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Town of Oyster Bay, NY
Nassau County
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Table of Contents
Table of Contents
[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.
AUTHORIZED LITTER RECEPTACLE (for the purposes of Article V of this Part 1)
A litter storage and collections receptacle larger than 10 gallons in volume capacity but less than 32 gallons in volume capacity.
[Amended 3-12-1991 by L.L. No. 1-1991]
AUTHORIZED PRIVATE RECEPTACLE (for the purpose of Article V of this Part 1)
A litter storage and collection receptacle, not to exceed 32 gallons in volume capacity.
[Amended 3-12-1991 by L.L. No. 1-1991]
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]
COMMISSIONER OF PUBLIC WORKS
The Commissioner of Public Works or his duly authorized designee.
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.
VEHICLE (for the purpose of Article VI)
Every device in, upon or by which any person or property is or may be transported or drawn upon.
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]