The rules and regulations of this article are hereby established
to regulate the handling of various types of waste in the homes and
commercial establishments within the limits of the City and to provide
for sanitary storage, effective collection and successful operation
of the municipal disposal facilities and systems.
As used in this article, the following terms shall have the
meanings indicated:
ASHES
The residue of the combustion of any type of solid fuel,
such as wood, coal, coke, charcoal or lye substances. The handling,
collection and disposal of ashes is subject to all the requirements
of this Code in addition to all other applicable requirements of federal
and state laws, codes, rules and regulations.
AUTOMOTIVE WASTES
The wastes generated by businesses and individuals engaged
in the buying, selling, trading, repair, modification, enhancement
or other work involving motor vehicles or their components.
BUILDING AND CONSTRUCTION WASTES
Materials resulting from the construction, alteration or
repair of structures and consisting of plaster, metal, brick, concrete,
lathing, roofing, nails and hardware and materials containing same,
earth, structural members and like material. Such material may also
be known as and referred to as "construction and demolition" waste
or debris or as "C and D."
BULK AND OVERSIZE ITEMS
Any item of furniture, such as tables, chairs, sofas, couches,
mattresses, box springs, beds, dressers and other such items and/or
parts thereof.
COMMERCIAL WASTES
The general or extraordinary wastes that accumulate in structures
or upon the land appurtenant to any commercial property or small commercial
property or business devoted in whole or in part to nonresidential
purposes, including but not limited to clubs, stores, offices, restaurants,
banks, entertainment and recreational facilities, industrial properties
including those devoted to manufacturing, processing, treatment, modification,
storage or shipment of goods or products; and shall also include wastes
generated by residential properties with four or more separate dwelling
units, but shall not include large residential or other properties
required to provide dumpsters or other means of disposal by the provisions
of this chapter. The owner of or responsible party for such structures
or land or business shall be responsible for the safe and lawful disposal
of such wastes.
ELECTRONIC COMPONENTS
Wastes consisting of unbroken television and computer screens
and monitors; components of radios, video devices, entertainment systems
and other like materials.
GARBAGE
Waste material including, but not limited to animal, fish,
fowl, fruit or vegetable matter created or sold in connection with
or produced therefrom and also including spoiled food and dead animals
found within the City limits and including food containers.
INDUSTRIAL WASTES
The wastes that accumulate in structures or upon the lands
appurtenant to any industrial property as defined herein.
RECYCLABLES
Those materials capable of being reprocessed and reused,
limited for collection purposes to the categories of newspaper, clear
glass, colored glass, tin cans, aluminum cans and plastic and such
other materials designated and deemed to be recyclable and/or for
which it has been determined that there exists a commercial market
therefor. Such determination may be made by the City or by the County
of Orange or by the state or its agencies or by any other government
authority which is empowered by law to make such determination.
RESIDENTIAL WASTES
The wastes that accumulate in structures or upon lands appurtenant
to any residential property consisting solely of one, two or three
separate dwelling units.
SPECIAL WASTE
Waste materials not otherwise defined and which because of
their kind or nature either require special handling, pose a potential
hazard to public health or safety, are subject to special rules or
regulations imposed and/or enforced under law by a governmental authority,
which present particular problems in handling, management and disposal.
"Special waste" shall include but not be limited to the following:
hazardous waste and materials, chemicals, biological waste, radioactive
waste, and medical waste, among others.
WHITE GOODS
Waste materials consisting of refrigerators, stoves, washers,
dryers, sinks, toilets, ovens, boilers, heaters, freezers and other
like appliances and fixtures.
WASTE
As used herein, all materials discarded to be managed, handled
and disposed of according to the provisions of this chapter which
is not otherwise defined as "C and D," white goods, wood waste and
tree trimmings, automotive waste, special waste or otherwise defined
herein.
WOOD WASTE AND TREE TRIMMINGS
Waste materials produced or generated as a result of cutting
or trimming or otherwise collecting from trees, shrubs and other plant
life, leaves, branches, twigs, flowers and other components thereof,
living or dead, and no longer connected to the host plant.
Persons other than the Superintendent of Public Works removing
waste, garbage or refuse recyclables, special or other kinds of waste
shall separate the materials contained therein as required by law,
code, rule or regulation, and deliver them to such places designated
therefor and within such hours as shall be fixed by law or by the
Superintendent of Public Works. Such persons must secure in advance
from the City and other regulatory authority any and all permits,
approvals and permissions therefor as required by all applicable laws,
rules and regulations.
Whenever in the Charter or Code of Ordinances of the City of
Newburgh the City is authorized to impose a fee for the collection
and disposal of solid waste, including but not limited to bulk and
oversized items, so-called white goods, construction and demolition
waste and debris, and any and all other waste materials, and/or impose
penalties for a violation of any provisions thereof, it shall be understood
that in the event of noncompliance and/or nonpayment, the City shall
have the right to take any and all such actions, including but not
limited to making expenditures and retaining agents, employees and/or
consultants to effectuate such proper removal and disposal and to
remedy all damages and remediate such consequences of the leaving
of such improper item(s) and the City may make a demand upon the responsible
party and/or the owner of the subject real property for payment of
the City's costs and fees for such collection, and all such other
charges, fees, fines and penalties as may be provided for herein and
imposed hereunder. In the event of nonpayment following such demand,
the City may add the costs and expenses thereof to the amount of taxes
due as levied upon the property of the responsible parties, and may
then proceed with all such collection and enforcement actions and
proceedings as are provided by law for the collection and enforcement
of unpaid taxes.
Building and construction waste shall not be collected or disposed
of by the City. Persons responsible for the generation of such waste,
including property owners, contractors, workers and others, shall
be jointly and severally responsible for the management and disposal
of such waste. In the event the City incurs costs for the management
and disposal of such waste due to the failure of responsible persons
to do so, the City shall have the right to hold each persons jointly
and severally liable to reimburse the City for all such costs.
Any commercial or industrial business or multiple residence may use a dumpster as a storage container for waste in lieu of those described in §
183-13 of this article. Such use, whether collection is by the City or a private collector, shall be subject to the following provisions:
A. No dumpster shall be placed, kept or allowed to remain in any public street or upon a public sidewalk except as provided in Subsection
G hereof.
B. All dumpsters shall have a cover which shall be kept closed except
when the dumpster is in the process of being filled or emptied.
C. All dumpsters must be secured so as to prevent accidental movement
from their location.
D. All dumpsters shall be emptied and disinfected regularly. "Regularly"
shall, for the purpose of this section, be interpreted to mean as
often as necessary to prevent the accumulation of garbage from exceeding
the capacity of the dumpster or as often as necessary to prevent the
existence of a health hazard. The Superintendent of Public Works shall
have the power to direct the disinfecting, cleaning or emptying of
any dumpster which he finds to be a hazard to the public health. The
area surrounding each dumpster shall be kept and maintained free of
all garbage, trash and debris at all times.
E. All dumpsters shall be kept in an enclosure and at least five feet
from all adjoining properties. Such enclosure shall be of sufficient
height to shield the dumpster from public view from the public highway
or street. Where such requirements cannot be met without practical
difficulties, the Superintendent of Public Works shall have the power
to grant, in writing, an exception to this provision and to impose
conditions on said exception.
F. Any person desiring to maintain or use a dumpster within the City
shall apply to the Superintendent of Public Works for a permit to
do same. Said application shall be upon a form to be provided by the
Department of Public Works and shall be accompanied by a surety bond
issued by a surety company authorized to do business in the State
of New York and in a form to be approved by the Corporation Counsel.
The amount of said bond is to be approved by the Superintendent of
Public Works. The Superintendent of Public Works shall have the discretion
to waive the requirement to provide a surety bond for any applicant
showing good cause why such requirement should be waived.
G. Any person desiring to use a dumpster for purposes of a construction or demolition job shall make application as provided in Subsection
F of this section. Upon a showing of practical necessity, the Superintendent of Public Works may permit the placement of such a dumpster upon the streets or sidewalks of the City and may set reasonable conditions on said placement. Such conditions must include the marking of said dumpster with sufficient reflectors or lights if it is to be placed upon a public street or sidewalk and a time limit on such placing. All provisions of this section shall apply to said dumpsters, except Subsections
A and
E, for which the Superintendent of Public Works may specifically grant an exception subject to reasonable conditions.
H. The City shall not be responsible for damage caused to any dumpster
during the normal emptying of said dumpster during collection.
Private scavenging of or through waste set out for collection
on the streets of the City or on private property adjacent thereto
is prohibited.
No person other than the City of Newburgh shall collect or transport any residential waste, garbage, trash, ashes or recyclables generated by any residential property originating within the City, provided that a private collector, licensed pursuant to §
183-16 of this article, may collect, transport and dispose of such residential waste or recyclables generated by any residential structure or complex located on a single site that consists of in excess of 30 dwelling units under common ownership or under the control of a single condominium or cooperative corporation. The storage, collection and transportation of all residential waste or recyclables, whether collected by the City or by a licensed private hauler, shall be in accordance with this Code, the regulations of the City Manager and all other applicable laws, codes or regulations.