As used in this article, the following definitions
shall have the meanings indicated:
AGENCY
The Onondaga County Resource Recovery Agency.
AGENCY FACILITY
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.
CONSTRUCTION AND DEMOLITION DEBRIS
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.
COUNTY
The County of Onondaga.
COUNTY-DESIGNATED RECYCLABLE MATERIALS
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
H.
BEVERAGE CARTONSIncludes gabled topped paper cartons that contained milk and juice products.
I.
PAPERBOARDPaper packaging as found in cereal, cracker and tissue boxes, etc., and toilet tissue and paper towel tubes.
J.
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.
CURB
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.
CURBSIDE COLLECTION
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.
ELIGIBLE HOUSEHOLD
A household residing in a dwelling of four units or less
and which is required to utilize recycling containers.
HAULER
Any person, company or firm who engages in the collection,
transportation, disposal or delivery of solid waste within our Village.
HAZARDOUS WASTE
A.
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:
B.
CFR Parts 260servation and Recovery Act of 1976 (42 U.S.C. § 6901 et seq., as amended by the Hazardous and Solid Waste Amendments of 1984) and the regulations contained in 40 CFR Parts 260 - 281;
C.
CFR Parts 761nces Control Act (15 U.S.C. § 2601 et seq.) and the regulations contained in 40 CFR Parts 761 - 766;
D.
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);
E.
Radioactive materials which are source, special
nuclear or by-product material as defined by the Atomic Energy Act
of 1954 (42 U.S.C.§ 2011 et seq.) and the regulations contained
in 10 CFR Part 40; or
F.
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.
LARGE HOUSEHOLD FURNISHINGS
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.
MAJOR APPLIANCES
A large and/or bulky household mechanism such as a refrigerator,
washer, dryer, stove, furnace or hot-water tank.
MEDICAL WASTE
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.
MUNICIPAL HAULER LICENSE
The license issued by the Village to a hauler as a prerequisite
to performing solid waste collection services within the Village's
municipal limits.
PERSON
A natural person, association, partnership, firm, corporation,
limited liability company, trust, estate or governmental unit and
any other entity whatsoever.
RECYCLABLES
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.
RECYCLING CONTAINER
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.
RECYCLING LAW
The Onondaga County Source Separation Law, Local Law No.
12, adopted March 6, 1989, as subsequently amended.
REGULATED MEDICAL WASTE
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.
SOLID WASTE
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.
SYSTEM
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.
VILLAGE
The Village of Fayetteville.
VILLAGE BOARD
The Board of Trustees of the Village of Fayetteville.
WASTE GENERATOR
Any person which produces solid waste requiring off-site
disposal.
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. 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 §
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 §
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. 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.
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 § 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. 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. 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) Remove a recycling container from the Village;
(2) Willfully destroy a recycling container;
(3) Dispose of a recycling container other than by returning
such container to the Village at a designated location; or
(4) 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.
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.
[Amended 1-23-2012 by L.L. No. 4-2012]
See Ch.
113, Penalties for Offenses.