Unless otherwise stated expressly, the following words and expressions,
where used in this chapter, shall have the meanings ascribed to them
by this section:
ACCEPTABLE WASTE
The type of solid waste normally collected and disposed of
in the Town, including but not limited to garbage, rubbish, offal,
appliances, bicycles and baby carriages, automobile or small vehicle
tires (to the extent that air and emission permits are not violated),
yard wastes, fallen leaves and construction and demolition debris;
except, however, that unacceptable waste and hazardous waste are excluded.
APPLIANCE
Includes any stove, washing machine, dryer, freezer, refrigerator
or other household device, equipment or furniture abandoned, junked,
discarded, wholly or partially dismantled or no longer intended or
in condition for ordinary use for the purpose for which it was originally
designed.
ASHES
The residue from the burning of wood, coal, coke or other
combustible materials.
CONSTRUCTION AND DEMOLITION DEBRIS
Nonputrescible building and street construction materials
discarded as a result of the erection or dismantling of a pavement,
building, deck, fence, street or similar structure.
GARBAGE
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food and readily
combustible material such as paper, cardboard, wood, excelsior and
cloth; also food cans, glass food containers and bottles; also dead
birds, cats, dogs and other small animals.
HAZARDOUS WASTE
That portion of solid waste which, by reason of its composition
or characteristics, is:
A.
Hazardous waste as defined in the Solid Waste Disposal Act,
42 U.S.C. § 6901 et seq., and the regulations thereunder,
or in the New York Environmental Conservation Law § 27-0901,
Subdivision 3, and regulations promulgated thereunder, and any succeeding
legislation or regulations or amendments to the foregoing.
B.
In the event that the designated resource recovery plant is
operational, any other materials which any governmental agency or
unit having appropriate jurisdiction shall determine from time to
time are harmful, toxic or dangerous or otherwise ineligible for disposal
through the facility.
C.
In the event that the designated resource recovery plant is operational, any material which would result in process residue being hazardous waste under Subsection
A or
B above.
HOUSEHOLD UNIT
A building or portion thereof providing complete and separate
housekeeping facilities for one or more persons living, sleeping,
cooking and eating on the same premises as a single residential housekeeping
unit, regardless of whether said household unit is occupied or unoccupied.
IMPROVEMENT AREA
The area encompassed within a refuse and garbage district
within the Town.
MOTOR VEHICLE
Includes any and all vehicles propelled or drawn by power
other than muscular power intended for use on public highways; any
unregistered, old or secondhand motor vehicle or trailer; any motor
vehicle in such condition or state of repair that it cannot be licensed
immediately without extensive repair; and any abandoned, junked, discarded
or wholly or partially dismantled motor vehicle no longer intended
or in condition for legal use on the public highways.
NONHOUSEHOLD USE
Any use of a parcel other than as a residential housekeeping
unit, except that a use incidental to and subordinate to a principal
use of a parcel as a household unit and carried on by the inhabitants
of the household unit shall not be deemed a nonhousehold use, and
the use of unimproved private property shall not be deemed a nonresidential
use.
OCCUPANT
A person having care, custody or control of a parcel or of
a household or nonhousehold unit on a parcel, including but not limited
to tenants of said parcel.
OUTDOOR STORAGE
Includes the placing, maintaining or keeping of any motor
vehicle, appliance, rubbish and debris as the same are defined herein
in a place other than a structure with a roof and fully enclosed on
all sides.
OWNER
Includes the person having legal title to property, the person
shown as the owner of the property on the current assessment rolls
of the Town and the agents of said persons.
PARCEL
Any real property or private premises having a unique Tax
Map number as established by the Broome County Real Property Tax Service.
PERSON
Includes an individual, partnership, corporation or other
legal entity.
PRIVATE COLLECTOR
Any person, firm or corporation engaged in the business of
collecting and transporting garbage, rubbish, ashes, refuse or any
other waste material.
RECYCLABLE MATERIAL
Any material so designated in regulations adopted by the
Town or the county from time to time, generally limited to materials
which can be processed and reused for the original or different purpose,
thus avoiding the necessity for incineration or landfill.
RECYCLING FACILITY
A facility designated by the Town or the county as approved
for receiving and processing one or more types of recyclable materials.
REFUSE
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish and ashes.
RESOURCE RECOVERY PLANT
A facility which receives and processes solid waste and recovers
either energy or salable by-products, or both.
RUBBISH or DEBRIS
Includes ordinary household or store trash of a flammable
character, such as barrels, cartons, boxes, crates, furniture, rugs,
clothing, rags, mattresses, blankets, small tree trimmings, small
stumps and similar garden waste; small dead animals; hay, fodder,
feed, meal or other discarded animal or vegetable matter originally
intended for animal consumption; planing mill waste, shavings and
sawdust; and such other materials not otherwise defined herein as
may be readily consumed by incineration.
SOLID WASTE
Any discarded material or substances, including but not limited
to garbage, refuse, sludges from air or water pollution control facilities
or water supply treatment facilities, rubbish, ashes, contained gaseous
materials, incinerator residue, demolition and construction debris,
offal and other discarded materials and substances resulting from
industrial, commercial, mining and agricultural operations and from
community activities, but not including sewage and other highly diluted
water-carried materials or substances or those in gaseous form or
solid or dissolved materials or irrigation return flows or industrial
discharges or source or any special nuclear or by-product materials
within the meaning of the Atomic Energy Act of 1954, as amended; and
not including recyclable materials.
TOWN
The Town of Dickinson, Broome County, New York.
TOWN BOARD
The duly elected and constituted legislative body of the
Town of Dickinson.
UNACCEPTABLE WASTE
That portion of solid waste, excluding hazardous waste, but
including, without limitation, explosives; pathological and biological
waste; radioactive materials; ashes; foundry sand; sewage sludge;
cesspool and other human waste; human remains and large animal carcasses;
motor vehicles, including such major motor vehicle parts as automobile
transmissions, rear ends, springs and fenders; agricultural and farm
machinery and equipment; marine vessels and major parts thereof; and
any other large machinery or equipment, excluding appliances; liquid
wastes, including, without limitation, motor oil; and batteries.
[Amended 8-8-1990 by L.L. No. 2-1990]
YARD WASTE
Solid waste consisting of plant matter resulting from landscaping
activities, and including but not limited to such items as lawn clippings,
tree trimmings and weeds, but excluding fallen leaves. Plant matter
having trunks or stems greater than two inches in diameter shall be
deemed unacceptable waste.
[Amended 8-8-1990 by L.L. No. 2-1990]
This chapter applies throughout the Town of Dickinson except
within the corporate boundaries of the Village of Port Dickinson.