[HISTORY: Adopted by the Town Board of the Town of Cicero 11-13-2000
by L.L. No. 8-2000.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 68.
Dumping — See Ch. 94.
Littering — See Ch. 135.
[1]
Editor's Note: (This local law repealed former Ch. 177, Solid Waste,
comprised as follows: Art. I, Collection, Removal and Disposal, adopted 4-23-1990
by L.L. No. 1-1990; Art. II, Resource Recovery adopted 12-31-1991 by L.L.
No. 3-1991, amended in its entirety 3-9-1992 by L.L. No. 1-1992.)
The reduction of the amount of solid waste and conservation of recyclable materials is an important public concern because of the increasing cost of solid waste collection and disposal and its impact on the environment. The separation and collection of recyclable materials serves the general public's interest in our Town by reducing the amount of solid waste and will otherwise comply with the Onondaga County Source Separation Law (Local Law No. 12 of 1989) and other applicable provisions of law. In 1988, in the interest of public health, safety and welfare, and in order to conserve energy and natural resources, the State of New York enacted a New York State Solid Waste Management Act which established the following solid waste hierarchy: waste reduction, reuse, recycling and waste-to-energy (see New York Environmental Conservation Law § 27-0106) with land burial as a last resort only when reuse, recycling or waste-to-energy were unavailable. Section B-35 of the State Solid Waste Management Plan - 1997-1998 Update recommended that Onondaga County take immediate steps to develop environmentally acceptable facilities to manage the solid waste generated in the county. In December 1991, Onondaga County adopted a comprehensive Solid Waste Management Plan that was subsequently approved by the State Department of Environmental Conservation. The county plan, applicable to municipalities within the county, preferred waste-to-energy as a safe and sanitary alternative to the threat to the groundwater supply and other liabilities posed by the burying of such waste. Those reasons are further delineated in Section 5 of the aforementioned county plan. Public Authorities Law § 2045-e(7) and (8) allows the Onondaga County Resource Recovery Agency to contract with municipalities for the delivery of such waste and, in furtherance thereof, to process such solid waste. In compliance with both the State and County Solid Waste Management Plans, the Town of Cicero has determined that all solid waste, both residential and commercial, generated in our Town and destined for disposal in the State of New York, may not be disposed of at any place other than the approved disposal site designated by the Town Board in § 177-2 hereof. The basis of that determination is attached hereto as Exhibit A and incorporated by reference.[1] This chapter will also establish and refine regulations requiring
the licensing of municipal haulers and governing hauler services for the collection
and disposal of solid waste materials. This chapter shall not regulate or
otherwise restrict any disposal of solid waste generated within the Town that
is to be disposed of out-of-state or any handling of recyclable materials
separated from the rest of the solid waste in accordance with Onondaga County's
Source Separation Law nor regulate the price, route or service of any motor
carrier with respect to the transportation of property prohibited by the Federal
Aviation Administration Authorization Act of 1994, as amended (49 U.S.C.A.
§ 14501 et seq.).
[1]
Editor's Note: Exhibit A is on file in the Town offices.
As used in this chapter, the following terms shall have the meanings
indicated:
The Onondaga County Resource Recovery Agency.
Any facility operated by or designated by the Agency. Agency facilities
include the Agency transfer stations at Ley Creek and Rock Cut Road, Rock
Cut Road waste-to-energy facility, Agency landfill (when built), Agency yard
waste composting facilities at Jamesville and Amboy, construction and demolition
processing facility at Ley Creek and Agency-designated materials recovery
facilities.
The Onondaga County waste-to-energy facility on Rock Cut Road in
the Town of Onondaga.
Discarded building material, concrete, stones, earth from excavations
or grading and all other refuse material resulting from the erection, repair
or demolition of buildings, structures or other improvements of property.
The County of Onondaga.
Those recyclables designated by the County of Onondaga and the Onondaga
County Resource Recovery Agency pursuant to Local Law No. 12 of 1989, including
the following:
CORRUGATED PAPER: cardboard containers, boxes and packaging, including
pizza boxes, which are cleaned of contamination by food wastes, or polystyrene,
commonly called "styrofoam," and which have been flattened for transport.
GLASS: empty, washed glass jars, bottles and containers of clear, green
and amber (brown) that contained food and drink, caps removed. This term excludes
ceramic, window glass, auto glass, mirror and kitchenware.
METAL: all ferrous and nonferrous metals, including steel, aluminum
and composite cans and containers (cleaned of food wastes) and empty aerosol
cans that did not contain hazardous material. Scrap metal, wire, pipes, tubing,
motors, sheet metal, etc., are recyclable but must be recycled through scrap
dealers.
NEWSPAPERS, magazines and catalogues: includes common machine-finished
paper made chiefly from wood pulp used for printing newspapers, as well as
glossy inserts, magazines and catalogues. All must be free of contaminants.
OFFICE PAPER: all bond paper and also computer printout, stationery,
photocopy and ledger paper of any color from all waste generators. Paper should,
if possible, be free of tape, adhesives, labels, rubber bands, paper clips,
binders and other contaminants. This term excludes carbon paper, chemical
transfer paper and tyvek or plastic-coated envelopes.
PLASTICS: All HDPE- and PET-type plastic bottles (No. 1 and No. 2),
including empty, washed food, beverage, detergent, bleach and hair-care containers,
with lids removed. This term excludes all photographic film, vinyl, rigid
and foam plastic materials, as well as plastics numbered 3 through 7 and HDPE
oil bottles, as well as No. 1 and No. 2 containers that are not bottles or
contained hazardous material.
KRAFT PAPER: as found in brown paper bags and package wrapping.
BEVERAGE CARTONS: includes gabled topped paper cartons that contained
milk and juice products.
PAPERBOARD: paper packaging as found in cereal, cracker and tissue boxes,
etc. and toilet tissue and paper towel tubes.
MIXED PAPER: includes discarded and bulk mail, computer paper, colored
paper, greeting cards, wrapping paper and carbonless multi-part forms; excludes
any paper coated with foil or plastic.
That street curb immediately in front of the property from which
solid waste material and recyclables to be collected are generated or, in
the absence of an actual curb, that portion of the property which is immediately
adjacent to the street.
The use of collection receptacles for residential, commercial and
institutional solid waste generators and the regular periodic pickup and transfer
of the contents of such receptacles by a hauler at the location of a waste
generator.
A household residing in a dwelling of four units or less and which
is required to utilize recycling containers.
Any person, company or firm that engages in the collection, transportation,
disposal or delivery of solid waste within our Town.
Any waste (excluding household hazardous waste) which is defined or
regulated as a hazardous waste, toxic substance, hazardous chemical substance
or mixture, or asbestos (regulated waste) under federal, state or local law,
or under rules, regulations, policies or guidelines issued in relation thereof,
as they may be amended from time to time, including, but not limited to:
The Resource Conservation and Recovery Act of 1976 (42 U.S.C. §§ 6901
et seq., as amended by the Hazardous and Solid Waste Amendments of 1984) and
the regulations contained in 40 CFR Parts 260-281.
The Toxic Substances Control Act (15 U.S.C. §§ 2601 et
seq.) and the regulations contained in 40 CFR Parts 761-766.
The State Environmental Conservation Law (Title 9 of Article 27) and
the regulations contained in 6 NYCRR Parts 370, 371, 372 and 373 (Subpart
373-3).
Radioactive materials which are source, special nuclear or by-product
material as defined by the Atomic Energy Act of 1954 (42 U.S.C. §§ 2011
et seq.) and the regulations contained in 10 CFR Part 40.
Any other material that, by federal, state or local law, or under rules,
regulations, policies, guidelines or orders having the force of law in relation
thereto, are regulated as harmful, toxic or hazardous to health and ineligible
for processing at the Agency facility.
All other large and/or bulky articles actually used in the home and
which equip it for living, such as chairs, sofas, tables, beds or carpets.
A large and/or bulky household mechanism, such as a refrigerator,
washer, dryer, stove, furnace or hot water tank.
A private or public facility for receiving and processing recyclables
into marketable commodities.
Any solid waste which is generated in the diagnosis, treatment or
immunization of human beings or animals, in research pertaining thereto, or
in the production or testing of biologicals.
The license issued by the Town to a hauler as a prerequisite to performing
solid waste collection services within the Town's municipal limits.
A natural person, association, partnership, firm, corporation, limited-liability
company, trust, estate or governmental unit and any other entity whatsoever.
Those recyclable materials, including county-designated recyclable
materials, which can be practically separated from nonrecyclable waste for
which reuse markets can be accessed for less than the cost of disposal.
The blue bin or other container supplied by the Agency, county, the
Town or their designees for use by eligible households within the Town. Such
containers shall be used exclusively for the storage of county-designated
recyclable materials. Such containers shall at all times remain the property
of the Agency.
The Onondaga County Source Separation Law, Local Law No. 12, adopted
March 6, 1989, as subsequently amended.
Those medical wastes that have been listed in 6 NYCRR 364.9, Paragraph
(c)(1), and that must be managed in accordance with the requirements of that
part.
All materials or substances discarded or rejected as being spent,
useless, worthless or in excess to the owners at the time of such discard
or rejection, including but not limited to garbage, refuse, residential, governmental,
commercial and/or light industrial refuse but shall not include recyclables,
yard and garden waste, human wastes, rendering wastes, demolition wastes,
residue from incinerators or other destructive systems for processing waste
(other than now existing individual building incinerators, the residue from
which is presently collected as part of normal refuse collection practices),
junked automobiles, pathological, medical, toxic, explosive, radioactive material
or other waste material which, under existing or future federal, state or
local laws, requires special handling in its collection or disposal.
Onondaga County's Solid Waste Management System as operated by the
Onondaga County Resource Recovery Agency and every aspect thereof, including
but not limited to the Rock Cut Road waste-to-energy facility, Agency landfill
(when built), yard waste composting facilities at Jamesville and Amboy, construction
and demolition processing facility at Ley Creek and the Rock Cut Road and
Ley Creek transfer stations.
The Town of Cicero.
The Town Board of the Town of Cicero.
The Clerk of the Town of Cicero.
The special district created by the Town for the purpose of collecting
residential solid waste and recyclable materials.
[Added 8-25-2003 by L.L. No. 6-2003]
A contract or contracts awarded by the Town on behalf of the Town
Refuse Collection District No. 1.
[Added 8-25-2003 by L.L. No. 6-2003]
Any person which produces solid waste requiring off-site disposal.
Garden waste, leaves, grass clippings, weeds and brush.
It shall be a precondition of doing business as a hauler in the Town
that the person/firm intending to conduct such business obtain a municipal
hauler license and a Town sticker. An application on a form approved and provided
by the Town must be submitted to the Town Codes Enforcement Office in which
the person satisfactorily shall be bound by the following provisions:
A.
The hauler will deliver all of the nonrecyclable solid waste (residential and commercial) it collects within the Town and destined for disposal in the State of New York to the approved disposal site specified in § 177-2 above. It shall be unlawful to unload or deposit any solid waste hauled from any premises within the limits of the Town and destined for disposal in the State of New York at any place other than the approved disposal site specified by the Town in § 177-2 above. Any hauler failing to dispose of said solid waste at the approved disposal site so designated shall be subject to having its license revoked.
B.
The hauler will supply a plan of operation for collection
and transportation and which provides for a recycling plan as required by
Onondaga County Local Law No. 12 of 1989 as it applies to haulers, which it
shall adhere to and comply with. The hauler shall agree to provide for the
collection of county-designated recyclables in every waste hauler disposal
agreement, written or oral, as part of its standard service and to include
the cost of such collection in its standard waste collection rates.
A.
The hauler shall attach a municipal sticker which must
be visibly and securely affixed to the driver's side vent window or upper
part of the driver's side of the windshield of each of the hauler vehicles
in operation.
B.
No hauler shall duplicate or imitate a municipal sticker
or sell or transfer in any manner a municipal sticker.
Municipal hauler licenses issued pursuant to this chapter shall be effective
for an annual term from June 1 through May 31 (one calendar year).
A.
The Town shall have the right to cancel any existing
municipal hauler license upon 30 days' written notice to the hauler if the
Town shall enact legislation establishing a new system for collection of solid
waste in the Town that is inconsistent with the continuation of said license.
B.
The Town shall revoke a municipal hauler license upon the happening of any or a combination of the following: failure of the hauler to comply with any provision of § 177-3 or 177-4 of this chapter. Prior to any such revocation, the hauler shall be notified by the Town of an opportunity for a hearing in the matter, which hearing shall be held not less than five days after the hauler is notified in writing by the Town of the pending license revocation and the charges against it. All hearings shall be on a date and time and at a place determined by the Town. The hearing shall be informal and held before the Town Supervisor or his/her designee. Compliance with technical rules of evidence shall not be required, and the decision of the Town Supervisor or his/her designee shall be final.
The Town hereby adopts as its source separation legislation, required
pursuant to General Municipal Law § 120-aa, the Onondaga County
Source Separation Law (i.e., Local Law No. 12 of 1989) as adopted by the Onondaga
County Legislature and subsequently amended under its terms.
A.
No hauler shall dispose of county-designated recyclable
materials picked up in our Town as solid waste, nor shall any hauler accept
county-designated recyclable materials for disposal as solid waste.
B.
Recycling containers shall at all times remain the property
of the Agency or Town, as the case may be, and are provided for the use and
convenience of eligible households in complying with this chapter. No hauler
shall:
(1)
Remove a recycling container from the Town.
(2)
Willfully destroy a recycling container.
(3)
Dispose of a recycling container other than by returning
such container to the Town at a designated location.
(4)
Use a recycling container for other than the temporary
storage of county-designated recyclable materials.
The Town Board may, by resolution, designate and impose such other fees
as it deems reasonable and appropriate in relation to the collection and disposal
of any solid waste. After any such fees are imposed, the manner of implementation
and collection shall be by regulation of the Town Board or its designee not
inconsistent with the terms of the resolution imposing such fees. The Town
Board may, by resolution, also from time to time establish fees to defray
expenses in connection with the fee for the municipal hauler license and administration
of this chapter. Fees shall be paid by the applicant at the time of application.
[Amended 8-25-2003 by L.L. No. 6-2003]
Haulers shall not collect solid waste and recyclable materials in the
Town on Sundays, Thanksgiving, or Christmas. Any hauler collecting solid waste
or recyclables under a Town Refuse Collection District No. 1 contract shall
collect solid waste or recyclables on the day or days specified in the contract.
A.
In consideration of the Town issuing a municipal hauler
license to an applicant, the applicant shall agree, upon the issuance of such
license to the applicant, that the applicant shall indemnify, hold harmless
and defend the Town and its officers and employees from and against any and
all claims, demands, losses, damages, costs, payments, actions, recoveries,
judgments and expenses of every kind, nature and description, including, without
limitation, all engineers' and attorneys' fees, fines, penalties and cleanup
costs resulting from any such claim, etc., arising out of or connected in
any way with the applicant's acting as a hauler or the applicant's involvement
or participation in the collection, distribution or transportation of solid
waste.
B.
The hauler, as a condition of obtaining a municipal hauler
license, shall provide and maintain the following insurance coverages at limits
to be set from time to time by resolution of the Town of Cicero Town Board:
C.
The public liability policy aforementioned shall name
the Town of Cicero as an additional insured.
D.
Each policy of insurance shall be endorsed to contain
the following language:
|
"The Town will be given 30 days' prior written notification of any cancellation,
nonrenewal or modification of this policy which reduces coverage or limits
at the following address: P.O ..Box 1517, Cicero, NY 13039.
|
E.
Prior to the issuance of any municipal hauler license,
the hauler must provide to the Town Codes Office proof of insurance coverage
in a form to be determined from time to time by resolution of the Town Board.
[Amended 8-25-2003 by L.L. No. 6-2003]
No haulers shall operate earlier than 6:00 a.m. or later than 6:00 p.m.
Notwithstanding the foregoing, any hauler subject to a Town Refuse Collection
District No. 1 contract shall operate during the hours set forth in the contract.
[Amended 8-25-2003 by L.L. No. 6-2003]
A.
Receptacle specifications.
(1)
No person shall store or place garbage out of doors within the
limits of the Town unless contained in a receptacle of sufficient strength
to withstand destruction by animals and/or the elements and which receptacle
is securely covered so as to withstand the aforementioned perils.
(2)
Household garbage, rubbish and trash shall be placed in plastic
bags and tied prior to placement in a receptacle.
(3)
No person shall place trash or recyclables at curbside prior
to 4:00 p.m. on the day preceding the scheduled pickup or leave empty trash
or recyclable containers at curbside subsequent to 8:00 p.m. on the day of
pickup.
B.
No person shall cause or permit any accumulation of sand, gravel,
cinders, topsoil, mud, earth, brush, tree limbs, grass clippings, shingles,
rubble or other material to be placed, deposited, tracked or flowed upon the
paved portion of any Town street and/or highway.
C.
If the person occupying the premises does not have an agreement
with a licensed garbage or refuse collector, is not part of Refuse Collection
District No. 1, or has materials of such nature or bulk that the collector
is not obliged to collect the same, it shall be the person’s obligation
to make arrangements for the proper and legal disposal of such material.
D.
Where certain solid waste, recyclables and/or other waste materials
were not collected because those materials were not placed or prepared by
the waste generator in accordance with the provisions of this chapter, the
person who placed such materials for collection and the owner of the property
adjoining the curb where such waste materials were placed shall remove those
wastes from the location as soon as possible after the hauler has refused
collection and, in any event, by 6:00 p.m. on the designated collection day.
A.
No hauler shall use any vehicle for the collection of
solid waste or recyclable materials unless it is of a packer-type, closed
body, roll-off or equal, or as otherwise specified in any Town Refuse Collection
District No. 1 contract between the hauler and the Town. The name of the hauler
shall be inscribed in a suitable place on legible lettering of not less than
four inches in height on hauler-owned vehicles and solid waste receptacles.
[Amended 8-25-2003 by L.L. No. 6-2003]
B.
No hauler shall throw or scatter or cause to be scattered
or deposited or to escape from the vehicle any solid waste or recyclables
on the streets or public places.
C.
If a hauler-owned vehicle is sold or transferred, the Town sticker
shall be removed and the Town Clerk shall be notified of such transfer.
[Added 8-25-2003 by L.L. No. 6-2003]
Yard and garden waste may not be accepted for disposal at any Agency
facility but may be accepted for recycling at a yard waste composting facility
of the hauler's choice within the county or taken elsewhere.
A.
Except as specifically permitted in this chapter, no
hauler shall deposit or cause to be deposited or stored for more than one
day upon any property any solid waste and/or recyclables, and dumping thereof
is hereby prohibited.
B.
No leachate or other obnoxious or contaminating substance
shall be allowed to drain from any hauler vehicle on the public streets.
No hauler shall suffer or permit solid waste to accumulate or remain
upon private premises including extended storage in hauler vehicles owned
or operated by that hauler so that the same shall emit odors or become offensive
or dangerous to the public health or to any person or property.
No hauler shall bury or burn any solid waste and/or recyclables or cause
to be buried or burned any solid waste and/or recyclables, papers, trash,
Hazardous Waste and/or materials within the limits of the Town, unless authorized
to do so, in writing, by the Town Board.
This chapter shall also apply to all special events held in the Town.
The sponsor of said events shall be responsible for sorting all solid waste
materials into appropriate containers or bags and making all arrangements
for pickup and disposal of all solid waste materials. The hauler may charge
a fee to be determined by the Town Board for such pickups and disposal.
[Added 8-25-2003 by L.L. No. 6-2003[1]]
No person, other than a residential hauler, shall collect, transport,
dispose of or deliver solid waste and recyclable materials, or cause solid
waste and recyclable materials to be collected, transported, disposed of or
delivered, from three or fewer dwelling units per tax parcel except pursuant
to, or as allowed by, a Town Refuse Collection District No. 1 contract.
[Added 8-25-2003 by L.L. No. 6-2003]
No hauler shall be permitted to bill a customer for a period in excess
of one year in advance or for a period extending beyond December 31 of any
calendar year.
[Added 8-25-2003 by L.L. No. 6-2003]
The hauler is prohibited from entering into a contract with the customer
for the collection of garbage in excess of one year or for a period extending
beyond December 31 of any calendar year.
[Added 8-25-2003 by L.L. No. 6-2003]
All hauler vehicles are to be kept in a sanitary condition and shall
be subject to inspection by such persons as the Town Board may designate.
It shall be unlawful to store or garage in the Town any hauler vehicle containing
garbage, rubbish or refuse of any kind.
[Added 8-25-2003 by L.L. No. 6-2003]
Exempt from the provisions of this chapter shall be any vehicle owned,
leased, rented, hired or utilized by the Town or its agencies or departments,
except that any hauler operating on behalf of Town Refuse Collection District
No. 1 must deliver to the agency all solid waste collected within the Town.
[Added 8-25-2003 by L.L. No. 6-2003]
It shall be unlawful for any person to throw, deposit or cause to be
thrown or deposited, on any street or place, garbage, rubbish, trash, refuse
or abandoned vehicles or parts thereof, nor shall any person use or permit
to be used, operate or maintain any private property as a dump or dumping
ground for the deposit of any garbage, rubbish, trash, refuse, abandoned vehicles
or parts thereof. This section shall not be construed to limit the rights
of householders or others to place garbage bags in front of their property
for authorized collection or removal.
B.
In addition to the above-provided penalties and revocations,
or in lieu thereof, the Town Board may also institute and maintain an action
or proceeding in the name of the Town in a court of competent jurisdiction
to compel compliance with, or to restrain by temporary restraining order,
preliminary and/or permanent injunction, any violation of this chapter.
C.
This chapter shall be enforced by the Town Code Enforcement
Officer, Town Police Department, Town Building Inspector, Town Fire Inspector,
Superintendent of Highways, Onondaga County Sheriff's Department, New York
State Police, Department of Environmental Conservation officers and all local
law enforcement agencies.
The failure of a hauler to comply with the provisions of this chapter
shall be considered a violation subject to the following specified fines for
each offense pursuant to § 80.05, Subdivision 4, of the Penal Law,
as well as for corporate officers, directors and officials, except for corporations
in their corporate capacity which shall be fined pursuant to § 80.10
of the Penal Law. Each day's violation shall be considered a new and separate
offense subject to a separate penalty as fixed below. Any fines collected
under this chapter shall inure to the Town and shall be deposited in the Town
general fund to use as it deems appropriate.
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Section
|
Violation
|
Fine
|
|---|---|---|
|
§ 177-3
|
Failure to obtain a municipal hauler license
|
$250
|
|
§ 177-3
|
Failure to deliver all solid waste collected within the Town and destined
for disposal within New York State to the Town-approved disposal
site
|
$250 plus revocation
|
|
§ 177-4A
|
Failure to attach a municipal sticker to the hauler vehicle
|
$250
|
|
§ 177-4B
|
Duplication or imitating the municipal sticker or engaging in the selling
of the municipal sticker
|
revocation
|
|
§ 177-7A
|
Accepting and/or disposing of county-designated recyclable materials
as solid waste
|
$200
|
|
§ 177-7B
|
Removing, destroying or disposing of a recycling container or using
same for other than storage of a county-designated recyclable
|
$150
|
|
§ 177-9
|
Engaging in the collection of solid waste and/or recyclables on Sundays,
Thanksgiving or Christmas
|
$50
|
|
§ 177-10D
|
Failure to notify the Town (30 days' prior written notice) of any cancellation,
nonrenewal or modification of required insurance policy
|
$50
|
|
§ 177-11
|
Failure to comply with the designated hours of operation
|
$200
|
|
§ 177-12
|
Failure to remove uncollected solid waste improperly set out for disposal
[Amended 8-25-2003 by L.L. No. 6-2003] |
$50 for the first offense; $100 for the second such offense; $250 for
the third and any subsequent offense
|
|
§ 177-13
|
Throwing, scattering or allowing deposit of any solid waste and/or county-designated
recyclables or other waste upon the streets
|
$100
|
|
§ 177-13
|
Engaging in the collection of solid waste and/or county-designated recyclables
in a noncovered vehicle
|
$100
|
|
§ 177-15
|
Dumping or depositing any solid waste and/or recyclable material upon
any property; draining leachate from hauler vehicle
|
$100
|
|
§ 177-16
|
Allowing solid waste or other waste material and recyclables to accumulate
upon any property so that it becomes obnoxious, unsightly or offensive
|
$250
|
|
§ 177-17
|
Any hauler engaging in the burial or private burning of solid waste
and/or recyclables, papers, trash, hazardous waste and/or materials within
the limits of the Town
|
$250
|
