolution of the Village Board, a Village sticker. An application
on a form approved and provided by the Village must be submitted to
the Village Codes Enforcement Office in which the person satisfactorily
shall be bound by the following provisions:
A.ย
The hauler will deliver all of the nonrecyclable solid waste (residential and commercial) it collects within the Village and destined for disposal in the State of New York to the approved disposal site specified in ยงย 86-28 herein. It shall be unlawful to unload or deposit any solid waste hauled from any premises within the limits of the Village and destined for disposal in the State of New York at any place other than the approved disposal site specified by the Village in ยงย 86-28 herein. Any hauler failing to dispose of said solid waste at the approved disposal site so designated shall be subject to having its license revoked.
B.ย
The hauler will supply a plan of operation for collection
and transportation and which provides for a recycling plan as required
by Onondaga County Local Law No. 12 of 1989 as it applies to haulers,
which it shall adhere to and comply with. The hauler shall agree to
provide for the collection of county-designated recyclables in every
waste hauler disposal agreement, written or oral, as part of its standard
service and to include the cost of such collection in its standard
waste collection rates.
A.ย
If stickers are required, the hauler shall attach
a municipal sticker which must be visibly and securely affixed to
the driver's side vent window or upper part of the driver's side of
the windshield of each of the hauler vehicles in operation.
Municipal hauler licenses issued pursuant to
this article shall be effective for an annual term established by
resolution of the Board of Trustees.
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 solid waste in the Village that is inconsistent
with the continuation of said license. The Village may revoke a municipal
hauler license upon the happening of any or a combination of any failure
of the hauler to comply with any provisions of the article. Prior
to any such revocation, the hauler shall be notified by the Village
of an opportunity for a hearing in the matter, which hearing shall
be held not less than five days after the hauler is notified in writing
by the Village of the pending license revocation and the charges against
it. All hearings shall be on a date and time and at a place determined
by the Village. The hearing shall be informal and held before the
Village Mayor or his/her designee. Compliance with technical rules
of evidence shall not be required, and the decision of the Village
Mayor or his/her designee shall be final.
The Village hereby adopts as its source separation
legislation, required pursuant to the General Municipal Law ยงย 120-aa,
the Onondaga County Source Separation Law (i.e., Local Law No. 12
of 1989) as adopted by the Onondaga County Legislature and subsequently
amended under its terms.
A.ย
No hauler shall dispose of county-designated recyclable
materials picked up in our Village as solid waste nor shall any hauler
accept county-designated recyclable materials for disposal as solid
waste.
B.ย
Recycling containers shall at all times remain the
property of the Agency or Village, as the case may be, and are provided
for the use and convenience of eligible households in complying with
this chapter. No hauler shall:
(1)ย
Remove a recycling container from the Village;
(2)ย
Willfully destroy a recycling container;
(3)ย
Dispose of a recycling container other than by returning
such container to the Village at a designated location; or
(4)ย
Use a recycling container for other than the temporary
storage of county-designated recyclable materials.
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 any solid waste. 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 also from time to time establish fees to defray expenses
in connection with the fee for the municipal hauler license and administration
of this article. 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.
A.ย
In consideration of the Village issuing a municipal
hauler license to an applicant, the applicant shall agree, upon the
issuance of such license to the applicant, that the applicant shall
indemnify, hold harmless and defend the Village and its officers and
employees from and against any and all claims, demands, losses, damages,
costs, payments, actions, recoveries, judgments and expenses of every
kind, nature and description, including without limitation all engineers'
and attorneys' fees, fines, penalties and cleanup costs resulting
from any such claim, etc., arising out of or connected in any way
with the applicant's acting as a hauler or the applicant's involvement
or participation in the collection, distribution or transportation
of solid waste.
B.ย
The hauler, as a condition of obtaining a municipal
hauler license, shall provide and maintain the following insurance
coverages at limits to be set from time to time by resolution of the
Village of Fayetteville Village Board:
C.ย
The public liability policy aforementioned shall name
the Village of Fayetteville as an additional insured.
D.ย
Each policy of insurance shall be endorsed to contain
the following language: โThe Village will be given 30 days'
prior written notification of any cancellation, nonrenewal or modification
of this policy which reduces coverage or limits at the office of the
Clerk of the Village of Fayetteville.โ
E.ย
Prior to the issuance of any municipal hauler license,
the hauler must provide to the Village Codes Office proof of insurance
coverage in a form to be determined from time to time by resolution
of the Village Board.
Haulers shall not operate earlier than 6:00
a.m., nor later than 8:00 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.
The collection, removal, and carrying of solid
waste, recyclables and/or 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 hauler shall throw
or scatter or cause to be scattered or deposited or to escape from
the vehicle any solid waste or recyclables on the streets or public
places.
Yard and garden waste may not be accepted for
disposal at any 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.
Except as specifically permitted in this chapter,
no hauler shall deposit or cause to be deposited or stored for more
than one day upon any property any solid waste and/or recyclables,
and dumping thereof is hereby prohibited. No leachate or other obnoxious
or contaminating substance shall be allowed to drain from any hauler
vehicle on the public streets.
No hauler shall suffer or permit solid waste
to accumulate or remain upon private premises including extended storage
in hauler vehicles owned or operated by that hauler so that the same
shall emit odors or become offensive or dangerous to the public health
or to any person or property.
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 materials
within the limits of the Village, unless authorized to do so in writing
by the Village Board.
This article shall also apply to all special
events held in the Village. The sponsor of said events shall be responsible
for sorting all solid waste materials into appropriate containers
or bags and making all arrangements for pickup and disposal of all
solid waste materials. The hauler may charge a fee to be determined
by the Village Board for such pickups and disposal.
A.ย
In addition to any revocation of the municipal hauler's license pursuant to this article, each day's violation or failure to comply with the provisions of this article shall be considered a new and separate offense, and subject to the penalties set forth in ยงย 86-46 herein.
B.ย
In addition to the above-provided penalties and revocations,
or in lieu thereof, the Village Board may also institute and maintain
an action or proceeding in the name of the Village in a court of competent
jurisdiction to compel compliance with or to restrain by temporary
restraining order, preliminary and/or permanent injunction any violation
of this article.
C.ย
This article may be enforced by the Onondaga County
Resource Recovery Agency, the Village Code Enforcement Officer, the
Town of Manlius Police Department, the Superintendent of the Village's
Department of Public Works, the Onondaga County Sheriff's Department,
the New York State Police, the Department of Environmental Conservation
Officers and all local law enforcement agencies.
[Amended 1-23-2012 by L.L. No. 4-2012]
See Ch. 113, Penalties for Offenses.