As used in this chapter the following words shall have the following
meanings:
ADDITIONAL CHARGES
Any charges other than Fees timely paid, and as may be imposed and assessed to an Owner and/or Other Responsible Person(s) for services rendered, expenses, liabilities and costs incurred by Village or its contracted for hauler providing the Village Services, including without limitation, for violations of this Chapter
161, any costs, fees, penalties and expenses as incurred by Village or hauler as a result thereof, any out of pocket and internal administrative, services or labor and related expenses, alternative facility disposal fees, fees for transport for exceeding overall volume, weight or quantity restrictions and for transport and disposal of prohibited or restricted items or substances. Same shall also include, without limitation, for collection and enforcement efforts of delinquent/overdue Fees and Additional Charges, and the costs and expenses incidental to imposition, assessment and levy on premises under §
161-9 hereof and for any other such fees, costs and expenses under Chapter
146 of the Village Code.
BRUSH
Cuttings from shrubs, hedges and trees which are less than
four inches in diameter, grass clippings and leaves.
CONSTRUCTION AND DEMOLITION DEBRIS (C&D)
Discarded building material, concrete, stones, earth from
excavations or grading and all other refuse matter resulting from
the erection, repair or demolition of buildings, structures and other
improvements to the premises assessed for Village Solid Waste charges
hereunder and located within the Village of Phoenix only and including
such materials as defined under 6 NYCRR 360-1.2(b)(38), any successor
provision, or under Oswego County Local Law No. 2-2011 entitled "Oswego
County Recycling and Solid Waste Local Law," amending Oswego County
Local Law No. 3-2008 entitled the "Oswego County Recycling and Solid
Waste Local Law," including as same may have been or as hereafter
may be amended (hereinafter any reference to "Oswego County Local
Law" shall mean the foregoing including any such amendments to same
hereinafter and/or any regulation promulgated or other direction as
issued by the Oswego County Director of Solid Waste Programs).
FEES
Charges periodically invoiced to Village of Phoenix Owners
and Other Responsible Person(s), including extraterritorial (outside
Village) customers for the regular provision of Village Services to
premises pursuant to those charges imposed under Fee Schedule as duly
adopted and published by the Village from time to time.
GARBAGE
Kitchen and house refuse and table cleanings, fruit and vegetable
parings, decaying vegetable, animal and fruit matter and fallen fruit
and similar food, produce/plant, and such other items or substances
of organic waste and the like, by whatever name, as are defined as
within permitted Residential Solid Waste by Oswego County under Oswego
County local law.
HOUSEHOLD AND SIMILAR APPLIANCE(S)
Any household type mechanism or equipment, regardless of
size (such as a small household or kitchen appliance, or refrigerator,
washer, dryer, stove, and the like) ordinarily but not necessarily
operated by gas or electric current, and actually having been used
in the subject premises.
HOUSEHOLD AND SIMILAR FURNISHING(S)
Any furnishings and similar articles actually used in the subject premises and which equip it for living or work (such as chairs, sofas, tables, beds, desks and the like) and not specifically otherwise described under this §
161-1A.
NONRECYCLABLE MATERIALS
Rags, sweepings, excelsior, rubber, leather, crockery, shells,
clothing, straw, dirt, filth, ashes, wastepaper and similar waste
material, and any other form or item of Solid Waste or item deemed
to be nonrecyclable under Oswego County local law or others specifically
herein.
NONRESIDENTIAL SOLID WASTE
Any item generated or produced within the Village of Phoenix
that does not constitute Residential Solid Waste, including Hazardous
Waste, Liquid Waste, Industrial Waste, Institutional Medical Waste,
Sewage or Sludge (as such foregoing terms are or may hereafter be
defined under Oswego County local law).
OWNER AND/OR OTHER RESPONSIBLE PERSON(S)
(1)
The title owner or owners of premises as shown on deed of record
located at the Office of the Oswego County Clerk, any mortgage lender
or lienor having assumed possession or control of the premises, including
by court order in foreclosure or receivership, or other legal representative
of an Owner (trustee, guardian of a minor incompetent or incapacitated
person);
(2)
Any lessee, tenant, boarder or other occupant or person in possession
under legal agreement (written or unwritten) or relationship of the
premises or part thereof from which generation or production arises
or occurs;
(3)
Any other person(s) directly or otherwise legally responsible for the generation or production from the premises or part thereof, and including any such legal representatives as aforementioned of premises described under Subsection
(2) or
(3). Where an Owner and/or Other Responsible Person(s) is an entity having certain partners, shareholders, officers, directors, trustees, members and the like whom may based upon certain conduct be held personally responsible under applicable law, then such persons may likewise be deemed as such hereunder.
RESIDENTIAL RECYCLABLES
Clean metal food containers and cans, glass food containers
and bottles with metal rings and tops removed, discarded newspapers,
magazines, cardboard and flat paper, plastic containers, plus any
other items or substances herein or as may hereinafter be defined
as and/or directed to be residential recycling materials by Oswego
County local law and which is generated or produced at a residence
or from a commercial use or structure or part thereof within the Village
of Phoenix. Same may include Construction and Demolition Debris resulting
from remodeling, building or demolition of such residence or commercial
use or structure or part thereof only as and to the extent same may
be or have been approved by duly adopted general or specific resolution
of the Village Board and shall not, in any event, include Industrial,
Commercial, or Institutional Waste, Hazardous Waste, Liquid Waste,
Regulated Medical Waste, Sewage or Sludge (the foregoing capitalized
terms as defined under Oswego County local law).
RESIDENTIAL SOLID WASTE
All Solid Waste generated at a residence or similar type
solid waste generated or produced from a commercial structure or use,
or part thereof within the Village of Phoenix, and however including
only as may be approved by general or specific resolution of the Village
Board, Construction and Demolition Debris resulting from remodeling,
building or demolition of the subject residential or commercial structure.
Same shall not otherwise include, in any event, Industrial, Commercial,
Institutional Waste, Hazardous Waste, Liquid Waste, Regulated Medical
Waste, Sewage or Sludge (the foregoing capitalized terms as defined
under Oswego County local law).
SOLID WASTE
Shall have the definition set forth in 6 NYCRR 360-1.2(a)
or successor provision, but shall not include any materials designated
as Recyclable Materials by the Director, including pursuant to Section
3(4)(g) of the Oswego County local law, or by other New York State
or United States statute or regulation.
TREE PARTS
Cuttings from shrubs, hedges and trees which are more than
four inches in diameter.