Town of Wheatfield, NY
Niagara County
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Table of Contents
Table of Contents
[Adopted 7-10-1989 by L.L. No. 5-1989]
A. 
It is the determination of the Town Board that the Town must reduce, through source separation and other means, the volume of solid waste generated in and ultimately disposed of by the Town.
B. 
It is further the intent of the Town Board to provide a means of source separation of specified types of recyclable solid waste and a method for collection of the same in order to ensure the ultimate protection of the environment and reduce disposal costs to property owners.
As used in this article, the following terms shall have the meanings indicated:
COMMERCIAL PROPERTIES
All remaining properties and land uses not listed in the definition of "residential properties," including any four-family dwellings or more than four-family dwelling, including condominiums and townhouses.
CONSTRUCTION DEBRIS
Discarded material, concrete, stone, rock, plaster, roofing, wood, trees or limbs over two inches in diameter or metals connected thereto.
HAZARDOUS WASTE
The meaning as set forth in Article 27 of the Environmental Conservation Law, as amended.
NONRECYCLABLE MATERIALS
Toxic, flammable, rags, sweepings, excelsior, rubber, leather, wood, crockery, shells, clothing, straw, dirt, ashes, rubber products, flammable solids or liquids, household appliances, furniture or household furnishings, construction debris, putrescible waste, asbestos, hazardous waste and such other materials as are from time to time determined by the Town Board by resolution as not suitable for recycling.
[Amended 7-14-2003 by L.L. No. 8-2003]
PERSON
Any person, firm, partnership, association or corporation.
RECYCLABLE MATERIALS
Includes:
A. 
Aluminum cans, foil and other materials made solely from aluminum.
B. 
Paper, including newspapers, magazines and cardboard.
C. 
Glass, in categories of clear, brown or green, with metal removed.
D. 
Metal cans or ferrous metals.
E. 
Compost, trees, limbs or branches.
F. 
Plastics as designated in the Town recycling contract.[1]
G. 
Any other material for which there is an economic market. The term "economic market" is defined as "a situation where cost of collection, transportation and sale of the material is less than the cost of collection, transportation and disposal of the material."
[Added 7-14-2003 by L.L. No. 8-2003]
RESIDENTIAL PROPERTIES
Any one- , two- and three-family dwelling.
SOLID WASTE
The meaning as set forth in Article 27 of the Environmental Conservation Law, as amended.
SOURCE SEPARATION
The physical separation of recyclable materials from nonrecyclable materials in a manner as set forth in this article and by regulations adopted hereunder.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Supervisor or other person designated by the Town Board is hereby authorized to establish in the Town of Wheatfield the Recycling Management Program (hereinafter "the program") and is hereby authorized to undertake the duties hereinafter set forth:
A. 
To administer this article and the program under the direction of the Town Board pursuant to the rules and regulations adopted by the Town Board, with the assistance of such other Town departments, boards, commissions, committees and employees as the Town Board may, from time to time, require.
B. 
To promulgate rules and regulations for the administration of the program, subject to the approval of the Town Board, and set the times for collection of all waste within the Town.
C. 
To investigate the environmental benefits and impacts upon the Town of the program and keep such statistical data as the Town Board may require.
The Town Supervisor is hereby authorized to enter into agreements, consortiums and intermunicipal agreements, as authorized by the Town Board, from time to time for the purpose of fostering recycling on a multi-Town or county-wide basis and enter such other agreements, as the Town Board may deem advisable, with private corporations or individuals in order to promote the program within the Town of Wheatfield and provide for an organized method of collection.
The Town Board may establish a recycling center(s) for the disposal of recyclable materials at a place or places to be located within the Town under the provisions of this article.
[Amended 7-14-2003 by L.L. No. 8-2003]
All persons or other waste generators shall sort separate recyclable material as specified in this article and as follows:
A. 
All recyclable materials shall be separated at curbside, as designated by the Town Board.
B. 
Each recyclable material shall be bundled or packaged separately and placed at curbside.
C. 
No container or bag containing recyclable material shall have a total weight exceeding 20 pounds. Each container or bag shall be watertight, plastic or metal and be of no more than twenty-gallon capacity. No recyclable material shall be placed at curbside more than 24 hours in advance of the regular sanitation collection for nonrecyclable waste. Use of a Town recycling center shall be limited to Town residents, businesses located within the Town or the owners of property in the Town.
D. 
The Town Board, in its discretion, may provide for bags or other containers at a cost to be determined by the Town Board to be utilized to source-separate recyclable materials.
E. 
The Supervisor or his or her duly designated employee or agent may limit the use of a recycling center(s) or may limit refuse to be picked up at the curbside or may refuse waste if, in the Supervisor's or duly designated employee's or agent's discretion, the material is not compatible with the Town's program or the recyclable material intended to be disposed of contains material which is, in part, nonrecyclable or consists of, in whole or part, hazardous or flammable material or the material is of a quantity which is not capable of being disposed of in a safe, prompt or environmentally suitable manner or the material consists of materials which are recyclable but are not classified and separated pursuant to this article or rules established hereunder.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
No person shall set construction debris at the curbside unless authorized by the Town Board or Supervisor. All such debris shall have a maximum quantity of 300 pounds and be neatly stacked in units of no more than two by two by four feet and shall have a maximum individual weight of 60 pounds per bundle or unit. If such waste is not collected by the Town, it shall be the responsibility of the owner of such debris to dispose of the same at the owner's own cost and expense.
G. 
No person who is not a resident, property owner or business located within the Town shall dispose of any solid waste in the Town which emanates from outside the Town.
H. 
Appliances. Major appliances, including washers, dryers, stoves, water heaters or refrigerators, shall not be placed at curbside or disposed of within the Town unless authorized by the Supervisor or duly designated employee.
I. 
All commercial properties, as defined in § 161-10, shall be responsible for providing their own means of solid waste disposal and recycling under separate arrangements with private corporations or individuals unless otherwise authorized by resolution by the Town Board. Any commercial properties, as defined in § 161-10 which use dumpsters and containers, compactors or other devices for the disposal of garbage or refuse or areas designated for such refuse shall provide enclosures for such devices or areas and properly maintain the enclosures. The enclosures shall be a minimum of six feet in height or one foot above the highest point of the sanitation dumpster or container, compactor or other device, whichever is greater. The fencing or enclosure shall be of architectural quality material or wood or concrete block similar to adjacent buildings or structures. The location and construction of any such enclosure shall be in conformance with this article or the New York State Fire Prevention and Building Code (Chapter 69, Building Construction and Fire Prevention).
J. 
All contractors, subcontractors and remodelors shall be required to make arrangements through a private waste hauler for the removal of construction debris from construction and/or remodeling projects located within the Town of Wheatfield. In no event shall any contractor, remodelor or construction company utilize curbside pickup which may be allowed under Subsection F. Nothing stated herein shall prohibit such a company from removing construction debris and disposing of it in an appropriate facility by its own forces.
K. 
All materials placed at curbside for pickup and/or recycling become the property of the Town or private corporations or individuals under contract to the Town for collection and recycling unless otherwise authorized by the Town Board.
The Town Board is hereby authorized to seek bids or enter into such agreements for the hauling and recycling of waste, subject to the requirements of law, as it may deem necessary.[1]
[1]
Editor's Note: See also Ch. 28, Procurement Policy.
The provisions of this article shall be enforced by the Town's Code Enforcement Officer. The Code Enforcement Officer is hereby empowered to issue appearance tickets for violations of any provision of this article.
[Amended 9-15-2008 by L.L. No. 8-2008]
Any person violating any provision of this article, upon conviction thereof, shall be punishable by a fine not to exceed $250 or imprisonment not to exceed 15 days, or both such fine and imprisonment, for the first offense. Any subsequent violations of this article by such offender shall be an unclassified misdemeanor and, upon conviction, such person shall be subject to a fine of not less than $250 nor more than $1,000 or imprisonment not exceeding one year, or both such fine and imprisonment.