[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:
Large items such as sofas, upholstered chairs, mattresses
and box springs; all major appliances such as refrigerators, stoves,
dishwashers, washers, dryers, etc.
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.
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.
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.
A person, firm, corporation or legal entity providing for
the collection of MSW and/or recyclable materials.
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.
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.
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.
Organic yard and garden waste, leaves, grass clippings and
brush.
A.
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.
B.
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.
C.
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:
A.
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.
B.
Recyclable materials shall be rinsed of contents,
as appropriate, and shall be placed in the recyclable collection container.
C.
Other materials shall be included for recycling by
resolution of the Town Board according to such expansions of the recycling
program.
D.
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.
E.
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.
F.
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.
G.
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.
A.
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.
B.
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.
C.
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.[1]
A.
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.
B.
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.
A.
No person shall cause to be imported into the Town
of Grand Island waste material for garbage collection.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
A.
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:
(1)
The name of the collector, business address and telephone
number.
(2)
The name, address and telephone number of the person
having the largest ownership interest in the collector.
(3)
The name, address and telephone number of the officers
of the corporation or general partners of the partnership, if applicable.
(4)
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.[1]
(5)
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.
(6)
Such other information as the Town Clerk shall deem
appropriate and necessary.
B.
Each collector shall maintain separate monthly records
of the MSW and recyclable materials collected, transported or disposed
of which include the following information:
(1)
The number of units within the Town of Grand Island
in which MSW and recyclable materials were generated.
(2)
The quantity, by ton, of MSW and of each type of recyclable
material collected.
(3)
The quantity, by ton, of recyclable material delivered
to a recycling facility(ies) and the name and location of the recycling
facility(ies).
(4)
The quantity, by ton, of MSW delivered to a disposal
site and the name and location of each disposal site.
C.
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.
D.
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.
E.
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.
F.
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.
A.
Notice.
(1)
The Town Clerk shall notify the affected applicant
or licensee of the alleged violation in writing. The notice shall
include the following:
(2)
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.
B.
Hearings.
(1)
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:
(a)
Determine whether the alleged violation of this
chapter or recycling regulations has occurred; and
(b)
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.
(2)
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.
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.[1]
B.
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.
