[Amended 1-13-1987]
For the purpose of this Part
1, the following terms shall have the following meanings assigned to them, unless noted otherwise:
ASHES
The residue from the burning of wood, coal, coke or other
combustible materials.
BIOLOGICAL WASTE
Human bodies, animal bodies and parts, tissues or blood from
human bodies or animal bodies.
BULKY ITEMS
Consist of any materials or items longer or wider than four
feet, including but not limited to refrigerators and freezers; television
sets; fenceposts or rails longer than four feet; boilers, furnaces,
stoves, hot-water heaters or other major appliances; household or
office furniture; and rubber tires.
BUSINESS AREA
Any area where businesses are located or operating.
CLEAN FILL
Material consisting of concrete; steel; sand; dirt; soil;
glass; and uncontaminated solid waste resulting from the construction,
remodeling, repair and demolition of structures and roads, including
but not limited to bricks, concrete and other masonry materials, rock,
nonasbestos insulation, roofing shingles, asphaltic pavement and metals
that are incidental to any of the above. Materials specifically excluded
from this definition include but are not limited to asbestos waste,
garbage, corrugated container board, plumbing fixtures, electrical
wiring and components, electrical fixtures containing hazardous liquids
such as fluorescent light ballasts or transformers, carpeting, furniture,
appliances, tires, drums and containers, fuel tanks, wood, wall coverings,
plaster, drywall, plastics, any uncontaminated solid waste consisting
of vegetation resulting from land clearing and grubbing, utility-line
maintenance and seasonal and storm-related cleanup and any waste that
is unrecognizable due to pulverizing or shredding (such as may be
employed at a construction and demolition debris-processing facility).
[Added 6-5-1990]
COLLECTION VEHICLE
A vehicle designed, built and used for the purpose of collecting
solid waste.
COMMISSIONER OF SANITATION
The Commissioner of Sanitation or his duly authorized designee.
[Added 7-26-2005 by L.L. No. 5-2005; 3-15-2022 by L.L. No. 3-2022]
GARBAGE
Wastes from the preparation, cooking and serving of food,
and market wastes from the handling, storage and sale of produce.
HAZARDOUS WASTE
A.
A waste which appears on a list or satisfies the criteria promulgated
under § 27-0903 of the New York State Environmental Conservation
Law and/or § 1004 of the Federal Resource Conservation and
Recovery Act of 1976, as amended, which shall include but not be limited
to a solid waste or combination of solid wastes, which because of
its quantity, concentration or physical, chemical or infectious characteristics
may:
(1)
Cause or significantly contribute to an increase in mortality
or an increase in serious irreversible or incapacitating reversible
illness; or
(2)
Pose a substantial present or potential hazard to human health
or the environment when it is improperly treated, stored, transported,
disposed or otherwise managed.
B.
The final determination of whether or not a waste is hazardous
shall be made by the Commissioner of Sanitation in accordance with
the guidelines of the New York State Department of Environmental Conservation
and/or the United States Environmental Protection Agency, which establish
the criteria for such determination.
[Amended 7-26-2005 by L.L. No. 5-2005; 3-15-2022 by L.L. No. 3-2022]
HOLIDAY
The day on which the holiday is actually celebrated and shall
include New Year's Day, Martin Luther King Jr. Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, Veterans' Day, and
Christmas Day.
[Amended 7-26-2005 by L.L. No. 5-2005]
INDUSTRIAL WASTE (as defined in Title 6 of the official New
York Code of Rules and Regulations, Part 360, Solid Waste Management
Facilities)
Wastes in liquid, semisolid or solid from that result from
industrial or commercial processes, including but not limited to factories,
processing plants and repair and cleaning establishments, which wastes
include but are not limited to sludges, oils, solvents, spent chemicals
and acids. "Sludges" means any solid, semisolid or liquid waste generated
from a municipal, commercial or industrial wastewater treatment plant,
water supply treatment plant or air pollution control facility. Sludge
does not include the treated effluent from a wastewater treatment
plant. A waste at the same time may be classified as an industrial
waste and a hazardous waste for the purposes of this chapter.
LITTER
Solid waste which is thrown or deposited and which tends
to create a danger to health, safety and welfare.
NEWSPAPER
A publication made of newsprint and sold or distributed at
stated intervals and having as its primary purpose newsworthy items
or advertisements or any other matters of public interest and shall
not be construed to mean any magazine or periodical or other paper
products of any nature whatsoever.
OPEN BODY REFUSE CONTAINER
Any vehicle or container attached to a vehicle which is capable
of carrying solid waste which is open or normally capable of being
open on one end or at the top, including but not limited to roll-off
containers, dumpsters, dump trucks, flatbed trucks and pickup trucks.
OPERATE
The actual pickup, loading or collection of solid waste.
PARK
A park, reservation, playground, beach, recreation center
or any other public area in the town, owned or used by the Town and
devoted to active or passive recreation.
PARKING LOT (for the purposes of Article V of this Part 1)
Any privately owned parking facility with spaces for more
than 10 vehicles and which services a retail establishment in the
Town of Oyster Bay, including but not limited to shopping centers,
department stores, shops, stores and fast-food restaurants.
PERSON
Extends and is applied to associations, clubs, societies,
firms, partnerships and bodies politic and corporate as well as to
individuals.
POTENTIALLY INFECTIOUS WASTE
The waste products, normally originating from medical offices,
medical laboratories, nursing homes, surgical centers and hospitals,
which consist of human or animal body parts, tissues or blood or materials
coming in contact with said body parts and tissues or blood from persons
or animals that are diseased or infected or could reasonably be presumed
to be diseased or infected. For the purpose of this definition, the
presence of any waste deposited in red bags or deposited in orange
bags marked "biohazardous" or the like or marked "autoclaving bag"
or the like shall be considered a potentially infectious waste. The
final determination as to whether a waste is potentially infectious
shall be made by the Commissioner of Sanitation in accordance with
this chapter and any other guidelines that may be provided by the
New York State Department of Environmental Conservation, the New York
State Department of Health and/or the Nassau County Health Department.
[Amended 12-19-1989; 7-26-2005 by L.L. No. 5-2005; 3-15-2022 by L.L. No. 3-2022]
PRIVATE PROPERTY (for the purposes of Article II)
Any property other than that used as a public highway. For the purposes of Article
VI, "private property" shall mean any dwelling, house, building or other structure designed or used either wholly or in part for residential, business or industrial purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any property, yard, grounds, walk, driveway, parking areas, porch, steps, vestibule or mailbox belonging or appurtenant to any such dwelling, house, building or other structure, designed or used either wholly or in part for residential business or industrial purposes.
PUBLIC PLACE
Any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, squares, spaces, grounds
and buildings.
RECYCLABLE MATERIALS
Includes the following items: newspapers; magazines; office
paper; advertising ("junk") mail; corrugated cardboard; food and beverage
containers made of brown glass, green glass or clear glass; food and
beverage containers made of aluminum, steel, tin or any combination
thereof except that aerosol containers shall not be considered recyclable
materials; white goods; as well as rigid plastic household containers
composed of polyethylene terephthalate (PET or PETE) (#1 plastic)
and high-density polyethylene (HDPE) (#2 plastic). The Commissioner
of Sanitation shall be authorized to add or delete items from this
list in the event that he determines the economic market conditions
warrant such action.
[Amended 12-19-1989; 10-23-1990; 10-13-1992; 7-26-2005 by L.L. No. 5-2005; 3-15-2022 by L.L. No. 3-2022]
RECYCLING PARTICIPANTS
The owners or occupants of homes, of apartment complexes,
of condominiums, of businesses, of organizations, of corporations,
of associations or of industries or any other person or entity within
the Town of Oyster Bay Solid Waste Disposal District.
[Amended 12-19-1989; 10-23-1990; 7-26-2005 by L.L. No. 5-2005]
RESIDENTIAL AREA
That area primarily zoned and occupied for residential purposes.
RESIDENTS
Consists of all persons who generate solid waste.
RUBBISH
Consists of any solid waste other than garbage, recyclable materials and bulky items as defined in this Part
1.
SOLID WASTE
Consists of all materials defined in this Part
1 as bulky items, garbage, recyclable materials and rubbish.
TOWN
Only the unincorporated area of the Town of Oyster Bay serviced by the Sanitation Department for the purpose of Article
II of this Part
1. For all other purposes, "town" shall mean the entire Town of Oyster Bay, including its incorporated and unincorporated areas.
[Amended 3-15-2022 by L.L. No. 3-2022]
TOWN OF OYSTER BAY SOLID WASTE DISPOSAL DISTRICT
Consists of the entire incorporated and unincorporated areas
of the Town of Oyster Bay, excluding the Villages of Bayville, Brookville,
Centre Island, Cove Neck, Lattingtown, Laurel Hollow, Matinecock,
Mill Neck, Muttontown, Old Brookville, Old Westbury, Oyster Bay Cove,
Roslyn Harbor, Sea Cliff and Upper Brookville, plus the Glenwood-Glen
Head Garbage District.
[Amended 7-21-1987; 7-26-2005 by L.L. No. 5-2005]
TRANSFER STATION
Any public or private facility, whether or not run for profit,
to which solid waste is brought and subsequently sorted, stored, reloaded
or otherwise processed before being transported for disposal at another
location.
YARD WASTE
Consists of grass clippings, leaves, twigs, branches, stumps,
roots, tree trimmings, hedge and shrub clippings, weeds, and other
garden waste.
[Added 7-26-2005 by L.L. No. 5-2005]