[Adopted 9-17-1996, effective 9-18-1996]
[Amended 11-29-2005, effective 12-12-2005]
As used in this article, the following terms shall have the meanings indicated or as indicated in Chapter 216, Garbage, Rubbish and Refuse, of this Code:
Material which is apt to catch fire or capable of burning
or that will readily and safely burn in an incinerator and may be
properly disposed of there. This term includes garbage, paper and
wood.
Any person who owns or occupies a parcel of land in the City
of Buffalo which is designed for or occupied by the use other than
a one-, two- or three-family residential use. This term includes but
is not limited to a multiresidential complex, government properties,
institutional properties, industrial properties, parking lots, parking
garages and parking ramps.
The collection and removal of solid waste.
Any material, including but not limited to earth, rocks and
gravel, which is used for filling a hole, depression or landfill.
Any putrescible animal and vegetable wastes, kitchen refuse
or table scraps resulting from the handling, preparation, cooking
and consumption of food. This term does not include regulated materials.
Any disposal facility or part of a facility where solid waste
or garbage is placed in or on land and which is not a land treatment
facility, a surface impoundment or an injection well.
All realty located within the City, whether occupied by the
owner or rented, whether commercial or residential.
A container or vessel for temporary disposal of solid waste,
such as a trash can, garbage can or dumpster.
Any material which has been exposed to or is a chemical,
substance, waste or pollutant, as defined in or governed by any environmental
law or as determined by any governmental agency or the Commissioner
of Street Sanitation, including but not limited to high-level and
low-level radioactive waste, by-product material, hazardous waste,
infectious waste, raw sewage, septage, sludge, regulated medical waste,
industrial solid waste, petroleum or waste oil.
All putrescible and nonputrescible materials or substances
discarded or rejected as having served their original intended use
or as being spent, useless, worthless or in excess to the owner at
the time of such discard or rejection. This term includes but is not
limited to garbage, ashes, refuse, rubbish and recyclable materials.
This term does not include solid or dissolved matter in domestic sewage
or substances, materials in noncontainerized gaseous form or regulated
materials.
Any person, other than the City, duly licensed to collect,
remove, transport or dispose of commercial solid waste or industrial
waste, with or without charge or payment.
Any facility or part of a facility either licensed or not
by the State of New York, under the terms of 6 NYCRR Part 360, used
for the transfer of garbage or solid waste.
Any garbage, sludge and other discarded material, whether
or not such material may eventually be used for some other purpose.
[Amended 5-22-2001, effective 6-4-2001; 11-26-2002, effective 12-6-2002; 6-14-2005, effective 6-24-2005]
No person shall remove or cause to be removed any of the contents
of any receptacle placed in or outside of a building for collection,
nor shall any person collect or perform the duties of a solid waste
collector or convey, carry or transport any solid waste through, over
or along any of the streets of the City of Buffalo as long as the
City of Buffalo is collecting such solid waste in the City, except
as follows:
A.
Apply in writing to the Common Council for its approval to operate
a disposal service for the collection of solid waste originating in
the City of Buffalo. Such approval shall be subject to the following
conditions and requirements:
(1)
The written consent of the Commissioner of Permits and Inspection
Services (or his or her deputy).
(2)
The applicant shall observe all the sanitary requirements as prescribed
by the health ordinances of the City of Buffalo, all other applicable
ordinances of the City of Buffalo and any regulations of the Department
of Health of Erie County now or hereafter in effect.
(3)
The Commissioner of Permits and Inspection Services (or his or her
deputy) shall have the power to impose such conditions or restrictions
regarding said disposal service as he or she may deem necessary and
may from time to time change such conditions, restrictions or regulations
and may, in his or her discretion, revoke the permit granted pursuant
to this article at any time.
(4)
The applicant shall provide to the Commissioner of Permits and Inspection Services a list of commercial users within the City the applicant has contracted to service, with updating of the list of such contractees annually. The applicant shall disclose, within five days of the commencement or termination of any of its contracts, the commercial users to be serviced or to be no longer serviced under contract with the applicant. Disclosure by an applicant of the identity of the serviced commercial users shall be deemed to be disclosure of trade secrets or information derived from a commercial enterprise, disclosure of which would cause substantial injury to the competitive position of the subject enterprise for purposes of Article 6 of the New York State Public Officers Law (the Freedom of Information Law) and the federal Freedom of Information Act, 5 U.S.C. § 552. Failure to provide this information to the Commissioner may result in the revocation of the permit granted pursuant to this article.
(5)
The applicant shall furnish receptacles which clearly identify the
applicant as the entity servicing a commercial user.
B.
Issuance of license.
(1)
All applications for a license under this section must be approved
by the Common Council. If the application is approved by the Common
Council, the Commissioner of Permits and Inspection Services shall
issue to the applicant a license to operate said collection and disposal
services in such form as the Commissioner of Permits and Inspection
Services may prescribe and subject to any conditions in reference
thereto imposed by the Common Council.
(2)
The license fee to be paid pursuant to this section shall be as provided in Chapter 175, Fees, of this Code.
(3)
No license issued pursuant to this article shall be transferable.
C.
Revocation. The permit may be revoked if, after a hearing before
the Commissioner of Permits and Inspection Services, it is determined
that the collection and disposal service operates outside reasonable
hours of operation and in such a manner as to annoy or disturb the
quiet, comfort or repose of a reasonable person of normal sensibilities.
Reasonable hours of operation shall constitute 6:00 a.m. to 9:00 p.m.
in a residential area.
