This chapter shall repeal Local Law 3-1989 and Local Law 2-1993.
This chapter shall provide for the promotion or protection of health,
safety or welfare of the people of the Village of Weedsport by controlling
the storage, collection and disposal of garbage, rubbish, waste material and
recyclable materials within the Village of Weedsport and is intended to comply
with the New York Solid Waste Management Act of 1988 regarding the separation
of solid waste.
As used in this chapter, the following terms shall have the meanings
indicated below:
CLEAR PLASTIC BAGS
Bags made of a clear, glass-like transparent material used by residents
and businesses to hold waste material.
HAZARDOUS WASTE
Any waste which is defined or regulated as a hazardous waste, toxic
substance, infectious waste, hazardous chemical substances or mixture or asbestos
under federal, state or local laws or under rules, regulations, policies or
guidelines issued in relation thereto as they may be amended from time to
time and may include, but is not limited to, the following products and their
empty containers: batteries, motor oil, oil-based paints and materials, insecticides,
herbicides and caustic chemicals. Hazardous wastes generally display one or
more of the qualities of ignitability, corrosivity, reactivity or toxicity.
NONRECYCLABLES
That portion of the solid waste stream not included under "recyclables"
and not treated separately as hazardous waste under § 27-0903 of
the New York Environmental Conservation Law; source, special nuclear or by-product
material as defined in the United States Atomic Energy Act of 1954; or low-level
radioactive waste as defined in § 29-0101 of the New York Environmental
Conservation Law. "Nonrecyclables" includes, but is not limited to, the following:
A.
GARBAGEPutrescible solid waste, including animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking or serving of food. Garbage originates primarily in home kitchens, stores, markets, restaurants, and other places where food is stored, prepared or served.
B.
RUBBISHSolid or liquid waste material, including rags, sweepings, excelsior, dead animals, rubber, leather, crockery, shells, clothing, straw, dirt, filth, ashes, wastepaper, and similar waste material.
C.
CONSTRUCTION AND DEMOLITION DEBRISWaste resulting from construction, remodeling, repair, and demolition of structures, road building, and land clearing. Such wastes include, but are not limited to, bricks, concrete and other masonry materials, soil, rock, lumber, road spoils and paving material.
D.
LARGE HOUSEHOLD FURNISHINGSLarge and/or bulky articles actually used in the home and which equip it for living (i.e., chairs, sofas, tables, beds, and carpets).
E.
AUTOMOTIVE TIRESTires commonly used on automobiles, trucks, motorcycles and other motor-driven vehicles.
PERSON
Any individual, corporation, partnership, unincorporated association,
agency, group, firm, society or other entity of one or more persons, and the
singular herein shall include the plural number.
RECYCLABLES
The following materials from the solid waste stream for which there
is a means of recycling:
A.
ALUMINUM CANSContainers fabricated primarily of aluminum and commonly used to hold soda, beer, other beverages and some foods.
B.
METAL CANSContainers fabricated primarily of metal or tin, but not including aluminum cans.
C.
GLASS BOTTLESTransparent or translucent jars, bottles and containers which are primarily used for packaging and bottling of various materials used for human consumption, but only those glass bottles that are green, amber (brown), or clear (flint) in color.
D.
PLASTICSAll HDPE (I) (II) type plastics, including empty, washed food, beverage, detergent, bleach and hair care containers, with lids removed. This term excludes all film, vinyl and foam plastic materials.
E.
NEWSPRINTThe common machine-finished paper made chiefly from wood pulp used for newspapers.
F.
CARDBOARDWoodpulp-based material which is usually smooth on both sides with a corrugated center, commonly used for boxes.
G.
YARD ORGANICSGrass clippings, leaves, branches and other similar organic garden materials.
H.
LARGE APPLIANCESStoves, refrigerators, dishwashers, dryers, washing machines, and other similar large household or business appliances.
RESIDENT
Any person living in, operating a business in, or owning property
in the Village of Weedsport and shall include such person's employees, agents
and/or tenants.
WASTE MATERIAL
All recyclables and nonrecyclables which make up the waste stream
eligible for curbside pickup, or other area designated by the Village of Weedsport,
under this chapter. "Waste material" does not include material treated separately
as hazardous waste under § 27-0903 of the New York Environmental
Conservation Law; source, special nuclear or by-product material as defined
in the United States Atomic Energy Act of 1954; or low-level radioactive waste
as defined in § 29-0101 of the New York Environmental Conservation
Law.
Each person shall separate their waste materials and hazardous waste
in the following groups.
L. Large household furnishings.
M. Construction and demolition debris.
Clean ashes, cinders, sand, gravel or soil deposited on real property
by or for the owner or occupant thereof for fill, grading, or landscaping
purposes shall not be deemed to be waste material or rubbish.
Failure to comply with any provision of this chapter, or any rule or regulation promulgated hereunder, shall be deemed a violation and shall be punishable as provided in Chapter
1, General Provisions, Article
I, General Penalty, of the Code of the Village of Weedsport. Each day that a violation exists shall be deemed a separate violation and may be punished as such.