[HISTORY: Adopted by the Town Board of the Town of Webb 10-9-2001 by L.L. No.
3-2001; amended in its entirety at time of adoption
of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments
noted where applicable.]
This chapter shall be known as the "Solid Waste Local Law."
The Town of Webb accepts the mandate of the County of Herkimer,
the Oneida-Herkimer Solid Waste Management Authority and the State
of New York to provide for the regular and reliable collection of
solid waste and recyclable material and to participate in the integrated
program for the appropriate disposal of such waste and materials consistent
with the current laws and regulations.
This compulsory program is designed to dispose of all solid
waste and/or recyclable material in an appropriate and acceptable
manner. No person, persons or organizations will be exempt from participating
in the program.
As used in this chapter, the following terms shall have the
following meanings:
The Oneida-Herkimer Solid Waste Management Authority.
The Town Board of the Town of Webb.
Waste resulting from construction, remodeling, repair and
demolition of structures, road building and land clearing. Such wastes
are not limited to bricks, concrete, stones, road spoils, paving material,
lumber, shingles, drywall, insulation material and tree and brush
stumps.
The County of Herkimer.
Putrescible waste, both animal and vegetable, resulting from
the handling, storage, sale, preparation, cooking and/or serving of
foods. Household garbage originates primarily in home kitchens, stores,
markets, restaurants and other places where food is stored, prepared
or served.
Grass clippings, leaves, cuttings, weeds and other debris
from tree and shrubbery trimming.
Includes pesticides, pesticide residue and all containers
containing the same, used motor oil, automobile batteries, paint,
tar, and chemicals, waste, oil or other materials determined by the
Authority or Superintendent to be hazardous.
As defined in 6 NYCRR Part 360, as amended.
All other large and/or bulky articles used in the home and
which equip it for living (such as chairs, sofas, tables, beds, carpets,
etc.).
Large and/or bulky household mechanisms (such as refrigerator,
washer, dryer, stove, etc.) ordinarily operated by gas or electric
current.
Any material which, under any applicable law, is not hazardous
and which may be separated from the waste stream and held for its
material recycling or reuse value.
Any material designated, from time to time, by the county
or the Authority pursuant to contract with the county which, under
any applicable law or regulation, is not hazardous and which is separated
from the waste stream and held for its material recycling or reuse
value.
All putrescible and nonputrescible solid wastes, including,
but not limited to, material or substances discarded or rejected as
being spent, useless, worthless, or in excess to the owners at the
time of such discard or rejection or being accumulated, stored or
physically, chemically or biologically treated prior to being discarded
or rejected, having served their intended use, or as manufacturing
by-products, including, but not limited to, garbage, refuse, industrial,
commercial and agricultural waste, sludge from air or water pollution
control facilities or water supply treatment facilities, rubbish,
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,[1] as amended, or waste which appears on the list or satisfies
the characteristics of hazardous waste promulgated by the Commissioner
of Environmental Conservation.
The segregation of recyclable materials from the solid waste
stream at the point of generation for separate collection, sale or
other disposition.
The Town of Webb Department of Public Works Superintendent.
Tires from cars and trucks, and their casings.
[1]
Editor's Note: See 42 U.S.C. § 2011 et seq.
No person shall dispose of garbage, rubbish, trash or recyclables,
except pursuant to the following regulations:
A.
All garbage, trash and refuse shall be placed in clear, transparent
plastic bags, not exceeding 40 pounds in weight or 40 gallons in capacity.
B.
Recyclable materials, as designated by the Authority, shall be separated
in accordance with Authority regulations and be placed in recyclable
bins approved by the Authority.
C.
All garbage bags and recyclable bins shall be placed alongside the
curb or roadside, not earlier than 6:00 a.m. on the morning of the
scheduled pickup.
D.
Prior to placing the bags or bins at the curb or roadside, all of
the waste shall be source-separated and packaged in accordance with
the regulations established by the Authority and the Superintendent.
E.
All bags, bins, garbage and recyclable material not picked up or
collected shall be removed from the curb or roadside area prior to
6:00 p.m. on the day of collection. The Town of Webb will not pick
up unbagged garbage lying on the ground, whether or not caused by
animals, birds or any other causes.
F.
The Town of Webb will not pick up any unbagged garbage or recyclable
material not in bins. Any garbage or debris left lying on the ground,
whether caused by animals, birds or other cause, shall be the responsibility
of the property owner.
A.
Garbage and recyclable materials shall be collected at the curb or
roadside once a week, according to a schedule to be established by
the Superintendent.
B.
Major appliances, large household furnishings and vehicular tires
may be delivered to the transfer station operated by the Town of Webb
on at least two days a year, as established by the Superintendent.
C.
Construction and demolition debris shall be deemed the responsibility
of the contractor or property owner and may be delivered to the Authority's
material recovery facility in Utica, New York.
D.
Green waste shall be deemed to be the responsibility of the contractor
or property owner and may be delivered to the Authority's material
recovery facility in Utica, New York.
E.
No hazardous or infectious wastes or materials shall be collected
by the Town.
The property owner or lessee of any property, with the permission
of the Superintendent, may use a dumpster to collect or accumulate
garbage, and the Town will collect the garbage from the dumpster upon
the following conditions:
A.
The property owner or lessee must source-separate as required by
this chapter.
B.
No dumpster shall be located in or on a public right-of-way. Dumpsters
shall be set back a minimum of 20 feet from any road or right-of-way
and a minimum of one foot from any property line.
C.
Where possible, the dumpsters shall be enclosed by a solid fence,
hedge, shrubbery or the like.
D.
The property owner must maintain a minimum of three feet of clear
space around the dumpster. Plowing and/or shoveling of snow around
and on top of the dumpster is the responsibility of the owner, not
the Town. Snow must be removed around the gates and enclosures so
that there can be access to the dumpster.
E.
The Board may require removal of any dumpster deemed to be unsightly,
a public nuisance or not properly cleaned or maintained or a threat
to public health on three days' notice to the users thereof.
A.
No person shall place, throw or deposit, or cause to be placed, thrown
or deposited, any garbage, solid waste, refuse, recyclables, papers,
trash, hazardous or infectious waste or other material, the collection
and disposal of which is regulated by this chapter, upon any sidewalk,
street, alley, lane, gutter or any public ground in the Town of Webb
or into any stream or upon the banks of any stream running through
or adjacent to said Town.
B.
No person shall place, throw or deposit, or cause to be placed, thrown
or deposited, any garbage, solid waste, refuse, recyclables, papers,
trash, hazardous or infectious waste or other material, the collection
and disposal of which is regulated by this chapter, upon the private
property of another person.
C.
No person shall bury or burn, or cause to be buried or burned, any
garbage, solid waste, refuse, recyclables, papers, trash, hazardous
or infectious waste or other material, the collection and disposal
of which is regulated by this chapter, within the Town limits, unless
authorized to do so in writing by the appropriate public authorities.
D.
No person shall bring in, place or deposit, or cause to be brought
into, placed or deposited, in the Town any garbage, solid waste, refuse,
recyclables, papers, trash, hazardous or infectious waste or other
material, the collection and disposal of which is regulated by this
chapter, originating outside the Town for the purpose of disposing
of the same in the Town or for the purpose of having the same collected
by the Town or its agents or contractors.
E.
No person who is a resident of the Town, or owner, lessee or person
in control of real property within the Town, shall permit any person
to bring in, place or deposit garbage, solid waste, refuse, recyclables,
papers, trash, hazardous or infectious waste or other material, the
collection and disposable of which is regulated by this chapter, originating
outside the Town on any real property owned or leased by him or her
or under his or her control.
F.
No person shall dispose of garbage or recyclables originating within
the Town, except in accordance with the procedures set forth in this
chapter, in front of the person's property where he or she resides,
and no person shall dispose of any garbage, solid waste, refuse, recyclables,
papers, trash, hazardous or infectious waste or other material, the
collection and disposal of which is regulated by this chapter, on
another's property, public property or in any public receptacle.
A.
In the case of a single residence, it shall be presumed that the
occupant or person in charge is responsible for compliance with this
chapter.
B.
In the case of commercial or industrial properties, it shall be presumed
that the occupant or person in charge is responsible for compliance
with this chapter.
C.
In the case of multiple residences, it shall be presumed that the
occupant or person in charge is responsible for compliance with this
chapter.
A.
Any person who shall violate any provision of this chapter shall
be punished as follows:
(1)
For
conviction of a first violation, by a fine of not less than $100 nor
more than $250 or imprisonment for a period not to exceed 15 days,
or both such fine and imprisonment;
(2)
For
conviction of a second violation, both of which were committed within
a period of one year, by a fine of not less than $500 nor more than
$1,000 or imprisonment for a period not to exceed 15 days, or both
such fine and imprisonment;
(3)
For
conviction of a third or subsequent violation, all of which were committed
within a period of one year, by a fine of not less than $1,000 nor
more than $2,000 or imprisonment for a period not to exceed 15 days,
or both such fine and imprisonment.
B.
Each violation shall be a separate and distinct offense, and, in
the case of a continuing violation, each day's continuance thereof
shall be deemed a separate and distinct violation.
