[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.[1] 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.
[1]
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.
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.
A permit issued by the Agency to a hauler as a prerequisite
to disposing solid waste at an Agency facility.
The Onondaga County waste-to-energy facility on Rock Cut
Road in the Town of Onondaga.
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.
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:
CORRUGATED CARDBOARDCorrugated cardboard containers, boxes and packaging, including pizza boxes, which are dry and cleaned of contamination by food wastes, adhesives, metals, wood or plastics and which have been flattened, folded and securely tied in bundles no larger than 36 inches by 36 inches by six inches in size and weighing no more than 30 pounds.
GLASSEmpty, washed glass jars, bottles and containers of clear, green and amber (brown) that contained food and drink, caps removed. This term excludes ceramic, window glass, auto glass, mirror and kitchenware.
METALAll ferrous and nonferrous metals, including steel, aluminum and composite cans and containers (cleaned of food wastes) and empty aerosol cans that did not contain hazardous material. Scrap metal, wire pipes, tubing, motors, sheet metal, etc. are recyclable but must be recycled through scrap dealers.
NEWSPAPERS, MAGAZINES AND CATALOGUESIncludes common machine-finished paper made chiefly from wood pulp used for printing newspapers, as well as glossy inserts, magazines and catalogues. All must be free of contaminants.
OFFICE PAPERAll bond paper and also computer printout, stationery, photocopy and ledger paper of any color from all waste generators. Paper should, if possible, be free of tape, adhesives, labels, rubber bands, paper clips, binders and other contaminants. This term excludes carbon paper, chemical transfer paper and tyvek or plastic-coated envelopes.
PLASTICSAll HDPE and PET-type plastic bottles (#1 and #2), including empty, washed food, beverage, detergent, bleach and hair care containers with lids removed. This term excludes all photographic film, vinyl, rigid and foam plastic materials, as well as plastics numbered 3 through 7 and HDPE oil bottles, as well as #1 and #2 containers that are not bottles or contained hazardous material.
KRAFT PAPERAs found in brown paper bags and package wrapping.
BEVERAGE CARTONSIncludes gable-topped paper cartons that contained milk and juice products.
PAPERBOARDPaper packaging as found in cereal, cracker and tissue boxes, etc. and toilet tissue and paper towel tubes.
MIXED PAPERIncludes discarded and bulk mail, computer paper, colored paper, greeting cards, wrapping paper and carbonless multipart forms. Excludes any paper coated with foil or plastic.
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.
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.
A private or public facility to which a person can deliver
their recyclable materials.
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.
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:
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.
The Toxic Substances Control Act (15 U.S.C. § 2601
et seq.) and the regulations contained in 40 CFR Parts 761 through
766.
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).
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
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.
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.
A large and/or bulky household mechanism such as a refrigerator,
washer, dryer, stove, furnace or hot water tank.
A private or public facility for receiving and processing
recyclables into marketable commodities.
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.
The license issued by the Village to a hauler as a prerequisite
to performing solid waste collection services within the Village's
municipal limits.
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.
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.
The Onondaga County Source Separation Law, Local Law No.
12, adopted March 6, 1989, as subsequently amended.
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.
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.
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.
A metal or plastic container with a capacity of no greater
than 30 gallons.
The Village of Manlius.
The Board of Trustees of the Village of Manlius.
The Clerk of the Village of Manlius.
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.
Any person which produces solid waste requiring off-site
disposal.
Any refuse or waste material, including, but not limited
to, solid waste, recyclables and county-designated recyclable materials.
Garden waste, leaves, grass clippings, weeds and brush.
A.
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:
(1)
That the person has a valid Agency permit at the time
of application.
(2)
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.
(3)
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.
B.
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.
C.
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.
D.
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.
A.
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.
A.
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.
B.
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.
A.
Every waste generator shall separate county-designated
recyclable materials from other waste materials.
B.
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.
C.
No person shall dispose of county-designated recyclable
materials as solid waste.
D.
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:
(1)
Remove a recycling container from the Village.
(2)
Willfully destroy a recycling container.
(3)
Dispose of a recycling container other than by returning
such container to the Village at a designated location.
(4)
Use a recycling container for other than the temporary
storage of county-designated recyclable materials.
E.
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.
F.
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.
G.
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.
A.
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.
B.
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:
C.
The public liability policy aforementioned shall name
the Village as an additional insured.
D.
Each policy of insurance shall be endorsed to contain
the following language:
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The Village will be given 30 days' prior written
notification of any cancellation, nonrenewal or modification of this
policy which reduces coverage or limits at the following address:
Village Clerk, Village of Manlius, One Elmbrook Drive, West Manlius,
New York 13104.
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E.
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.
A.
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.
B.
No person, except the Village, shall duplicate or
imitate a Village sticker or sell or issue in any manner a Village
sticker.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
No person shall place any waste material for purposes
of collection by the Village other than the following:
(1)
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.
(2)
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.
(3)
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.
B.
No person shall place any waste material for purposes
of collection by the Village, unless that person complies with the
following minimum requirements:
(1)
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.
(2)
Each solid waste bag or trash container shall be free
of county-designated recyclable materials and other materials not
considered solid waste.
(3)
Brush and tree parts shall be cut into lengths no
longer than six feet and neatly piled with butt ends facing the curb.
(4)
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.
C.
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:
(1)
The waste material shall be of the type announced
by the Village.
(2)
The waste material shall be placed for collection
at the times specified by the Village.
(3)
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.
D.
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.
E.
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.
A.
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:
(1)
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
(2)
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.
B.
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.
C.
For any nonscheduled collection of waste material
by the Village, the Village may assess a fee against the responsible
property owner or occupant.
D.
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.
A.
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.
B.
No waste material or other obnoxious or contaminating
substance shall be deposited or thrown in any running water, stream
or other body of water.
C.
No solid waste or other waste material shall be allowed
to accumulate upon any property so that the same becomes obnoxious,
unsightly or offensive.
D.
All dumpsters shall be adequately screened from public
view.
A.
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.
B.
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.
A.
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.
B.
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.
B.
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.
C.
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.
|
Section
|
Violation
|
Fine
|
|---|---|---|
|
60-3
|
Failure to obtain a municipal hauler license
|
$250
|
|
60-3
|
Failure to deliver all solid waste collected
within the Village and destined for disposal within New York State
to the Village-approved disposal site
|
$250 plus revocation
|
|
60-4A
|
Failure to attach a municipal sticker to the
hauler vehicle
|
$250
|
|
60-4B
|
Duplication or imitation of the municipal sticker
or engaging in the selling of the municipal sticker
|
Revocation
|
|
60-7B
|
Accepting and/or disposing of county-designated
recyclable materials as solid waste
|
$200
|
|
60-8D
|
Removing, destroying or disposing of a recycling
container or using same for other than storage of county-designated
recyclable materials
|
$150
|
|
60-10
|
Engaging in the collection of solid waste and/or
recyclables on Sundays, Thanksgiving or Christmas
|
$50
|
|
60-11D
|
Failure to notify the Village, 30 days' prior
written notice of any cancellation, nonrenewal or modification of
required insurance policy
|
$50
|
|
60-12
|
Failure to comply with the designated hours
of operation
|
$200
|
|
60-16
|
Failure to remove uncollected waste materials
improperly set out for disposal
|
$100
|
|
60-19
|
Throwing, scattering or allowing deposit of
any solid waste and/or recyclables or other waste materials upon the
streets
|
$100
|
|
60-19
|
Engaging in the collection of solid waste and/or
recyclables in a noncovered vehicle
|
$100
|
|
60-21
|
Dumping or depositing any solid waste and/or
recyclables upon any property; draining leachate from hauler vehicle
|
$100
|
|
60-22
|
Allowing solid waste or other waste material
and recyclables to accumulate upon any property so that it becomes
obnoxious, unsightly or offensive
|
$250
|
|
60-24
|
Any hauler engaging in the burial or private
burning of solid waste and/or recyclables, papers, trash, hazardous
waste or other waste materials within the limits of the Village
|
$250
|
