[HISTORY: Adopted by the Town Board of the
Town of Greece 9-17-1991 by L.L. No. 6-1991; amended in its entirety 6-21-2005 by L.L. No.
5-2005. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See
Ch. 68.
Junked vehicles — See Ch. 198.
This chapter shall be known as the "Solid Waste
Management Law of the Town of Greece."
For the purpose of providing for a better quality
of life, to protect and promote the health, safety and welfare of
the residents of the Town of Greece by controlling the storage, collection
and disposal of solid waste generated within the Town in the most
economical and environmentally acceptable manner; to maximize reduction,
reuse and recycling in the management of solid wastes generated in
the Town of Greece; to minimize potential environmental impact of
wastes processed by or on behalf of the Town of Greece within or outside
of the Town; to protect the drinking water supply in the Town of Greece;
to mitigate the visual effects and sounds associated with the collection
of refuse daily within the whole Town, to provide better utilization
of the existing refuse collection services that do business within
the Town, to enhance the distribution, comfort, convenience, safety,
health and welfare of its residents; to implement the Town of Greece
Solid Waste Management Law of the Town of Greece; to comply with the
requirements and further the purposes of the New York State Solid
Waste Management Act, the New York State Solid Waste Management Plan;
to recognize that residential solid waste and recycling is being carried
out by several privately held residential solid waste and recycling
collection businesses, each of which have an investment in their businesses
and the collection routes that they use, the Town Board may, by resolution,
determine and establish residential solid waste and recycling areas
and the days of the week within which the residential solid waste
and recycling collection businesses may operate within those residential
solid waste and recycling areas.
A.Â
Town Board authorization. Upon recommendation from
the Commissioner of Public Works, the Town Board is authorized, from
time to time, by resolution, to determine and establish residential
solid waste and recycling collection areas and the days of the week
within which the residential solid waste and recycling collection
businesses may operate within those residential solid waste and recycling
collection areas. Each such area will have collection occur at a minimum
of two days per week. Such resolution shall approve a map, setting
forth the residential solid waste and recycling collection areas and
the days of the week within which the residential solid waste and
recycling collection businesses may operate within those residential
solid waste and recycling collection areas.
B.Â
Filing of map. After the resolution of the Town Board
accepting the map of the Town containing the residential solid waste
and recycling areas of collection and the days of the weeks when residential
solid waste and recycling collection is allowed within those areas,
such map shall be filed with the Clerk of the Town of Greece. The
Clerk of the Town of Greece shall notify every residential solid waste
and refuse collection business operating within the Town of the residential
solid waste and recycling areas of collection by sending them a filed
map containing the collection areas.
C.Â
Notice to residential solid waste and recycling collection
businesses. Mailing of the filed map shall be sufficient notice that
the residential solid waste and recycling collection businesses have
knowledge of the residential solid waste and recycling collection
areas and the days of the week that residential solid waste and recycling
collection is allowed.
D.Â
Duration of residential solid waste and recycling
collection area designations. All residential solid waste and recycling
areas of collection and the allowed days of the week for the collection
shall remain in full force and effect unless subsequently modified
by a resolution of the Town Board.
E.Â
Commencement. The collection areas and the days of
the week that residential solid waste and recycling collection is
allowed will commence as set forth in the resolution of the Town Board
which adopts the map containing residential solid waste and recycling
collection areas and the days of the week that residential solid waste
and recycling collection is allowed.
As used in this chapter, the following terms
shall have the meanings indicated:
The Solid Waste Administrator of Monroe County.
A receptacle for the storage of refuse or waste made available
for pickup that is watertight, securely closed, and contains a proper
cover. A plastic or paper bag is an approved container, provided it
meets the requirements set forth in this chapter. All such receptacles
shall be of not less than 18 gallons in capacity and may not exceed
32 gallons in capacity. When filled with refuse or weight, no container
may exceed 50 pounds in weight. The above notwithstanding, all receptacles
must be of sufficient strength and constructed of material sufficient
to carry the weight and capacity of the material to be disposed of
in such receptacle. Where a receptacle is mounted on an axle with
wheels with an attached lid, such capacity shall not exceed 100 pounds.
Wheelbarrows, lawn carts, fifty-five-gallon drums, fiber barrels and
waste baskets are not considered suitable containers for collection
of garbage/refuse.
Any and all permitted or specifically exempt facility or
facilities for processing, reprocessing and/or recycling recyclable
materials which are specified in the rules and regulations promulgated
pursuant to this chapter. This term shall exclude incineration facilities,
waste-to-energy facilities and landfills.
Waste materials of large size typically constructed of sheet
metal or wood and/or which cannot be readily collected and/or disposed
of in its original size and shape. Bulky refuse includes but is not
limited to large appliances such as stoves, refrigerators, washing
machines, hot-water heaters and dishwashers; household furnishings
such as tables, chairs, sofas, bed frames, broken furniture and mattresses;
and derimmed vehicle tires up to 16 inches in size. Other waste materials
may be categorized as bulky refuse in the future at the discretion
of the Commissioner of Public Works.
Those geographic area in the Town where residential solid
waste and recycling collection will occur.
Those days of the week when residential solid waste and recycling
collection is allowed.
Uncontaminated solid waste resulting from the construction,
remodeling, repair and demolition of structures, and includes but
is not limited to remodeling waste such as bricks and other masonry
materials, wood, wall and floor coverings, plaster, drywall, plumbing
fixtures, nonasbestos insulation, roofing shingles, unsealed plastics
and metals that are incidental to any of the above.
Putrescible solid waste, including animal and vegetable waste
resulting from the handling, storage, sale, preparation, cooking or
serving of foods. Garbage/Rubbish originates primarily in home kitchens,
stores, markets, restaurants and other places where food is stored,
prepared or served. Garbage/Rubbish includes but is not limited to
food waste, rags, packaging, clothing, sweepings, ashes, crockery,
shells and some wastepaper.
Commemorations recognized by law, and includes Christmas
Day, New Year's Day, Thanksgiving Day, Memorial Day, Independence
Day and Labor Day.
Household waste which, but for its point of generation, would
be a hazardous waste under 6 NYCRR Part 371. Household hazardous waste
includes but is not limited to used oil, paints, solvents, drain cleaners,
pesticides and herbicides. Hazardous wastes generally exhibit one
or more of the following characteristics: ignitability, corrosivity,
reactivity, carcinogenicity or toxicity.
Any individual, firm, partnership, company, corporation,
association, society, group or other legal entity.
Solid waste that exhibits the potential to be used in the
place of a virgin material and includes but is not limited to the
following:
ALUMINUMAluminum products and containers fabricated primarily of aluminum and commonly used for soda, beer, beverages or other food or drink products and other aluminum products.
BOXBOARDWood-pulp-based material which is usually smooth on both sides with a corrugated center; commonly used for boxes; excludes material with wax coating.
CORRUGATEDWood-pulp-based material which is usually smooth on both sides with a corrugated center; commonly used for boxes; excludes material with wax coating.
GLASS BOTTLESNew and used glass food and beverage containers which have been rinsed and are free of food contamination, including clear (flint), green and brown (amber) colored glass bottles. Glass shall not include ceramics, plate glass, auto glass, Pyrex, leaded glass, mirrored glass or flat glass.
MAGAZINESMagazines, glossy catalogs and other glossy paper.
HIGH-GRADE PAPERWhite and colored office bond, duplicating paper, computer paper and other high-quality paper.
LARGE APPLIANCESStoves, refrigerators, dishwashers, dryers, washing machines, water heaters and other large appliances and scrap metal, excluding air conditioners, microwaves and televisions.
METAL CANSContainers fabricated primarily of steel or tin, or bimetal cans of steel, tin and/or aluminum, but not including aluminum cans.
NEWSPRINTCommon, inexpensive machine-finished paper made chiefly from wood pulp and used for newspapers. This term excludes magazines.
PLASTICSIncludes high-density polyethylene (HDPE) with the recycling numerical code 2, primarily milk and water jugs and cooking oil bottles; low-density polyethylene (LDPE) with the numerical code 4; and polyethylene terephthalate (PET) with the numerical code 1, primarily one- and two-liter soft drink containers. Such containers are identified with the New York State Recycling Code, generally on the bottom of the containers, such as diagrammed below:
WOOD WASTEIncludes logs, pallets and other wood materials.
CONSTRUCTION AND DEMOLITION DEBRISMaterial resulting from the construction, renovation, equipping, remodeling, repair and demolition of structures and roads; and material consisting of vegetation resulting from land clearing and grubbing, utility line maintenance and seasonal and storm-related cleanup. Such material includes, but is not limited to, bricks, concrete and other masonry materials, soil, rock and asphaltic pavement.
YARD WASTEGrass clippings, leaves, garden debris, brush, small or chipped branches, stumps and logs. Brush includes sticks and small branches which do not exceed four feet in length and are tied in bundles.
Any refuse collector or hauler that services single- or double-family
dwellings in the Town of Greece.
Anything putrescible or nonputrescible that is discarded
or rejected as useless or worthless and is eligible for collection
under this chapter. Refuse does not include hazardous waste or recyclables.
Any person, firm, corporation or legal entity licensed by
the Town of Greece to carry on the business of solid waste and recycling
materials collection within the Town of Greece.
The segregation of recyclable materials and other recoverable
materials from solid waste at the point of generation for separate
collection, sale or other disposition.
Includes source separation; recycling programs; changes to
the packaging portion of the waste stream to reduce solid waste generated;
activities and enterprises of scrap dealers, processors and consumers;
and other programs designed to reduce the volume of solid waste or
enhance reclamation and recovery of solid waste or recyclable materials
otherwise destined for the municipal waste stream. For purposes of
this definition, such waste stream reduction programs shall not include
the processing of waste for incineration or disposal by landfill or
other means.
A.Â
For business of collecting.
(1)Â
No person shall engage in the business of receiving,
collecting or transporting garbage/rubbish, bulky refuse, construction
and demolition waste, or recyclable materials except for construction
and demolition debris materials in the Town of Greece without first
obtaining a license to carry on such business from the Town of Greece
and paying the fee for such license as herein provided. Nothing herein
contained, however, shall be construed to prevent any person from
transporting for the purpose of disposal such garbage/rubbish, construction
and demolition waste, bulky refuse, yard waste or recyclables as is
normally generated by such person on his own premises or in his own
business or not for hire.
(2)Â
Licenses issued pursuant to this section shall be
for a period one year. An annual fee shall be charged for licenses
issued pursuant to this section. Such fee shall be determined by the
Town Board, by resolution, and may be adjusted from time to time.
All licenses will be effective July 1 to June 30 for the year.
B.Â
Application for license.
(1)Â
Application forms shall be provided by the Town. Each
applicant shall state in such application his/her name, address, legal
character (whether corporation, partnership or individual), name and
address of all stockholders, directors or partners, whether he/she
or any stockholders, officers, directors or partners have ever been
convicted of any crime and such other information as the Town Board
may require. The Town Clerk is hereby authorized to issue temporary
permits to any licensed refuse collector to use such additional trucks
as are necessary for a period not to exceed 30 days for a fee as determined
by the Town Board.
(2)Â
All refuse collectors shall provide proof of access
to a legal disposal facility. Upon request and when applicable, residential
solid waste and recycle collection businesses shall provide a route
list and the name and address of a backup service company in the event
of equipment or manpower failure.
C.Â
Bond. A surety bond in the penal sum of $5,000 shall
be executed by every person or corporation engaged in a residential
solid waste and recycling collection business within the Town of Greece
and shall be filed with the Town Clerk before such license shall be
issued. Such bond shall be conditioned that said licensee shall comply
with the laws, codes, ordinances and regulations of the State of New
York, County of Monroe, Town of Greece, and all lawfully issued orders
of the Town Board, and that the Town of Greece will be indemnified
and held harmless from any and all claims for any damages of liabilities,
including attorneys fees, caused by or arising out of any act or omission
of the licensee, his/her agents or employees or by his/her failure
to comply with applicable statutes, ordinances, rules, regulations
or orders. Said bond shall be in such form and contain such sureties
as shall be approved by the Town Board or its designated representatives.
D.Â
Conditions imposed in license. Every license issued
by the Town Clerk pursuant to this chapter shall be subject to the
following conditions and to such other reasonable conditions as may
be imposed by the Town Board. All requirements of licensing must by
complied with by July 31 of each year.
(1)Â
Vehicles subject to this chapter:
(a)Â
Vehicles used by licensed refuse collectors
in the collection and transportation of garbage/rubbish, bulky refuse,
construction and demolition waste or recyclable materials within the
Town of Greece shall have watertight, enclosed bodies and shall be
equipped with a compaction unit to the extent practicable by existing
technologies.
(b)Â
Open service trucks equipped with a suitable
cover or tarp may be used for the purpose of collecting bulky refuse,
construction and demolition waste and recyclable materials, and at
the discretion of the Commissioner of Public Works, garbage/rubbish.
(c)Â
Vehicles used to transport roll-off containers
shall be allowed to receive, collect or transport bulky refuse, construction
and demolition waste, nonputrescible refuse and recyclable materials
(2)Â
Inspection of vehicles used by refuse collectors.
All vehicles used by licensed refuse collectors shall be available
for inspection by the Commissioner of Public Works or any other person
or persons whom he/she may designate as his/her agent prior to the
issuance of any license pursuant to the provisions of this chapter.
Such vehicles shall pass inspection if they comply with the applicable
provisions of this chapter and any other such standards promulgated
and issued by the Commissioner of Public Works.
(3)Â
Issuance of license. Upon payment of the license fee
for each and every vehicle used in such collections and transportation
as set forth in this chapter and upon approval by the Commissioner
of Public Works of the application therefor, the Town Clerk shall
issue to the owner a license which shall be affixed to a conspicuous
and an indispensable part of each and every such vehicle, on which
shall be set forth clearly the official number of such license with
the words "Town of Greece Solid Waste Collection License."
(4)Â
Transferability of license. No license issued under
the provisions of this chapter shall be transferable.
(5)Â
Insurance. All trucks must have a minimum liability
insurance policy for personal injuries in the amount of $500,000 per
person and $1,000,000 per accident and $100,000 coverage for property
damage. Adequate proof of insurance must be furnished by each refuse
collector indicating these limits, including contractual liability,
and the Town of Greece is to be named in a policy endorsement as an
additional insured.
(6)Â
Telephone. The refuse collector must provide forthwith
and at all times during the term of the license a telephone and be
prepared to receive and answer messages for a minimum of eight hours
every business day of the year, from the hours of 8:00 a.m. to 4:00
p.m.
(7)Â
Ineligibility. No individual, whether owner, officer,
partner or director of a corporation, will be eligible for a license
if the applicant shall have been convicted of a misdemeanor or felony
which, in the judgment of the Commissioner of Public Works renders
the applicant unfit or undesirable to carry on with the duties involved
with a refuse collector.
(8)Â
Proper language and demeanor. No person and/or resident,
refuse collector or employee shall be under the influence of drugs
and/or alcohol or use gross discourteous language during collection
or when discussing business over the telephone.
(9)Â
Changes in ownership. Any changes in ownership where
the license is not affected must be reported to the Town Clerk within
five days. Said changes must be approved by the Commissioner of Public
Works.
(10)Â
Service refusal. No residential solid waste
and recycling collection business shall refuse to render service when
asked by any person located within the collector's service area. Terms
and conditions of providing collection service shall be agreed upon
between the individual and the collector but shall be uniform for
all customers and shall not discriminate for other than valid business
reasons. The refuse collector shall continue to provide service during
any dispute with any person but shall have the right to appeal to
the Commissioner of Public Works relative to continuing the service
to any person. The Commissioner of Public Works shall render a decision
within 30 days of the written presentation of the appeal to him/her.
(11)Â
Minimum service level.
(a)Â
All residential solid waste and recyclable collection
businesses must offer in addition to their normal full service rate
at least one optional low volume rate to their customers. This low-volume
rate must provide for pickup of recyclables as well as small amounts
of garbage and rubbish. The residential solid waste and recycling
collection business must have available for sale to their customers
special bags or stickers, which can be bought in advance. When a special
bag or bag with a sticker is placed at the curb, it will be picked
up.
(b)Â
The pickup of bulky refuse, construction and
demolition waste or debris and yard waste would not be included without
an extra charge to the low-volume rate customer.
A.Â
Storage of refuse.
(1)Â
No person shall accumulate or permit the accumulation
of refuse upon any premises owned or occupied by him/her except for
the purpose of collection which shall normally occur at intervals
not less frequent than once every seven days, except for holidays,
Sundays, vacations or extraordinary weather or except where caused
by or arising out of the construction or remodeling of a dwelling
or other building on the premises or incidental to the landscaping
of said premises or customary agricultural operations thereon, in
which cases due care shall be taken that such accumulation shall not
create an unsightly appearance or unreasonably disturb the comfort
and repose of the neighborhood, and shall be removed within a reasonable
time or immediately upon completion of the work causing such accumulation.
(2)Â
The determination of violations related to this provision
shall be in the sole discretion of the Building Inspector.
B.Â
Keeping required number and type of receptacles. Every
owner, tenant or occupant of any building, premises or place of business
within the Town of Greece shall provide or cause to be provided and
at all times keep suitable and sufficient receptacles for receiving
and containing garbage/rubbish that may accumulate or be used upon
said premises. Every owner, tenant or occupant of any building, premises,
except vacant land, or place of business must be able to demonstrate
that they are serviced by a refuse collector licensed by the Town
of Greece. No such receptacles shall be kept near any public place
longer than may be necessary for the removal of the contents thereof.
Such receptacle shall be a container of sufficient capacity, and said
container shall have handles and a tight-fitting cover and shall be
watertight. All receptacles should be closed at all times. Lawn carts,
wheel barrels, fifty-five-gallon drums, fiber barrels and wastebaskets
are not considered suitable and sufficient containers.
C.Â
No person shall throw or deposit or cause to be thrown
or deposited any refuse, hazardous waste or recyclable materials in
or upon any portion of a public right-of-way, street or place or on
any property not owned or occupied by him/her, not in any refuse container
not owned, leased or rented by him/her within the Town of Greece.
A.Â
Preparation of recyclables for collection.
(1)Â
Recyclables shall be prepared for collection in accordance
with guidelines provided by the refuse collector and approved by the
Town or otherwise established by the Town. Residential solid waste
and recycling collection businesses shall provide curbside collection
of recyclables. Recyclables to be picked up must be set out in appropriate
containers as specified by the Commissioner of Public Works, or any
subsequent and pertinent ordinance or law, and be at the curb no later
than 7:00 a.m. on the day of collection, and no material may be placed
at the curb before 12:00 noon on the day preceding the scheduled collection
day.
(2)Â
All refuse collectors must be in compliance with the
Monroe County Solid Waste Recycling Law.
(3)Â
Prior to initial collection or transportation, such
solid waste shall be source-separated by the generator into recyclable
materials and remaining solid waste as provided in the rules and regulations
promulgated hereunder.
(4)Â
Source-separated recyclable materials shall not be
commingled with other solid waste during collection, transportation,
processing or storage following collection.
B.Â
Preparation of yard waste for collection
(1)Â
All brush must be cut to a length of not more than
four feet, placed neatly in piles, and shall not intrude into any
paved area of the roadway or obstruct the sidewalk. All branches/brush
under two inches in diameter must be bundled. The bundles should be
bound with rope or twine (not wire), should not weigh more than 50
pounds and should not be more than 16 inches across.
(2)Â
In the fall, leaves may be collected by the Town.
All leaves collected by the Town must be in minimum thirty-gallon,
two-ply paper bags provided by the resident and suitable for acceptance
at a compost facility or in containers approved by the Commissioner
of Public Works. Wheel barrels, lawn carts, fifty-five-gallon drums,
fiber barrels and waste baskets are not considered suitable containers
for collection of leaves. All leaves must not be mixed with other
refuse materials set out for collection. Town leaf collection may
begin on or about October 15 of each year, ending on or about December
31 of each year.
(3)Â
Grass clippings will be collected by residential solid
waste and recyclable collection businesses on a year-round basis.
All grass clippings should be prepared for collection in a method
suitable for acceptance at an authorized composting facility. No container
shall weigh more than 50 pounds. All grass clippings must not be mixed
with other refuse materials set out for collection.
(4)Â
Shrubs, sod, dirt, stumps and logs may be collected
by the Town of Greece on a year-round basis. If a resident contracts
with a private lawn service or tree removal service, it is the responsibility
of the hired contractor to properly remove and dispose of said material.
C.Â
Preparation of bulky refuse.
(1)Â
Appliances and bulky refuse shall be dismantled in
such a way so as not to pose a threat to public health and safety.
For example, refrigerator doors must be removed from their hinges.
(2)Â
Pursuant to the rules of the Commissioner of Public
Works, all bulky refuse, where practicable, construction and demolition
waste shall be bagged or bundled into packages not weighing more than
50 pounds. Such materials are to be placed at the curb in an area
five feet by five feet square by three feet high or an equivalent
volume. Amounts in excess of this quantity will require that special
collection arrangements be made by the person.
D.Â
Preparation of garbage/refuse.
(1)Â
Garbage/Refuse shall be stored, ready for pickup,
in an approved container as defined herein.
(2)Â
Garbage/Refuse to be picked up must be set out for
collection no later than 7:00 a.m. on the day of collection, and no
material may be placed at the curb before 12:00 noon of the day preceding
the scheduled pickup day.
(3)Â
Empty containers shall be removed from the curbside
or other place of collection by the occupants of the premises by the
end of the day on which collection is made from the premises.
A.Â
General.
(1)Â
No vehicle used by the licensed residential solid
waste and recyclable collection business shall travel into a residential
driveway for the purpose of collecting refuse or recyclables without
the prior permission of the property owner.
(2)Â
With the exception of commercial establishments and
unless prior approval is granted by the Commissioner of Public Works,
no collections shall be made on Sundays or holidays. In all instances,
unless written approval is given by the Commissioner of Public Works,
collection shall not commence earlier than 7:00 a.m., and all collection
work shall stop at 6:00 p.m. The Commissioner of Public Works can
only grant permission for collection to start after 6:00 a.m. on any
particular day. The factor to be considered is whether the Commissioner
of Public Works, in his/her sole discretion, considers the road so
heavily traveled or under construction that collection after 7:00
a.m. would cause a disruption to the traffic or a danger to those
using the roads, including those making the collections.
(3)Â
The residential solid waste and recyclable collection
business shall issue to his/her customers on an annual basis, at his/her
own expense, written information giving his/her customers his/her
name, address and telephone number, stating the day upon which collection
will be made. Said written information shall contain a summary of
services to be rendered by the collector, conditions for pickup and
rates. The Town of Greece and Monroe County Division of Solid Waste
shall provide information with respect to the requirements of the
recycling and yard waste programs.
(4)Â
At least two residential solid waste and recycling
collection businesses shall be available to service customers in all
areas of the Town of Greece. The Commissioner of Public Works shall
have the authority to assign a residential solid waste and recycling
collection business to a particular customer location if the customer
is in an area of Town serviced by one residential solid waste and
recycling collection business and is dissatisfied with his/her current
service. The Commissioner of Public Works shall assign the residential
solid waste and recycling collection business closest to the service
area to the account in question. The Commissioner of Public Works
may assign a backup service company in the event of equipment or manpower
failure of the primary refuse service provider.
B.Â
Specific requirements.
(1)Â
Bulky refuse.
(a)Â
Refuse collectors shall be responsible for the
collection of bulky refuse up to an amount as would fit into a five-foot-by-five-foot
square, three feet high, or equivalent volume. If the amount generated
by the resident exceeds this amount, the resident is responsible for
making alternative collection arrangements within seven days of generation.
(b)Â
There shall be no special charges for the collection
of bulky refuse properly prepared as specified in this chapter if
included in the customer's refuse hauling rate. Materials which are
not properly prepared or which exceed the volume and/or weight requirements
as specified may be subject to additional charges as set by the refuse
collector; provided, however, that the refuse collector informs the
customer of the appropriate preparation requirements as specified
in this chapter and the additional charges to be assessed for noncompliance,
prior to collecting the material. In any event, the resident is responsible
for making appropriate collection arrangements within seven days of
generation.
(2)Â
Construction and demolition waste and debris.
(a)Â
Construction and demolition waste and debris
shall be collected and disposed of by the municipality, utility or
private contractor performing such work and generating the material.
(b)Â
Construction and demolition waste generated
by the homeowner shall be collected by the residential solid waste
and recycling collection business, who shall collect up to an amount
as would fit into a five-foot-by-five-foot square, and three feet
high, or equivalent volume. If the amount generated by the resident
exceeds this amount, the resident is responsible for making alternative
collection arrangements within seven days of generation. All material
must be in containers not weighing more than 50 pounds each.
(3)Â
Garbage/Rubbish. Residential solid waste and recyclable
collection businesses shall be responsible for the collection of garbage/rubbish.
All garbage/rubbish shall be removed from the location where receptacles
are placed for collection without spilling. The refuse collector shall
in all cases replace the container and covers in the location where
found.
(4)Â
Household hazardous waste. It is the responsibility
of residents to properly dispose of household hazardous waste. Household
hazardous waste shall not be stored or placed for collection with
any other type of refuse.
(5)Â
Recyclables.
(a)Â
The collection of recyclable materials shall
be the responsibility of the refuse collectors. The refuse collector
shall in all cases replace the containers and covers in the location
where found.
(b)Â
Empty containers shall be removed from the curbside
or other place of collection by the occupants of the premises by the
end of the day on which collection is made from the premises.
(c)Â
Authorized residential solid waste and recycling
collection businesses shall offer collection services for all recyclable
materials to all residential customers for whom they provide solid
waste collection services at the same times and on the same days as
services are provided to their customers for solid waste collection.
(d)Â
Authorized refuse collectors shall not accept
for collection solid waste which has not been source-separated in
conformity with this chapter.
(6)Â
Yard waste.
(a)Â
Leaves in minimum thirty-gallon, two-ply paper
bags may be collected by the Town. Residential brush/branches may
be collected by the Town. Grass will be collected by refuse collectors
on a year-round basis in paper bags suitable for a composting facility
or approved containers and not weighing more than 50 pounds each.
Town leaf collection may begin on or about October 15 of each year,
ending on or about December 31 of each year.
(b)Â
Yard waste material which is not properly prepared
or which exceeds the volume and/or weight requirements will not be
collected. The resident will be responsible for making alternate arrangements
for collection within seven days of generation.
A.Â
No vehicle used in the collection or transportation of garbage/rubbish or any other material designated in § 174-8 for collection by licensed refuse collectors shall stand overnight with said matter in or on it.
B.Â
No vehicle used in the collection or transportation of garbage/rubbish or any other materials designated in § 174-8 for collection by licensed refuse collectors shall be parked or stored in a residential district when not being used in the actual collection or transportation of said matter.
C.Â
All vehicles and conveyances used in the transportation of garbage/rubbish or any other materials designated in § 174-8 for collection by licensed refuse collectors within the Town of Greece, regardless of place of origin, shall be watertight and so covered so that no part of the load shall blow, leak, scatter or spill.
D.Â
Vehicles used in the transportation of refuse by licensed
refuse collectors within the Town of Greece, regardless of place of
origin, shall be licensed by the State of New York.
E.Â
All vehicles and conveyances used by residents in
the transportation of garbage or rubbish shall be watertight and so
covered that no part of the load shall blow, leak, scatter or spill.
A.Â
It shall be unlawful for any person, firm or corporation to engage in the business of receiving, collecting or transporting residential and/or commercial refuse or recyclable materials in the Town of Greece without first obtaining a license in accordance with § 174-5 of this chapter.
B.Â
It shall be unlawful for any person, firm or corporation to fail to adhere to the provisions of § 174-6 of this chapter, relating to the storage of refuse.
C.Â
It shall be unlawful for any person, firm or corporation to fail to prepare materials for collection in the manner specified in § 174-7 of this chapter.
D.Â
It shall be unlawful for any person, firm or corporation to fail to adhere to the provisions of § 174-8 of this chapter relating to the collection and disposition of refuse, household hazardous waste and recyclables.
E.Â
It shall be unlawful for any person, firm or corporation to fail to adhere to the requirements of § 174-9 of this chapter relating to the special regulations applicable to the use of vehicles in the collection and transportation of refuse in the Town of Greece.
F.Â
It shall be unlawful for any person, firm or corporation
to violate any other provision of this chapter.
A.Â
Enforcement of this chapter shall be the responsibility of the Commissioner of Public Works, the Building Inspector, the Director of Public Safety, the Chief of Police or their authorized designees, and, particularly, in the case of § 174-6C, pertaining to littering and the unauthorized disposition of solid waste on public and private property, by the Greece Police Department, any other police officer and any other peace officer.
B.Â
Whenever it is found that there has been a violation
of this chapter or any rule or regulation adopted pursuant to this
chapter, a violation order may be issued by the Commissioner of Public
Works, the Building Inspector, the Director of Public Safety, the
Chief of Police or their authorized designees to the person, firm
or corporation owning, operating or maintaining the premises and/or
the business by which such violation has been noted.
C.Â
Violation orders shall be in writing and shall generally
identify the property and/or the business and the violation.
D.Â
Violation orders and other orders or notices referred
to in this chapter, in the case of violations noted on a particular
property, shall be served on the owner or some one of the owner's
executors, legal representatives, agents, lessees, any tenant or other
person having a vested or contingent interest in the premises, either
personally or by certified mail, addressed to the last known address,
as shown by the last preceding completed record of the Receiver of
Taxes or in the office of the County Clerk.
E.Â
Violation orders and other orders or notices referred
to in this chapter, in the case of violations noted on the person,
firm or corporation engaged in the business of refuse storage, preparation
or collection, shall be served on the owner or some one of the owner's
executors, legal representatives, agents or other person having a
vested or contingent interest in the business, either personally or
by certified mail, addressed to the last known address.
F.Â
The Commissioner of Public Works, the Building Inspector,
the Director of Public Safety, the Chief of Police or their authorized
designees shall have the authority to issue an appearance ticket subscribed
by him/her, directing a designated person to appear in a designated
local criminal court at a designated future time in connection with
the alleged commission of a designated violation of this chapter or
any order made thereunder.
A.Â
Any business, firm or corporation who or which shall
fail to comply with any applicable provisions of this chapter shall
be subject to the revocation of the license hereunder. The Commissioner
of Public Works shall have power to revoke any such license for cause
shown after a hearing on 10 days' written notice to the license holder,
specifying the nature of the violation.
B.Â
Violation of any of the applicable provisions of this
chapter shall severally for each and every violation be punishable
by a fine not exceeding $1,000 or by imprisonment not exceeding 15
days, or both. The imposition of one penalty for any violation shall
not excuse the violation nor permit it to continue, and all such persons
shall be required to correct or remedy such violation or defects within
a reasonable time, and each day that the prohibited condition(s) or
violation(s) continues shall constitute a separate violation. The
imposition of the penalties set forth in this section shall be in
addition to any other penalty or enforcement procedure set forth in
this chapter or other laws of the Town of Greece or any other jurisdiction,
including the application for an injunction to enforce the provisions
of this chapter.