[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:
COMBUSTIBLE MATERIAL
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.
COMMERCIAL USER
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.
DISPOSAL SERVICE
The collection and removal of solid waste.
FILL MATERIAL
Any material, including but not limited to earth, rocks and gravel, which is used for filling a hole, depression or landfill.
GARBAGE
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.
LANDFILL
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.
REAL PROPERTY
All realty located within the City, whether occupied by the owner or rented, whether commercial or residential.
RECEPTACLE
A container or vessel for temporary disposal of solid waste, such as a trash can, garbage can or dumpster.
REGULATED MATERIAL
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.
SOLID WASTE
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.
SOLID WASTE COLLECTOR
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.
TRANSFER STATION
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.
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.