[HISTORY: Adopted by the Board of Trustees
of the Village of Depew 5-13-2013 by L.L. No. 3-2013.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Open burning — See Ch. 55.
Composting facilities – See Ch. 88.
Dumping — See Ch. 94.
Sewer use — See Ch. 187.
Abandoned vehicles — See Ch. 236.
[1]
Editor's Note: This local law also superseded former Ch. 198, Solid Waste, which was comprised of Art. I, Garbage Disposal, adopted 12-27-1971 by L.L. No. 2-1971 as Ch. 62 of the 1971 Code, as amended; Art. II, Recycling, adopted 8-10-1992 by L.L. No. 4-1992; Art. III, Dumpsters and Roll-Off Containers, the adoption information of which could not be determined from the 1971 Code; Art. IV, Toxic or Hazardous Waste Transfer Stations, adopted 2-9-2004 by L.L. No. 1-2004; and Art. V, Waste Containers; Vector Control, adopted 5-12-2008 by L.L. No. 3-2008.
The Board of Trustees of the Village of Depew and/or their designated
representative shall have the responsibility for the operation and
for the collection of disposal of refuse. The Board of Trustees and/or
designated representative are hereby empowered to make and publish
regulations implementing this article concerning such matters relating
to the storage and collection of garbage and rubbish, the location
of refuse containers and totes and all other matters relating to the
storage, collection and disposal of which he/she deems advisable,
provided that such regulations are not contrary to the provisions
of this article.
As used in this article, the following terms shall have the
meanings indicated:
Pure aluminum in any form, including, but not limited to,
cans, cooking utensils, aluminum foil and lawn furniture.
The Board of Trustees of the Village of Depew, New York.
Large items and materials, including furniture other than
aluminum yard furniture; house furnishings; large appliances, such
as refrigerators, stoves, washing machines and clothes dryers; and
automobile or other motor vehicle tires.
Tree branches not exceeding two inches in diameter, twigs
and shrubs, hedge clippings, grass and leaves.
Discarded building materials, concrete, stones, earth from
excavations or grading, and all other refuse matter resulting from
the erection, repair or demolition of buildings, structures or other
improvements of property.
Cardboard shipping containers.
Any solid waste management plant or site owned and operated
by the Village or permitted to receive solid waste originating from
within the Village of Depew.
The owner, agent, landlord, tenant or occupant of commercial,
industrial and institutional facilities. Establishments which contract
for the private collection of refuse are excluded from the program.
Kitchen and house refuse and table cleanings, fruit and vegetable
parings, decaying vegetable, animal and fruit matter and fallen fruit.
Refers to that ninety-five-gallon container available from
and/or provided for by the Village of Depew.
Any hazardous or toxic substance material or waste which
is or becomes regulated by any local or state governmental authority
or the United States Government.
Waste generated by manufacturing or industrial process.
A building or parcel of land having three or more dwelling
units.
Newsprint, not including glossy magazines or materials.
Premises, or a portion thereof, used for business or commercial
enterprise or a governmental use or institutional use or a building
containing more than four units.
[Amended 3-11-2019 by L.L. No. 3-2019]
One or more individuals or any partnership, corporation,
firm, association, trust, estate or governmental entity and any other
entity whatsoever.
A contractor providing collection of solid waste services
in the Village.
A contractor under contract with the Village of Depew to
provide collection of recyclables subject to the terms and conditions
of said contract with the Village of Depew, New York.
Refers to that sixty-five-gallon container available from
and/or provided for by the Village of Depew.
Clear, brown and green glass bottles, jugs, and jars; newspapers
and other mixed papers; tin cans; and high-density polyethelyne (HDPE)
containers, such as those used for milk, oil, detergents, apple cider,
etc. Recyclable materials does not include plate glass, broken glass,
window glass, or any other type of glass not specified in this definition,
copper, stainless steel, and brass, or recyclable materials unsuitable
for recycling because of secondary household use. Clean and clear
glass containers and bottles with metal rims removed, newspapers,
plastic containers and tin cans.
The rubbish and recyclable materials resulting from the normal
day-to day operation of a household or business. Refuse may be generated
by a household, a business establishment, or a public or quasi-public
facility. "Refuse" does not include rubble, bulk items, industrial
waste, collectable yard waste or any other materials not covered under
this definition.
A building or parcel of land having no more than one dwelling
units.
A person residing in a residence.
One or more rooms designed for occupancy by one family for
cooking, living and sleeping purposes, in a building with no more
than four separate such units. This shall apply to those units that
contain only one building on a single tax parcel.
[Added 3-11-2019 by L.L. No. 3-2019]
Food wastes, including, but not limited to, table cleanings;
fruit, vegetable and animal parings and scraps; decaying or spoiled
vegetable, animal and fruit matter; and fallen fruit.
Any paper, plastic, cardboard or other materials used to wrap,
cover or contain food, other than certain HDPE or glass containers
defined in this section as recyclable materials, and any other household
waste resulting from the use, consumption and preparation of food.
Metal (pure aluminum, copper, stainless steel or brass).
Miscellaneous waste material, including rags, drugs, health
aids and material (other than infectious wastes), sweepings, excelsior,
rubber, leather, cloth, clothing, magazines, paper (other than newspapers),
waste materials from normal maintenance and repair activities, pasteboard,
crockery, shells, dirt, filth, ashes, wood, glass (other than certain
glass bottles defined in this section as recyclable wastes), brick
and other similar waste materials. "Rubbish" does not include recyclable
materials, bulk items, rubble, or any other material not covered under
this definition.
Waste material typically resulting from construction, demolition
and major renovation activities, including, but not limited to, waste
cement, concrete, masonry, bricks, tiles, Sheetrock, plaster, shingles,
lumber, telephone poles, railroad ties, wooden pallets, doors and
door frames, windows and window frames and similar material.
For purposes of solid waste disposal, a "small commercial
unit" shall be those businesses in the Village which have wastes in
similar quantities and types as a residential unit.
[Added 3-11-2019 by L.L. No. 3-2019]
Garbage and rubbish.[1]
[1]
Editor’s Note: The former definition of “Unit,”
which immediately followed, was repealed 3-11-2019 by L.L. No. 3-2019.
See now the definition of “Residential Units.”
[Amended 3-11-2019 by L.L. No. 3-2019]
A.
Recycling totes shall be sixty-five- or ninety-five-gallon wheeled
carts designated by a green lid or other color as determined by the
Village.
B.
Garbage totes shall be sixty-five- or ninety-five-gallon wheeled
carts designated by a black lid or other color as determined by the
Village.
C.
All totes shall be purchased directly through the Village, at a cost
to be determined by the Village of Depew. Upon payment of the totes
cost or fee by the residential unit or the small commercial unit,
the totes shall become the property of the unit purchaser.
D.
Only residential units and small commercial units are entitled to
purchase totes to be used by the Village contracted garbage collector.
All residential units and small commercial units shall be entitled
to own from one to three garbage totes and/or one to two recycling
totes but in no case shall a residential or commercial unit own more
than four total totes.
No person shall place or store construction debris with garbage
or rubbish. The person creating construction debris shall remove same
and dispose of same in a sanitary manner.
No person other than an authorized employee or agent of the
Village of Depew shall disturb or remove any garbage or rubbish placed
by the owner, tenant or occupant of any premises in the Village on
their premises or in front of same for removal thereof unless authorized
by said owner, tenant or occupant.
A.
No person shall cart to dump or deposit garbage or rubbish or construction
debris upon any property in the Village except under the authorization,
supervision and direction of the Code Enforcement Officer.
B.
Dumping of garbage and waste material collected from outside the
boundaries of the Village of Depew by a private garbage disposal concern
or establishment, or the storage of such garbage and waste material
at a transfer station, is hereby prohibited.
C.
Enforcement of this article shall be delegated to the Code Enforcement
Officer of the Village of Depew.
D.
Any person found guilty of the violation of this section shall be subject to penalties imposed by § 198-14.
E.
It shall be unlawful for any person to cart, dump, or dispose of
garbage, rubbish, or construction debris onto any dumpsters that are
not on said individual's property.
A.
No person, individual, firm, partnership, corporation, municipality,
association, society, or group shall transport garbage or rubbish
on the streets or highways in the Village of Depew unless it is contained
in a garbage packer truck or in a metal box or vessel so constructed
as to prevent the escape of any such garbage or rubbish therefrom.
B.
Any open-body trucks that are transporting rubbish or trash or construction
debris must have the containers thereof securely covered with a canvas
or similar type covering to prevent said debris from falling or blowing
out of said vehicle or in anyway becoming distributed upon or along
private property or public highways, roadways, streets, or thoroughfares
in the Village of Depew.
The Code Enforcement Officer or any other person hereinafter
authorized by the Board of Trustees of the Village of Depew are hereby
designated as the enforcing officers of this article.
A.
No person shall place, deposit or store any refuse on or in any street,
highway, avenue, drain, ditch, watercourse, or body of water or any
public place within the Village of Depew, except in containers provided
for such purpose by the Village of Depew, and in no event upon the
premises of another except with the consent of the owner or occupant
thereof.
B.
A person is responsible for disposal of any refuse on premises not
served by the Village of Depew or for refuse not acceptable for collection
and disposal of such refuse.
C.
In the event of a violation of any of the provisions of this section,
which shall, in the opinion of the Code Enforcement Officer and/or
the assigned designee, be a hazard to the health, safety or well-being
of the community, a notice directed to the owner of the premises upon
which such violation occurs may be served, either personally or by
posting the same on said premises, directing the removal of all material
upon the premises in violation of this section within 24 hours from
the date of service or posting or said notice, the Village of Depew
Department of Public Works may enter upon the premises, remove said
material and charge the entire cost of said removal against the premises,
and said charge shall also be a lien upon said premises.
D.
Commercial properties shall include businesses disposing of collectible
items so long as the same are placed in accepted containers.
The following refuse shall not be considered acceptable for
collection by the Village of Depew:
A.
Materials resulting from the repair, construction, alteration or
excavation of buildings or structures, streets or sidewalks, such
as plaster, mortar, concrete bricks, lath and roofing materials.
B.
Dangerous materials or substances, such as poisons, acid-caustics,
infected materials, explosives, ashes and dioxin and radioactive material.
C.
Materials which have not been prepared in accordance with the provisions
of this article.
D.
Solid wastes resulting from industrial processes.
E.
Brush and tree limbs.
F.
Tires.
Garbage and refuse shall be collected once a week. Recyclables
shall be collected every two weeks. This schedule of collection may
be subject to change upon at the direction of the Board of Trustees
and the private contractor authorized to collect garbage, rubbish
and recycling materials in the Village of Depew.
If the provisions of the foregoing sections are not complied
with, the Code Enforcement Officer and/or the assigned designee shall
serve written notice, either personally or by mail, upon the owner,
lessee or occupant or any person having the care or control of any
such lot of land to comply with the provisions of this article. If
the person upon whom the notice is served fails, neglects, or refuses
to cut, remove or cause to be cut and removed such weeds, grass, vegetation
or rubbish within five days after receipt of such notice or if no
person can be found in the Village of Depew who either represents
or claims to represent such owner, the Code Enforcement Officer may,
following approval of the Board of Trustees and/or the Village Administrator,
cause such weeds, grass, vegetation or rubbish on such land to be
removed and the actual costs in connection therewith shall be certified
by the Code Enforcement Officer as to the property on which such weeds,
grass, vegetation or rubbish were located and shall be added to and
become and form part of the taxes next to be assessed and levied upon
such lot or land and shall bear interest at the same rate as taxes
and shall be collected and enforced by the same officers in the same
manner as taxes.
Any person committing an offense against of the provisions of
this article shall be guilty of a violation under the Penal Law and
upon conviction thereof, shall be punishable by a fine of not more
than $250 or by imprisonment for not more than 15 days, or both. Each
day of continued violation shall constitute a separate additional
violation.
A.
A "solid waste transfer station," as those terms are defined in the
Environmental Conservation Law of the State of New York and in the
rules and regulations adopted and promulgated by the Department of
Environmental Conservation, provided that satisfactory proof is presented
to the Village Board of compliance with any and all requirements of
Article 27 of the Environmental Conservation Law of the State of New
York relating to the collection, treatment and disposal of refuse
and solid waste, may be constructed in only M-2 Zoning Districts.
B.
Landfill sites are restricted in the boundaries of the Village of
Depew in M-2 Districts only.
C.
The Village Board shall prescribe any conditions that it deems necessary
or desirable and shall require a site plan of the proposed development
showing pertinent information to aid them in making a determination
on the application for any transfer station or landfill site.
D.
Before authorizing a special permit, the Village Board shall give
public notice and hold a public hearing on the application for such
special permit in the same manner as required by law for amendments
to a zoning ordinance. In case of a protest against such special permit
by the owners of 20% or more immediately adjacent to the land directly
opposite thereto, and land extending 100 feet from the street frontage
of such opposite land, such permit shall not authorized except by
the favorable vote of at least five members of the Village Board.
E.
A special permit shall be deemed to authorize only the particular
use or uses specified in the permit and shall only apply to the area
specified in the permit. A special permit shall expire if the special
use or uses shall cease for more than year for any reason.
F.
"Refuse" shall include waste metal, metal cans, glass, tires, rubbish,
waste construction materials, and other discarded substances of a
solid or incombustible nature other than garbage.
G.
"Garbage" shall include waste food, dead animal matter, vegetable
matter, or any other which shall be capable of fermentation or decay,
or which shall give off a noxious or disagreeable odor or gas. The
word "garbage" as defined and applied in this article shall not include
customary agricultural or gardening waste or matter.
This article shall be known the "Recycling Local Law of the
Village of Depew," and such legislation is a mandatory recycling law
affecting the entire Village of Depew, New York.
It is the goal of the Village of Depew to facilitate the disposal
of solid waste generated within the Village in the most economically
and environmentally acceptable manner and to reduce the total amount
of solid waste disposed of in the Village. It is the purpose of this
article to establish a source-separation and recyclables collection
program within the Village to reach the goal of the most feasible
recycling of the Village waste stream, considering costs, marketability
of recyclables and public involvement. It is hereby found and determined
that, in order to ensure the greatest public involvement and to assist
the Village in complying with the mandates of the New York State Solid
Waste Management Act of 1988, such a program must be made mandatory.
This program is further designed to protect the health, safety and
general welfare of the Village of Depew, New York.
A.
The Village shall provide for the collection and disposal of solid
waste. Governmental and institutional buildings must contract directly
with the Village contractor or a contractor of their own choice for
collection.
B.
The Village of Depew will not collect tree parts produced by commercial
contractors nor building materials as a result of a private contractor
doing work, and these items must be removed from the premises by the
commercial contractor or by the owner of the premises.
C.
The ownership of recyclable materials which have been placed at the
curb for collection in accordance with this article shall vest in
the Village of Depew. It shall be unlawful and a violation of this
article for any person without authority from the Village, to collect,
pick up, remove, or cause to be collected, picked up, or removed any
recyclable materials.
A.
The Board shall be responsible for collecting or causing the collection
of, on a regular basis, only those waste materials which constitute
refuse generated by a residence or establishment within the Village
of Depew.
B.
The Board shall also be responsible for collecting or causing the
collection of any additional waste materials generated by residences
which the Village may announce will be collected on particular days
or during particular time periods. These additional waste materials
may include, for example, bulk items, trees, tree stumps, and large
branches. The Board shall be responsible for collecting or causing
the collection of any such waste materials only on the or during the
time periods announced by the Board.
C.
The Board shall not be responsible for collecting any waste materials
which have been placed or prepared in ways that do not comply with
all the provisions of this article. In particular, the Board shall
not be responsible for collecting waste materials consisting of waste
recyclable and nonrecyclable materials mixed together, waste materials
not placed in the Village-provided container, or recyclable materials
which have not been placed or prepared in accordance with this article,
nor shall the Board be responsible for the collection of waste materials
generated other than from a residence or establishment of the Village
of Depew.
A.
No person shall cart to, dump, deposit or otherwise dispose of any
solid waste or recyclable materials upon any public highway, street,
or other public place or upon any private property except as provided
for in this article or under the direction of the Code Enforcement
Officer.
B.
No person shall dispose of vehicular tires for collection by the
Village. Provisions will be made for such matters of the residents
of the Village, to bring vehicular tires to the storage area of the
Public Works Department at hours promulgated by the Village Board
of Trustees and shall pay the sum of $3 per tire for disposal.
C.
No person shall place for collection for disposal any dangerous,
hazardous or chemically toxic waste that represents an imminent threat
to the safety or health of Village employees or their agents as defined
under the New York State Environmental Conservation Law and regulations
adopted pursuant thereto.
D.
No person shall deposit for collection and disposal any waste motor
oil, paints or solvents.
E.
No person shall deposit for collection and disposal any solid waste,
bulky waste or recyclable materials unless the same is in a receptacle
or bundled as required by this article, nor shall any persons deposit
for collection or disposal any solid waste that shall contain protruding
nails, glass or other sharp objects that may inflict bodily harm to
public workers or their agents.
F.
No person shall dispose of television sets and computers for collection
by the Village. Residents may bring them to the storage area of the
Department of Public Works located at 200 Rutherford, Depew, New York
14043, during hours promulgated by the Village Board of Trustees.
For the purpose of this section, "television" shall mean a cathode
ray tube, liquid crystal or plasma device for the reproduction of
video images.
G.
No person shall place refrigerators, freezers and/or air conditioners
at the curb for collection by the Village without first paying a disposal
fee in the amount of $15 per unit at the Village Clerk's Office,
during normal business hours, and affixing a copy of the receipt evidencing
the payment to any refrigerator, freezer or air conditioner placed
at the curb for disposal.
H.
Each unit shall also be permitted to leave a maximum of two large
items for pick up each week by the third-party private contractor.
I.
With respect to large green bags more commonly known as "waste management
bags" that are only picked up at the request of the owner, these bags
shall not be placed in the right of way or block any sidewalk and
shall be picked up no longer than seven days after they are put out
for collection. Any bags that remain over said time frame shall constitute
a violation of this article.
A.
Each person who places items at the curb for collection and disposal
by the Village of Depew shall separate solid waste from recyclable
materials and shall prepare the same for collection and disposal in
accordance with rules and regulations as prescribed by the private
contractor designated to collect same by the Village Board of Trustees.
B.
Recyclable materials shall be placed in the sixty-five-gallon container
and shall fit wholly in said container and shall be subject to the
rules and regulations as prescribed by the private contractor designated
to collect same by the Village Board of Trustees.
All empty recycle and garbage totes shall be removed from the
curb, sidewalk, alley or street where they have been placed as soon
as possible after collection and in the event, no later than 9:00
p.m. on the same day as collection. Empty recycle and garbage totes
remaining at or near the curb, sidewalk, alley or street on the day
after the day of collection may be picked up and impounded by the
Village of Depew.
When certain refuse and/or waste materials have not been collected
because those materials were not placed or prepared in accordance
with the provisions of this article, the person who placed such materials
for collection and the owner of the real property adjoining the curb,
sidewalk, alley or street where such waste materials were placed shall
remove those wastes from that location as soon as possible after the
collection has been refused and, in any event, by 9:00 p.m. on the
designated collection day. The failure to remove any uncollected waste
material by 9:00 p.m. on the designated collection day shall constitute
a violation of this article.
Whenever a person places refuse or other material at or near a curb, sidewalk, alley or street for collection without complying with all the provisions of this article or fails to comply with § 198-21, regarding placement and preparation of collectible materials, the Board may do either of the following:
A.
The Board may choose not to collect the refuse or any other waste
material. In such case, the Board shall notify the property owner
of the property from which such uncollected waste was generated, why
such material was not collected. Such notice shall be either verbal
or written, as the Board determines is appropriate, and shall be provided
within a reasonable time period after the collection of the material
has been rejected; or
B.
The Board may cause collection of the refuse or waste material to
be made, notwithstanding the fact that it does not comply with the
provisions of this article.
(1)
In such cases, the Board shall assess a special charge against the
owner of the property from which such waste material was generated.
Such special service charge shall be as set as a resolution of the
Board of Trustees.
(2)
Special service charges may be accumulated and shall be billed by
the Village of Depew. Any person subject to such charges may make
a written request for a hearing within 15 days after the date of the
bill for such charges. All hearings will be held on a date and time
and place determined by the Board. The hearing shall be informal and
shall be held before the Board or its designee. The decision of the
Board shall be final. Any service charges not paid within 30 days
after the Board's decision shall become a lien upon the real
property, superior to any other deed or claim, except the lien of
an existing tax/assessment or charge imposed by the Village of Depew.
From the time any person places any properly prepared recyclable
materials at or near any curb, sidewalk, alley or street for purposes
of collection, those recyclable materials shall become and be the
property of the Village of Depew or its authorized agent (i.e., its
recycling collector). No person who is not acting under the authority
of the Village or its authorized agent shall collect, pick up, remove
or cause to be collected, picked up or removed any recyclable materials
so placed for collection. Each such unauthorized collection, pickup
or removal shall constitute a separate violation of this article.
An exception herein is recognized for the person, resident or establishment
who or which elects to remove any such item from his/hers/its property.
Nothing in this article shall be deemed to prevent any person
from entering into a contractual agreement with a private waste hauler
for the removal of refuse and other waste materials generated by that
person or at property owned by that person.
The Board shall have authority to adopt whatever regulations
are consistent with this article and to continue to enforce any existing
regulations which are consistent therewith.
The Board, by resolution, may impose fees for the collection
of any refuse (other than recyclable materials), rubble, bulk items
or industrial waste. After any such fees are imposed, the manner of
implementation and collection shall be by the regulation of the Board,
not inconsistent with the terms of the resolution imposing such fees.
The declaration by a court of competent jurisdiction that any
section of this article is invalid, shall not invalidate the entire
article, but only that part thereof so declared to be invalid and
the remainder of said article shall remain in full force and effect.
It shall be the duty of the Village of Depew Code Enforcement
Officer and/or any other duly authorized official to administer and
enforce the provisions of this article.
This article shall take effect on May 13, 2013.
