[HISTORY: Adopted by the Board of Trustees of the Village of Manlius 4-24-1990 by L.L. No. 3-1990; amended in its entirety 10-10-2000 by L.L. No. 7-2000. Amendments noted where applicable.]
The reduction of the amount of solid waste and conservation of recyclable materials is an important public concern because of the increasing cost of solid waste collection and disposal and its impact on the environment. The separation and collection of recyclable materials will serve the general public's interest in our Village by reducing the amount of solid waste and will otherwise comply with the Onondaga County Source Separation Law (Local Law No. 12 of 1989) and other applicable provision of law. In 1988, in the interest of public health, safety and welfare and in order to conserve energy and natural resources, the State of New York enacted a New York State Solid Waste Management Plan under which the state solid waste management priorities were established as waste reduction, reuse, recycling and waste-to-energy (see New York Environmental Conservation Law § 27-0106), with land burial as a last resort only when reuse, recycling or waste-to-energy were unavailable. The State Solid Waste Management Plan Section B-35 in 1988 recommended that Onondaga County take immediate steps to develop environmentally acceptable facilities to manage the solid waste generated in the county. In December 1991, Onondaga County adopted a Comprehensive Solid Waste Management Plan that was subsequently approved by the State Department of Environmental Conservation. The county plan, applicable to municipalities within the county, preferred waste-to-energy as a safe and sanitary alternative to the threat to the groundwater supply and other liabilities posed by the burying of such waste. Those reasons are further delineated in Section 5 of the aforementioned county plan. Public Authorities Law § 2045-e, Subdivisions 7 and 8 allow the Onondaga County Resource Recovery Agency to contract with municipalities for the delivery of such waste and, in furtherance thereof, to process such solid waste. In compliance with both the state and county solid waste management plans, the Village of Manlius has determined that all solid waste, both residential and commercial, generated in our Village and destined for disposal in the State of New York may not be disposed of at any place other than the approved disposal site designated by the Village Board in § 60-2 hereof. The basis of that determination is attached hereto as Exhibit A and incorporated by reference. This chapter will also establish and refine regulations requiring the licensing of municipal haulers and governing hauler services for the collection and disposal of solid waste materials.
Editor's Note: Exhibit A, "Purposes of Local Law No. 7," is on file in the Village offices.
As used in this chapter, the following terms shall have the meanings indicated:
- 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.
- AGENCY PERMIT
- A permit issued by the Agency to a hauler as a prerequisite to disposing solid waste at an Agency facility.
- APPROVED DISPOSAL SITE
- The Onondaga County waste-to-energy facility on Rock Cut Road in the Town of Onondaga.
- 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.
- 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:
- 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 pickup and transfer of the contents of such receptacles by a hauler at the location of a waste generator.
- The Village Department of Public Works.
- DROP-OFF CENTER
- A private or public facility to which a person can deliver their recyclable materials.
- ELIGIBLE HOUSEHOLD
- A household residing in a dwelling of four units or less and which is required to utilize recycling containers.
- Any person, company or firm who engages in the collection, transportation, disposal or delivery of solid waste within our Village.
- 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 thereto, as they maybe amended from time to time, including, but not limited to:
- (1) The Resource Conservation 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 through 281.
- (2) The Toxic Substances Control Act (15 U.S.C. § 2601 et seq.) and the regulations contained in 40 CFR Parts 761 through 766.
- (3) 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).
- B. 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
- C. 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 is 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.
- MATERIALS RECOVERY FACILITY or MRF
- A private or public facility for receiving and processing recyclables into marketable commodities.
- 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.
- MUNICIPAL STICKER
- The adhesive sticker issued by the Village Clerk evidencing a municipal hauler's license.
- A natural person, association, partnership, firm, corporation, trust, estate or governmental unit and any other entity whatsoever.
- 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 recyclables. Such containers shall at all times remain the property of the county or Village, as the case may be.
- 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 not including recyclables, yard and garden waste, human wastes, medical 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, 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.
- SOLID WASTE BAG
- A plastic bag, of such character, size, strength and design as may be determined from time to time by the Village Board, used for the collection and disposal of solid waste and to which a distinctive Village sticker must be affixed.
- 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 and garden 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.
- TRASH CONTAINER
- A metal or plastic container with a capacity of no greater than 30 gallons.
- The Village of Manlius.
- VILLAGE BOARD
- The Board of Trustees of the Village of Manlius.
- VILLAGE CLERK
- The Clerk of the Village of Manlius.
- VILLAGE STICKER
- The distinctive adhesive sticker which must be visibly and securely affixed to each solid waste bag and/or solid waste item to be collected by the Village in accordance with this chapter.
- WASTE GENERATOR
- Any person which produces solid waste requiring off-site disposal.
- WASTE MATERIAL
- Any refuse or waste material, including, but not limited to, solid waste, recyclables and county-designated recyclable materials.
- YARD AND GARDEN WASTE
- Garden waste, leaves, grass clippings, weeds and brush.
It shall be a precondition of doing business as a hauler in the Village that the person intending to conduct such business obtain a municipal hauler license which shall be issued upon submission to the Village Clerk of the requisite application in which the person satisfactorily demonstrates the following:
That the person has a valid Agency permit at the time of application.
That the person agrees to maintain a valid Agency permit at its expense or to immediately notify the Village Clerk at any time such Agency permit is revoked or otherwise limited or conditioned.
That the person agrees and covenants to deliver all of the nonrecyclable solid waste (residential and commercial) it collects within the Village to the system or as otherwise directed by the Agency, unless such waste is delivered to an out-of-state location.
The Village shall revoke a municipal hauler license upon the happening of any or a combination of the following: failure of the hauler to maintain a valid Agency permit; or failure of the hauler to comply with any provision of § 60-3 or 60-4 of this chapter. 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 no 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 Administrator or designee. Compliance with the technical rules of evidence shall not be required, and the decision of the Village Administrator or designee shall be final.
The hauler shall deliver all of the 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 § 60-2 above. 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 § 60-2 above. Any hauler failing to dispose of said solid waste at the approved disposal site so designated shall be subject to having its municipal hauler license revoked.
The hauler shall 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 agrees to provide for the collection of county-designated recyclable materials in every waste 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.
The hauler shall attach a municipal sticker, which must be visibly and securely affixed to the driver's side vent window or upper part of the driver's side of the windshield of each of the hauler vehicles in operation.
Municipal hauler licenses issued pursuant to this chapter shall be effective for a term of one year from the date of issue.
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 garbage in the Village that is inconsistent with the continuation of said license.
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.
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.
Every waste generator shall separate county-designated recyclable materials from other waste materials.
Subject to the provisions of this chapter, including any implementing rules and regulations, every waste generator, except waste generators who contract privately for the disposal of their recyclables, shall make his, her or its county-designated recyclable materials available, in a recycling container or other suitable receptacle, for collection by the Village on a schedule established from time to time by the Village.
No person shall dispose of county-designated recyclable materials as solid waste.
Recycling containers shall at all times remain the property of the county or Village, as the case may be, and are provided for the use and convenience of eligible households in complying with the law. No person shall:
Remove a recycling container from the Village.
Willfully destroy a recycling container.
Dispose of a recycling container other than by returning such container to the Village at a designated location.
Use a recycling container for other than the temporary storage of county-designated recyclable materials.
Recycling containers shall be distributed and maintained on the basis of dwelling units. When an eligible household moves from a dwelling unit, it shall leave its recycling container for the subsequent occupant of the dwelling unit or, alternatively, return the recycling container to the Village at a designated location. Any eligible household moving into a dwelling unit which does not have a recycling container shall, within two weeks of taking possession of the dwelling unit, obtain a recycling container from the Village at a designated location.
From the time any person places any properly prepared county-designated recyclable materials at or near any curb for purposes of collection by the Village, those county-designated recyclable materials shall become and be the property of the Village or its authorized agent. No person who is not acting under the authority of the Village or its authorized agent shall collect, pick up, remove or cause to be collected, picked up or removed any recyclables so placed for collection.
Every owner of property in the Village, other than an eligible household, occupied by one or more waste generators, shall provide or require that the occupying waste generators provide a suitable container for recyclables. Every waste generator for which Village collection is not provided as set forth in Subsection B above shall from time to time deliver, or cause the delivery of, its county-designated recyclable materials to a drop-off center or a materials recovery facility.
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 solid waste and/or recyclables. 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, may also from time to time establish fees to defray expenses in connection with the fee for the municipal hauler license and administration of this chapter. 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.
In consideration of the Village issuing a municipal hauler license to the applicant, the applicant agrees, upon the issuance of such license to the applicant, that the applicant shall indemnify, hold harmless and defend the Village and its officers and employees from and against any and all claims, demands, losses, damages, costs, payments, actions, recoveries, judgments and expenses of every kind, nature and description, including, without limitation, all engineers' and attorneys' fees, fines, penalties and clean-up costs resulting from any such claim, etc., arising out of or connected in any way with the applicant's acting as a hauler or the applicant's involvement or participation in the collection, distribution or transportation of solid waste.
The hauler, as a condition of obtaining a municipal hauler license, shall provide and maintain the following insurance coverages at limits to be set from time to time by resolution of the Village Board:
The public liability policy aforementioned shall name the Village as an additional insured.
Each policy of insurance shall be endorsed to contain the following language:
Prior to the issuance of any municipal hauler license, the hauler must provide to the Village Clerk proof of insurance coverage in a form to be determined from time to time by resolution of the Village Board.
Haulers shall not operate earlier than 7:00 a.m., nor later than 6:00 p.m.
To help defray Village waste collection and disposal costs, the Village shall offer for purchase, on terms and conditions to be determined from time to time by the Village Board, a Village sticker which must be visibly and securely affixed to each solid waste bag and/or other solid waste item to be collected by the Village in accordance with the provisions of this chapter. If a trash container is used in lieu of a solid waste bag, the Village sticker must be securely affixed to the topmost waste item in the container and visible to the Village collector upon pickup.
No person, except the Village, shall duplicate or imitate a Village sticker or sell or issue in any manner a Village sticker.
The fee for each Village sticker shall be determined periodically by resolution of the Village Board, giving consideration to the Village's then-current waste collection and disposal costs, including tipping fees and such other factors as it shall deem appropriate. At its discretion, the Village Board may establish a scale of fees whereby different types of waste generators are separately classified and charged different fees in relation to the value of services rendered and such other factors as are deemed reasonable and appropriate.
If the Village Board determines to furnish periodically a supply of Village stickers to property owners or occupants along with a statement indicating the fee thereof, any such statements not paid within 30 days after the furnishing thereof shall result in a lien upon the real property of such owner or occupant for the amount of the unpaid fee, superior to any other lien or claim, except the lien of an existing tax assessment or charge imposed by the Village. Notwithstanding the foregoing, unused Village stickers may be returned to the Village for a rebate.
The Village may contract with third parties to serve as sales agents for such Village stickers on terms and conditions prescribed by the Village Board.
Subject to the provisions of this chapter, including any implementing rules and regulations, the Village shall be responsible for the collection of only that waste material which constitutes solid waste or county-designated recyclable materials produced by waste generators other than waste generators who contract privately for the removal of such waste material.
The Village may undertake responsibility for collecting waste material, other than that set forth in Subsection A above, which the Village, at its discretion, announces will be collected on particular days or during particular time periods and otherwise in accordance with current Village policy. Such other waste material may include, for example, construction and demolition wastes.
The Village shall not be responsible for collecting any hazardous waste or waste material that has been placed or prepared in ways that do not comply with all the provisions of this chapter, nor shall the Village be obligated to collect waste material generated from property which is exempt from real property taxation.
The Village Board or its designee may establish such implementing rules and regulations as may be necessary or appropriate to carry out the provisions of this chapter, including such matters as the manner, timing and other terms, conditions and restrictions pertaining to the collection and disposal process. Such rules and regulations shall be deemed to be provisions of this chapter and enforceable as such.
No person shall place any waste material for purposes of collection by the Village other than the following:
Solid waste, either in a solid waste bag to which a Village sticker is visibly and securely affixed or in a trash container wherein a distinctive Village sticker is securely affixed to the topmost waste item and visible to the Village collector upon pickup.
County-designated recyclable materials in a recycling container (or other suitable recycling receptacle) prepared in accordance with the provisions of this chapter and suitably segregated from one another.
Solid waste items which are too large or bulky to be placed in solid waste bags or trash containers, such as large furniture, carpets or televisions, provided that sufficient Village stickers are visibly and securely affixed to each such item in accordance with the current Village fee schedule.
No person shall place any waste material for purposes of collection by the Village, unless that person complies with the following minimum requirements:
When filled, each solid waste bag or trash container shall weigh no more than 30 pounds and shall be placed for collection in a clean and sanitary manner.
Each solid waste bag or trash container shall be free of county-designated recyclable materials and other materials not considered solid waste.
Brush and tree parts shall be cut into lengths no longer than six feet and neatly piled with butt ends facing the curb.
Other yard and garden waste will not be collected by the Village, unless placed in a solid waste bag or trash container with the proper Village stickers affixed thereto, except that leaves left at curbside during the fall months will be vacuum-collected by the DPW from time to time.
When the Village has announced that waste material other than solid waste or county-designated recyclable materials will be collected on particular days or during particular periods, any person placing such waste material for purposes of collection by the Village shall comply with the following:
The waste material shall be of the type announced by the Village.
The waste material shall be placed for collection at the times specified by the Village.
The waste material shall be collected, bound, contained, placed or otherwise treated in the manner specified by the Village in accordance with current Village policy.
Solid waste and recyclables, as well as any other waste material that the Village announces will be collected, shall be placed for collection at or near a curb no earlier than 7:00 p.m. on the day before that day designated for collection.
No person shall place any waste material at or near any curb other than the curb immediately in front of the property from which such waste material was generated. No container other than a solid waste bag, trash container, recycling container or other suitable recycling receptacle may be placed for collection at or near any curb.
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.
Whenever a person places solid waste, recyclables or other waste material at or near a curb for collection by the Village without complying with all the provisions of this chapter, the Village may either:
Elect not to collect the solid waste, recyclables or other waste material. In such a case, the Village shall affix a notice to the waste material which gives the reason why the Village did not collect that material. The Village may also notify the property owner or occupant of the property from which such uncollected waste material was generated why the Village did not collect that material. That notice shall be written and shall be provided as soon as feasible after the Village refuses to collect that material; or
Collect the waste material, notwithstanding the fact that it does not comply with the provisions of this chapter. In such cases, the Village shall assess a fee against the owner or occupant of the property from which such waste material was generated.
Whenever solid waste or other waste material has been placed for collection after 7:00 a.m. on the day of collection, the Village may, at its discretion, determine to respond positively or negatively to a request by the property owner or occupant of the property from which such waste material was generated that the Village return to such property and collect that waste material. When the Village agrees to return to the property and collect that waste material, a fee shall be assessed against that property owner or occupant.
For any nonscheduled collection of waste material by the Village, the Village may assess a fee against the responsible property owner or occupant.
All such fees shall be as provided by § 60-18 of this chapter. Any fee not paid within 30 days after billing shall become a lien upon the real property from which such waste material was generated, superior to any other lien or claim, except the lien of an existing tax assessment or charge imposed by the Village.
In addition to those fees provided for in § 60-18 of this chapter, the Village Board, by resolution, may designate and impose such other fees as it deems reasonable and appropriate in relation to the collection and disposal of any waste material, including without limitation, recyclables. 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 collection, removal and carrying of solid waste, recyclables and/or waste 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 person or hauler shall throw or scatter or cause waste materials to be scattered or deposited or to escape from the vehicle on the streets or public places.
Yard and garden waste may not be accepted for recycling at an 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 person shall deposit or cause to be deposited upon any property any solid waste or other waste material, and dumping thereof is hereby prohibited.
No waste material or other obnoxious or contaminating substance shall be deposited or thrown in any running water, stream or other body of water.
No solid waste or other waste material shall be allowed to accumulate upon any property so that the same becomes obnoxious, unsightly or offensive.
All dumpsters shall be adequately screened from public view.
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.
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. No leachate or other obnoxious or contaminating substance shall be allowed to drain from a hauler vehicle on the public streets.
Nothing contained in this chapter shall be construed to prohibit any person from disposing of solid waste or other waste material in the home by means of household incinerators or other garbage disposal devices, provided that the same produce no smoke or odor and do not become or are not nuisances or hazards.
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 waste materials within the limits of the Village, unless authorized to do so in writing by the Village Board.
No person shall bring in, place or deposit or cause to be brought into, placed or deposited in the Village any solid waste or other waste material originating outside the Village for the purpose of disposing of same in the Village or for the purpose of having it collected by the Village or its agents or contractors.
No person who is a resident of the Village or owner, lessee or person in control of real property within the Village shall permit any person to bring in, place or deposit solid waste or other waste material originating outside the Village on any real property owned or leased by him or her or under his or her control.
This chapter shall also apply to all special events held in the Village. The sponsor of said events shall be responsible for sorting all waste materials into appropriate containers or bags and making all arrangements for pickup and disposal of all waste materials. The hauler may charge a fee to be determined by the Village Board for such pickups and disposal.
In addition to the above-provided penalties and revocations, or in lieu thereof, the Village Board may also institute and maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or to restrain by temporary restraining order, preliminary and/or permanent injunction any violation of this chapter.
This chapter shall be enforced by the Agency and all enforcement agencies having jurisdiction and otherwise as provided by the Village Board.
The failure of a hauler to comply with the provisions of this chapter shall be considered a violation subject to the following specified fines for each offense pursuant to § 80.05, Subdivision 4, of the New York Penal Law, as well as for corporate officers, directors and officials, except for corporations in their corporate capacity, which shall be fined pursuant to § 80.10 of the Penal Law. Each day's violation shall be considered a new and separate offense subject to a separate penalty as fixed below. Any fines collected under this chapter shall inure to the Village and shall be deposited in the Village general fund to use as it deems appropriate.