[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:
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.
Discarded material, concrete, stone, rock, plaster, roofing,
wood, trees or limbs over two inches in diameter or metals connected
thereto.
The meaning as set forth in Article 27 of the Environmental
Conservation Law, as amended.
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]
Any person, firm, partnership, association or corporation.
Includes:
Aluminum cans, foil and other materials made
solely from aluminum.
Paper, including newspapers, magazines and cardboard.
Glass, in categories of clear, brown or green,
with metal removed.
Metal cans or ferrous metals.
Compost, trees, limbs or branches.
Plastics as designated in the Town recycling
contract.[1]
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]
Any one- , two- and three-family dwelling.
The meaning as set forth in Article 27 of the Environmental
Conservation Law, as amended.
The physical separation of recyclable materials from nonrecyclable
materials in a manner as set forth in this article and by regulations
adopted hereunder.
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]
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]
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.
