[HISTORY: Adopted by the Town Board of the
Town of South Bristol 9-14-1992 by L.L. No. 2-1992. Amendments noted where
applicable.]
A.
The Town Board of the Town of South Bristol finds
that to protect the health, safety and welfare of the people of the
town it is necessary to ensure and facilitate the maximum material
recovery practicable from the solid waste stream of the Town.
B.
The purpose of this chapter is to establish and implement
solid waste management practices and procedures to be applicable to
all persons within the Town.
As used in this chapter, the following terms
shall have the following meanings:
The person whom the Town Board appoints to oversee, direct
and manage solid waste and recycling with the Town.
[Amended 1-14-2013 by L.L. No. 2-2013]
Refers to instances in which the full avoided costs of proper
collection, transportation and disposal of source-separated materials
are equal to or greater than the cost of collection, transportation
and sale of said material less the amount received from the sale of
said material.
Any hazardous waste as defined under the Resource Conservation
and Recovery Act, 42 U.S.C. § 9601 et seq., or hazardous
waste as defined under New York Environmental Conservation Law § 27-0901
et seq., as each such law may be amended from time to time, and the
regulations promulgated thereunder and any analogous or succeeding
federal, state or local law, rule or regulation and any regulations
promulgated thereunder and other material which any governmental agency
or unit having jurisdiction shall determine from time to time cannot
be processed at a recycling facility because it is harmful, toxic
or dangerous.
A person, corporation, limited liability company, partnership
or other legal entity owning real property within the Town of South
Bristol.
[Added 1-14-2013 by L.L. No. 2-2013]
Any human being and those entities defined in General Construction
Law § 37.
Paper, glass, metals, plastics, garden and yard waste and
such other elements of solid waste as may be designated by the Director
at least 30 days prior to the effective date of said designation and
published once in the official newspaper(s) of the Town of South Bristol,
and further provided that such material is not hazardous and can be
reasonably separated from the solid waste stream and held for material
recycling or reuse value.
[Amended 1-14-2013 by L.L. No. 2-2013]
A person who physically lives and resides in the Town of
South Bristol, regardless of whether such person owns or rents such
residence.
[Added 1-14-2013 by L.L. No. 2-2013]
All putrescible and nonputrescible solid waste, including
but not limited to materials or substances discarded or rejected as
being spent, useless, worthless or in excess to owners at the time
of such discard or rejection or which are being accumulated, stored
or physically, chemically or biologically treated prior to being discarded
or rejected, having served their intended use, or as industrial, commercial
and agricultural waste, sludges from air or water pollution control
facilities or water supply treatment facilities, rubbish, ashes, contained
gaseous material, incinerator residue, demolition and construction
debris and offal, but not including sewage and other highly diluted
water-carried materials or substances and those in gaseous form, special
nuclear or by-product material within the meaning of the Atomic Energy
Act of 1954, as amended, or waste which appears on the list or satisfies
the characteristics of hazardous waste as defined herein.
Any and all permitted or specifically exempt facilities for
the processing, reprocessing and/or recycling of recyclable materials
or the disposal of solid waste. This term shall exclude incineration
facilities and waste-to-energy facilities.
Solid waste that is collected at a point where waste containers
have been placed for use by the general public.
A facility that the Town of South Bristol owns and operates
for the purpose of collecting solid waste, yard waste and recyclable,
reusable or other components.
[Added 1-14-2013 by L.L. No. 2-2013]
Refers generically to both commercial waste haulers and municipal
waste haulers.
Grass clippings, leaves, twigs, branches up to four inches
in diameter, lawn and garden wastes, weeds, brush and shrubbery clippings.
A.
Solid waste which has been left by the generator of
such waste for collection by a waste hauler or which is delivered
by the generator of such waste to a solid waste management facility
shall be separated into recyclable, reusable or other components for
which economic markets for alternate uses exist.
B.
No person shall commingle solid waste with recyclable, reusable or other components after said materials have been separated pursuant to Subsection A.
C.
No recyclable, reusable or other components shall
be commingled with any hazardous waste.
All waste haulers doing business in the Town
of South Bristol and other persons transporting their own solid waste
to state-permitted facilities shall report quarterly quantities of
waste and recyclable, reusable and other components handled and such
other information as may be reasonable required to the Director in
such form as he may reasonably determine. The sole purpose of this
section is the collection of data required by the State of New York.
Blue boxes will be provided to all town residences
until December 31, 1992. The town will provide these boxes to the
waste haulers, who shall distribute them to their residential customers.
Replacement boxes shall be the responsibility of the resident or the
waste hauler.
Any person responsible for the collection and
removal of the solid waste and recyclable material of another person
or household or any person who places waste containers in an area
for use by the general public shall:
A.
Provide separate containers for solid waste, labeled
clearly as such.
B.
Provide separate containers for collection of recyclable
materials, as required in the recycling rules and regulations, and
clearly label containers as such.
C.
Provide written recycling rules and regulations.
D.
Provide for the collection and removal of solid waste
and recyclables.
E.
Comply with any other rules and regulations promulgated
by the Ontario County Board of Supervisors for persons responsible
for third party waste removal.
A.
Designated recyclables, reusables and other components
shall not be disposed of at the South Bristol Transfer Station, except
that the Director may, by rule, designate acceptable contamination
levels consistent with state and federal regulations. Said rules shall
be approved by the Board of Supervisors of the County of Ontario and
the Town Board of the Town of South Bristol.
B.
All solid waste delivered to and accepted by the town
at its solid waste management facilities shall be the property of
the town and shall be subject to disposition thereby.
[Added 1-14-2013 by L.L. No. 2-2013]
A.
The Director shall oversee, direct and manage the operation of the
transfer and recycling facility to include the personnel, hours of
operations, rules and regulation of intake of solid waste, yard waste
and recyclable, reusable or other components, and proper transfer
to an authorized and approved solid waste management facility, all
subject to Town Board approval. The Director, and/or his agents and
employees, shall have the discretion and authority to refuse acceptance
of any solid waste, yard waste or recyclable, reusable or other components
to the transfer and recycling facility.
B.
The transfer and recycling facility shall be for the exclusive use
by residents and owners, as such terms are defined in this chapter.
C.
A resident is permitted to convey, deposit, discard, dump or dispose
of any solid waste, yard waste or recyclable, reusable or other components
that are generated only from the real property within the Town of
South Bristol that such resident claims as his or her residence.
D.
An owner is permitted to convey, deposit, discard, dump or dispose
of any solid waste, yard waste or recyclable, reusable or other components
that are generated only from such real property in the Town of South
Bristol that such owner owns.
E.
It shall be unlawful for any person, corporation, limited liability
company, partnership or other legal entity other than a resident or
owner, as defined in this chapter, to utilize the transfer and recycling
facility for the conveyance, depositing, discarding, dumping or disposal
of any solid waste, yard waste or recyclable, reusable or other components.
F.
It shall be unlawful for a resident or owner, as defined in this
chapter, to utilize the transfer and recycling facility for the conveyance,
depositing, discarding, dumping or disposal of any solid waste, yard
waste or recyclable, reusable or other components other than as permitted
by this chapter.
G.
The Town
shall regularly establish fees or charges for the cost of disposing
of certain items or load quantities in the transfer and recycling
facility and shall make such fees or charges known to the residents
and owners of the Town. All such fees and charges are due and payable
to the Town at the time of or prior to the disposal of the items or
loads generating the fees or charges.
[Added 1-13-2014 by L.L.
No. 1-2014]
H.
Should
anyone dispose of any item or load quantity without paying a corresponding
fee or charge that the Town Board established, such person shall present
his or her driver’s license or other photo identification at
the time of such disposal to the Director or to any Town employee
working at the transfer and recycling facility. The Town will send
at least one written notice to the person at the address listed on
the photo identification demanding payment of the applicable fee or
charge, plus an administrative charge of the greater of $10 or 50%
of the fee or charge owed. If the person is a resident of a property
within the Town of South Bristol but not an owner of that property,
then the Town shall also send of copy of such notice to the owner
of such property, as shown on the latest assessment roll, informing
such owner that such charge or charges shall constitute a lien and
charge on such real property until paid or otherwise satisfied or
discharged and shall be collected and enforced in the same manner
and at the same time as other Town taxes and charges.
[Added 1-13-2014 by L.L.
No. 1-2014]
I.
Should the person to whom the Town sent the notice required by Subsection H herein be a resident or owner, and should such person fail to pay the fee or charge plus the administrative charge demanded within 30 days of the date of such written notice, then the Director shall certify such amounts to the Town Supervisor and such certified amount shall thereupon be charged and assessed against the owner, tenant or occupant of the property that was the subject of the violation. The expense, so assessed, shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected and enforced in the same manner and at the same time as other Town taxes and charges.
[Added 1-13-2014 by L.L.
No. 1-2014]
J.
Should the person to whom the Town sent the notice required by Subsection H herein be neither a resident nor an owner, and should such person fail to pay the fee or charge plus the administrative charge demanded within 30 days of the date of such written notice, then the Director or the Town of South Bristol Code Enforcement Officer may proceed in accordance with § 146-10 of this chapter.
[Added 1-13-2014 by L.L.
No. 1-2014]
No person shall deposit solid waste or other
substance in collection containers belonging to, or under the control
of, any other person without the consent of said person.
No person shall deposit solid waste or recyclables
in the solid waste facilities of the Town of South Bristol, nor shall
any person engage in the commercial or municipal collection and transportation
of solid waste or recyclables within the Town without a permit issued
by the Town. The Town shall require, as a condition of the issuance
and continued possession of such permit, that the permittee is in
compliance with this chapter. Permits may be revoked by the Town upon
reasonable grounds, including but not limited to violations of this
chapter.
[Added 10-10-1994 by L.L. No. 1-1994; amended 1-14-2013 by L.L. No.
2-2013]
A.
Any person, corporation, limited liability company, partnership or
other legal entity who or which shall violate any of the provisions
of this chapter shall be guilty of a violation.
B.
The penalties upon a conviction of violating any of the provisions
of this chapter shall be a fine not exceeding $250, except for corporations,
limited liability companies, partnerships and other business entities,
which shall be subject to a fine not exceeding $500.
[Amended 6-14-2021 by L.L. No. 3-2021]
C.
The Town Board may also maintain a civil action or proceeding in
the name of the Town in a court of competent jurisdiction to compel
compliance with the terms and provisions of this chapter, to restrain
by injunction the violation of this chapter and/or to seek civil damages
for the violation of terms and provisions of this chapter. Any person,
corporation, limited liability company, partnership or other legal
entity found to have violated any term or provision of this chapter
in a civil proceeding shall be subject to a civil fine not exceeding
$1,000 per occurrence.
[Added 1-14-2013 by L.L. No. 2-2013]
The Director or the Town of South Bristol Code Enforcement Officer
is permitted to issue appearance tickets regarding violations of this
chapter and to take any other action necessary to prosecute a violation
of this chapter or otherwise enforce this chapter.
