[HISTORY: Adopted by the Town Board of the Town of Inlet as indicated
in article histories. Amendments noted where applicable.]
[Adopted 10-7-1969 by L.L. No. 1-1969]
As used in this article, the following terms shall have the meanings
indicated:
Waste food, dead animals or parts thereof, vegetable matter of any
kind, or any other matter which shall be capable of fermentation or decay,
or which shall give off an odor.
An individual, society, club, firm, partnership, corporation or association
of persons, and the singular number shall include the plural number.
Waste metal, metal cans, ashes, cinders, glass, pottery, paper, cardboard,
rags, bottles, rubbish, wood, lumber, and all other discarded substances,
other than garbage.
Those persons having their domicile within the limits of the said
Town of Inlet, Hamilton County, New York.
A.
The use of any lands within the Town of Inlet as a dump,
dumping ground, storage or disposal facility for refuse or garbage by any
nonresident of the said Town of Inlet is hereby prohibited.
B.
The use of any lands within the Town of Inlet as a dump,
dumping ground, storage or disposal facility for refuse or garbage by any
resident of the said Town of Inlet, is hereby prohibited, unless upon written
permit from the Town Board of the Town of Inlet.
In the event that the facilities or arrangements of the Town of Inlet
for the removal or disposal of refuse or garbage within the Town shall be
deemed inadequate, any resident of the said Town may establish and operate
a dump, dumping ground or disposal facility upon written permit obtained upon
application in writing to the Town Board, and which said dump or refuse area
shall be operated within compliance of Section 19.2 of Title 10 of the Official
Compilation of Codes, Rules and Regulations of the State of New York.
A.
There shall be no burning of refuse or garbage in any
open fire or fires at the Town of Inlet refuse disposal area off Limekiln
Road, in the Town of Inlet, or at any other location in the Town of Inlet
without approval from the State Commissioner of Health.
B.
There shall be no dumping or depositing of the contents
of any septic tanks of any type or description, portable or otherwise, in
the Town of Inlet refuse disposal area off Limekiln Road, or any other location
in the Town of Inlet.
The Town of Inlet shall not establish any other refuse disposal area
within the Town of Inlet without the approval in writing from the full-time
health officer in whose jurisdiction such proposed refuse disposal area will
be located.
Any violation of any provision of this article shall be deemed a misdemeanor,
and upon conviction thereof, an offender shall be punished by a fine not exceeding
$50 for each offense.
[Adopted 11-4-1992 by L.L. No. 1-1992]
This article shall be known as the "Town of Inlet Solid Waste Management
Law."
A.
It is hereby found and declared that the present and
future solid waste disposal problem within the Town of Inlet unless addressed
will be detrimental to the public health, comfort, convenience, safety, and
general welfare of the inhabitants of the Town of Inlet, and the provisions
and prohibitions hereinafter contained are enacted in the public interest
and are for the purpose of securing and promoting the public health, comfort,
convenience, safety, and welfare of the Town of Inlet and its inhabitants.
B.
This article is intended and proposed to protect the
air, ground, and surface water for the reuse products heretofore known as
"throwaway" products, the conservation of such natural resources as wood,
petroleum and mined minerals, and the reduction of loss of valuable land now
being devoted to burial of solid wastes.
As used in this article, the following terms shall have the following
meanings:
All nonhazardous and nontoxic wastes which are not commercial and
industrial by-products.
Waste resulting from construction, remodeling, repair, and demolition
of structures, roads, buildings, and land clearing. Such waste shall include
but is not limited to bricks, concrete, and other masonry materials, soil,
lumber, road spoils, paving materials, and brush.
Grass clippings, leaves, and cuttings from shrubs, hedges and trees.
Putrescible solid waste, including animal and vegetable waste, resulting
from the handling, storage, sale, preparation, cooking or serving of foods.
Garbage originated primarily in home kitchens, stores, markets, restaurants,
and other places where food is stored, prepared, or served.
Includes but is not limited to the following products and their empty
containers: hair spray, pesticides, insecticides, herbicides, petroleum products,
caustic chemicals, paint, batteries, wood preservatives, varnishes, paint
thinners and other solvents, photo and hobby chemicals, swimming pool chemicals,
antifreeze and other automobile fluids, and household cleaners, polishes and
waxes, and automobile batteries.
All other large and/or bulky articles used in the home and which
equip it for living, including but not limited to chairs, sofas, tables, beds,
carpets, etc.
A large and/or bulky household mechanism, including but not limited
to stoves, refrigerators, washing machines, dryers and freezers, ordinarily
operated by gas, wood, or electrical current.
Motor vehicles as defined in the Vehicle and Traffic Law of the State
of New York.
Soft plastic containers, rags, sweepings, excelsior, rubber, leather,
crockery, straw, dirt, filth, ashes, wastepapers and similar waste material.
An individual, society, club, firm, partnership, corporation or association
of persons, and the singular number shall include the plural number.
Material derived from the waste stream for its reuse or resale value:
said material being all cardboard, newspapers, magazines, and flat paper.
Said material also shall include commercial packaging or processing, including
all cans, glass, food containers, bottles with metal rings and tops removed,
and hard plastics.
The separation of recyclable materials at the point of generation
for separate collection.
Tires from cars and trucks and their casings.
No person shall dispose of garbage or recyclable or nonrecyclable material
except as follows:
A.
In order to facilitate the conservation of vital natural
resources through recycling, each person shall separate the waste into the
following three categories: garbage, recyclable materials, and nonrecyclable
materials. The Town Board, by resolution, shall adopt rules and regulations
for the collection, transportation, processing, sorting, storage and marketing
of the solid waste components. Said rules and regulations shall become effective
30 days after said regulations have been published in the official newspaper
of the Town of Inlet.
B.
In order to further facilitate the conservation of vital
natural resources through recycling, discarded newspapers, cardboard, magazines,
and flat papers shall be separated from other recyclable material for a separate
disposal, and said newspaper, cardboard, magazines, and flat papers shall
be securely tied in bundles each weighing not in excess of 40 pounds.
C.
From the time of placement of garbage, recyclable material,
nonrecyclable material, and all other materials at the curb, at the recycling
site, or landfill site by a person for collection in accordance herewith,
such garbage, recyclable material, nonrecyclable material and all other materials
shall become the property of the Town of Inlet or its authorized agent. It
shall be a violation of this article for any person without the authority
of the Town Board of the Town of Inlet to collect, pick up, remove, or cause
to be collected, picked up or removed any garbage, recyclable material or
nonrecyclable material at any of the foregoing locations, and each such collection,
pick up, or removal from one or more of said locations shall constitute a
separate and distinct offense in violation of this article.
D.
It shall be a violation of this article for any one to
place at the curb, or at a transfer recycling site, or landfill site for collection
any container other than a container which solely contains garbage or solely
contains recyclable material or solely contains nonrecyclable material.
E.
It shall be a violation of this article for any person
to knowingly dispose of any hazardous household or industrial waste by including
same in garbage or nonrecyclable materials.
F.
It shall be a violation of this article for anyone to
violate any of the rules and regulations established by the Town Board pursuant
to this article.
A.
All motor vehicles which are to be discarded from a residence
of the Town of Inlet shall at the cost and expense of the owner be removed
to a place designated for such motor vehicles in the Inlet landfill site.
All fluids shall be drained from said vehicles, and all objects which are
not integral parts of the vehicle to be discarded shall be removed from said
vehicles, before removal to said landfill site.
B.
No person shall place or store construction debris with
garbage, with recyclable materials or nonrecyclable materials. The Town of
Inlet shall not collect construction or demolition debris. The person generating
or producing construction or demolition debris or the owner thereof may at
his own cost and expense have such material moved to the designated area in
the Town of Inlet landfill site.
C.
All major appliances or large household furnishings which
are to be discarded from a residence of the Town of Inlet where the appliance
or furnishing was actually in use shall at the owner's own cost and expense
be removed to a place designated for such materials in the Inlet landfill
site. It shall be the sole responsibility of the owner to dismantle the appliance
or furnishings so that it will not be a hazard to the public. In this respect,
doors shall be removed from the appliances or furnishings before placing at
the landfill site. The Town of Inlet on certain specified days will also pick
up said appliances at the side of the street in residential areas.
A.
No person shall place or store green waste with garbage,
recyclable material, or nonrecyclable material. The person generating or producing
green waste may at his own cost and expense remove same to a designated area
in the Inlet landfill site, and in accordance with the rules and regulations
adopted pursuant to this article.
B.
Said green waste material shall be either burned or composted
by the Town of Inlet at its landfill site in accordance with the rules and
regulations set forth by the Department of Environmental Conservation.
All commercial and industrial garbage and recyclable materials will
be subject to the same rules and regulations established pursuant to this
article and regulating household garbage, recyclable materials and nonrecyclable
materials.
A.
All household hazardous waste shall be placed in a separate
metal container and transported to the Inlet Town Barn during regular separation
site hours. These hours will be designated by the Town Board, and an attendant
will be on duty to assist with any questions.
B.
Household hazardous waste shall be disposed of at an
approved facility.
A.
The Town Board of the Town of Inlet shall designate the
days and hours for acceptance of garbage, recyclable material and nonrecyclable
material by resolution.
B.
No garbage, recyclable material, nonrecyclable material
or any other material shall be placed on any public street, highway, or any
other premises within the Town of Inlet without the written consent and permission
of the Town Board.
A.
The Town Board of the Town of Inlet may, by resolution,
establish fees for the collection, transportation, processing, sorting, storing
and landfilling of household garbage, commercial and industrial garbage, nonrecycling
material, recycling material, construction and demolition debris, major appliances,
large household furnishings, vehicular tires, green waste, household hazardous
waste, and motor vehicles.
B.
It shall be a violation of this article for any person
to dispose of household garbage, commercial and industrial garbage, nonrecycling
material, recycling material, construction and demolition debris, major appliances,
large household furnishings, vehicular tires, green waste, household hazardous
waste, and motor vehicles within the Town of Inlet without first paying the
applicable tipping fee as established by the Town Board.
Failure to comply with this article by any person shall be an offense
punishable as follows: conviction of the first offense under this article
shall be punishable by a fine of $50, and in addition anyone convicted of
a first offense hereunder shall be liable to pay a civil penalty of $50. Conviction
of a second offense hereunder shall be punishable by a fine of $100 or imprisonment
of not more than 15 days, or both, and in addition, anyone convicted of a
second offense hereunder shall be liable to pay a civil penalty of $100. Conviction
of a subsequent offense hereunder shall be punishable by a fine of not less
than $100 and not more than $500, or imprisonment of not more than 30 days,
or both, and, in addition, anyone convicted of a subsequent offense hereunder
shall be liable to pay a civil penalty of $1,000 and/or the imposition of
community service at the discretion of the justice.
A person is criminally liable for conduct constituting an offense hereunder
which he performs or causes to be performed in the name or in behalf of a
corporation, to the same extent as if such conduct were performed in his own
name or behalf.
All prior collection and disposal ordinances shall remain in full force
and effect except as herein modified by this article. If there is any conflict
between this article and the prior ordinances, this article shall control.
