[Adopted 10-15-2013 by L.L. No. 3-2013]
This article shall be known as the "Garbage and Refuse Ordinance."
In order to protect and promote the health, safety and welfare
of the people of the Village of Fairport, the Village Administrator
is authorized and directed to implement and enforce the provisions
of this article controlling the storage, collection and disposal of
refuse within the Village, to provide the public refuse collection
and disposal services as defined and limited by this article and within
the appropriations made therefor by the Village Board, to provide
disposal of some types of refuse by recycling and to regulate and
control the establishment, maintenance and operation of refuse collections.
All services provided under this article shall be in compliance with
all state and local environmental health statutes and regulations.
As used in this article, the following terms shall have the
meanings indicated:
CURBSIDE TRASH
All refuse material which would ordinarily not be placed
in a garbage or refuse receptacle, but would be placed next to the
curb for pickup, including but not limited to leaves, shrubbery trimmings,
branches, large pieces of wood, trees, bedsprings, mattresses and
any discarded furniture or appliances.
GARBAGE
All waste animal, fish, fowl, fruit or vegetable matter produced
from or resulting from the use and storage of food for human consumption,
and includes spoiled food and dead animals found within the Village
limits.
REFUSE
Includes all discarded, relatively dry, miscellaneous refuse
material which is capable of being burned or incinerated, comprising
chiefly of wood, paper, newspaper, rags, excelsior, straw, leather,
rubber, boxes, sweepings from buildings, tree trimmings, shrubbery
trimmings, leaves, grass and other discarded articles of similar nature,
and also all rubbish or materials of domestic or commercial origin
incapable of being burned or incinerated, including tin cans, tinware,
bedsprings, metal, auto parts, pipe, other metallic substances, bottles,
glassware, earthenware and like materials.
No person shall throw or scatter or cause to be thrown or scattered
any refuse or garbage or any other material upon any of the streets
or public places in the Village of Fairport.
No person shall deposit or cause to be deposited upon any property
within the corporate limits of the Village of Fairport any garbage
or refuse, and so-called "dumping" is hereby prohibited. No garbage,
refuse or other obnoxious or contaminating substance shall be deposited
or thrown in any running water or other body of water within said
Village.
All refuse containers offered by collection by the Department
of Public Works shall meet the requirements set forth in the Refuse
Rules and Regulations.
The Board of Trustees may by resolution adopt, modify or repeal
a schedule or schedules of collection for the various sections of
the Village, and all garbage and refuse shall be ready for collection
at the time fixed in such schedule.
Residential refuse, commercial refuse and bulk refuse offered
for collection by the Department of Public Works shall be prepared
for collection by the owner and/or the occupant of the premises provided
it conforms with the requirements set forth in the Refuse Rules and
Regulations.
No refuse shall be placed or stored on any premises within the
Village except as permitted by this article. Such refuse shall be
stored in a manner so as not to create a health hazard or public nuisance.
Refuse shall not be placed or stored in the front yard setback, street,
sidewalk or gutters or in any public place, except as directed herein
or by the Village Administrator.
The placement of all containers offered by collection by the
Department of Public Works shall meet the requirements set forth in
the Refuse Rules and Regulations.
The Board of Trustees of the Village of Fairport shall have
the right from time to time to hire or contract with one or more persons,
fines or corporations, upon such terms and conditions as such Board
shall provide, for the collection and disposal of garbage and refuse,
such contract to be awarded upon competitive bidding for the same
after publication of a request for bids in the official newspaper.
The Board of Trustees may at any time hereafter establish a municipally
operated collection service for garbage and refuse and may purchase
such equipment as may be necessary for the proper operation of the
same.
No person shall interfere with or remove or scavenge for material
in any container which has been placed at the curb or in a dumpster
by the owner or occupant for collection by the Department of Public
Works, curbside trash excepted.
Litter containers placed outside for public use are to be used
for the deposit of litter generated on the public right-of-way by
pedestrians and motorists. The placing into litter baskets of refuse
originating from homes, commercial or industrial establishments is
prohibited.
No person shall place, or cause to be placed, any refuse for
the purpose of disposal on any premises unless he or she is the owner
or occupant of said premises.
The Board of Trustees may designate, establish and maintain
municipal dumping grounds either within or without the Village limits.
Any collection service established by the Village pursuant to
the provisions of this article shall be for the purpose of collection
and disposing of household garbage and refuse and that produced by
retail stores and businesses. Manufacturing establishments must dispose
of their own waste.
Any person aggrieved by a decision or regulation of the Village
Administrator arising out of this article shall have the right to
appeal to the Village Board, who shall have the authority to confirm,
modify or revoke such decision or regulation.
This article shall become effective immediately upon completion
of filing with the Secretary of State.
[Adopted 9-9-1991 by L.L.
No. 4-1991 (Ch. 41C of the 1968 Code)]
This article shall be known as the "Solid Waste
Management Law of the Village of Fairport."
The Village Board finds that:
A. Removal of certain materials from the solid waste
stream will decrease the flow of solid waste to landfills, aid in
the conservation of valuable resources and reduce the required capacity
of existing and proposed resource facilities.
B. The New York Solid Waste Management Act of 1988 requires
that municipalities adopt a local law or ordinance by September 1,
1992, to require that solid waste which has been left for collection
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.
As used in this article, the following terms
shall have the meanings indicated:
AUTHORIZED HAULER
Any person licensed or authorized by the Village to collect
and transport recyclable materials generated or originated within
the Village.
AUTHORIZED RECYCLING FACILITY OR FACILITIES
A permitted facility or facilities for processing recyclable
materials specified in the rules and regulations promulgated pursuant
to this article. This term shall exclude incinerating facilities,
waste-to-energy facilities and landfills.
CONTAINER
A blue box container with a county or Village logo for recyclable
materials readily identifiable by the hauler as a container for recycling
materials.
EXECUTIVE
The County Executive of Monroe County.
FACILITY
Any solid waste management resource recovery facility employed
beyond the initial solid waste collection process which is to be used,
occupied or employed for or is incidental to the receiving, transporting,
storage, processing or disposal of solid waste or the recovery by
any means of any material or energy processing systems, resource recovery
facilities, sanitary landfills, plants and facilities for composting
or landspreading of solid waste, secure land burial facilities, reprocessing
and recycling facilities, surface impoundments and waste oil storage,
incinerators and other solid waste disposal, reduction or conversion
facilities.
HAZARDOUS WASTE
Any hazardous waste as defined under the Resource Conservation
and Recovery Act, 42 U.S.C. § 6901 et seq., or a hazardous
substance as defined under the Comprehensive Environmental Response,
Compensation and Liability Act, 42 U.S.C. § 9601 et seq.,
or hazardous waste as defined under the 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 any other material which
any governmental agency or unit having appropriate jurisdiction shall
determine from time to time cannot be processed at the facility because
it is harmful, toxic or dangerous.
OTHER RECOVERABLE MATERIALS
Any material, substance, by-product, compound or any other
item generated or originated within the Village and separated from
solid waste at the point of generation for separate collection, sale,
external reuse or reprocessing and/or disposition other than by disposal
in landfills, sewage treatment plants or incinerators. Other recoverable
materials do not include recyclable materials as defined therein.
PERSON
Any natural person, partnership, association, joint venture,
corporation, estate, trust, association, county, city, town, village,
improvement district, governmental entity, school district or other
legal entity.
RECYCLABLE MATERIALS
Includes, but is not limited to the following:
A.
ALUMINUMAluminum products and containers fabricated primarily of aluminum and commonly used for soda, beer, beverages or other food or drink products and other aluminum products.
B.
BOXBOARDWoodpulp-based material which is usually smooth on both sides but with no corrugated center. Excludes material with wax coating.
C.
CORRUGATEDWoodpulp material which is usually smooth on both sides with a corrugated center, commonly used for boxes; excludes material with wax coating.
D.
CONSTRUCTION AND DEMOLITION DEBRISMaterial resulting from the construction, renovation, equipping, remodeling, repair and demolition of structures and roads; and material consisting of vegetation resulting from land clearing and grubbing, utility line maintenance and seasonal and storm-related cleanup. Such material includes but is not limited to bricks, concrete and other masonry materials, soil, rock, wood, wall coverings, plaster, drywall, plumbing fixtures, nonasbestos insulation, roofing shingles, asphaltic pavement, glass, plastics, electrical wiring and components, carpeting, foam padding, linoleum and metals that are incidental to any of the above.
E.
GLASS BOTTLESNew and used glass food and beverage containers which have been rinsed and are free of food contamination, including clear- (flint), green- and brown- (amber) colored glass bottles. Glass shall not include ceramics, plate glass, auto glass, Pyrex, leaded glass, mirrored glass or flat glass.
F.
MAGAZINESMagazines, glossy catalogs and other glossy paper.
G.
HIGH-GRADE PAPERWhite and colored office bond, duplicating paper, computer paper and other high-quality paper.
H.
LARGE APPLIANCESStoves, refrigerators, dishwashers, dryers, washing machines, water heaters and other large appliances and scrap metal and excluding air conditioners, microwaves and televisions.
I.
METAL CANSContainers fabricated primarily of steel or tin or bimetal cans of steel, tin and/or aluminum, but not including aluminum cans.
J.
NEWSPRINTCommon, inexpensive machine-finished paper made chiefly from woodpulp and used for newspapers. This term excludes magazines.
K.
PLASTICSIncludes high-density polyethylene (HDPE), low-density polyethylene (LDPE), polystyrene and polyethylene terepthalate (PET), commonly used for soda, milk and other containers.
L.
WOOD WASTEIncludes logs, pallets and other wood materials.
M.
YARD WASTEGrass clippings, leaves, branches up to four inches in diameter and other like vegetative garden materials.
RECYCLING or RECYCLED
Any method, technique or process utilized to separate, process,
modify, convert, treat or otherwise prepare solid waste so that its
component materials or substances may be beneficially used or reused
as raw materials.
SOLID WASTE
All putrescible and nonputrescible solid wastes which are
generated or originated within the Village, including but not limited
to materials or substances discarded or rejected, whether as being
spent, useless, worthless or in excess to the owners at the time of
such discard or rejection or for any other reason, or are being accumulated,
stored or physically, chemically or biologically treated prior to
being discarded, have served their intended use or are a manufacturing
by-product, including but not limited to garbage, refuse and other
discarded solid materials, including solid waste materials, resulting
from industrial, commercial and agricultural operations and from community
activities, sludge 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 or hazardous waste
as defined in this article.
SOURCE SEPARATION
The segregation of recyclable materials and other recoverable
materials from solid waste at the point of generation for separate
collection, sale or other disposition.
WASTE STREAM REDUCTION PROGRAM
Includes source separation, recycling programs, changes to
the packaging portion of the waste stream to reduce solid waste generated,
the activities and enterprises of scrap dealers, processors and consumers
and other programs designed to reduce the volume of solid waste or
enhance reclamation and recovery of solid waste or recyclable materials
otherwise destined for the municipal waste stream. For purposes of
this definition, such reduction programs shall not include the processing
of waste for incineration or disposal by other means.
Haulers shall be subject to the following requirements:
A. All authorized haulers must enter into an authorized
hauler agreement with the Village.
B. An authorized hauler sticker shall be prominently
displayed on each vehicle operated by or on behalf of the authorized
hauler.
C. Each hauler shall develop and submit a generic collection
plan for Village approval for collecting recyclable materials from
its commercial, industrial and institutional customers.
D. Haulers shall report to the Village the delivery of
any solid waste to a collection site which has not been source separated
in conformity with this article.
The provisions of this article shall be effective
on the same date as the County Solid Waste Management Local Law becomes
effective.