[HISTORY: Adopted by the Town Board of the Town of Pompey 12-4-2000 by L.L. No.
4-2000.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch.
140, Solid Waste, adopted 4-6-1992 by L.L. No. 1-1992, as amended.
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, Subdivisions 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 Pompey 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 § 140-2 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 or 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:
BEVERAGE CARTONSIncludes gable-topped paper cartons that contained milk and juice products.
CORRUGATED PAPERCardboard 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.
GLASSEmpty, 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.
KRAFT PAPERAs found in brown paper bags and package wrapping.
METALAll 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.
MIXED PAPERIncludes discarded and bulk mail, computer paper, colored paper, greeting cards, wrapping paper and carbonless multipart forms; excludes any paper coated with foil or plastic.
NEWSPAPERS, MAGAZINES and CATALOGUESIncludes 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 PAPERAll 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.
PAPERBOARDPaper packaging as found in cereal, cracker and tissue boxes, etc. and toilet tissue and paper towel tubes.
PLASTICSAll HDPE- and PET-type plastic bottles (Nos. 1 and 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.
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 who 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 through 281.
The Toxic Substances Control Act (15 U.S.C. § 2601
et seq.) and the regulations contained in 40 CFR Parts 761 through
766.
The State Environmental Conservation Law (Title 9 of Article
27) and the regulations contained in 6 NYCRR Parts 370, 371, 372,
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; or
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 the 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, require 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 Pompey.
The Board of Trustees of the Town of Pompey.
The Clerk of the Town of Pompey.
Any person who 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 § 140-2 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 § 140-2 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.
Municipal hauler licenses issued pursuant to this chapter shall
be effective for an annual term from January 1 through December 31
(one calendar year).
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. 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 § 140-3 or 140-4 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 the 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; or
(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.
Haulers shall not collect solid waste in the Town on Sundays,
Thanksgiving or Christmas.
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 Pompey Town
Board:
C.
The public liability policy aforementioned shall name the Town of
Pompey as an additional insured.
D.
Each policy of insurance shall be endorsed to contain the following
language:
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"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: 8354 U.S. Route
20, Manlius, NY 13104."
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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.
Haulers shall not operate earlier than 7:00 a.m., nor later
than 5:00 p.m.
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.
The collection, removal and carrying of solid waste, recyclables
and/or material, and the transportation of solid waste, paper and
recyclables on any highway, street, alley or lane of the Town, must
be done in covered vehicles. 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.
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.
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. 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.
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
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Violation
|
Fine
|
|---|---|---|
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140-3
|
Failure to obtain a municipal hauler license
|
$250
|
|
140-3
|
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
|
|
140-4A
|
Failure to attach a municipal sticker to the hauler vehicle
|
$250
|
|
140-4B
|
Duplication or imitating the municipal sticker or engaging in
the selling of the municipal sticker.
|
Revocation
|
|
140-7A
|
Accepting and/or disposing of county-designated recyclable materials
as solid waste
|
$200
|
|
140-7B
|
Removing, destroying or disposing of a recycling container or
using same for other than storage of a county-designated recyclable
|
$150
|
|
140-9
|
Engaging in the collection of solid waste and/or recyclables
on Sundays, Thanksgiving or Christmas
|
$50
|
|
140-10D
|
Failure to notify the Town, 30 days' prior written notice
of any cancellation, nonrenewal or modification of required insurance
policy
|
$50
|
|
140-11
|
Failure to comply with the designated hours of operation
|
$200
|
|
140-12
|
Failure to remove uncollected solid waste improperly set out
for disposal
|
$100
|
|
140-13
|
Throwing, scattering or allowing deposit of any solid waste
and/or county-designated recyclables or other waste upon the streets
|
$100
|
|
140-14
|
Engaging in the collection of solid waste and/or county-designated
recyclables in an uncovered vehicle
| |
|
140-15
|
Dumping or depositing any solid waste and/or recyclable material
upon any property; draining leachate from hauler vehicle
|
$100
|
|
140-16
|
Allowing solid waste or other waste material and recyclables
to accumulate upon any property so that it becomes obnoxious, unsightly
or offensive
|
$250
|
|
140-17
|
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
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