[HISTORY: Adopted by the Town Board of the Town of Grand Island 12-7-1992 by L.L. No. 4-1992 (Ch. 36B of the 1963 Code). Amendments noted where applicable.]
The Town Board of the Town of Grand Island finds that the reduction of the amount of solid waste and the conservation of recyclable materials are important public concerns. The separation and collection of recyclable materials and other materials from residential, commercial and institutional establishments and rental complexes in the Town will reduce the total amount of solid waste presently generated in the Town, will reduce the need for landfills and will conserve the capacity of existing landfills.
For purposes of this chapter, the following terms, phrases and words shall have the following meanings:
- BULKIES/WHITE GOODS
- Large items such as sofas, upholstered chairs, mattresses and box springs; all major appliances such as refrigerators, stoves, dishwashers, washers, dryers, etc.
- COMMERCIAL OPERATIONS
- Include but are not limited to retail and wholesale establishments, offices, garages, gas stations, manufacturing, industrial and repair establishments, banks, motels, stores, restaurants and other similar and related facilities.
- CONSTRUCTION AND DEMOLITION DEBRIS
- Waste material from building, repair and/or removal of homes, office buildings, industrial plants and schools, including but not limited to wood scraps, metal, concrete, block, wires and industrial packaging material.
- Include but are not limited to schools, nursing homes and retirement homes, health facilities, governmental facilities, libraries, firehalls, group homes, etc.
- MUNICIPAL SOLID WASTE (MSW)
- All putrescible and nonputrescible materials that have been discarded or rejected, including but not limited to garbage, refuse and rubbish. "MSW" does not include dead animals, fecal matter, explosives, infectious wastes, flammable liquids, pesticides, oils, solvents or material treated separately as hazardous waste as defined in the New York Environmental Conservation Law, regulated medical waste as defined in the New York Environmental Conservation Law or low-level radioactive waste as defined in the New York Environmental Conservation Law.
- Any individual, firm, partnership, company, corporation, association, joint venture, cooperative enterprise, trust, municipality, other governmental agency or any other entity or group of such persons which is recognized by law as the subject of rights and duties. In any provisions of this chapter prescribing a fine, penalty or imprisonment, the term "person" shall include the officers, directors, partners, managers or persons in charge of a company, corporation or other legal entity having officers, directors, partners, managers or other persons in charge.
- PRIVATE COLLECTOR
- A person, firm, corporation or legal entity providing for the collection of MSW and/or recyclable materials.
- PRIVATE SUBSCRIPTION
- The collection of MSW, bulkies/white goods and recyclable materials where the commercial operation, rental complex or institutional contracts directly with the private collector of the subscriber's choice.
- RECYCLABLE MATERIALS
- Those clean, noncontaminated materials designated by the Town Board as requiring source separation. They include but are not limited to newspapers, corrugated cardboard, glass bottles and jars, metal food and beverage cans and plastic containers. The above materials are to be modified as the need arises.
- Any process by which materials, which would otherwise become solid waste, are collected, separated and/or processed, treated, reclaimed, used or reused.
- RENTAL COMPLEXES
- Facilities where persons live within the Town (i.e., apartments, trailer courts, townhouses or condominiums) which are not included within the definition of "resident."
- Any person residing within the Town on a temporary or permanent basis but excluding persons residing in hotels or motels.
- Separate recyclable materials from the MSW stream at the point of waste generation.
- YARD WASTE
- Organic yard and garden waste, leaves, grass clippings and brush.
Upon the effective date of this chapter, the Town of Grand Island hereby establishes a recycling program for the mandatory source separation and collection of recyclable materials from all persons, residents, institutions, rental complexes and commercial operations in the Town. The program shall be under the supervision of the Town of Grand Island and its collection agent for residential service and the licensed private collector for private subscription. All MSW shall be separated, prepared for collection and collected in accordance with this chapter. The Town of Grand Island and its collection agent shall have no obligation to pick up and remove any MSW not prepared for collection in accordance with this chapter.
The Town of Grand Island and its collection agent shall have no obligation to pick up or remove any waste material which is not provided for pursuant to the Town's contract for waste removal with a contractor or otherwise provided for by a Town-administered pickup and removal program.
Certain persons, residents, institutions, rental complexes and commercial operations are not provided for in the Town of Grand Island pickup and removal programs. Such persons are required to contract through private subscription with private collectors for the collection of MSW generated by them within the Town and shall be bound by the provisions of this chapter. Private collectors shall refuse to collect MSW from any person or party who has failed to source-separate recyclable materials and/or has not properly prepared the recyclable materials to the specifications stated herein.
No person shall dispose of waste material for collection except as follows:
Each person shall provide sealable containers for nonrecyclables unless stipulated otherwise in this chapter. Such cans or containers shall not exceed 30 gallons' capacity and, when filled, shall not exceed 60 pounds in weight. All cans or containers shall be placed at the curb or roadside for collection.
Recyclable materials shall be rinsed of contents, as appropriate, and shall be placed in the recyclable collection container.
Other materials shall be included for recycling by resolution of the Town Board according to such expansions of the recycling program.
One recycling container shall be provided for each single-family residential unit. Any stolen, lost or damaged recycling container must be replaced by the owner of such residential unit at his or her expense.
Waste material shall be collected in a manner consistent with the terms of the Town of Grand Island collection contract. All commercial operations, institutions and rental complexes located within the Town of Grand Island that dispose of MSW shall separate recyclable materials from the MSW before collection of the waste by a private collector. Separation and preparation for collection must be done in accordance with this chapter. All private collectors operating within the Town of Grand Island must comply with the conditions of this chapter, and all private collectors must move the recyclable materials collected to the recycling markets.
White goods/bulkies shall be placed in designated areas and prepared by dismantling in such a way that they will not be a hazard to the public. Doors on all refrigerators, iceboxes, and other items with tight-fitting doors shall be removed and locks on all other locking appliances shall be disabled or removed. Discarded white goods/bulkies must have been modified to comply with the most current New York State Department of Environmental Conservation and United States Environmental Protection Agency regulations before they will be collected. Certification of such compliance must be provided by the owner of such goods if requested by the Town, its collection agent or a licensed private collector.
Placement of trash at curb. For collection pursuant to a schedule announced by the Town of Grand Island, all trash must be placed on the curbline where accessible. Such trash shall be set out no earlier than 12:01 a.m. on the day prior to collection, and all containers shall be removed no later than 12:01 p.m. on the day after the collection day.
When any person properly places any recyclable materials at or near any curb, sidewalk, street or road for the purposes of collection by the Town of Grand Island or its contractor, those recyclable materials shall thereupon immediately become the property of the Town of Grand Island or its authorized agent. No person not acting under authority of the Town of Grand Island or its authorized agent shall collect, pick up, remove or cause to be collected, picked up, or removed any recyclable materials so placed for collection. Each such unauthorized collection, pickup or removal shall constitute a separate violation of this chapter.
Notwithstanding the provisions of Subsection A, where the Town of Grand Island or its agent or contractor has refused to collect certain recyclables because they have not been placed or treated in accordance with the provisions of this chapter, the person responsible for initially placing those materials for collection may and shall promptly remove those materials from any curb, sidewalk, streetside or roadside and assume possession, control and responsibility for the proper disposal of the same.
Nothing herein shall prevent any person from making arrangements for the private collection of recyclables, provided that recyclables to be privately collected shall not be placed curbside.
Nothing in this chapter shall be construed as preventing any person from utilizing vegetative yard waste for compost, mulch or other agricultural, horticultural, silvicultural, gardening or landscaping purposes.
All commercial operations, rental complexes and institutions within the Town of Grand Island shall source-separate and arrange through private subscription for the collection and disposition of MSW and recyclable materials as described herein.
The arrangement for collection and disposition of MSW and recyclable materials shall be the responsibility of the person who owns, manages and/or operates the commercial operation, rental complex or institution at which MSW and recyclable materials are generated.
No person shall cause to be imported into the Town of Grand Island waste material for garbage collection.
It shall be unlawful for any person, other than those persons so authorized, to pick up or collect any recyclable materials which have been placed at the roadside for collection or within a recycling collection area.
No person shall throw or deposit or cause to be thrown or deposited any MSW, rubbish, bulk refuse, yard waste or brush in or upon any traveled portion of a public highway, street or place or on any property not owned or occupied by him/her or it within the Town of Grand Island.
It shall be unlawful for any person or persons to dispose of any type of liquid or solid waste within the Town of Grand Island other than in a manner approved by the Town Board and/or the State of New York.
No person shall accumulate or permit the accumulation of MSW on any premises owned or occupied by him within the Town of Grand Island, except for the purpose of collection, which shall normally occur at intervals not less frequently than once every seven days, except for vacations, Sundays, holidays or extraordinary weather conditions.
No person, firm or private or municipal corporation shall place, store, deposit or dump or cause to be placed, stored, deposited or dumped for the purpose of abandonment any old junk, metal, stones, plaster, lumber, construction and demolition debris, metal tanks, automobiles, automobile parts, barrels, cans, appliances, tires, furniture, hazardous waste, regulated medical waste, radioactive waste, garbage or soil waste of any nature on any public or privately owned lot, tract of land, street, alley, road, park or reserve within the corporate limits of the Town of Grand Island.
All brush and tree parts removed by commercial contractors must be removed from the premises by the contractor. Such brush and tree parts may not be placed within a public right-of-way, except temporarily if necessary in the course of the work which produced the brush and tree parts.
All construction and demolition debris produced by a commercial contractor must be removed from the premises by the contractor. Said debris may not be placed within a public right-of-way.
No person shall engage in the business of receiving, collecting or transporting MSW, bulk refuse, recyclable materials, yard waste, brush or other refuse within the Town of Grand Island without first obtaining a license to carry on such business from the Town of Grand Island and paying the fee for such license as herein provided. Nothing herein contained, however, shall be construed to prevent any person from transporting for the purpose of disposal such MSW, bulk refuse, yard waste, brush or other refuse as is normally generated by such person on his own premises or in his own business. The term of the license issued to such person shall run from January 1 to December 31 of the year issued. Upon proper registration and payment of the required fees as set forth by the Town Board on an annual basis, the Town Clerk shall issue a license to such person, which license shall not be transferable. Such license shall be issued by the Town Clerk after review by the Town Engineer. At the time of registration and as a condition precedent to receiving a license, such person shall provide the Town Clerk, on a form prepared by the Town Clerk, the following:
The name of the collector, business address and telephone number.
The name, address and telephone number of the person having the largest ownership interest in the collector.
The name, address and telephone number of the officers of the corporation or general partners of the partnership, if applicable.
The current listing of all collection sites which the collector services within the Town of Grand Island and the number of dumpsters or other trash receptacles serviced at such collection site, which listing shall be timely updated during the course of the year, as necessary by the collector.
A recitation that the collector agrees to indemnify and hold harmless the Town of Grand Island for any and all claims, liability, expenses or causes of action, in law or in equity, arising out of or in connection with the collector's engagement in the activity permitted under the license granted herein.
Such other information as the Town Clerk shall deem appropriate and necessary.
Each collector shall maintain separate monthly records of the MSW and recyclable materials collected, transported or disposed of which include the following information:
The number of units within the Town of Grand Island in which MSW and recyclable materials were generated.
The quantity, by ton, of MSW and of each type of recyclable material collected.
The quantity, by ton, of recyclable material delivered to a recycling facility(ies) and the name and location of the recycling facility(ies).
The quantity, by ton, of MSW delivered to a disposal site and the name and location of each disposal site.
All MSW collectors shall abide by this chapter and the recycling regulations as amended from time to time by the Town Board. Failure to comply with this chapter and such recycling regulations may result in revocation of the collector's license pursuant to the provisions of this chapter.
Vehicles used by collectors shall be watertight and equipped with airtight covers for such portions as are used for the transportation of MSW and/or recyclable materials. The airtight covers shall be in place at all times the vehicle is in the Town of Grand Island, whether empty or full, except during the physical act of collection.
The name of the collector operating any vehicle used for the transportation of MSW and/or recyclable materials within the Town of Grand Island shall be displayed on both sides of each such vehicle in a prominent and legible manner.
All vehicles used by collectors must have a minimum liability insurance policy for personal injuries in the amount of $100,000 per person, $300,000 per accident and $50,000 coverage for property damage. Insurance certificates are to be supplied to the Town by the collector.
When a public official of the Town of Grand Island determines that a violation of this chapter or the recycling regulations may have been committed by a collector or applicant for a collector's license, he/she or it may recommend to the Town Board that the collector's application for license or the license be denied, suspended or revoked, as the case may be, or that the holder of said license be subject to a reprimand. Notice and an opportunity to be heard shall be provided as follows prior to the denial, reprimand, suspension or revocation of a collector's license.
The Town Clerk shall notify the affected applicant or licensee of the alleged violation in writing. The notice shall include the following:
The notice shall be personally served or sent by registered mail to the applicant or licensee's last known address, at least five days before the hearing date, with a copy to the Town Board.
Hearings shall be held before the Town Board within a reasonable period, which shall be at least 10 days after service of notice. Within 30 days after the close of the hearing, the Town Board shall:
Determine whether the alleged violation of this chapter or recycling regulations has occurred; and
If the Town Board determines that such a violation has occurred, decide whether or not an applicant's license shall be denied or whether an existing collector's license shall be suspended, revoked or its holder reprimanded.
The Town Board shall then promptly notify the applicant or licensee, in writing, of its determination.
The Town of Grand Island may order the owner or occupant of any premises upon which MSW, rubbish or bulk refuse shall have accumulated in violation of this chapter to remove such MSW, rubbish or bulk refuse from such premises within seven days after receipt of such an order. Failure of the owner or occupant to remove such MSW, rubbish or bulk refuse as so ordered shall be a violation of this chapter.
A violation of any provision of this chapter shall constitute a violation punishable, upon conviction thereof, by a fine not exceeding $250 or by imprisonment for a period not to exceed 15 days for each offense.
Any person who takes part in or assists in any violation of any provision of this chapter shall also be subject to the penalties provided herein.
Each day that a violation of any provision of this chapter is committed or permitted to exist shall constitute a separate offense.