Definitions. As used in this article, the following terms shall have
the meanings ascribed to them:
ADMINISTRATIVE FEE
Fees charged to users for administration and enforcement
of this article.
ASHES
The residue of the combustion of solid fuels.
AUTHORIZED RECYCLING FACILITY
A permitted or specifically exempt facility or facilities
for processing, reprocessing and/or recycling recyclable materials
as defined herein or listed in the rules and regulations promulgated
by the City Clerk. This term shall exclude incineration facilities,
waste-to-energy facilities and landfills.
BUILDING REFUSE/CONSTRUCTION WASTE
Any and all refuse or residue resulting from building construction,
reconstruction, repair or demolition; from grading, shrubbing or other
incidental work in connection with any premises; or from replacement
of building equipment or appliances, which work is performed by the
owner or resident.
BULK SOLID WASTE
(1)
Solid waste which is too large or too heavy to place inside
a City-issued refuse cart. The term includes discarded small household
furniture, bedding and mattresses, hot-water tanks, carpet (maximum
three rolls, each no larger than four feet long and 18 inches wide.
This will also include large appliances, to include stoves, refrigerators,
dishwashers, dryers, washing machines, scrap metal and other large
appliances.
(2)
This term does not include air conditioners, microwave-emitting
equipment, microwave ovens, regulated material, hazardous, regulated
medical and infectious waste.
CENTRAL BUSINESS DISTRICT
That collection area between and including Washburn Street
and South Transit Street and Walnut Street and Main Street.
CITY
The City of Lockport, a municipal corporation incorporated
in 1856 pursuant to the laws of the State of New York.
CITY DISPOSAL STICKER/TAG
A sticker or tag available from the City or its agents which
shall bear an identification mark established by the City.
CITY-ISSUED CONTAINER
A roll-away (wheeled) refuse cart issued by the City to property
owners or their representatives, capable of semi-automated and or
automated refuse collection, for the sole purpose of storage, collection
and disposal of source-separated solid waste.
COMMERCIAL REFUSE
Any producer of solid waste other than single-family, two-family,
three-family or four-family producer, including multifamily, businesses,
schools, churches, post offices, restaurants, governmental properties,
institutional properties, parking lots, parking garages and parking
ramps. Commercial refuse excludes all hazardous, regulated medical
and infectious waste.
COMMERCIAL REFUSE COLLECTOR
A person or company engaged in the business of collection,
removal, transportation or disposal of residential, commercial, and
institutional refuse.
COMMERCIAL REFUSE MANAGEMENT
The purposeful, systematic control of the generation, separation,
storage, collection, processing and disposal of residential, commercial
and institutional refuse.
COMMERCIAL USER
Any producer of solid waste other than single-, double-,
triple- or four-family producer, institutional waste and industrial
waste, including multifamily, businesses, schools, churches, post
offices, restaurants, parking lots, parking garages and parking ramps.
COMPOSTING
A controlled microbial degradation of organic waste yielding
a nuisance-free product of potential value as a soil conditioner.
COLLECTOR
The company under contract with the City that is engaged
in the business of collection, removal, transportation or disposal
of residential, commercial, and institutional refuse and recyclables.
CURBSIDE COLLECTION
The collection at individual households, institutions and
commercial buildings by a collector or independent collector, for
subsequent transport to the management facility.
DEAD ANIMALS
Dead animals or parts of animals from slaughterhouses are
not included in this category.
DEFAULT SERVICE
Residential properties (single-, double- and triple-family
parcels) that do not respond to the cart survey within 14 days of
issuance.
DIRECTOR
The City Clerk or the Mayor's designee.
DOUBLE/TWO-FAMILY PARCEL
A person who owns or occupies an improved parcel of land
in the City which is designated for or occupied by a residential use
with two dwelling units.
FACILITY
The structures, land, and other improvements on the land,
used for treating, sorting, or disposing of waste. A facility may
consist of several treatment, storage, or disposal operational units.
FOUR-FAMILY RESIDENCE
A person who owns or occupies an improved parcel of land
in the City which is designated for or occupied by a residential use
with four dwelling units.
GARBAGE RECEPTACLE
A permanent container made of metal or vinyl which is provided
with a tight-fitting cover and appropriate handles, or a disposable
plastic garbage bag which, when closed by lacing, is of sufficient
strength to prevent breakage.
HAZARDOUS WASTE
A solid waste or combination of solid wastes which, because
of its quantity, concentration or physical, chemical, or infectious
characteristics, may cause or significantly contribute to an increase
in mortality or an increase in serious irreversible or incapacitating
reversible illness, or pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported, disposed or otherwise managed. From a regulatory standpoint,
hazardous waste is defined on a basis of regulations in the Resource
Conservation and Recovery Act administered by the USEPA.
HEAVY PICKUP
Includes but is not limited to large household furnishings,
major appliances, tree trunks, construction debris, large bulky items
or items over 50 pounds in weight and lawn mowers.
INDEPENDENT COLLECTOR
A person or company not under contract with the City that
is engaged in the business, licensed and authorized by the Director
to collection, removal, transportation or disposal of residential,
commercial, and institutional refuse and recyclables.
INDUSTRIAL USER
Any producer of solid waste other than single-, double- or
triple-family producer, commercial, and institutional users.
INDUSTRIAL WASTE
Any and all residue resulting directly from industrial or
manufacturing operations. It shall not include refuse originating
from office operations of an industrial establishment, nor shall it
include refuse resulting from the commercial operations of persons,
firms or corporations engaged in the construction of buildings, the
repairing of streets and buildings, demolition or excavation. Residue
or waste resulting from tree or landscaping services shall also be
excluded. Industrial waste excludes all hazardous, regulated medical
and infectious waste.
INFECTIOUS WASTE
Includes but is not limited to human and animal surgical
wastes, blood and blood product wastes, human tissue or parts. Biological
waste products and laboratory wastes which have come in contact with
pathogenic organisms generated by organizations such as medical institutions,
biological research organizations, laboratories and hospitals.
INSTITUTIONAL REFUSE
Refuse originating in and around governmental institutions,
tax-exempt hospitals and public, charitable, philanthropic or religious
institutions. All refuse from institutions not included in this definition
shall be considered commercial refuse. Institutional waste excludes
all hazardous, regulated medical and infectious waste.
INTEGRATED WASTE MANAGEMENT
Coordinated use of a hierarchy of management methods, including
recycling, composting, incineration, and land filling.
LANDSCAPE WASTE
All accumulations of grass or shrubbery cuttings, leaves,
tree branches, and other materials accumulated as the result of the
care of the lawn, shrubbery, vines and trees.
LARGE HOUSEHOLD FURNISHINGS
All other large and/or bulky articles actually used in the
home which equip it for living (such as chairs, sofas, tables, beds,
carpets, etc.)
LITTERING
Dumping, throwing, placing, depositing or leaving, or causing
to be dumped, thrown, deposited or left, any refuse of any kind or
any object or substance which tends to pollute, mar or deface, into,
upon or about:
(1)
Any public street, highway, alley, road, right-of-way, park
or other public place, or any lake, stream, watercourse, or other
body of water, except by direction of the City of Lockport; or
(2)
Any private property without the consent of the owner or occupant
of such property.
MAJOR APPLIANCES
A large and/or bulky household mechanism (as a refrigerator,
washer, dryer, stove, etc.) ordinarily operated by gas or electric
current.
MULTIFAMILY USER
A person who owns or occupies an improved parcel of land
in the City of Lockport which is designated for or occupied by a residential
use with four or more dwelling units.
MULTIFAMILY COMPLEX
Four or more residential units that are either attached or
detached on a single parcel of land.
NONRECYCLABLE MATERIAL
That portion of the waste stream not included under the definition
of "recyclables" and not treated or separated as hazardous waste under § 27-0903
of the New York State Environmental Conservation Law, source, special
nuclear or by-product material as defined in the United States Atomic
Energy Act of 1954, or low-level radioactive waste as defined in § 29-0101
of the New York State Environmental Conservation Law.
(1)
Garbage: putrescible solid waste, including animal and vegetable
waste resulting from the handling, storage, sale, preparation, cooking
and serving of foods. Garbage originates primarily in home kitchens,
stores, markets, restaurants and other places where food is stored,
prepared or served.
(2)
Rubbish: rags, sweepings, excelsior, rubber, leather, crockery,
shells, clothing, dirt, filth, ashes, wastepaper and similar waste
material.
(3)
Construction and demolition debris: 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 or brush stumps.
(4)
Medical and infectious waste: as that term is defined herein.
NONRESIDENTIAL PRODUCERS
Any producer of solid waste other than a residential producer,
including but not limited to commercial or industrial businesses,
schools, churches, post offices, restaurants and multifamily residential
units containing three or more apartments.
OCCUPANT
An owner occupying premises which he or she owns or controls
or a tenant or renter of such premises.
OTHER RECOVERABLE MATERIALS
Any material, substance, by-product, compound or any other
item generated or originated within the City 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 herein. Other
recoverable materials excludes all hazardous, regulated medical and
infectious waste.
OWNER
The owner of premises within the City or another person who
has agreed to be the owner's agent for purposes of fulfilling the
owner's obligations under this code.
PARCEL
A single address or location that may have a single-, two-
or three-family residency, commercial business or institution that
requires collection of solid waste and recyclables.
PERSON
Any natural person, partnership, association, joint venture,
corporation, estate, trust, association, improvement district, governmental
entity or other legal entity.
PREMISES
A building or group of buildings constituting a single property
and the lot or parcel of land on which such building or buildings
are located.
REAR YARD
A yard extending between the side lot lines of a lot and
situated between the rear lot line and the rear line of the principal
building or use, projected to the side lot lines; in a corner lot,
a yard extending between the interior side lot line and the exterior
side yard and situated between the rear lot line and the rear line
of the principal building or use, projected to the interior side lot
line and exterior side yard.
RECYCLABLE MATERIAL
Any solid waste generated or originated within the City as
designated in the rules and regulations promulgated hereunder and
defined by the most-current recycling menu issued by the contractor,
including but not limited to:
(1)
Aluminum cans: containers fabricated primarily of aluminum and
commonly used for soda, beer or other beverages.
(2)
Kitchen cookware: metal pots, pans, tins and utensils.
(3)
Steel and tin cans: empty cans only.
(4)
Glass: clear or colored jars, bottles and containers which are
primarily used for packaging and bottling of various matters.
(5)
Newspaper: the common, inexpensive machine-finished paper made
chiefly from wood pulp used for newspapers without bags, strings or
rubber bands.
(6)
Paper board: wood-pulp-based material without any wax coating
such as cardboard, pizza boxes and paper bags.
(7)
Office paper and junk mail: envelopes, flyers, brochures and
postcards.
(8)
Phone books: all types and sizes.
(9)
Magazines and catalogs: all types and sizes.
(10)
Milk and juice cartons: empty containers only.
(11)
Plastic containers: containers used primarily for laundry products,
dishwashing detergents, milk, water most common being PET (polyethylene
terephthalate) and HDPE (high-density polyethylene) but may selectively
include other common plastic resin types.
RECYCLING CONTAINER
A bin, roll-away cart or other container set at curbside,
supplied by the City or designee of the City, for use by waste generators
within the City, which is readily identifiable by a hauler as a container
for recyclable materials. Containers supplied by the City designee
shall be used exclusively for the storage and collection of recyclables
pursuant to a City-sponsored recycling program, and such containers
shall, at all times, remain the property of the City.
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.
REFUSE
(1)
Solid waste generated at residences, commercial establishments,
and institutions. Means garbage, refuse or other waste, and other
material resulting from residential dwellings or establishments and
existing public areas which are not defined as recyclables or landscape
waste.
(2)
Excluded from the definition of refuse (municipal solid waste)
are the following which the collector shall have no obligation to
accept or process (herein the "excluded wastes"): any radioactive,
volatile, highly flammable, explosive, toxic, biomedical, or hazardous
material or any other waste or material not meeting the requirements
of this article. The term "hazardous material" shall include, but
not be limited to, any amount of waste listed or characterized as
hazardous by the United States Environmental Protection Agency or
any state agency of jurisdiction. However, it is reasonable to expect
that there is a chance of accidental mixing of such waste with the
normal refuse stream.
REFUSE MANAGEMENT
The purposeful, systematic control of the generation, separation,
storage, collection, transportation, processing and disposal of refuse
generated by residential and commercial users.
RESIDENTIAL BUILDING REFUSE
Any and all refuse or residue resulting from building construction,
reconstruction, repair or demolition or other incidental work in connection
with any premises; or from replacement of building equipment or appliances,
which work is performed by the owner or resident.
RESIDENTIAL REFUSE
Refuse originating in and around single-family residences,
two-family residences, and three-family residences.
RESIDENTIAL USER
A person who owns or occupies an improved parcel of land
in the City of Lockport which is designed for or occupied by a residential
use with three or fewer dwelling units. This term includes, but is
not limited to, vacant lots and two residential structures on one
parcel. Also, those persons, owners or occupants of single-family,
two-family or three-family dwelling units which produce solid waste
and are used exclusively for residential purposes.
SCAVENGING
The uncontrolled removal of materials at any point in waste
management.
SEPARATE AND ADDITIONAL COLLECTION SERVICE
Residents desirous of disposing quantities of refuse may
separately contract with City-approved hauler using additional container
service rates included in this article.
SINGLE STREAM RECYCLING
A system in which all paper fibers and containers (glass,
plastic, aluminum) are mixed together in the same receptacle for recycling.
SOLID WASTE
Includes but is not limited to garbage, refuse, nonrecyclable
rubbish, recyclable rubbish, construction debris, major appliances,
large household furnishings, brush and tree parts.
SOURCE SEPARATION
The segregation of recyclables and other recoverable materials
from nonrecyclable solid waste at the point of generation for separate
collection, donations, sale or other disposition.
STRANDED COSTS
The City's investment in education, research, technology,
capital, equipment and infrastructure for the refuse and recycling
program.
THREE-FAMILY RESIDENCE/UNIT
A person who owns or occupies an improved parcel of land
in the City which is designated for or occupied by a residential use
with three dwellings.
TRANSFER STATION
A location where certain types of waste can be temporarily
stored, in between being dropped off by domestic waste collection
lorries and being carried off by larger vehicles for subsequent treatment
and ultimate disposal.
TREE PARTS
Cuttings from shrubs, hedges and trees which are more than
four inches in diameter.
TWO-FAMILY RESIDENCE/UNIT
A person who owns or occupies an improved parcel of land
in the City which is designated for or occupied by a residential use
with two dwelling units.
USER
An occupant, owner, parcel, person or premises within the
City of Lockport who subscribes to City Refuse and Recycling Program
and uses City disposal stickers or tags in accordance with the rules.
VARIABLE CART SELECTION OPTIONS
Single-, two-, three- and four-family residents/units and
individual tenants who have the option to select from three varying
capacities for disposal of solid waste on a weekly collection schedule.
WASTE STREAM REDUCTION PROGRAM
Programs designed to reduce the volume of solid waste, to
enhance reclamation and recovery of solid waste or recyclables otherwise
destined for the municipal waste stream, and includes recycling programs;
changes to the packaging portion of the waste stream to reduce solid
waste generated; and activities and enterprises of scrap dealers.
YARD WASTE
Compost material, organic yard and garden waste, leaves,
grass clippings and brush. This term does not include regulated material.