Town of South Bristol, NY
Ontario County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of South Bristol 9-14-1992 by L.L. No. 2-1992. Amendments noted where applicable.]
A. 
The Town Board of the Town of South Bristol finds that to protect the health, safety and welfare of the people of the town it is necessary to ensure and facilitate the maximum material recovery practicable from the solid waste stream of the Town.
B. 
The purpose of this chapter is to establish and implement solid waste management practices and procedures to be applicable to all persons within the Town.
As used in this chapter, the following terms shall have the following meanings:
DIRECTOR
The person whom the Town Board appoints to oversee, direct and manage solid waste and recycling with the Town.
[Amended 1-14-2013 by L.L. No. 2-2013]
ECONOMIC MARKETS
Refers to instances in which the full avoided costs of proper collection, transportation and disposal of source-separated materials are equal to or greater than the cost of collection, transportation and sale of said material less the amount received from the sale of said material.
HAZARDOUS WASTE
Any hazardous waste as defined under the Resource Conservation and Recovery Act, 42 U.S.C. § 9601 et seq., or hazardous waste as defined under New York Environmental Conservation Law § 27-0901 et seq., as each such law may be amended from time to time, and the regulations promulgated thereunder and any analogous or succeeding federal, state or local law, rule or regulation and any regulations promulgated thereunder and other material which any governmental agency or unit having jurisdiction shall determine from time to time cannot be processed at a recycling facility because it is harmful, toxic or dangerous.
OWNER
A person, corporation, limited liability company, partnership or other legal entity owning real property within the Town of South Bristol.
[Added 1-14-2013 by L.L. No. 2-2013]
PERSON
Any human being and those entities defined in General Construction Law § 37.
RECYCLABLE, REUSABLE OR OTHER COMPONENTS
Paper, glass, metals, plastics, garden and yard waste and such other elements of solid waste as may be designated by the Director at least 30 days prior to the effective date of said designation and published once in the official newspaper(s) of the Town of South Bristol, and further provided that such material is not hazardous and can be reasonably separated from the solid waste stream and held for material recycling or reuse value.
[Amended 1-14-2013 by L.L. No. 2-2013]
RESIDENT
A person who physically lives and resides in the Town of South Bristol, regardless of whether such person owns or rents such residence.
[Added 1-14-2013 by L.L. No. 2-2013]
SOLID WASTE
All putrescible and nonputrescible solid waste, including but not limited to materials or substances discarded or rejected as being spent, useless, worthless or in excess to owners at the time of such discard or rejection or which are being accumulated, stored or physically, chemically or biologically treated prior to being discarded or rejected, having served their intended use, or as industrial, commercial and agricultural waste, sludges from air or water pollution control facilities or water supply treatment facilities, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction debris and offal, but not including sewage and other highly diluted water-carried materials or substances and those in gaseous form, special nuclear or by-product material within the meaning of the Atomic Energy Act of 1954, as amended, or waste which appears on the list or satisfies the characteristics of hazardous waste as defined herein.
SOLID WASTE MANAGEMENT FACILITY
Any and all permitted or specifically exempt facilities for the processing, reprocessing and/or recycling of recyclable materials or the disposal of solid waste. This term shall exclude incineration facilities and waste-to-energy facilities.
THIRD PARTY SOLID WASTE
Solid waste that is collected at a point where waste containers have been placed for use by the general public.
TRANSFER AND RECYCLING FACILITY
A facility that the Town of South Bristol owns and operates for the purpose of collecting solid waste, yard waste and recyclable, reusable or other components.
[Added 1-14-2013 by L.L. No. 2-2013]
WASTE HAULER
Refers generically to both commercial waste haulers and municipal waste haulers.
YARD WASTE
Grass clippings, leaves, twigs, branches up to four inches in diameter, lawn and garden wastes, weeds, brush and shrubbery clippings.
A. 
Solid waste which has been left by the generator of such waste for collection by a waste hauler or which is delivered by the generator of such waste to a solid waste management facility shall be separated into recyclable, reusable or other components for which economic markets for alternate uses exist.
B. 
No person shall commingle solid waste with recyclable, reusable or other components after said materials have been separated pursuant to Subsection A.
C. 
No recyclable, reusable or other components shall be commingled with any hazardous waste.
All waste haulers doing business in the Town of South Bristol and other persons transporting their own solid waste to state-permitted facilities shall report quarterly quantities of waste and recyclable, reusable and other components handled and such other information as may be reasonable required to the Director in such form as he may reasonably determine. The sole purpose of this section is the collection of data required by the State of New York.
Blue boxes will be provided to all town residences until December 31, 1992. The town will provide these boxes to the waste haulers, who shall distribute them to their residential customers. Replacement boxes shall be the responsibility of the resident or the waste hauler.
Any person responsible for the collection and removal of the solid waste and recyclable material of another person or household or any person who places waste containers in an area for use by the general public shall:
A. 
Provide separate containers for solid waste, labeled clearly as such.
B. 
Provide separate containers for collection of recyclable materials, as required in the recycling rules and regulations, and clearly label containers as such.
C. 
Provide written recycling rules and regulations.
D. 
Provide for the collection and removal of solid waste and recyclables.
E. 
Comply with any other rules and regulations promulgated by the Ontario County Board of Supervisors for persons responsible for third party waste removal.
A. 
Designated recyclables, reusables and other components shall not be disposed of at the South Bristol Transfer Station, except that the Director may, by rule, designate acceptable contamination levels consistent with state and federal regulations. Said rules shall be approved by the Board of Supervisors of the County of Ontario and the Town Board of the Town of South Bristol.
B. 
All solid waste delivered to and accepted by the town at its solid waste management facilities shall be the property of the town and shall be subject to disposition thereby.
[Added 1-14-2013 by L.L. No. 2-2013]
A. 
The Director shall oversee, direct and manage the operation of the transfer and recycling facility to include the personnel, hours of operations, rules and regulation of intake of solid waste, yard waste and recyclable, reusable or other components, and proper transfer to an authorized and approved solid waste management facility, all subject to Town Board approval. The Director, and/or his agents and employees, shall have the discretion and authority to refuse acceptance of any solid waste, yard waste or recyclable, reusable or other components to the transfer and recycling facility.
B. 
The transfer and recycling facility shall be for the exclusive use by residents and owners, as such terms are defined in this chapter.
C. 
A resident is permitted to convey, deposit, discard, dump or dispose of any solid waste, yard waste or recyclable, reusable or other components that are generated only from the real property within the Town of South Bristol that such resident claims as his or her residence.
D. 
An owner is permitted to convey, deposit, discard, dump or dispose of any solid waste, yard waste or recyclable, reusable or other components that are generated only from such real property in the Town of South Bristol that such owner owns.
E. 
It shall be unlawful for any person, corporation, limited liability company, partnership or other legal entity other than a resident or owner, as defined in this chapter, to utilize the transfer and recycling facility for the conveyance, depositing, discarding, dumping or disposal of any solid waste, yard waste or recyclable, reusable or other components.
F. 
It shall be unlawful for a resident or owner, as defined in this chapter, to utilize the transfer and recycling facility for the conveyance, depositing, discarding, dumping or disposal of any solid waste, yard waste or recyclable, reusable or other components other than as permitted by this chapter.
G. 
The Town shall regularly establish fees or charges for the cost of disposing of certain items or load quantities in the transfer and recycling facility and shall make such fees or charges known to the residents and owners of the Town. All such fees and charges are due and payable to the Town at the time of or prior to the disposal of the items or loads generating the fees or charges.
[Added 1-13-2014 by L.L. No. 1-2014]
H. 
Should anyone dispose of any item or load quantity without paying a corresponding fee or charge that the Town Board established, such person shall present his or her driver’s license or other photo identification at the time of such disposal to the Director or to any Town employee working at the transfer and recycling facility. The Town will send at least one written notice to the person at the address listed on the photo identification demanding payment of the applicable fee or charge, plus an administrative charge of the greater of $10 or 50% of the fee or charge owed. If the person is a resident of a property within the Town of South Bristol but not an owner of that property, then the Town shall also send of copy of such notice to the owner of such property, as shown on the latest assessment roll, informing such owner that such charge or charges shall constitute a lien and charge on such real property until paid or otherwise satisfied or discharged and shall be collected and enforced in the same manner and at the same time as other Town taxes and charges.
[Added 1-13-2014 by L.L. No. 1-2014]
I. 
Should the person to whom the Town sent the notice required by Subsection H herein be a resident or owner, and should such person fail to pay the fee or charge plus the administrative charge demanded within 30 days of the date of such written notice, then the Director shall certify such amounts to the Town Supervisor and such certified amount shall thereupon be charged and assessed against the owner, tenant or occupant of the property that was the subject of the violation. The expense, so assessed, shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected and enforced in the same manner and at the same time as other Town taxes and charges.
[Added 1-13-2014 by L.L. No. 1-2014]
J. 
Should the person to whom the Town sent the notice required by Subsection H herein be neither a resident nor an owner, and should such person fail to pay the fee or charge plus the administrative charge demanded within 30 days of the date of such written notice, then the Director or the Town of South Bristol Code Enforcement Officer may proceed in accordance with § 146-10 of this chapter.
[Added 1-13-2014 by L.L. No. 1-2014]
K. 
Nothing herein shall prohibit the Director or the Town of South Bristol Code Enforcement Officer from pursuing penalties pursuant to § 146-10 of this chapter against a resident or an owner in addition to or in lieu of the procedures set forth in this § 146-7.1.
[Added 1-13-2014 by L.L. No. 1-2014]
No person shall deposit solid waste or other substance in collection containers belonging to, or under the control of, any other person without the consent of said person.
No person shall deposit solid waste or recyclables in the solid waste facilities of the Town of South Bristol, nor shall any person engage in the commercial or municipal collection and transportation of solid waste or recyclables within the Town without a permit issued by the Town. The Town shall require, as a condition of the issuance and continued possession of such permit, that the permittee is in compliance with this chapter. Permits may be revoked by the Town upon reasonable grounds, including but not limited to violations of this chapter.
[Added 10-10-1994 by L.L. No. 1-1994; amended 1-14-2013 by L.L. No. 2-2013]
A. 
Any person, corporation, limited liability company, partnership or other legal entity who or which shall violate any of the provisions of this chapter shall be guilty of a violation.
B. 
The penalties upon a conviction of violating any of the provisions of this chapter shall be a fine not exceeding $250, except for corporations which shall be subject to a fine not exceeding $500, and imprisonment for a term not to exceed 15 days, or both such fine and imprisonment.
C. 
The Town Board may also maintain a civil action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with the terms and provisions of this chapter, to restrain by injunction the violation of this chapter and/or to seek civil damages for the violation of terms and provisions of this chapter. Any person, corporation, limited liability company, partnership or other legal entity found to have violated any term or provision of this chapter in a civil proceeding shall be subject to a civil fine not exceeding $1,000 per occurrence.
[Added 1-14-2013 by L.L. No. 2-2013]
The Director or the Town of South Bristol Code Enforcement Officer is permitted to issue appearance tickets regarding violations of this chapter and to take any other action necessary to prosecute a violation of this chapter or otherwise enforce this chapter.