[Adopted as Ch. 7, Art. II, of the 1975 Code]
[Amended 3-12-1996 by L.L. No. 4-1996; 7-22-2003 by L.L. No.
3-2003]
No person shall throw, deposit, sweep or cause the accumulation of ashes, refuse, dirt, grass clippings, leaves, waste or garbage upon any street, sidewalk or public place or in any private street, land or premises, except where such substance shall be kept in watertight, covered containers or receptacles as defined in §
96-5 herein, and placed in such manner as to facilitate collection by the Village authorities.
No person shall dispose of any garbage, ashes, refuse, debris
or dirt of any kind whatsoever except as provided in this article.
[Amended 10-8-1991 by L.L. No. 4-1991; 4-27-2010 by L.L. No.
1-2010]
A. All garbage, excluding waste material identified as "sharps," shall be disposed of in proper cans or containers as described in §
96-5A and
B.
B. "Sharps," which are defined as hypodermic needles, syringes and lancets used as part of home medical care and which are discarded by household waste generators (residential disposal), shall be placed in a special clearly marked sharps container, as set forth in §
96-5C.
Building materials and similar refuse and debris caused by the work of contractors, tradesmen or workmen shall not be placed in any of the receptacles required in §
96-3 but shall be lawfully disposed of by the property owner, tenant or occupant of the premises.
[Amended 10-8-1991 by L.L. No. 4-1991]
Receptacles used for storage of refuse materials shall be watertight
and shall meet the following specifications:
A. Trash cans shall be of a durable grade of galvanized metal or other
suitable material approved by the Superintendent of Public Works,
from 20 to 32 gallons' capacity and weighing less than 25 pounds
empty or 75 pounds fully loaded with normal refuse. They shall be
provided with two lifting handles on opposite sides and a tightly
fitting cover with a lifting handle. The can shall be without inside
protrusions, and the refuse shall be loosely packed so that the contents
shall discharge freely when the receptacle is inverted.
B. Refuse bags shall be made of heavy, multiple-ply paper or polyethylene
or ethylene copolymer resin and designed for outdoor storage of refuse.
Bags must be securely tied or sealed to prevent emission of odors,
be of a material so liquids and greases will not be able to penetrate
through the material and be of sufficient thickness and strength to
contain the refuse enclosed without tearing or ripping under normal
handling.
C. A "sharps container" is defined as a biohazard-labeled sharps container or a clean, leakproof, shatterproof, and punctureproof container with a screw top, such as a durable plastic bleach or laundry detergent bottle. Sharps containers shall be labeled as "Sharps," the top shall be taped shut and the sharps container shall be placed next to the regulation household waste container for pickup. At no time shall a sharps container be placed in a regulation container, as described in §
96-5A and
B, for collection. No more than one sharps container per residential unit shall be set out at the curb for weekly pickup unless otherwise agreed to by the Superintendent of the Department of Public Works.
[Added 4-27-2010 by L.L. No. 1-2010]
It shall be unlawful and a violation of this article to place
garbage, trash or refuse for collection in any type of container other
than a container as described and permitted in this article.
Garbage, trash and refuse containers that have deteriorated
to the extent of having jagged or sharp edges capable of causing injury
to those whose duty it is to handle these containers or to such extent
that the lid does not fit tightly and securely shall be condemned
by the Village. A record shall be made of the same and notice given,
and no further service shall be rendered by the Village until the
condemned container is replaced.
The contents of any garbage, trash or refuse container which
is so overloaded that the lid will not fit securely on the container
shall not be picked up by the collection authorities.
It shall be unlawful for any person to molest, remove, handle
or otherwise disturb garbage, trash or refuse containers, or their
contents, which have been placed for collection by the Village collection
authorities; provided, however, that this section shall not apply
to the owner, occupant, lessee or tenant of the premises so placing
the container and contents.
[Added 3-25-2003 by L.L. No. 1-2003]
Garbage, trash and refuse containers shall be placed at the
curb for pickup by collection authorities, but not prior to 4:00 p.m.
on the day before the scheduled or specially arranged pickup. All
containers shall be removed from the curb as soon as possible following
pickup, but in no event later than 8:00 p.m. on the day of pickup.
Garbage, trash, and refuse containers shall not be kept at the curb
between scheduled pickups.
[Added 7-24-2001 by L.L. No. 5-2001; amended 7-22-2003 by L.L. No.
3-2003]
A. No person or entity shall bring in, place, deposit or cause to be
brought, placed or deposited in the Village any garbage, recyclables,
trash, paper, hazardous waste, material or ashes originating outside
the Village for the purpose of disposing of the same within the Village.
B. No person or entity who is a resident of the Village or owner, lessee
or person in control of real property within the Village shall permit
any person or entity to bring in, place, deposit, or cause to be brought,
placed or deposited in the Village any garbage, recyclables, trash,
paper, hazardous waste, material or ashes originating outside the
Village for the purpose of disposing of the same within the Village.
[Added 7-22-2003 by L.L. No. 3-2003]
A. An offense against the provisions of this article shall, in addition
to any other remedies available to the Village, be punishable by a
fine imposed against the person or entity causing such violation as
follows:
(1)
First violation: $100 to $1,000.
(2)
Second violation: $250 to $1,000.
(3)
Third and subsequent violation: $350 to $1,000.
B. Where appropriate, and in addition to any other remedies, fines or
penalties otherwise available, violations of this article may be remedied
directly by the Village of Solvay upon failure of the property owner
to remedy stated violation(s) within 48 hours of receipt of written
notice from the Codes Enforcement Officer. In instances where the
property owner is not an occupant of the property, written notice
shall be provided to the occupant and duplicate written notice shall
be mailed to the property owner at the address listed on the most
recent tax records. The costs of said remedial action, including any
and all tipping fees and an overhead charge of 20% shall be billed
to the owner of the property at which the violation(s) occurred. Prior
to the imposition of said costs and within 10 days of the Village's
remedial action, the property owner may request a hearing before the
Village Board regarding the costs. Should said costs remain unpaid
for a period of 90 days following the Village Board hearing and a
decision adverse to the person charged, as the case may be, these
costs shall be added to the real property tax bill next rendered to
the property owner.
[Adopted 2-27-2001 by L.L. No. 1-2001]
The reduction of the amount of solid waste and conservation of recyclable materials is an important public concern because of the increasing cost of solid waste collection and disposal and its impact on the environment. The separation and collection of recyclable materials serves the general public's interest in our Village by reducing the amount of solid waste and will otherwise comply with the Onondaga County Source Separation Law (Local Law No. 12 of 1989) and other applicable provisions of law. In 1988, in the interest of public health, safety and welfare and in order to conserve energy and natural resources, the State of New York enacted a New York State Solid Waste Management Act which established the following solid waste hierarchy: waste reduction, reuse, recycling and waste-to-energy (see New York Environmental Conservation Law § 27-0106) with land burial as a last resort only when reuse, recycling or waste-to-energy were unavailable. Section B-35 of the State Solid Waste Management Plan — 1997-1998 Update recommended that Onondaga County take immediate steps to develop environmentally acceptable facilities to manage the solid waste generated in the county. In December 1991, Onondaga County adopted a comprehensive solid waste management plan that was subsequently approved by the State Department of Environmental Conservation. The county plan, applicable to municipalities within the county, preferred waste-to-energy as a safe and sanitary alternative to the threat to the groundwater supply and other liabilities posed by the burying of such waste. Those reasons are further delineated in Section 5 of the aforementioned county plan. Public Authorities Law § 2045-e(7) and (8) allows the Onondaga County Resource Recovery Agency to contract with municipalities for the delivery of such waste and, in furtherance thereof, to process such solid waste. In compliance with both the state and county solid waste management plans, the Village has determined that all solid waste, both residential and commercial, generated in our Village and destined for disposal in the State of New York, may not be disposed of at any place other than the approved disposal site designated by the Village Board in §
96-12 hereof. This article will also establish and refine regulations requiring the licensing of municipal haulers and governing hauler services for the collection and disposal of solid waste materials. This article shall not regulate or otherwise restrict any disposal of solid waste generated within the Village that is to be disposed of out-of-state or any handling of recyclable materials separated from the rest of the solid waste in accordance with Onondaga County's Source Separation Law or regulate the price, route or service of any motor carrier with respect to the transportation of property prohibited by the Federal Aviation Administration Authorization Act of 1994, as amended (49 U.S.C.A. § 14501 et seq.).
As used in this article, the following terms shall have the
meanings indicated:
AGENCY
The Onondaga County Resource Recovery Agency.
AGENCY FACILITY
Any facility operated by or designated by the Agency. Agency
facilities include the Agency transfer stations at Ley Creek and Rock
Cut Road, Rock Cut Road waste-to-energy facility, Agency landfill
(when built), Agency yard waste composting facilities at Jamesville
and Amboy, construction and demolition processing facility at Ley
Creek and Agency-designated materials recovery facilities.
CONSTRUCTION AND DEMOLITION DEBRIS
Discarded building material, concrete, stones, earth from
excavations or grading and all other refuse material resulting from
the erection, repair or demolition of buildings, structures or other
improvements of property.
COUNTY
The County of Onondaga.
COUNTY-DESIGNATED RECYCLABLE MATERIALS
Those recyclables designated by the County of Onondaga and
the Onondaga County Resource Recovery Agency pursuant to Local Law
No. 12 of 1989, including the following:
A.
CORRUGATED PAPERCardboard containers, boxes and packaging, including pizza boxes, which are cleaned of contamination by food wastes or polystyrene commonly called "styrofoam," and which have been flattened for transport.
B.
GLASSEmpty, washed glass jars, bottles and containers of clear, green and amber (brown) that contained food and drink, caps removed. This term excludes ceramic, window glass, auto glass, mirror and kitchenware.
C.
METALAll ferrous and nonferrous metals, including: steel, aluminum and composite cans and containers (cleaned of food wastes) and empty aerosol cans that did not contain hazardous material. Scrap metal, wire, pipes, tubing, motors, sheet metal, etc. are recyclable but must be recycled through scrap dealers.
D.
NEWSPAPERS, MAGAZINES AND CATALOGUESIncludes common machine-finished paper made chiefly from wood pulp used for printing newspapers, as well as glossy inserts, magazines and catalogues. All must be free of contaminants.
E.
OFFICE PAPERAll bond paper and also computer printout, stationery, photocopy and ledger paper of any color from all waste generators. Paper should, if possible, be free of tape, adhesives, labels, rubber bands, paper clips, binders and other contaminants. This term excludes carbon paper, chemical transfer paper and tyvek or plastic-coated envelopes.
F.
PLASTICSAll HDPE- and PET-type plastic (#1 and #2), including empty, washed food, beverage, detergent, bleach and hair care containers with lids removed. This term excludes all photographic film, vinyl, rigid and foam plastic materials, as well as plastics numbered 3 through 7 and HDPE oil bottles, as well as #1 and #2 containers that are not bottles or contained hazardous material.
H.
BEVERAGE CARTONSIncludes gable-topped paper cartons that contained milk and juice products.
I.
PAPERBOARDPaper packaging as found in cereal, cracker and tissue boxes, etc. and toilet tissue and paper towel tubes.
J.
MIXED PAPERIncludes discarded and bulk mail, computer paper, colored paper, greeting cards, wrapping paper and carbonless multipart forms; excludes any paper coated with foil or plastic.
CURB
That street curb immediately in front of the property from
which solid waste material and recyclables to be collected are generated
or, in the absence of an actual curb, that portion of the property
which is immediately adjacent to the street.
CURBSIDE COLLECTION
The use of collection receptacles for residential, commercial
and institutional solid waste generators and the regular periodic
pickup and transfer of the contents of such receptacles by a hauler
at the location of a waste generator.
ELIGIBLE HOUSEHOLD
A household residing in a dwelling of four units or less
and which is required to utilize recycling containers.
HAULER
Any person, company or firm who engages in the collection,
transportation, disposal or delivery of solid waste within our Village,
other than the Village itself.
HAZARDOUS WASTE
A.
Any waste (excluding household hazardous waste) which is defined
or regulated as a hazardous waste, toxic substance, hazardous chemical
substance or mixture, or asbestos (regulated waste) under federal,
state or local law, or under rules, regulations, policies or guidelines
issued in relation thereof as they may be amended from time to time,
including but not limited to:
(1)
The Resource Conservation and Recovery Act of 1976 (42 U.S.C.
§ 6901 et seq., as amended by the Hazardous and Solid Waste
Amendments of 1984) and the regulations contained in 40 CFR Parts
260 to 281.
(2)
The Toxic Substances Control Act (15 U.S.C. § 2601
et seq.) and the regulations contained in 40 CFR Parts 761 to 766.
(3)
The State Environmental Conservation Law (Title 9 of Article
27) and the regulations contained in 6 NYCRR Parts 370, 371, 372,
373 (Subpart 373-3).
B.
Radioactive materials which are source, special nuclear or by-product
material as defined by the Atomic Energy Act of 1954 (42 U.S.C. § 2011
et seq.) and the regulations contained in 10 CFR Part 40; or
C.
Any other material that by federal, state or local law or under
rules, regulations, policies, guidelines or orders having the force
of law in relation thereto are regulated as harmful, toxic or hazardous
to health and ineligible for processing at the Agency facility.
LARGE HOUSEHOLD FURNISHINGS
All other large and/or bulky articles actually used in the
home and which equip it for living such as chairs, sofas, tables,
beds or carpets.
MAJOR APPLIANCES
A large and/or bulky household mechanism such as a refrigerator,
washer, dryer, stove, furnace or hot water tank.
MEDICAL WASTE
Any solid waste which is generated in the diagnosis, treatment
or immunization of human beings or animals, in research pertaining
thereto or in the production or testing of biologicals.
MUNICIPAL HAULER LICENSE
The license issued by the Village to a hauler as a prerequisite
to performing solid waste collection services within the Village's
municipal limits.
PERSON
A natural person, association, partnership, firm, corporation,
limited-liability company, trust, estate or governmental unit and
any other entity whatsoever (other than the Village itself).
RECYCLABLES
Those recyclable materials, including county-designated recyclable
materials, which can be practically separated from nonrecyclable waste
for which reuse markets can be accessed for less than the cost of
disposal.
RECYCLING CONTAINERS
The blue bin or other container supplied by the agency, county,
the Village or their designees for the use by eligible households
within the Village. Such containers shall be used exclusively for
the storage of county-designated recyclable materials. Such containers
shall at all times remain the property of the Agency.
RECYCLING LAW
The Onondaga County Source Separation Law, Local Law No.
12, adopted March 6, 1989, as subsequently amended.
REGULATED MEDICAL WASTE
Those medical wastes that have been listed in 6 NYCRR 364.9,
Paragraph (c)(1), and that must be managed in accordance with the
requirements of that part.
SOLID WASTE
All materials or substances discarded or rejected as being
spent, useless, worthless or in excess to the owners at the time of
such discard or rejection, including, but not limited to, garbage,
refuse, residential, governmental, commercial and/or light industrial
refuse, but shall not include recyclables, yard and garden waste,
human wastes, rendering wastes, demolition wastes, residue from incinerators
or other destructive systems for processing waste (other than now-existing
individual building incinerators, the residue from which is presently
collected as part of normal refuse collection practices), junked automobiles,
pathological, medical, toxic, explosive, radioactive material or other
waste material which, under existing or future federal, state, or
local laws, require special handling in its collection or disposal.
SYSTEM
Onondaga County's solid waste management system as operated
by the Onondaga County Resource Recovery Agency and every aspect thereof
including, but not limited to, the Rock Cut Road waste-to-energy facility,
Agency landfill (when built), yard waste composting facilities at
Jamesville and Amboy, construction and demolition processing facility
at Ley Creek and the Rock Cut Road and Ley Creek transfer stations.
WASTE GENERATOR
Any person who produces solid waste requiring off-site disposal.
Municipal hauler licenses issued pursuant to this article shall
be effective for an annual term from July 1 through June 30 (one calendar
year).
The Village shall have the right to cancel any existing municipal hauler license upon 30 days' written notice to the hauler if the Village shall enact legislation establishing a new system for collection of solid waste in the Village that is inconsistent with the continuation of said license. The Village shall revoke a municipal hauler license upon the happening of any or a combination of the following: failure of the hauler to comply with any provision of §
96-13 or §
96-14 of this article. Prior to any such revocation, the hauler shall be notified by the Village of an opportunity for a hearing in the matter, which hearing shall be held not less than five days after the hauler is notified in writing by the Village of the pending license revocation and the charges against it. All hearings shall be on a date and time and at a place determined by the Village. The hearing shall be informal and held before the Village Mayor or his/her designee. Compliance with technical rules of evidence shall not be required, and the decision of the Village Mayor or his/her designee shall be final.
The Village hereby adopts as its source separation legislation,
required pursuant to the General Municipal Law, § 120-aa,
the Onondaga County Source Separation Law (i.e., Local Law No. 12
of 1989) as adopted by the Onondaga County Legislature and subsequently
amended under its terms.
A. No hauler shall dispose of county-designated recyclable materials
picked up in our Village as solid waste nor shall any hauler accept
county-designated recyclable materials for disposal as solid waste.
B. Recycling containers shall at all times remain the property of the
Agency or Village, as the case may be, and are provided for the use
and convenience of eligible households in complying with this chapter.
No hauler shall:
(1) Remove a recycling container from the Village;
(2) Willfully destroy a recycling container;
(3) Dispose of a recycling container other than by returning such container
to the Village at a designated location; or
(4) Use a recycling container for other than the temporary storage of
county-designated recyclable materials.
The Village Board may, by resolution, designate and impose such
other fees as it deems reasonable and appropriate in relation to the
collection and disposal of any solid waste. After any such fees are
imposed, the manner of implementation and collection shall be by regulation
of the Village Board or its designee not inconsistent with the terms
of the resolution imposing such fees. The Village Board may, by resolution,
also from time to time, establish fees to defray expenses in connection
with the fee for the municipal hauler license and administration of
the article. Fees shall be paid by the applicant at the time of application.
Haulers shall not collect solid waste in the Village on Sundays,
Thanksgiving or Christmas.
Haulers shall not operate earlier than 6:00 a.m. nor later than
8:00 p.m.
Where certain solid waste, recyclables and/or other waste materials
were not collected because those materials were not placed or prepared
by the waste generator in accordance with the provisions of this chapter,
the person who placed such materials for collection and the owner
of the property adjoining the curb where such waste materials were
placed shall remove those wastes from the location as soon as possible
after the hauler has refused collection and, in any event, by 6:00
p.m. on the designated collection day.
The collection, removal and carrying of solid waste, recyclables
and/or material, and the transportation of solid waste, paper and
recyclables on any highway, street, alley or lane of the Village must
be done in covered vehicles. No hauler shall throw or scatter or cause
to be scattered or deposited or to escape from the vehicle any solid
waste or recyclables on the streets or public places.
Yard and garden waste may not be accepted for disposal at any
Agency facility but may be accepted for recycling at a yard waste
composting facility of the hauler's choice within the county
or taken elsewhere.
Except as specifically permitted in this chapter, no hauler
shall deposit or cause to be deposited or stored for more than one
day upon any property any solid waste and/or recyclables, and dumping
thereof is hereby prohibited. No leachate or other obnoxious or contaminating
substance shall be allowed to drain from any hauler vehicle on the
public streets.
No hauler shall suffer or permit solid waste to accumulate or
remain upon private premises, including extended storage in hauler
vehicles owned or operated by that hauler so that the same shall emit
odors or become offensive or dangerous to the public health or to
any person or property.
No hauler shall bury or burn any solid waste and/or recyclables
or cause to be buried or burned any solid waste and/or recyclables,
papers, trash, hazardous waste and/or materials within the limits
of the Village, unless authorized to do so in writing by the Village
Board.
This article shall also apply to all special events held in
the Village. The sponsor of said events shall be responsible for sorting
all solid waste materials into appropriate container or bags and making
all arrangements for pickup and disposal of all solid waste materials.
The hauler may charge a fee to be determined by the Village Board
for such pickups and disposal.
The failure of a hauler to comply with the provisions of this
article shall be considered a violation subject to the following specified
fines for each offense pursuant to § 80.05(4) of the Penal
Law as well as for corporate officers, directors and officials except
for corporations in their corporate capacity which shall be fined
pursuant to § 80.10 of the Penal Law. Each day's violation
shall be considered a new and separate offense subject to a separate
penalty as fixed below. Any fines collected under this article shall
inure to the Village and shall be deposited in the Village general
fund to use as it deems appropriate.
Section
|
Violation
|
Fine
|
---|
|
Failure to obtain a municipal hauler license
|
$250
|
|
Failure to deliver all solid waste collected within the Village
and destined for disposal within New York State to the Village-approved
disposal site
|
$250, plus revocation
|
|
Failure to attach a municipal sticker to the hauler vehicle
|
$250
|
|
Duplication or imitating the municipal sticker or engaging in
the selling of the municipal sticker
|
Revocation
|
|
Accepting and/or disposing of county-designated recyclable materials
as solid waste
|
$200
|
|
Removing, destroying or disposing of a recycling container or
using same for other than storage of a county-designated recyclable
|
$150
|
|
Engaging in the collection of solid waste and/or recyclables
on Sundays, Thanksgiving or Christmas
|
$50
|
|
Failure to notify the Village, 30 days' prior written notice
of any cancellation, nonrenewal or modification of required insurance
policy
|
$50
|
|
Failure to comply with the designated hours of operation
|
$200
|
|
Failure to remove uncollected solid waste improperly set out
for disposal
|
$100
|
|
Throwing, scattering or allowing deposit of any solid waste
and/or county-designated recyclables or other waste upon the streets
|
$100
|
|
Engaging in the collection of solid waste and/or county-designated
recyclables in a noncovered vehicle
|
$100
|
|
Dumping or depositing any solid waste and/or recyclables material
upon any property; draining leachate from hauler vehicle
|
$100
|
|
Allowing solid waste or other waste material and recyclables
to accumulate upon any property so that it becomes obnoxious, unsightly
or offensive
|
$250
|
|
Any hauler engaging in the burial or private burning of solid
waste and/or recyclables, papers, trash, hazardous waste and/or materials
within the limits of the Village
|
$250
|
If any paragraph, section, sentence or portion of a sentence
of this article shall be found and determined to be invalid, unlawful
and/or unconstitutional, such determination shall not invalidate or
void any other paragraph, section, sentence or portion thereof and
such other parts thereof shall remain in full force and effect unless
and until legally revoked, modified and/or amended.