[HISTORY: Adopted by the Town Board of the Town of LaFayette 1-22-2001 by L.L. No. 1-2001. Amendments noted where applicable.]
[Amended 12-8-2020 by L.L. No. 2-2020]
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 the Town by reducing the amount of solid waste and will otherwise comply with the current Onondaga County Source Separation Law 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(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 Town of LaFayette has determined that all solid waste, both residential and commercial, generated in the Town 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 Town Board in § 228-2 hereof. This chapter 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. This chapter shall not 1) regulate or otherwise restrict any disposal of solid waste generated within the Town 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 chapter, the following terms 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.
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 the current
county source separation law, including the following:
[Amended 12-8-2020 by L.L. No. 2-2020]
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, mirrors and kitchenware.
METALAll ferrous 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. This term excludes carbon paper, chemical transfer paper and tyvek or plastic-coated envelopes.
PLASTICSAll HDPE and PET type plastic bottles (#1 & #2), including empty, washed food, beverage, detergent, bleach and hair care containers. This term excludes all photographic film, vinyl, rigid and foam plastic materials, as well as plastics numbered 3, 4, 6 and 7 and HDPE oil bottles, as well as #1 and #2 containers that are not bottles or contained hazardous material. Also included as a recyclable, all #5 polypropylene containers, including baby bottles, cottage cheese/cream cheese containers, yogurt cups, margarine tubs, plastic ice cream containers, food storage containers, and take-out containers marked as #5 plastic.
KRAFT PAPERAs found in brown paper bags and package wrapping.
BEVERAGE CARTONSIncludes gabled-topped paper cartons that contained milk and juice products. Also included as a recyclable, aseptic containers for juice, broth or soup.
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 multi-part forms. Excludes any paper coated with foil or plastic.
SOFT-COVER BOOKSIncluding paperback books, product manuals and educational materials that do not have a hard cover nor a metal or plastic spiral binding.
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 or which engages in the collection,
transportation, disposal or delivery of solid waste within the Town.
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 thereto, 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
260-281;
The Toxic Substances Control Act (15 U.S.C. § 2601
et seq.) and the regulations contained in 40 CFR Parts 761 through
766;
The State Environmental Conservation Law (Title 9 of Article
27) and the regulations contained in 6 NYCRR Parts 370, 371, 372 and
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.
A 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 Town to a hauler as a prerequisite
to performing solid waste collection services within the Town'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 Town or their designees for use by eligible households within
the Town. 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 current Onondaga County Source Separation Law, as amended.
[Amended 12-8-2020 by L.L. No. 2-2020]
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.
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 Town of LaFayette.
The Town Board of the Town of LaFayette.
The Town Clerk of the Town of LaFayette.
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 Town that the person/firm intending to conduct such business obtain
a municipal hauler license and a Town sticker. An application on a
form approved and provided by the Town must be submitted to the Town
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 Town and destined for disposal in the State of New York to the approved disposal site specified in § 228-2 above. It shall be unlawful to unload or deposit any solid waste hauled from any premises within the limits of the Town and destined for disposal in the State of New York at any place other than the approved disposal site specified by the Town in § 228-2 above. 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
and which provides for a recycling plan as required by the current
Onondaga County source separation law 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.
[Amended 12-8-2020 by L.L. No. 2-2020]
A.
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 vehicles
in operation.
Municipal hauler licenses issued pursuant to this chapter shall
be effective for an annual term from January 1 through December 31
(one calendar year).
The Town shall have the right to cancel any existing municipal hauler license upon 30 days' written notice to the hauler if the Town shall enact legislation establishing a new system for collection of solid waste in the Town that is inconsistent with the continuation of said license. The Town shall revoke a municipal hauler license upon the happening of any or a combination of the following: failure of the hauler to comply with any provision of § 228-3 or 228-4 of this chapter. Prior to any such revocation, the hauler shall be notified by the Town 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 Town 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 Town. The hearing shall be informal and held before the Town Supervisor or his/her designee. Compliance with technical rules of evidence shall not be required, and the decision of the Town Supervisor or his/her designee shall be final.
[Amended 12-8-2020 by L.L. No. 2-2020]
The Town hereby adopts as its source separation legislation,
required pursuant to General Municipal Law § 120-aa, the
current Onondaga County Source Separation Law 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 the Town 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 Town, 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 Town;
(2)
Willfully destroy a recycling container;
(3)
Dispose of a recycling container other than by returning such container
to the Town at a designated location; or
(4)
Use a recycling container for other than the temporary storage of
county-designated recyclable materials.
[Amended 12-8-2020 by L.L. No. 2-2020]
The Town Board may, by resolution, designate and impose such
other fees as it deems reasonable and appropriate in relation to the
collection and disposal of any solid waste. After any such fees are
imposed, the manner of implementation and collection shall be by regulation
of the Town Board or its designee not inconsistent with the terms
of the resolution imposing such fees. The Town Board may, by resolution,
also from time to time establish fees to defray expenses in connection
with the fee for the municipal hauler license and administration of
this chapter. Fees shall be paid by the applicant at the time of application.
Haulers shall not collect solid waste in the Town on Sundays,
Thanksgiving or Christmas.
A.
In consideration of the Town 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 Town 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 clean-up 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 Town of LaFayette
Town Board:
C.
The public liability policy aforementioned shall name the Town of
LaFayette as an additional insured.
D.
Each policy of insurance shall be endorsed to contain the following
language:
"The Town will be given 30 days' prior written notification
of any cancellation, non-renewal or modification of this policy which
reduces coverage or limits at the following address: Town Clerk, Town
of LaFayette, 2577 Route 11, P.O. Box 193, LaFayette, New York 13084."
E.
Prior to the issuance of any municipal hauler license, the hauler
must provide to the Town Code Enforcement Office proof of insurance
coverage in a form to be determined from time to time by resolution
of the Town Board.
[Amended 12-8-2020 by L.L. No. 2-2020]
Haulers shall not operate earlier than 5:00 a.m. nor later than
9:00 p.m.
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 remove 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 Town 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 Town, unless authorized to do so in writing by the Town Board.
This chapter shall also apply to all special events held in
the Town. The sponsor of said events 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 Town
Board for such pickups and disposal.
B.
In addition to the above-provided penalties and revocations, or in
lieu thereof, the Town Board may also institute and maintain an action
or proceeding in the name of the Town 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
chapter.
C.
This chapter shall be enforced by the Town Code Enforcement Officer,
Town Fire Inspector, Superintendent of Highways, Onondaga County Sheriff's
Department, New York State Police, Department of Environmental Conservation
Officers and all local law enforcement agencies.
[Amended 12-8-2020 by L.L. No. 2-2020]
[Amended 12-8-2020 by L.L. No. 2-2020]
A.
The failure
of a hauler to comply with the provisions of this chapter shall be
considered a violation subject to the following specified fines for
each offense pursuant to § 80.05(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 chapter shall inure
to the Town and shall be deposited in the Town General Fund to use
as it deems appropriate.
B.
The imposition
of a penalty as provided herein shall be in addition to any injunctive
or remedial relief or any civil penalty which is authorized under
the laws of the State of New York or the local laws of the Town of
LaFayette, with the same force and effect as though provided for herein.
Any penalty or relief shall not be deemed to be in lieu of any provision
for revocation or suspension of any license or permit.
|
Section
|
Violation
|
Fine
|
|---|---|---|
|
228-3
|
Failure to obtain a municipal hauler license
|
$250
|
|
228-3
|
Failure to deliver all solid waste collected within the Town
and destined for disposal within New York State to the Town-approved
disposal site
|
$250 plus revocation
|
|
228-4A
|
Failure to attach a municipal sticker to the hauler vehicle
|
$250
|
|
228-4B
|
Duplication or imitating the municipal sticker or engaging in
the selling of the municipal sticker
|
Revocation
|
|
228-7A
|
Accepting and/or disposing of county-designated recyclable materials
as solid waste
|
$200
|
|
228-7B
|
Removing, destroying or disposing of a recycling container or
using same for other than storage of a county-designated recyclable
|
$150
|
|
228-9
|
Engaging in the collection of solid waste and/or recyclables
on Sundays, Thanksgiving or Christmas
|
$50
|
|
228-10D
|
Failure to notify the Town with 30 days' prior written notice
of any cancellation, non-renewal or modification of a required insurance
policy
|
$50
|
|
228-11
|
Failure to comply with the designated hours of operation
|
$200
|
|
228-12
|
Failure to remove uncollected solid waste improperly set out
for disposal
|
$100
|
|
228-13
|
Throwing, scattering or allowing deposit of any solid waste
and/or county-designated recyclables or other waste upon the streets
|
$100
|
|
228-13
|
Engaging in the collection of solid waste and/or county-designated
recyclables in a non-covered vehicle
|
$100
|
|
228-14
|
Improper disposal of yard and garden waste
|
$100
|
|
228-15
|
Dumping or depositing any solid waste and/or Recyclable material
upon any property; draining leachate from hauler vehicle
|
$100
|
|
228-16
|
Allowing solid waste or other waste material and recyclables
to accumulate upon any property so that it becomes obnoxious, unsightly
or offensive
|
$250
|
|
228-17
|
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 Town
|
$250
|
