Village of Westfield, NY Solid Waste

Whenever used in this article, or in the resolutions duly adopted under the authority of this article by the Board of Trustees, unless otherwise expressly stated or unless the context or subject matter requires a different meaning, the following words shall have the respective meanings hereinafter set forth:

ASHES

All substances or material which remain after combustion.

DISTINCTIVELY LABELED BAG

A plastic or other bag of such size and design as may be determined by the Board of Trustees containing a distinctive imprint or label, to be used for the collection and disposal of nonrecyclable garbage and trash in the Village of Westfield.

GARBAGE

All organic waste material, both animal and vegetable.

HAZARDOUS WASTE

A waste or combination of wastes which, because of its quantity, concentration or physical chemical or infectious characteristics, may:

(1)

Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or

(2)

Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.

All those chemicals, waste, oils and/or those articles or materials listed under § 27-0903 of the Environmental Conservation Law as drawn up by the Commissioner.

LANDFILL

A disposal facility or part of a facility where solid waste is placed in or on land, and which is not a land treatment facility, a surface impoundment or an injection well.

PAPER

Wastepaper, cardboard, cardboard boxes and containers.

PERSON

An individual, trust, firm, joint-stock company, corporation, partnership, association or any interstate body.

PERSON IN CHARGE

A natural person, association, partnership, firm or corporation that occupies, manages, uses or controls premises.

RECYCLABLES

Those items or materials appearing on the official list of mandatory recyclable materials as adopted by the Board of Trustees.

REFUSE

All other waste material not otherwise specifically defined.

STORAGE

The containment of waste, garbage or refuse for a period of over 60 days in such a manner as not to constitute disposal of such waste.

TRASH

All discarded material not suitable for further use.

VEHICLE

A motor vehicle designed or adapted for use in the removal of garbage and trash.

WASTE

Any garbage, refuse, trash, sludge and all other waste material not otherwise specifically defined.

WHITE GOODS

Washing machines, clothes dryers, refrigerators, freezers and all other similar types of materials that are of recyclable value.

§ 128-2 Prohibited disposal of garbage and trash.

Public property. No person shall place, throw or deposit or cause to be placed, thrown or deposited any garbage, refuse, papers, trash, hazardous waste and/or material or ashes upon any sidewalk, street, alley, lane, gutter or any public ground in the Village or into any stream or upon the banks of any stream running through or adjacent to said Village.

Private property. No person shall place, throw or deposit or cause to be placed, thrown or deposited any garbage, refuse, papers, trash, hazardous waste and/or material or ashes upon the private property of another person, except that ashes may be deposited thereon with the owner's permission for the purpose of filling land so long as it is immediately covered with a suitable material to prevent ashes from blowing into the air.

Burning or burying. No person shall bury or openly or cause to be buried or openly burned any garbage, refuse, papers, trash, hazardous waste and/or materials within the Village limits.

Disposal of all solid wastes in accordance with this article. No person shall place, throw or deposit or cause to be placed, thrown or deposited any garbage, refuse, papers, trash, ashes, white goods, hazardous material or waste in the Village of Westfield except in conformance with this article.

§ 128-3 Obligation to separate recyclables.

All persons residing within the corporate limits of the Village of Westfield shall separate all nonrecyclable garbage and trash from recyclable trash.

§ 128-4 Restrictions on use of vehicles.

The collection, removal and carrying of garbage, refuse, trash, paper, hazardous waste and/or materials and ashes on any highway, street, alley or lane of the Village must be done in covered, watertight vehicles which shall be in accordance with the rules and regulations of the Board of Health. No garbage, papers, trash, refuse, hazardous waste and/or materials or ashes shall be spilled or scattered along the streets or public places, and the vehicles used for the collection and transportation of such material shall not be allowed to stand or tarry along the public streets for a longer time than shall be reasonably necessary for the loading of the same.

§ 128-5 Garbage and recyclables from outside the Village prohibited.

It shall be a violation for nonresidents of the Village of Westfield to transport or cause to be transported recyclable materials into the Village for disposal through a Village-operated recycling program.

§ 128-6 Permitting disposal of materials from outside the Village prohibited.

It shall be a violation for any resident of the Village, owner, lessee or person in control of real property within the Village to permit any person to bring in, place or deposit any refuse or recyclables originating from outside the Village on any real property owned or leased by him or her or under his or her control for the purpose of disposal under the Village-operated recycling program.

§ 128-7 Deposit of materials into trash receptacles located on Village property restricted.

It shall be a violation to place any materials into a trash receptacle located on Village property unless such waste was generated at that location, except that picnic wastes may be deposited in receptacles designated for that purpose while lawfully picnicking at Ottaway Park or other authorized picnic areas.

§ 128-8 Reuse of distinctively labeled bags prohibited.

It shall be a violation to reuse, or permit to be reused, a distinctively labeled bag that has previously been placed at the curb- or streetside for collection.

§ 128-9 Materials subject to mandatory recycling.

The official list of recyclable materials is:

(1)

Newspaper/newsprint.

(2)

Glass jars and containers (no ceramic, porcelain, Pyrex or window glass).

(3)

Metal cans, tin, aluminum or bimetal.

(4)

Soft plastic bottles.

(5)

Garden and yard waste.

[Added 10-30-1995 by L.L. No. 5-1995]

For the purpose of being able to react promptly to recycling requirements of Chautauqua County and the State of New York, the Board of Trustees is hereby empowered to attend the official list of recyclable material by resolution following notice and publication. Failure to recycle materials on this official list, except where otherwise excepted by this article or resolution(s) adopted pursuant to this article, shall be a violation of this article.

§ 128-10 Recyclable and nonrecyclable material disposal.

All persons residing in the Village of Westfield shall dispose of nonrecyclable materials as set out below:

(1)

All nonrecyclable garbage and trash shall be placed sealed in a distinctively labeled bag sold for this purpose by the Village of Westfield.

(2)

Distinctively labeled bags may be placed into a steel or plastic trash can to provide additional protection from animals and the elements.

(3)

Each bag may not exceed a gross weight of more than 50 pounds.

(4)

Poisons, acids, caustics, explosives, ashes and all other hazardous waste, including medical waste (such as syringes, body tissue, infectious substances, blood, drugs, etc.), will not be accepted and cannot be disposed of through the Village-operated solid waste management program.

(5)

Construction and demolition waste will not be accepted.

(6)

Storage of materials or trash, including empty trash cans, is not permitted at the curb or right-of-way. Materials cannot be placed at the street for collection any earlier than 6:00 p.m. the day prior to the scheduled collection date nor can anything remain at the street any later than 6:00 a.m. the day following the scheduled collection day.

(7)

The distinctively labeled bags, or trash cans containing these bags, shall be placed at the curb or, where there is no curb, at the side of the street for collection and disposal by collection personnel.

(8)

If collection cannot be made on a holiday that is observed by the Chautauqua County landfill, the trash will be collected on the next weekday. No collections will be made on Saturday or Sunday.

(9)

Collection days shall be every Monday.

(10)

Garbage and trash should be placed out for collection no later than 5:00 a.m. on the scheduled collection day to ensure it being picked up. The time when the truck arrives at your address can change due to truck breakdowns, weather conditions, route changes and other factors. Return trips will not be made.

(11)

Nonrecyclable waste that is acceptable for disposal in the distinctively labeled bags includes: garbage, both animal and vegetable; paper products like towels, letters, cereal boxes, wrapping paper, glossy colored ads, paper plates, diapers, cardboard juice cans, ice cream cartons and milk cartons; aerosol cans; toothpaste tubes, bottle tops and caps; hard plastics like toys are made from; plastic bags; wrappers; styrofoam; clothing. Basically anything that is not on the official recyclable list can be disposed of in the distinctively labeled bag, except where otherwise noted.

All persons residing in the Village of Westfield shall dispose of recyclable materials as set out below:

(1)

Except as otherwise stated, the contracted waste hauler shall pick up recyclable items placed at the curbside on the Monday of each week of the month designated as a recycling pickup week. Each designated recycling week shall be predetermined by the contracted waste hauler and communicated to the residents and the Village of Westfield in advance of any given recycling contract period.

[Amended 4-16-2001 by L.L. No. 2-2001]

(a)

The contracted waste hauler shall be solely responsible for communicating to the public the type of recyclable item(s) (e.g., soft plastics, papers and cardboard, glass, and tin/aluminum/other metals) that must be placed out to the curbside for each designated recycling week.

(b)

The contracted waste hauler shall develop and mail to all residents a color-coded chart that designates the specific recyclable item that can be set out at the curbside on the Monday of each designated recycling pickup week. Each kind of recycling item shall be assigned a color and when that color is listed on the chart for a specific recyclable item, only that item may be taken to the curbside for pickup. The color-coded chart shall be sent to the Village Offices at 23 Elm Street, Westfield, N.Y. and to all residents at least 14 days prior to the beginning of the recycling contract period.

(2)

Recyclable materials cannot be placed in the distinctively labeled bags for disposal.

(3)

Materials picked up at curbside for recycling can be placed in suitable boxes, bags or other receptacles which must be retained by the individual for reuse or must be properly disposed of. All recyclable materials shall be kept dry.

(4)

Newsprint shall be bundled and tied with twine only not weighing more than 35 pounds per bundle. Material must be dry.

(5)

Glass jars and containers shall have lids removed (lids are not recyclable), shall be washed clean and shall be separated by color. No plate glass or mirror glass or light bulbs shall be accepted. Material must be dry.

(6)

Tin, aluminum and other metal cans should be washed clean and have labels removed. The ends of the can may be cut out to facilitate flattening. The ends can be included with the can. Cans may be mixed.

(7)

Soft plastic, such as milk jugs, shampoo bottles, ketchup bottles, detergent bottles, etc., should be washed clean and have caps removed (caps are not recyclable).

All persons residing in the Village of Westfield shall dispose of other waste materials as set out below:

(1)

Grass, garden waste, weeds and leaves can be composted by the individual if desired. Otherwise, leaves can be raked to the street daily during normal fall leaf collection.

(2)

Storm damaged limbs and branches shall be no longer than 10 feet in length and shall be placed so that the butt-ends face toward the street. Pickup will be made after windstorms or rainstorms and at designated spring cleanup dates. Materials shall not be placed out any other time.

(3)

Tires must be disposed of through a private firm and will not be accepted by the Village.

(4)

For large quantities of trash and construction/demolition waste, please contact a private waste disposal service or call the Village Street Department at 326-3477 for assistance.

(5)

Household furnishings such as carpet, furniture, bedding, televisions, etc., must be disposed of through a private disposal firm.

§ 128-11 Authority to establish additional preparation requirements.

The Board of Trustees is hereby empowered to establish by resolution, upon notice and publication, the materials and preparation requirements as may be necessary to effectively and efficiently carry out the solid waste management goals of this article. The provisions of this article shall incorporate by reference any such resolution, and compliance with the provisions of this article shall also require compliance with such resolutions as may be passed upon hereunder.

§ 128-12 Alternate disposal methods allowed.

Nothing in this article shall be deemed to prohibit any person from contracting with a private hauler for removal of waste and recyclables. Nothing in this article shall be deemed to prohibit any person from disposing or causing to be disposed of waste and recyclables at a landfill or transfer station operated by the County of Chautauqua or its duly designated representative or with a private firm properly, lawfully authorized to dispose of these materials.

§ 128-13 Exceptions to recycling provisions.

[Amended 9-25-2000 by L.L. No. 2-2000]

All provisions for recycling waste as indicated herein shall be complied with without exception. All persons, institutions, commercial entities and other organizations that produce recycling waste must comply with the provisions of this article, including self-sorting/separation of recyclable material. In the event that a person or entity becomes incapacitated due to physical disability, illness or any other legitimate reason, the Village of Westfield will work with said person or entity to ensure that the provisions of this article are complied with to the extent practicable.

§ 128-14 Use of distinctively labeled bags.

It shall be the responsibility of all persons residing within the Village to separate all nonrecyclable garbage and trash from recyclables and to place and seal nonrecyclables in a distinctively labeled bag sold by the Village of Westfield or its authorized agent. No person shall use any bag other than the bags issued by the Village for disposal under the Village-operated solid waste program. No person shall duplicate or imitate any distinctively labeled bag issued by the Village of Westfield. No person shall give, sell or issue in any manner a duplicated or imitated distinctively labeled bag. Any prohibited action of this section shall constitute a violation of this article.

§ 128-15 Waste in nondistinctively labeled bags.

In the case where waste is deposited in bags or containers that are not the distinctively labeled bags, it shall be presumed that such waste is the responsibility of the person, or persons, that may be identifiable by inspection of the contents of the container or bag. In the event that identification cannot be determined by said inspection, it will be presumed that the waste is the responsibility of the occupant of single-family dwellings or the owner of all other buildings or real property where such placement has been made.

§ 128-16 Fees. [1]

The Board of Trustees shall establish by resolution the user collection fee which shall be applicable to all users of the Village-operated solid waste management program. Fees may be imposed for both recyclable as well as nonrecyclable materials but shall not be in excess of what is needed to operate the waste management program. Said fees may be changed from time to time by resolution of the Board of Trustees upon notice and publication.

[1]

Editor's Note: The Fee Schedule is on file in the office of the Village Clerk and can be examined there during regular office hours.

§ 128-17 Enforcement; penalties for offenses.

The provisions of this article or the resolutions duly adopted under the authority of this article shall be enforceable by the Mayor, any member of the Board of Trustees, any peace officer, any police officer, any code enforcement officer or any agent duly authorized by resolution of the Board of Trustees.

Any person, firm or corporation who or which shall violate any of the provisions of this article shall be guilty of an offense and shall be subject to a fine not exceeding $250 or a term of imprisonment not exceeding 15 days, or both. Each day's continued violation shall constitute a separate offense.

[Amended 10-30-1995 by L.L. No. 5-1995][1]

[1]

Editor's Note: Original Section 19, which immediately followed this section and which made provisions for initial compliance, was deleted 10-30-1995 by L.L. No. 5-1995.