A.
The reduction of the amount of solid waste and conservation of recyclable materials is an important public concern because of the increasing cost of solid waste collection and disposal and its impact on the environment. The separation and collection of recyclable materials serves the general public's interest in our Village by reducing the amount of solid waste and will otherwise comply with the Onondaga County Source Separation Law (Local Law No. 12 of 1989) and other applicable provisions of law. In 1988, in the interest of public health, safety and welfare and in order to conserve energy and natural resources, the State of New York enacted a New York State Solid Waste Management Act which established the following solid waste hierarchy: waste reduction, reuse, recycling and waste-to-energy (see New York Environmental Conservation Law § 27-0106), with land burial as a last resort only when reuse, recycling or waste-to-energy were unavailable. Section B-35 of the State Solid Waste Management Plan - 1997-1998 Update recommended that Onondaga County take immediate steps to develop environmentally acceptable facilities to manage the solid waste generated in the county. In December 1991, Onondaga County adopted a comprehensive solid waste management plan that was subsequently approved by the State Department of Environmental Conservation. The county plan, applicable to municipalities within the county, preferred waste-to-energy as a safe and sanitary alternative to the threat to the groundwater supply and other liabilities posed by the burying of such waste. Those reasons are further delineated in Section 5 of the aforementioned County Plan. Public Authorities Law § 2045-e, Subdivisions 7 and 8, allows the Onondaga County Resource Recovery Agency to contract with municipalities for the delivery of such waste and, in furtherance thereof, to process such solid waste. In compliance with both the state and county solid waste management plans, the Village of Camillus has determined that all solid waste, both residential and commercial, generated in our Village and destined for disposal in the State of New York, may not be disposed of at any place other than the approved disposal site designated by the Village Board in § 61-29 herein. The basis of that determination is set forth in a separate resolution previously adopted by the Board of Trustees.
B.
This article will also establish and refine regulations requiring
the licensing of municipal haulers and governing hauler services for
the collection and disposal of solid waste materials.
C.
This article shall not:
(1)
Regulate or otherwise restrict any disposal of solid waste generated
within the Village that is to be disposed of out-of-state or any handling
of recyclable materials separated from the rest of the solid waste
in accordance with Onondaga County's Source Separation Law; or
(2)
Regulate the price, route or service of any motor carrier with respect
to the transportation of property prohibited by the Federal Aviation
Administration Authorization Act of 1994, as amended (49 U.S.C. § 14501
et seq.).
As used in this article, the following definitions shall have
the meanings indicated:
The Onondaga County Resource Recovery Agency.
Any facility operated by or designated by the Agency. Agency
facilities include the Agency Transfer Stations at Ley Creek and Rock
Cut Road, Rock Cut Road Waste-to-Energy Facility, Agency Landfill
(when built), Agency yard waste composting facilities at Jamesville
and Amboy, construction and demolition processing facility at Ley
Creek and Agency-designated materials recovery facilities, and the
Town of Camillus construction/demolition landfill.
The Onondaga County Waste-to-Energy Facility on Rock Cut
Road in the Town of Onondaga.
Discarded building material, concrete, stones, earth from
excavations or grading and all other refuse material resulting from
the erection, repair or demolition of buildings, structures or other
improvements of property.
The County of Onondaga.
Those recyclables designated by the County of Onondaga and
the Onondaga County Resource Recovery Agency pursuant to Local Law
No. 12 of 1989, including the following:
CORRUGATED PAPERCardboard containers, boxes and packaging, including pizza boxes, which are cleaned of contamination by food wastes, or polystyrene commonly called "styrofoam," and which have been flattened for transport.
GLASSEmpty, washed glass jars, bottles and containers of clear, green and amber (brown) that contained food and drink, caps removed. This term excludes ceramic, window glass, auto glass, mirror and kitchenware.
METALFerrous and nonferrous metals, including steel, aluminum and composite cans and containers (cleaned of food wastes) and empty aerosol cans that did not contain hazardous material. Scrap metal, wire, pipes, tubing, motors, sheet metal, etc., are recyclable but must be recycled through scrap dealers.
NEWSPAPERS, MAGAZINES AND CATALOGSIncludes common machine-finished paper made chiefly from wood pulp used for printing newspapers, as well as glossy inserts, magazines and catalogs. All must be free of contaminants.
OFFICE PAPERAll bond paper and also computer printout, stationery, photocopy and ledger paper of any color from all waste generators. Paper should, if possible, be free of tape, adhesives, labels, rubber bands, paper clips, binders and other contaminants. This term excludes carbon paper, chemical transfer paper and Tyvek® or plastic coated envelopes.
PLASTICSAll HDPE and PET type plastic bottles (#1 and #2), including empty, washed food, beverage, detergent, bleach and hair-care containers with lids removed. This term excludes all photographic film, vinyl, rigid and foam plastic materials, as well as plastics numbered 3 through 7 and HOPE oil bottles, as well as #1 and #2 containers that are not bottles or contained hazardous material.
KRAFT PAPERAs found in brown paper bags and package wrapping.
BEVERAGE CARTONSIncludes gabled topped paper cartons that contained milk and juice products.
PAPERBOARDPaper packaging as found in cereal, cracker and tissue boxes, etc., and toilet tissue and paper towel tubes.
MIXED PAPERIncludes discarded and bulk mail, computer paper, colored paper, greeting cards, wrapping paper and carbonless multipart forms. Excludes any paper coated with foil or plastic.
That street curb immediately in front of the property from
which solid waste material and recyclables to be collected are generated
or, in the absence of an actual curb, that portion of the property
which is immediately adjacent to the street.
The use of collection receptacles for residential, commercial
and institutional solid waste generators and the regular periodic
pickup and transfer of the contents of such receptacles by a hauler
at the location of a waste generator.
A household residing in a dwelling of four units or less
and which is required to utilize recycling containers.
Any person, company or firm who engages in the collection,
transportation, disposal or delivery of solid waste within our Village.
Any waste (excluding household hazardous waste) which is
defined or regulated as a hazardous waste, toxic substance, hazardous
chemical substance or mixture, or asbestos (regulated waste) under
federal, state or local law, or under rules, regulations, policies
or guidelines issued in relation thereof, as they may be amended from
time to time, including, but not limited to:
The Resource Conservation and Recovery Act of 1976 (42 U.S.C.
§ 6901 et seq., as amended by the Hazardous and Solid Waste
Amendments of 1984) and the regulations contained in 40 CFR Parts
260 to 281;
The Toxic Substances Control Act (15 U.S.C. § 2601
et seq.) and the regulations contained in 40 CFR Parts 761 to 766;
The State Environmental Conservation Law (Title 9 of Article
27) and the regulations contained in 6 NYCRR Parts 370, 371, 372,
373 (Subpart 373-3);
Radioactive materials which are source, special nuclear or by-product
material as defined by the Atomic Energy Act of 1954 (42 U.S.C. § 2011
et seq.) and the regulations contained in 10 CFR Part 40; or
Any other material that by federal, state or local law, or under
rules, regulations, policies, guidelines or orders having the force
of law in relation thereto are regulated as harmful, toxic or hazardous
to health and ineligible for processing at the agency facility.
All other large and/or bulky articles actually used in the
home and which equip it for living such as chairs, sofas, tables,
beds or carpets.
Large and/or bulky household mechanism such as a refrigerator,
washer, dryer, stove, furnace or hot-water tank.
A private or public facility for receiving and processing
recyclables into marketable commodities.
Any solid waste which is generated in the diagnosis, treatment
or immunization of human beings or animals, in research pertaining
thereto, or in the production or testing of biologicals.
The license issued by the Village to a hauler as a prerequisite
to performing solid waste collection services within the Village's
municipal limits.
A natural person, association, partnership, firm, corporation,
limited liability company, trust, estate or governmental unit and
any other entity whatsoever.
Those recyclable materials, including county-designated recyclable
materials, which can be practically separated from nonrecyclable waste
for which reuse markets can be accessed for less than the cost of
disposal.
The blue bin or other container supplied by the Agency, county,
the Village or their designees for the use by eligible households
within the Village. Such containers shall be used exclusively for
the storage of county-designated recyclable materials. Such containers
shall at all times remain the property of the Agency.
The Onondaga County Source Separation Law, Local Law No.
12, adopted March 6, 1989, as subsequently amended.
Those medical wastes that have been listed in 6 NYCRR 364.9,
paragraph (c)(1), and that must be managed in accordance with the
requirements of that part.
All materials or substances discarded or rejected as being
spent, useless, worthless or in excess to the owners at the time of
such discard or rejection, including, but not limited to, garbage,
refuse, residential, governmental, commercial and/or light industrial
refuse but shall not include recyclables, yard and garden waste, human
wastes, rendering wastes, demolition wastes, residue from incinerators
or other destructive systems for processing waste (other than now
existing individual building incinerators, the residue from which
is presently collected as part of normal refuse collection practices),
junked automobiles, pathological, medical, toxic, explosive, radioactive
material or other waste material which, under existing or future federal,
state or local laws, requires special handling in its collection or
disposal.
The Onondaga County's Solid Waste Management System as operated
by the Onondaga County Resource Recovery Agency and every aspect thereof,
including, but not limited to, the Rock Cut Road Waste-to-Energy Facility,
Agency Landfill (when built), yard waste composting facilities at
Jamesville and Amboy, construction and demolition processing facility
at Ley Creek and the Rock Cut Road and Ley Creek Transfer Stations.
The Village of Camillus.
The Board of Trustees of the Village of Camillus.
The Clerk of the Village of Camillus.
Any person which produces solid waste requiring off-site
disposal.
Garden waste, leaves, grass clippings, weeds and brush.
It shall be a precondition of doing business as a hauler in
the Village that the person/firm intending to conduct such business
obtain a municipal hauler license and, if required by resolution of
the Village Board, a Village sticker. An application on a form approved
and provided by the Village must be submitted to the Village Code
Enforcement Office in which the person satisfactorily shall be bound
by the following provisions:
A.
The hauler will deliver all of the nonrecyclable solid waste (residential and commercial) it collects within the Village and destined for disposal in the State of New York to the approved disposal site specified in § 61-29 herein. It shall be unlawful to unload or deposit any solid waste hauled from any premises within the limits of the Village and destined for disposal in the State of New York at any place other than the approved disposal site specified by the Village in § 61-29 herein. Any hauler failing to dispose of said solid waste at the approved disposal site so designated shall be subject to having its license revoked.
B.
The hauler will supply a plan of operation for collection and transportation
which provides for a recycling plan as required by Onondaga County
Local Law No. 12 of 1989 as it applies to haulers, which it shall
adhere to and comply with. The hauler shall agree to provide for the
collection of county-designated recyclables in every waste hauler
disposal agreement, written or oral, as part of its standard service
and to include the cost of such collection in its standard waste collection
rates.
A.
If stickers are required, the hauler shall attach a municipal sticker,
which must be visibly and securely affixed, to the driver's side vent
window or upper part of the driver's side of the windshield of each
of the hauler vehicle in operation.
Municipal hauler licenses issued pursuant to this article shall
be effective for an annual term established by resolution of the Board
of Trustees.
The Village shall have the right to cancel any existing municipal
hauler license upon 30 days' written notice to the hauler if the Village
shall enact legislation establishing a new system for collection of
solid waste in the Village that is inconsistent with the continuation
of said license. The Village may revoke a municipal hauler license
upon the happening of any or a combination of any failure of the hauler
to comply with any provisions of the article. Prior to any such revocation,
the hauler shall be notified by the Village of an opportunity for
a hearing in the matter, which hearing shall be held not less than
five days after the hauler is notified in writing by the Village of
the pending license revocation and the charges against it. All hearings
shall be on a date and time and at a place determined by the Village.
The hearing shall be informal and held before the Village Mayor or
his/her designee. Compliance with technical rules of evidence shall
not be required, and the decision of the Village Mayor or his/her
designee shall be final.
The Village hereby adopts as its source-separation legislation,
required pursuant to the General Municipal Law § 120-aa,
the Onondaga County Source Separation Law (i.e., Local Law No. 12
of 1989), as adopted by the Onondaga County Legislature and subsequently
amended under its terms.
A.
No hauler shall dispose of county-designated recyclable materials
picked up in our Village as solid waste nor shall any hauler accept
county-designated recyclable materials for disposal as solid waste.
B.
Recycling containers shall at all times remain the property of the
Agency or Village, as the case may be, and are provided for the use
and convenience of eligible households in complying with this chapter.
No hauler shall:
(1)
Remove a recycling container from the Village;
(2)
Willfully destroy a recycling container;
(3)
Dispose of a recycling container other than by returning such container
to the Village at a designated location; or
(4)
Use a recycling container for other than the temporary storage of
county-designated recyclable materials.
Haulers shall not collect solid waste in the Village on Sundays,
Thanksgiving or Christmas.
A.
In consideration of the Village issuing a municipal hauler license
to an applicant, the applicant shall agree, upon the issuance of such
license to the applicant, that the applicant shall indemnify, hold
harmless and defend the Village and its officers and employees from
and against any and all claims, demands, losses, damages, costs, payments,
actions, recoveries, judgments and expenses of every kind, nature
and description, including without limitation all engineers' and attorneys'
fees, fines, penalties and cleanup costs resulting from any such claim,
etc., arising out of or connected in any way with the applicant's
acting as a hauler or the applicant's involvement or participation
in the collection, distribution or transportation of solid waste.
B.
The hauler, as a condition of obtaining a municipal hauler license,
shall provide and maintain the following insurance coverages at limits
to be set from time to time by resolution of the Village of Camillus
Village Board:
(1)
Liability (CGL) including property damage, bodily injury and contractual liability coverage for the indemnification provisions hereunder (at § 61-37A) of $1,000,000 per incident, $2,000,000 annual aggregate;
(2)
Automobile liability coverage for all owned, hired and nonowned vehicles
($1,000,000 per incident, $2,000,000 annual aggregate); and
(3)
Worker's compensation coverage.
C.
The public liability policy aforementioned shall name the Village
of Camillus as an additional insured.
D.
Each policy of insurance shall be endorsed to contain substantially
the following language: "The Village will be given 30 days' prior
written notification of any cancellation, nonrenewal or modification
of this policy which reduces coverage or limits at the office of the
Clerk of the Village of Camillus."
E.
Prior to the issuance of any municipal hauler license, the hauler
must provide to the Village Code Enforcement Office proof of such insurance coverage by endorsement
or unconditional certificate in a form approved by the Village Attorney.
Haulers shall not operate earlier than 6:00 a.m., nor later
than 8:00 p.m., or as otherwise restricted by the Village Code Enforcement
Officer in connection with issuance of a permit required hereunder
or under the Zoning Code of the Village of Camillus.[1]
Where certain solid waste, recyclables and/or other waste materials
were not collected because those materials were not placed or prepared
by the waste generator in accordance with the provisions of this chapter,
the person who placed such materials for collection and the owner
of the property adjoining the curb where such waste materials were
placed shall each be together and separately responsible for removing
those wastes from the location as soon as possible after the hauler
has refused collection and, in any event, by 6:00 p.m. on the designated
collection day.
The collection, removal and carrying of solid waste, recyclables
and/or material, and the transportation of solid waste, paper and
recyclables on any highway, street, alley or lane of the Village must
be done in covered vehicles. No hauler shall throw or scatter or cause
to be scattered or deposited or to escape from the vehicle any solid
waste or recyclables on the streets or public places.
Yard and garden waste may not be accepted for disposal at any
Agency facility but may be accepted for recycling at a yard waste
composting facility of the hauler's choice within the county or taken
elsewhere.
Except as specifically permitted in this chapter, no hauler
shall deposit or cause to be deposited or stored for more than one
day upon any property any solid waste and/or recyclables, and dumping
thereof is hereby prohibited. No leachate or other obnoxious or contaminating
substance shall be allowed to drain from any hauler vehicle on the
public streets.
No hauler shall suffer or permit solid waste to accumulate or
remain upon private premises, including extended storage in hauler
vehicles owned or operated by that hauler, so that the same shall
emit odors or become offensive or dangerous to the public health or
to any person or property.
No hauler shall bury or burn any solid waste and/or recyclables
or cause to be buried or burned any solid waste and/or recyclables,
papers, trash, hazardous waste and/or materials within the limits
of the Village, unless authorized to do so in writing by the Village
Board.
This article shall also apply to all special events held in
the Village. The sponsor of said events shall be required to apply
for any special permits (now or in the future) required for special
events under the Village of Camillus Code and in addition shall be
responsible for sorting all solid waste materials into appropriate
containers or bags and making all arrangements for pickup and disposal
of all solid waste materials. The hauler may charge a fee to be determined
by the Village Board for such pickups and disposal.
A.
In addition to any revocation of the municipal hauler's license pursuant to this article, each day's violation or failure to comply with the provisions of this article shall be considered a new and separate offense and subject to the penalties set forth in § 61-47 herein.
B.
In addition to the above-provided penalties and revocations, or in
lieu thereof, the Village Board may also institute and maintain an
action or proceeding in the name of the Village in a court of competent
jurisdiction to compel compliance with or to restrain by temporary
restraining order, preliminary and/or permanent injunction any violation
of this article.
C.
This article may be enforced by the Onondaga County Resource Recovery
Agency, the Village Code Enforcement Officer, the Town of Camillus
Police Department, the Superintendent of the Village's Department
of Public Works, the Onondaga County Sheriff's Department, the New
York State Police, the Department of Environmental Conservation Officers
and all local law enforcement agencies.
The failure of a hauler to comply with the provisions of this
article shall be considered a violation subject to the following specified
fines for each offense pursuant to § 80.05, Subdivision
4, of the Penal Law as well as for corporate officers, directors and
officials except for corporations in their corporate capacity, which
shall be fined pursuant to § 80.10 of the Penal Law. Each
day's violation shall be considered a new and separate offense subject
to a separate penalty as fixed below. Any fines collected under this
article shall inure to the Village and shall be deposited in the Village
general fund to use as it deems appropriate.
|
Section
|
Violation
|
Fine
|
|---|---|---|
|
§ 61-30
|
Failure to obtain a municipal hauler license
|
$250
|
|
§ 61-30
|
Failure to deliver all solid waste collected within the Village
and destined for disposal within New York State to the Village-approved
revocation disposal site
|
$250 plus
|
|
§ 61-31A
|
Failure to attach a municipal sticker to the hauler vehicle
if required
|
$250
|
|
§ 61-31B
|
Duplication or imitating the municipal sticker or engaging in
the selling of the municipal sticker
|
Revocation
|
|
§ 61-34A
|
Accepting and/or disposing of county-designated recyclable materials
as solid waste
|
$200
|
|
§ 61-34B
|
Removing, destroying or disposing of a recycling container or
using same for other than storage of a county-designated recyclable
|
$150
|
|
§ 61-36
|
Engaging in the collection of solid waste and/or recyclables
on Sundays, Thanksgiving or Christmas
|
$50
|
|
§ 61-37D
|
Failure to notify the Village, 30 days' prior written notice
of any cancellation, nonrenewal or modification of required insurance
policy
|
$50
|
|
§ 61-38
|
Failure to comply with the designated hours of operation
|
$200
|
|
§ 61-39
|
Failure to remove uncollected solid waste improperly set out
for disposal
|
$100
|
|
§ 61-40
|
Throwing, scattering or allowing deposit of any solid waste
and/or county-designated recyclables or other waste upon the streets
|
$100
|
|
§ 61-41
|
Engaging in the collection of solid waste and/or county-designated
recyclables in a noncovered vehicle
|
$100
|
|
§ 61-42
|
Dumping or depositing any solid waste and/or recyclables material
upon any property; draining leachate from hauler vehicle
|
$100
|
|
§ 61-43
|
Allowing solid waste or other waste material and recyclables
to accumulate upon any property so that it becomes obnoxious, unsightly
or offensive
|
$250
|
|
§ 61-44
|
Any hauler engaging in the burial or private burning of solid
waste and/or recyclables, papers, trash, hazardous waste and/or materials
within the limits of the Village
|
$250
|
