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:
ALUMINUM
Pure aluminum in any form, including, but not limited to,
cans, cooking utensils, aluminum foil and lawn furniture.
BOARD
The Board of Trustees of the Village of Depew, New York.
BULK ITEMS
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.
CONSTRUCTION DEBRIS
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.
DISPOSAL FACILITY
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.
ESTABLISHMENT
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.
GARBAGE
Kitchen and house refuse and table cleanings, fruit and vegetable
parings, decaying vegetable, animal and fruit matter and fallen fruit.
GARBAGE TOTES
Refers to that ninety-five-gallon container available from
and/or provided for by the Village of Depew.
HAZARDOUS SUBSTANCE
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.
NEWSPAPERS
Newsprint, not including glossy magazines or materials.
NONRESIDENTIAL UNIT
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]
PERSON
One or more individuals or any partnership, corporation,
firm, association, trust, estate or governmental entity and any other
entity whatsoever.
PRIVATE CARRIER
A contractor providing collection of solid waste services
in the Village.
RECYCLABLE COLLECTOR
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.
RECYCLING TOTES
Refers to that sixty-five-gallon container available from
and/or provided for by the Village of Depew.
RECYCLABLE MATERIALS
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.
REFUSE
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.
RESIDENCE
A building or parcel of land having no more than one dwelling
units.
RESIDENT
A person residing in a residence.
RESIDENTIAL UNITS
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]
RUBBISH
A.
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.
B.
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.
C.
Metal (pure aluminum, copper, stainless steel or brass).
D.
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.
RUBBLE
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.
SMALL COMMERCIAL UNITS
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]
[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.
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.
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.
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.
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.
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.