[HISTORY: Adopted by the Town Board of the Town of Busti
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-24-1991 by L.L. No. 3-1991 (Art. 72 of the 1989
Code)]
The intent of this article is to protect and promote the health, safety and welfare of the people of the Town of Busti by regulating the storage, collection, recycling and disposal of solid waste and shall be entitled "Solid Waste Management Local Law for the Town of Busti." It shall constitute Chapter 352, Article I, of the Town Code of the Town of Busti.
As used in this article, the following terms shall have the
following meanings:
Any person who picks up solid waste and transports that solid
waste for hire to a solid waste disposal facility, recycling center
or transfer station for recycling or disposal; any person who picks
up solid waste and transports that solid waste from more than three
households to a solid waste disposal facility, recycling center or
transfer station for recycling or disposal; or any commercial, institutional
or industrial generator who picks up solid waste and transports that
solid waste to a solid waste disposal facility, recycling center or
transfer station for recycling or disposal.
Solid waste generated by stores, offices, institutions, restaurants,
warehouses and nonmanufacturing activities at industrial facilities.
Uncontaminated waste resulting from construction, remodeling,
repair and demolition of structures, road building, and land clearing;
such wastes include, but are not limited to, bricks, concrete and
other masonry materials, soil, rock, lumber, road spoils, paving material,
and tree and brush stumps.
The act of transferring possession of discarded materials
for the ultimate purpose of recycling, land burial or extraction of
energy through incineration.
All containers containing pesticides and/or pesticide residue
which can no longer be utilized for farm purposes.
Waste defined in § 27-0903 of the New York Environmental
Conservation Law, as amended, and the regulations thereunder, and
in § 1004 of the Federal Resource Conservation and Recovery
Act of 1976, as amended, 62 U.S.C. § 6903, and the regulations
thereunder.
Town of Busti Highway Superintendent.
Household waste which, but for its point of generation, would
be a hazardous waste under 42 U.S.C. § 6903 or 6 NYCRR Part
371, including pesticides as defined in Article 33 of the Environmental
Conservation Law.
Solid waste discarded from single or multiple dwellings,
hotels, motels, campsites, public and private recreation areas, ranger
stations, and other residential sources.
Solid waste generated by manufacturing or industrial processes.
All large or bulky articles, excluding major appliances,
actually used in the home and which equip it for living, such as chairs,
sofas, tables, beds, sinks and bathtubs.
Large and/or bulky household mechanisms, such as refrigerators,
washers, dryers, stoves, ordinarily operated by natural gas or electric
current.
Any individual, institution, group of individuals, partnership,
firm, corporation, association, state, county, city, town, village
or improvement district.
All materials which are a by-product of production utilized
in production or sale after resale by a commercial enterprise or production
enterprise.
Any material designated, from time to time, by the Town Board
or Town Highway Superintendent which is separated from the waste stream
and held for its material recycling or reuse value.
Those who deal with recyclable material, such as collectors,
separators and marketers, including not-for-profit corporations and
charitable corporations which collect recyclables for fund-raising
purposes.
A facility where material previously separated from the waste
stream is stored for its material recycling or reuse value or where
such material is processed for reuse.
Persons who reside in and maintain their domicile in the
Town of Busti (including the Village of Lakewood).
As defined in 6 NYCRR Part 360.
An area at roadside or other designated area at which a person
stores solid waste containers for collection.
An area upon which solid waste is deposited for land burial
or incineration.
The segregation of recyclable material from the solid waste
stream at the point of generation for separate collection, sale or
other disposition.
The Town of Busti.
The Town Board of the Town of Busti.
The Town Clerk of the Town of Busti.
Those facilities where persons and collectors, as defined
herein, transfer possession of solid waste to the owner of the transfer
stations for disposal or recycling.
A solid waste disposal facility which does not conform with
the rules and regulations set forth in Part 19 of the New York State
Sanitary Code, Title 6 of the Official Compilation of the Codes, Rules
and Regulations of the State of New York, or the applicable provisions
of this article.
Tires from cars, trucks and other vehicles.
Grass clippings, leaves, cuttings from shrubs, hedges and
trees, but excluding tree and brush stumps; yard waste does not include
household waste or recyclable material, as defined herein.
A.
Each collector, as licensed by the Town hereunder, shall submit a
plan for approval of the Town not more than 30 days after the adoption
of this article to provide for collection of household and commercial
waste and recyclable materials. Such plan must demonstrate that regular,
reliable collection of household waste, commercial waste, household
hazardous waste, large household furnishings, major appliances, and
recyclable material will be provided to each property, person or entity
served by the collector. Such a plan shall also propose a schedule
of implementation, which implementation shall take effect no later
than December 1, 1991.
B.
The Town Board shall approve the schedule of implementation for collection
of recyclable material throughout the Town.
C.
Effective September 1, 1991, persons other than collectors who dispose
of solid waste at all transfer stations shall separate such solid
waste in accordance with such rules and regulations as are promulgated
by the Highway Superintendent.
D.
No person shall dispose of household waste, commercial waste, household
hazardous waste, large household furnishings, major appliances, or
recyclable material in the Town of Busti, except as follows:
(1)
The transfer station presently owned by the Town, together with such
other solid waste disposal sites as may, either prior to or subsequent
to the enactment of this article, be established, licensed or contracted
with by the Town Board, are hereby designated as the solid waste disposal
sites to be used by all persons within the Town. Disposal at these
Town-owned sites shall be regulated by rules promulgated by the Highway
Superintendent, the permits issued by NYSDEC, and other applicable
regulations.
(2)
The sites established, licensed or contracted with by the Town shall
be for the exclusive use of residents of the Town; however, the Town
reserves the right to contract with other municipalities for the use
of such sites by persons within those municipalities or to make such
facilities available to such persons for a charge to be determined
by the Town Board.
(3)
Except as provided for in Subsection D(2), supra, any person who shall transport solid waste from outside the Town and dump or discharge the same at the aforementioned sites presently owned by the Town of Busti shall be subject to the penalties imposed for the violation of this article.
(4)
In order to facilitate the conservation of vital natural resources
through recycling, persons shall dispose of such solid waste as is
authorized herein at the transfer stations, by separating the recyclables
into such containers as are authorized for recyclable material by
the Highway Superintendent.
(5)
Recyclable materials, including but not limited to discarded newspapers,
cardboard, glass, metals and batteries, shall be separated from nonrecyclable
material as designated by the Highway Superintendent and placed in
such containers as are designated by the Highway Superintendent.
(6)
The recyclable materials referred to in Subsection D(5), supra, shall be prepared by persons in accordance with such rules and regulations as are promulgated by the Highway Superintendent.
(7)
Solid waste which is collected by collectors, excluding commercial
and industrial waste, construction and demolition debris, household
hazardous waste, farm hazardous waste, and vehicle tires, shall be
delivered to a facility designated by the Highway Superintendent,
which facility may be located outside the Town of Busti.
(8)
Persons may dispose of the waste referred to in § 352-2 in the definitions of "commercial waste," "construction and demolition debris," "farm hazardous wastes," "hazardous or toxic waste," "household hazardous waste," "household waste," "industrial waste," "large household furnishings," "major appliances," "solid waste," "vehicle tires" and "yard waste," plus recyclables as defined in § 352-2 in the definition of "recyclable materials," at licensed facilities outside the Town of Busti without approval of the Highway Superintendent.
E.
It shall be a violation of this article for any person without authority
from the Town of Busti to collect, pick up, remove or cause to be
collected, picked up or removed any solid waste and recyclable material
placed at the transfer station or other designated area, and each
such collection, picking up or removal from one or more premises shall
constitute a separate and distinct offense in violation of this article.
F.
A person may dispose of his recyclable materials by selling or donating
the materials to recyclers, but these recyclables may not be picked
up at the transfer station.
G.
It shall be a violation of this article for any person to place at
the transfer station for collection any can or container, other than
one which contains household waste, commercial waste or recyclable
material.
H.
Collectors, as well as commercial and industrial authorities, are
hereby prohibited from disposing of solid waste or recyclables at
any transfer station or recycling center operated by the Town.
The Town Board has the power to:
A.
Formulate, adopt, promulgate, amend and repeal rules and regulations
in furtherance of this article for controlling the storage, collection,
recycling and disposal of solid waste in the Town of Busti.
B.
Control the storage, collection, recycling and disposal of solid
waste in accordance with the provisions of this article and of the
rules and regulations promulgated pursuant hereto.
C.
Hold hearings, subpoena and compel the attendance of witnesses and
the production for examination of any book, paper or item relating
to the matter under investigation.
D.
Make findings of fact and determinations.
E.
Make, modify or cancel orders affecting the control of the storage,
collection, recycling or disposal of solid waste.
F.
Request the Town to institute civil actions, proceedings or hearings
to compel compliance with the orders of the Town Board and with the
provisions of this article and the rules and regulations promulgated
pursuant hereto.
G.
Prepare and issue criminal information or otherwise institute criminal
proceedings against persons found to be in violation of this article.
H.
Fix fees for licenses and renewals thereof.
I.
Delegate the issuance of licenses and renewals thereof to the Town
Clerk.
J.
Cancel, suspend or revoke licenses after a hearing.
K.
Take such other action as it may deem necessary, proper or desirable
to enforce the provisions of this article or any of the rules and
regulations promulgated pursuant hereto.
All hearings held pursuant hereto shall be upon not less than
10 days' notice to the person involved and shall be held at a time
and location specified by the Town Board.
It shall be unlawful for any person to dump, throw, deposit,
place or cause to be dumped, thrown, deposited or placed or allow
to be thrown, dumped, deposited or placed in any location within the
Town of Busti any solid waste or any noxious material, except at those
solid waste disposal facilities, transfer stations, or recycling centers
established, licensed or contracted with by the Town Board.
A.
No person shall operate a solid waste disposal facility except in
accordance with the Town of Busti Solid Waste Management Plan.
B.
It shall be unlawful within the Town of Busti to dump, throw, deposit,
place or cause or allow to be dumped, thrown, deposited or placed
any solid waste, hazardous waste or radioactive waste or noxious material
from any source located outside the Town of Busti.
C.
The provisions of this section are in addition to any rules and regulations
required for such facilities by federal and state regulations, including,
but not limited to, 6 NYCRR Part 360.
D.
Industrial hazardous waste facilities, as defined and regulated in
6 NYCRR Part 361, are prohibited in the Town.
E.
Hazardous waste management facilities, as defined and regulated in
6 NYCRR Part 373, are prohibited in the Town.
F.
Low-level radioactive waste disposal facilities, as defined and regulated
in 6 NYCRR Part 382, are prohibited in the Town, as are radioactive
waste disposal facilities of any kind.
A.
Any person, except for an individual who collects solid waste generated
by the individual, the individual's immediate family, or from
property owned by the individual, who collects solid waste in the
Town after September 1, 1991, must possess a valid license issued
by the Town Board.
B.
Any person who wishes to collect solid waste must make application
to the Town Board for a license on an application form to be provided
by the Town Board. An annual fee of $100 plus $25 per vehicle to be
used in transporting the solid waste to a solid waste disposal facility
or transfer station, whether located within or outside of the Town
of Busti, shall accompany the application for a license to collect
solid waste.
D.
If after a hearing the Town Board deems that the collector operates
in a manner not in compliance with the provisions hereof or in a manner
such as to cause a nuisance or hazard to the public, the Town Board
may suspend or revoke the collector's license.
E.
The collector must operate in compliance with the following requirements:
(1)
The owners and operators of all vehicles used for the collection
of solid waste shall:
(a)
Ensure that there is no spillage of liquid from the vehicle;
(b)
Ensure that there is no spillage or blowing of solid waste from
the vehicle;
(c)
Maintain the vehicle and keep it clean;
(d)
Affix the name of the owner or business on both sides of the
vehicle in letters not less than four inches high and of a color contrasting
with the back ground;
(e)
Ensure that the vehicle is capable of discharging contents from
a stationary position.
(2)
All vehicles used for the collection of solid waste shall be stored
in a manner as not to create a nuisance.
(3)
Collectors shall handle solid waste containers in a manner so that
no solid waste is spilled during the transfer from the container to
the collection vehicle and so that the container is not damaged during
such handling or as a result of such handling. Damage to containers
not meeting the specifications set forth herein shall not be covered
by this section.
A.
Storage of all solid waste by collectors shall be in containers which
completely confine the material.
B.
The structure of the containers to confine the aforementioned solid
waste shall be such that they:
(1)
Prevent the exit and entrance of insects, rodents or other animals;
(2)
Can be easily cleaned;
(3)
Will not crack when subject to cold temperatures;
(4)
Will not break or burst when lifted;
(5)
Are easily unloaded; and
(6)
Shall be of sufficient integrity to confine such waste for a time
determined by the Highway Superintendent.
C.
All containers shall be kept in a clean and sanitary condition.
A.
Residential, commercial and industrial, and construction and demolition
debris may not be disposed of at the transfer stations.
B.
Such debris shall be disposed of at such sites as are approved by the Town Board and the New York State Department of Environmental Conservation; provided, however, that the same may only be located within that portion of the CAMP District as defined by Chapter 405, Zoning, § 405-14, set aside for said proposes; and provided, further, that such debris was generated solely from a source located within the Town of Busti.
A.
Residential yard waste not otherwise disposed of at the site of origination
shall be disposed at compost sites designated by the Highway Superintendent
or at other sites as allowed by 6 NYCRR Part 360. Such yard waste
shall be disposed of in accordance with such rules and regulations
as are promulgated by the Highway Superintendent.
B.
Where allowed by law or regulation, this section shall not prohibit
private or municipal composting of yard waste.
A.
All commercial, residential and industrial waste collected by private
collectors shall be delivered to the appropriate facility designated
by the Town Board, whether within or outside of the Town of Busti,
and shall not be disposed of at any Town solid waste collection point
or transfer station.
B.
All commercial and industrial recyclable materials designated for
disposal at a designated facility shall be packaged and collected
in a manner approved by the operator of such facility and delivered
to a facility designated by the Town Board.
C.
The materials collected by the metal industry recyclers and their
agents, as well as the materials that they separate and market, shall
be exempt from this article. Any waste that the individuals mentioned
herein tender for municipal collection shall not include recyclables.
D.
Recyclable industrial and commercial by-products may be sold or donated
by an industrial and/or commercial enterprise to any scrap metal enterprise
or recycler; however, such materials cannot be placed at a solid waste
collection point or transfer station for collection by such scrap
metal enterprise or recycler.
E.
Scavenging is hereby prohibited.
Large household furnishings and major appliances may be brought
to a transfer station by any person for disposal or recycling by the
Town upon such terms and conditions as are established by the Highway
Superintendent.
Vehicle tires may be disposed of at a transfer station by any
person or collector, upon such terms and conditions as are established
by the Highway Superintendent.
Each person who disposes of solid waste at a transfer station
shall display a decal on the right windshield or passenger's
window or rear window of the vehicle used to transfer solid waste,
which decal shall be purchased from the Town for a sum to be set by
the Town Board. Decals shall be issued annually by the Town Clerk
for the period commencing July 1.
A.
The Town Board may suspend or revoke a license for violation of the
provisions of this article or of the rules and regulations promulgated
hereunder.
B.
Suspension or revocation of a license shall become final five days
after service of a notice hereof upon the holder of a license.
C.
The holder of the license or other aggrieved party affected by such
suspension or revocation may request a hearing by the total membership
of the Town Board to reconsider its action, by serving upon the Town
Clerk a request for reconsideration within 30 days following the service
of the notice of suspension or revocation which shall set forth the
reasons for such request. Unless the Town Board orders that the license
be suspended or revoked during the pendency of the reconsideration,
such suspension or revocation shall be stayed by effective service
of such notice of reconsideration until final determination by the
Town Board.
A license which has been revoked or suspended shall be surrendered
forthwith to the Town Board.
A.
Failure to comply with this article, except § 352-7D, E and F, by any person, or tenant in cases where a lease agreement gives specific responsibility for solid waste disposal to such tenant, shall be an offense punishable as provided herein:
(1)
Conviction of a first offense as provided by this section shall be
punishable by a fine of up to $100 and, in addition, anyone convicted
of first offense hereunder shall be liable to pay a civil penalty
of $50.
(2)
Conviction of any additional offenses shall be punishable by a fine
of up to $500 or imprisonment of not more than 15 days, or both, and
in addition anyone convicted of an offense hereunder shall be liable
to pay a civil penalty of $100.
[Adopted 5-7-2001 by L.L. No. 3-2001 (Art. 30 of the 1989
Code)]
The Town Board of the Town of Busti does hereby adopt and enact
this article, which shall be known as the "Local Law to Provide for
the Control of Garbage and Refuse in the Town of Busti."
As used in this article, the following terms shall have the
meanings indicated:
The residue from any combustion process, whether generated
from manufacturing, residential or any other source.
Includes offal, kitchen waste, meat, poultry, fish or vegetable
waste, and paper, cardboard, plastic, glass, metal or containers or
materials for wrapping foods and food products.
An individual, society, group, firm, partnership, corporation
or association of persons, and all other entities of any kind capable
of being sued.
All other objects made of paper, cardboard, wood, plastic,
metal and glass, rags, ashes, lumber, brick, stone, cement and other
construction debris, leaves, grass clippings and shrub and tree parts
and trimmings. Refuse shall not include earth and wastes from building
operations, nor shall it include solid waste resulting from industrial
process and manufacturing operations such as food processing waste,
boiling house cinders, lumber scraps and shavings.
That part of the Town of Busti outside the Village of Lakewood.
It shall be unlawful for any person to allow or cause to exist
any unsanitary or filthy condition in, on or about any premises owned,
used or occupied by said person within the Town. The owner, lessee,
tenant or other person having management or control of or occupying
any lot, premises, dwelling or other building in the Town shall keep
same at all times free and clear of any accumulation of ashes, garbage,
refuse or discarded matter of any type, except as permitted in this
article.
It shall be unlawful for any person to throw, dump, deposit
or place, or cause to be thrown, dumped, deposited or placed, or to
permit any servant or employee to throw, dump, deposit or place, in
or upon any street, highway, alley, sidewalk, park, public building,
and in any running water, canal or other body of water within the
Town, any ashes, garbage or refuse, including but not limited to dead
carcasses, sewage, slops, excrement, compost, stable manure, ashes,
soot, tin cans, tires, rags, wastepaper barrels, crates, boxes, litter
or loose combustible material, including waste petroleum products,
materials subject to be carried by the wind, and unwholesome or putrescible
matter of any kind.
It shall be unlawful for any person, either as owner, agent,
lessee, tenant or otherwise, to throw, dump, deposit or place, or
cause to be thrown, dumped, deposited or placed, or to permit any
servant or employee to throw, dump, deposit or allow any ashes, refuse,
garbage, manure, offal or other decomposable organic or putrescible
matter in or upon any vacant lot or land or vacant place upon the
surface of any lot or land, enclosed or otherwise, except at such
place or places designated or approved by the Town Board, provided
that garbage, manure, offal or other putrescible matter may be kept
temporarily in suitable cans, vessels, tanks or containers which are
watertight and provided with tightly fitting covers.
It shall be unlawful for any person to throw, dump, deposit
or place or cause to be thrown, dumped, deposited or placed in the
Vukote Canal any ashes, garbage, refuse, tires, logs, stumps, brush
or any other thing or any other substance which would have the effect
of impairing the use of the canal as a safe or clean navigable body
of water or which would make the canal and its banks less sanitary
or safe.
Nothing herein shall be construed as to prohibit:
A.
The lawful use of any public solid waste disposal facility.
B.
The placement of refuse and garbage by residents of the Town of Busti
in suitable containers at the edge of the pavement, street or road
on the days scheduled for rubbish removal collection. However, should
such container be damaged or torn by any means or cause, except loading,
the litter resulting therefrom shall be the responsibility of the
resident and shall constitute a violation of this article unless it
shall be promptly cleaned up by such resident.
C.
The use in a reasonable manner of ashes, sand or other material for
the purpose of reducing the hazard of or providing traction on, snow,
ice or sleet.
D.
The depositing of manure, compost or fertilizers by a landowner upon
his, her or its own land, if the land is under cultivation or part
of a garden or mowed lawn area.
E.
The use of matter capable of decay for composting within the bounds
of a single-family residence or farm, so long as the composting is
done in a nuisance-free manner which does not impair the public health,
safety or general welfare.
F.
The allowing of leaves and branches to remain where they fall, or
the collecting and piling of same by owners or tenants on their own
premises, so long as such collections or piles do not constitute a
menace to others.
G.
The disposal on areas within the bounds of a farm or licensed meat
packing firm of animal carcasses or parts thereof generated by that
farm or meat packer, so long as the same shall be disposed of in accordance
with the applicable provisions of the New York State Agriculture and
Markets Law.
A.
Any person that commits or permits to be committed an act in contravention
of this article shall be deemed to have committed a violation and
shall be subject to a fine of not more than $250 or imprisonment for
a period not to exceed 15 days, or both. The continuation of a violation
of the provisions of this article shall constitute a separate and
distinct violation hereunder for each day the violation is continued.[1]
B.
Action or proceeding; civil penalties.
(1)
The Town Board may also maintain an action or proceeding in the name
of the Town in a court of competent jurisdiction to compel compliance
with or restrain by injunction any violation of this article.
(2)
In addition to or apart from any action or proceeding to enjoin any
violation, any persons who violates this article shall be liable for
a civil penalty or liquidated damages of $100 per day for each day
such violation continues after such violator has received notice by
certified mail to cease, discontinue or remove the violation.
C.
Appearance tickets. The Code Enforcement Officer, his designee or
duly authorized Deputy Code Enforcement Officer, pursuant to the Municipal
Home Rule Law, shall have the authority to issue appearance tickets
for violations of any provision of this article.
D.
Jurisdiction. The Town Justice of the Town of Busti shall have the
jurisdiction to hear all complaints under this article and all actions
and proceedings hereunder and all prosecutions for violations of this
article, as authorized by the Constitution and Judiciary Law of the
State of New York.
