Town of LeRoy, NY Article I Transfer Station and Refuse Area

[Adopted 2-12-1980 by L.L. No. 1-1980; amended in its entirety 9-25-1989 by L.L. No. 1-1989]

§ 122-1 Title.

A. Title. This is an article to govern the establishment, use, operation and maintenance of a transfer station and a refuse area in the Town of LeRoy, Genesee County, New York.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. Short title. This article shall be known as and may be cited as the "LeRoy Refuse Law."

§ 122-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

COLLECTOR

Any person, firm or corporation disposing of refuse from more than one residence, commercial establishment or industry, whether or not a fee is given or received for such service.

COMMERCIAL

Any business establishment, whether wholesale or retail, but not including apartments.

INDUSTRIAL

Any establishment which engages in manufacturing or assembling of products for resale.

REFUSE AREA

An area owned and operated by the Town of LeRoy, whether located on Neid Road or at any other location, for the proper disposal of metals, appliances, building demolition debris and other similar items.

RESIDENTIAL

A single household, including apartments.

TRANSFER STATION

A facility owned and operated by the Town of LeRoy for the proper handling of garbage, refuse and debris and the receiving, temporary storage and removal thereof.

TRANSFER STATION CUSTODIAN

That person appointed by the Town Board who shall have overall supervision of and authority over the operation and maintenance of both the transfer station area or areas and the refuse area or areas.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 122-3 Use by residents; permit and fee.

A. The transfer station and refuse area shall be available to the residents of the entire Town of LeRoy, including the Village of LeRoy, for disposal of garbage and other refuse.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. The Town Board shall, through the Town Clerk, issue permits to residents for the use of the landfill and the refuse area upon payment to it of such fee or fees as may from time to time be established by resolution of the Town Board.

§ 122-4 Fees for residential users.

A. The Town Board shall by resolution establish fees for use by residential users.

B. All fees shall be payable in advance at the office of said Town Clerk.

§ 122-5 Hours of operation.

A. The transfer station shall be open on Saturdays during such hours as the Town Board may from time to time establish by resolution.

B. The refuse area shall be open on Saturdays during such hours as the Town Board may from time to time establish by resolution. The Town Board shall by resolution close said area during the winter months.

C. The Transfer Station Custodian shall have the authority to close said refuse area for a period not to exceed two weeks in the event that snow, rain or other event shall make such refuse area impractical to operate safely. The Transfer Station Custodian's judgment shall be reversible only by resolution of the Town Board at a duly called meeting thereof.

§ 122-6 Special permits; fee.

Any person, firm or corporation wishing to deposit items or substances in the refuse area at a time when said area is not open to the public may make application to the Town Clerk for a special permit. Such application shall set forth the reason for the application, the dates and times items or substances are to be deposited, a description of the trucks or other vehicles to be used to transport the items or substances, the exact nature or composition of the items or substances and, if the substance is to be in containers, a description of the containers. Such application shall be submitted to said Town Clerk together with a fee as established by resolution of the Town Board for each day or part thereof during which said items or substances are to be deposited. Such application shall be reviewed by the Transfer Station Custodian and a permit issued only after he has approved the application with such conditions as he shall reasonably impose.

§ 122-7 Promulgation of rules and regulations.

The Town Board may by resolution establish appropriate fees for the disposal of garbage, refuse and debris at the transfer station and refuse area and rules and regulations governing the same.

§ 122-8 Use regulations.

A. No vehicle shall be allowed to enter the refuse area or transfer station unless a proper permit is displayed thereon.

B. No permittee shall be allowed to deposit any refuse, garbage or other substance in said transfer station which originated outside of the Town of LeRoy.

C. No permittee shall be allowed to deposit in said transfer station or said refuse area any substance, article or item which is not specifically permitted to be deposited in such area pursuant to any federal, state or local rule, regulation or law, and, further, no such substance, article or item shall be deposited which would in any way violate any permit or license granted to the Town by the New York State Department of Environmental Conservation and/or the Federal Environmental Protection Agency for the operation of said landfill or refuse area.

D. No refuse, garbage or other substance shall be deposited in said refuse area or landfill except during such hours as they may be open to the public, except under special permits granted under § 122-6 above.

E. No person shall be allowed to remove any refuse or other item deposited, except by contract with the Town Board.

§ 122-9 Penalties for offenses.

A. Any violation of this chapter shall be deemed a violation punishable by a fine of up to $250 or by imprisonment for a period not to exceed 15 days, or both.

B. In addition, any permittee found guilty of such violation shall have such permit revoked for a period of up to six months for a first violation, up to one year for a second violation and up to two years for a third or subsequent violation.