[HISTORY: Adopted by the Town Board of the Town of Guilderland as
indicated in article histories. Amendments noted where applicable.]
[Adopted 10-2-1990 by L.L.
No. 9-1990 (Subpart 5, Div. 1, of the 1974 Code)]
The Town Board of the Town of Guilderland, by enacting this article,
hereby declares its intent and purpose to be the protection of the general
health, safety and welfare of the residents of the Town of Guilderland and
the protection of the public and private water supplies and water resources
of the Town by regulating the disposal of garbage and rubbish within the Town
and to prohibit the storage or disposal of industrial hazardous wastes. The
Town Board also recognizes that sanitary and construction landfills are being
filled at an unprecedented rate. In order to preserve such landfills, it is
necessary to institute and enforce a solid waste recycling program.[1]
[1]
Editor's Note: The list of items to be separated and recycled in accordance
with New York State recycling laws, including landfill hours and fees, is
on file in the Town offices.
As used in this article, the following terms shall have the meanings
ascribed to them:
Waste animal or vegetable matter from homes, institutions, restaurants,
hotel or motel kitchens and vegetable markets or fruit markets, offal from
abattoirs and packing houses, dead animals or parts thereof, and any other
matter which shall be capable of putrefaction.
The loading or unloading of refuse-collecting vehicles.
[Added 2-25-1997 by L.L.
No. 4-1997; amended 8-19-1997 by L.L.
No. 10-1997]
Any motor vehicle designed to compact and/or transport refuse.
[Added 2-25-1997 by L.L.
No. 4-1997; amended 8-19-1997 by L.L.
No. 10-1997]
Any district defined in Chapter 280, Zoning, as a residential district; including but not limited to Single-Family Residential Districts, R-40, R-30, R-20, R-15, R-10, R-7.5, Multiple Residence District, Townhouse Dwelling District, Planned Unit Development District and Mobile Dwelling District.
[Added 2-25-1997 by L.L.
No. 4-1997; amended 8-19-1997 by L.L.
No. 10-1997]
Includes any one or more of the following: garbage, trash, tin cans,
ashes, cinders, glass, discarded paper, cardboard, wood, brush, lumber, discarded
solids or liquids, used or waste material of any kind or other material or
substances intended to be disposed of.
No person shall use any of the lands within the Town as a dump or dumping
grounds, nor shall any person throw, dump, deposit or place on such lands
or cause to be thrown, dumped, deposited or placed on such lands any rubbish
or garbage or attempt to dispose of such rubbish or garbage by burying it
on such lands or burning or incinerating it on such lands except as otherwise
provided in this article.
No rubbish or garbage shall be accumulated or stored on any premises
within the Town, other than premises established or provided as public dumping
grounds under this article, except as follows:
A.
No person shall allow the accumulation or storage of
rubbish or garbage upon any premises of which he is the owner, lessee or occupant
unless the garbage or rubbish shall be kept in suitable and sufficient receptacles
for receiving and containing such garbage and rubbish that may accumulate
or be used upon the premises. No receptacle shall be kept near any public
place longer than may be reasonably necessary for the removal of the contents
thereof.
B.
No person shall allow the accumulation and storage of
rubbish or garbage upon premises of which he is the owner, lessee or occupant
except for the purpose of being collected.
C.
No garbage or mixed rubbish and garbage shall be burned
on any premises in an open fire.
D.
No liquid waste shall be deposited on the grounds surface,
allowed to enter into surface waters or be buried within the Town of Guilderland.
No garbage or rubbish shall be buried on any premises within the Town other
than at a sanitary or construction and demolition landfill maintained by the
Town. The owner of premises within the Town may apply to the Zoning Board
of Appeals or Planning Board for a permit to bury on-site derived solid construction
and demolition waste materials consisting of wood, timber, stumps, concrete,
mortar or clay material, provided that the applicant:
(1)
Files with said Board a map depicting and detailing the
specific location of the burial site.
(2)
Files a landfill management plan and a detailed landscaping
plan showing all final contours of the disturbed area and demonstrates that
the area will be covered with a minimum of six inches of topsoil and a turf
grass and/or other suitable landscape erosion control system.
(3)
Installs vents as required by the Town-designated engineer
to prevent the accumulation of methane and other noxious gases.
(4)
Demonstrates and ensures that the site area will not
interfere with any erosion control or storm drainage system.
(5)
Makes a deposit, as required by the reviewing board or
engineer, of a sum of money into a Town-maintained escrow account to ensure
that all restoration work to the site is completed in a satisfactory manner.
(6)
Provides proof of notification of the New York State
Department of Environmental Conservation Region 4 office of the landfill operation
and site.
(7)
Shall not place or locate any building or structure,
either wholly or partially, on any burial site, nor shall the burial site
encroach upon Town or other public easement areas. In addition, the owner
shall file an as-built drawing with the Town Clerk and Building Department
depicting the exact location of said burial site.
E.
No person shall throw, dump, deposit or place in their
rubbish or garbage for collection, nor shall any person throw, dump, deposit
or place in any sanitary landfill or transfer facility, any item or items
designated by the Town Board by resolution as recyclable.
F.
Any recyclable item or items shall be separated and segregated
from garbage, rubbish and refuse and placed in proper containers for recycling
and deposit at a municipal landfill or transfer facility.
A.
Rubbish and garbage shall be collected in vehicles properly
and adequately equipped to contain and carry the materials collected without
effluent therefrom spilling into public streets, highways or other places.
B.
No rubbish or garbage collected within the Town shall
be delivered, dumped or offered for disposal on any land or at any location,
site or area in the Town or on any land or at any location, site or area outside
of the Town except upon premises established, operated or maintained by the
Town as a public dump, subject to all rules, regulations and restrictions
governing the use of such premises as are herein prescribed, and upon premises
the use of which has been authorized for sanitary landfill dumping under this
article.
C.
Notwithstanding the provisions of Subsection B of this section, garbage collected subject to this article may be delivered for consumption by swine, to swine or hog farms operating under permits duly issued by the Town under this Code, or to such other premises for consumption by swine as the Town Board may approve. Garbage shall not be delivered to, dumped or offered for disposal at swine or hog farms in quantities greater than that which can be promptly consumed by such swine.
D.
It shall be unlawful for any person to operate a refuse-collecting
vehicle for the purpose of refuse or rubbish collecting activities in a residential
district or within 500 feet of a residential district within the Town of Guilderland
during the hours of 7:00 p.m. to 7:00 a.m. daily.
[Added 2-25-1997 by L.L.
No. 4-1997; amended 8-19-1997 by L.L.
No. 10-1997]
A.
Persons who may use Town facilities. No person not a
resident of the Town shall deposit or cause to be deposited any substance
of any kind on premises established as a public landfill or transfer station
of the Town, operated and maintained by the Town, except as the nonresident
may be licensed as provided in this article. Identification insignia may be
issued by the Town Clerk to all residents of the Town desiring to use the
dump, and the person in charge of the dump may deny the use of said premises
to any person failing to exhibit such identification.
B.
Materials originating out of the Town. No person shall
deposit or cause to be deposited on premises established as a public landfill
of the Town and operated and maintained by the Town as such any rubbish, garbage
or substance of any kind which originated or was collected from outside of
the Town.
C.
Manner of disposal generally. No person shall deposit
or cause to be deposited any garbage, rubbish or substance of any kind on
premises established as a public landfill of the Town and operated and maintained
by the Town as such, except at the places and in the manner directed by the
person in charge of the premises under the authority of the Town Board, if
such person is so designated, or by a sign or signs erected upon the premises
by the authority of the Town Board.
D.
Machinery. No automobile, vehicle, machine, appliance
or other article shall be dumped upon any premises operated and maintained
by the Town as a public sanitary landfill unless it shall have been dismantled
and the body cut and flattened out so as to permit it to be disposed of in
accordance with standards of landfill dumping as prescribed by Section 19.2(a)(4)
of the State Sanitary Code.
E.
Burning. No person shall burn or cause to be burned at
Town sanitary landfill premises any garbage, rubbish or any substance of any
kind except by permission and under the direction of the person in charge
of such premises under the authority of the Town Board.
F.
Trees; sewage. No person shall deposit or cause to be
deposited upon Town sanitary landfill premises any trees or logs having a
diameter in excess of four inches unless the trees or logs shall be cut into
lengths of not more than four feet, nor shall any person deposit or cause
to be deposited upon such premises the contents of any sewage disposal facility
or the contents of any septic tank or any septic tank effluence.
G.
Scavenging. No person shall scavenge or otherwise collect
material or substances of any kind from Town sanitary landfill premises for
his own use or for any other disposition thereof.
H.
Hours of use. The Town Board may from time to time fix
and establish hours of use of Town sanitary landfill premises and shall cause
the same to be conspicuously posted upon said premises. No person shall deposit
or cause to be deposited any substance of any kind on Town sanitary landfill
premises at any time or times other than during the hours so prescribed.
No person engaged in the business, trade or occupation of collecting
for hire garbage or rubbish for disposal or engaged in the business of tree
surgery, tree planting or tree or brush removal, either principally or incidentally
to the conduct of any other trade or business, or engaged in the business
of the construction or demolition of buildings or other structures or engaged
in any industrial activity, shall deposit or cause to be deposited, upon premises
operated as a public sanitary landfill by the Town, rubbish or garbage generated
or produced as a result of or in connection with such business activity unless
such person has been licensed as provided in this article.
Each applicant for a license required by this article shall make an
application therefor, in writing, executed under oath, to be furnished to
the Town Clerk, which application shall set forth the following information:
The residence, age and address of the applicant if an individual and, if a
corporation, partnership or association, the names and addresses of the officers
thereof and the address of the place of business of the corporation, partnership
or association; a description of the vehicles to be used for the collection
of rubbish or garbage and the license plate number thereof; a general statement
of the area or areas of the Town wherein the applicant proposes to collect
rubbish or garbage and the place or places and manner of disposition thereof.
A.
Upon proper application and payment of the fee as provided
in this subsection, the Town Clerk shall issue to the applicant a license
required by this article for each vehicle to be used for the collection of
rubbish or garbage. No license shall authorize the use of more than one vehicle.
The fee[1] for the issuance of a license to residents of the Town and nonresidents
of the Town shall be as set by resolution of the Town Board from time to time.
This sum is intended to cover the expense to the Town of issuing the license
and of periodic inspections and investigations to ascertain that the licensee
is collecting and disposing rubbish and garbage in compliance with this article.
Any license issued under this section shall be effective from the date of
its issuance until the last day of December of the year in which issued, after
which a new application for a license shall be made.
B.
Notwithstanding any other provision of this article,
a license required by this article shall not be granted where, in the opinion
of the Town Supervisor, the granting thereof will cause or may be deemed likely
to cause an undue burden on the disposal facilities of such dump or its capacity
to absorb the garbage or rubbish proposed to be deposited by the applicant
or may otherwise unduly interfere with the orderly operation and maintenance
of the dump.
A license issued pursuant to this article for the commercial use of
the Town dump may be revoked by the Town Board, after a hearing thereon, upon
notice, in writing, served upon the licensee, by mail or otherwise, requiring
the licensee to appear before the Town Board at a time to be specified in
the notice and show cause why the license should not be revoked. If, upon
the hearing, the Town Board shall find that the licensee has failed to comply
with any of the provisions of this article with respect to the collection
and disposal of rubbish, garbage or recycling or that any provision of this
article has been violated or that the licensee has made a material misrepresentation
upon his application for the license, the Town Board shall revoke the license.
No person shall receive or accept for disposal or deliver, dump or offer
for disposal any garbage, refuse or recyclable material on any land or at
any location, site or area in the Town, other than upon a site or area established,
operated or maintained by the Town as a public landfill or transfer station.
Storage or disposal of such industrial hazardous wastes as are identified
and listed as such by the New York State Commissioner of Environmental Conservation
pursuant to Title 9 of Article 27 of the New York State Environmental Conservation
Law are prohibited within the Town of Guilderland.
A.
Any person who violates any provision of this article, other than § 236-4E and F, shall be guilty of a violation punishable by a penalty as set forth in Chapter 1, General Provisions, Article III, or by performing services for a public or not-for-profit corporation, association or agency, or by both such fine and imprisonment or by both such fine and public service.
[Amended 6-1-1999 by L.L. No. 5-1999]
C.
Any person who violates any provision of this article
shall be subject to a civil penalty enforceable and collectible by the Town
in the amount not to exceed $250 for each such violation, which penalty shall
be recovered by the Town in a civil action.
[Amended 6-1-1999 by L.L. No. 5-1999]
D.
In the event of a violation of this article of a continuing
nature or character, each day the violation shall continue or be permitted
to exist shall constitute a separate violation.
E.
Conviction for any violation of this article shall constitute
cause for revocation of any license issued under this article, in the discretion
of the Town Board.
F.
In addition to the penalties and punishments provided
in this section, the Town Board may also maintain an action or proceeding
in the name of the Town in a court of competent jurisdiction to compel compliance
with or to restrain by injunction the violation of this article.
[Adopted 2-4-2003 by L.L.
No. 1-2003]
This article shall be known as the "Recycling Law."
It shall be the purpose of this article to encourage and facilitate
the maximum recycling practicable on the part of each and every household,
business and institution within the Town of Guilderland (the Town). It shall
further be the purpose of this article to establish, implement and enforce
minimum recycling related practices and procedures to be applicable to all
waste generators within the Town.
This article is enacted pursuant to the authority granted by §§ 10
and 120-aa of the New York State Municipal Home Rule Law.
A.
Recyclables designated by the Town for inclusion by this
article may be disposed of at the Town's transfer station by households within
the Town, and initially include the following:
(1)
Corrugated paper: cardboard containers, boxes and packaging
which are cleaned of contamination by food wastes, adhesives, metals or plastics
and which have been flattened. This does not include press board.
(2)
Glass: empty, washed glass jars, bottles and containers
of clear, green and amber (brown), excluding ceramic, window glass, auto glass,
mirror and kitchenware.
(3)
Metal: all ferrous and nonferrous metals, including steel,
aluminum and composite cans and containers (cleaned of food waste), excluding
scrap metal, wire, pipes, tubing, aerosol cans, paint cans and metal containers
that contained hazardous liquids and abandoned automobiles.
(4)
Newspaper: common machine finished paper made chiefly
from wood pulp used for printing newspapers and magazines; must be dry and
free of contaminants.
(5)
Office paper: all bond paper, including computer print-out,
stationery, photo copy and ledger paper.
(6)
Plastics: all HDPE Nos. 1, 2 and 3 type plastics, including
empty food, beverage, detergent, bleach and hair care containers, but excluding
all oil containers, plastic bags, toys and hangars.
B.
Businesses, institutions, private haulers and any other
waste generator, other than households located within the Town, are prohibited
from disposing of recyclable or nonrecyclable waste at the Town's transfer
station.
Every household, business and institution within the Town shall separate
recyclable materials from other nonrecyclable waste regardless of whether
such recyclables and waste are disposed of at the Town's transfer station
or disposed of at a solid waste facility by a private hauler.
It shall be a violation of this article for anyone to attempt to dispose
of recyclable material as waste.
The Town Board may, by resolution, establish a schedule of fees for
the disposal of waste items at the Town's transfer station, including recyclables.
A violation of this article shall be deemed a violation and the violator
may be liable for a fine of not more than $50 for the first violation and
not less than $250 nor more than $500 for each violation thereafter, and each
violation shall constitute a separate offense.
