[HISTORY: Adopted by the Board of Trustees of the Village
of East Syracuse as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-24-2003 by L.L. No. 1-2003 as Part 47 of the 2003 Code]
As used in this article, the following terms shall have the
meanings indicated:
The Onondaga County Waste-to-Energy Facility on Rock Cut
Road in the Town of Onondaga.
All material remaining after combustion.
Discarded building material, concrete and construction by-products.
Any plastic, metal or wood container for solid waste which
will not disintegrate when wet and, as filled, weighs no more than
75 pounds with a volume of no more than 30 gallons.
Those recyclables designated by the County and OCRRA pursuant
to Local Law No. 12 of 1989, including the following:
BEVERAGE CARTONSInclude gabled topped paper cartons that contained milk and juice products.
CORRUGATED PAPERCardboard containers, boxes and packaging, including pizza boxes, which are cleaned of contamination by food wastes, or the polystyrene commonly called "Styrofoam," and which have been flattened for transport.
GLASSEmpty, washed glass jars, bottles and containers of clear, green and amber (brown) glass that contained food or drink, with caps removed. Glass is not ceramics, window glass, auto glass, mirrors and kitchenware.
KRAFT PAPERFound in brown paper bags and package wrapping.
METALAll metals, including steel, aluminum and composite cans and containers (cleaned of food wastes), and empty aerosol cans that did not contain hazardous material. Metal is not scrap metal, wire, pipes, tubing, motors, sheet metal, etc., all of which are recyclable but must be recycled through scrap dealers.
MIXED PAPERDiscarded and bulk mail, computer paper, colored paper, greeting cards, wrapping paper and carbonless multi-part forms. Mixed paper is not any paper coated with foil or plastic.
NEWSPAPERCommon machine-finished paper, free of contaminants, made chiefly from wood pulp used for printing newspapers, glossy inserts, magazines and catalogues.
OFFICE PAPERAll bond paper, computer printout, stationery, photocopy and ledger paper of any color from all waste generators. Office paper is not carbon paper, chemical transfer paper, Tyvek® or plastic coated envelopes. Paper should, if
possible, be free of tape, adhesives, labels, rubber bands, paper
clips, binders and other contaminants.
PAPERBOARDNon-corrugated paper packaging found in cereal, cracker, tissue and other boxes, and toilet tissue and paper towel tubes.
PLASTICSAll HDPE and PET type plastic bottles with recycling No. 1 and No. 2, including empty, washed food, beverage, detergent, bleach and hair care containers with lids removed. Plastics are not photographic film, vinyl, rigid and foam plastic materials, as well as plastics with recycling No. 3 through No. 7 and 1-IDPE oil bottles, as well as No. 1 and No. 2 containers that are not bottles or contained hazardous material.
The curbing 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 pavement.
The use of collection receptacles by solid waste generators
and the regular periodic pickup and transfer of their contents by
a solid waste hauler.
A household residing in a dwelling of four units or fewer
which is required to use recycling containers.
All organic waste material.
Anyone, other than the Department of Public Works, who engages
in the collection, transportation, disposal or delivery of solid waste.
Any waste, excluding household hazardous waste, which is defined
or regulated as a hazardous waste, toxic substance, hazardous chemical
substance or mixture, or regulated waste under federal, state or local
law, or under current rules issued subsidiary thereto, including but
not limited to the Resource Conservation and Recovery Act of 1976
(42 U.S.C.A. § 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.A.
§ 2601 et seq.) and the regulations contained in 40 CFR
Parts 761 to 766; and the State Environmental Conservation Law (Title
9 of Article 27) and the regulations contained in 6 NYCRR Parts 370
to 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.A.
§ 2011 et seq.) and the regulations contained in 10 CFR
Part 50; 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, is regulated as harmful, toxic or hazardous
to health and ineligible for processing at the agency facility.
Any part of a disposal facility where solid waste is placed
in or on land. Landfill is not a land treatment facility, surface
impoundment or injection well.
Furniture and other large or bulky articles which equip a
home for living, such as chairs, sofas, tables, beds or carpets.
Large or bulky home machines, such as washers, refrigerators,
dryers, stoves, furnaces or water heaters.
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 Onondaga County Resource Recovery Agency.
Any facility operated by or designated by OCRRA, including
the Transfer Stations at Ley Creek and Rock Cut Road, the Rock Cut
Road Waste-to-Energy Facility, the OCRRA Landfill (when built), the
Yard Waste Composting Facilities at Jamesville and Amboy, the Construction
and Demolition Processing Facility at Ley Creek and OCRRA designated
Materials Recovery Facilities.
Those 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 owned by the agency, county,
Village or their designee, and supplied to eligible households in
the Village exclusively for storing county-designated recyclables.
The County Source Separation Law, Local Law No. 12, adopted
March 6, 1989, as subsequently amended.
Medical wastes listed in 6 NYCRR 364.9, Subdivision (c)(1),[1] and managed pursuant thereto.
Any discarded material, except:
Recyclables.
Yard and garden waste.
Human wastes.
Rendering wastes.
Demolition wastes.
Junked automobiles.
Explosives.
Pathological, medical, toxic or radioactive material.
Residue from incinerators or other destructive systems for processing
waste (other than residue from existing individual building incinerators
which is presently collected as solid waste).
Any other waste material which requires special handling in
collection or disposal under federal, state or local laws.
An adhesive-backed official Village sticker of such size
and design as set by resolution of the Village Board to be used for
the collection and disposal of garbage and trash in the Village.
The containment of trash, garbage, wastepaper or refuse for
a period of more than 15 days.
The County's Solid Waste Management System as operated by
OCRRA 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.
All discarded material not suitable for further use which
material is not garbage or recyclable materials.
A motor vehicle designed or adapted for use in the removal
of garbage and trash.
Any person who produces solid waste requiring off-site disposal.
Issued by the Village to a hauler as a prerequisite to his
collecting solid waste in the Village.
Any paper product which is not a county recyclable material
as defined herein.
Washing machines, clothes dryers, refrigerators, freezers
and similar types of appliances.
Garden and grass clippings, leaves and brush.
[1]
Editor's Note: 6 NYCRR 364.9 was repealed, filed 9-5-2017
and effective 11-4-2017.
A.
Littering. No one shall put any foreign matter on any street or sidewalk.
B.
Containers. No one shall dispose of any waste matter in anything
but a tightly sealed container.
C.
Curbline storage. No one shall permit containers, waste or combustibles
to remain at or next to any curb.
D.
Debris from collections. Waste material shall be transported through
the Village in vehicles which are covered and closed to prevent debris
from spilling.
E.
Dumping. No one shall dump any waste material in any dump used by
said Village.
F.
Fireproof receptacles. All wood and coal ashes must be stored in
metal or other fireproof receptacles.
G.
Food waste in watertight containers. All waste from human edibles
shall be kept in watertight containers.
A.
Removal only by Village. Except as otherwise provided herein, all
solid waste shall be collected and removed by Village employees or
contractors and disposed of as directed by resolution of the Village
Board.
B.
Fees.
(1)
Use of Village garbage stickers. All trash to be collected by the
Village shall be placed at curbside with an appropriate number of
stickers attached.
(2)
Sale of Village stickers. Stickers are sold at times and places set
by resolution of the Village Board.
(3)
Who can purchase Village stickers. Stickers may be purchased only
by Village residents and businesses.
(4)
Prohibition of resale of Village stickers. No one shall resell stickers
to any one other than Village residents and businesses.
(5)
Use of unauthorized stickers prohibited. No one shall duplicate or
imitate Village garbage stickers, or transfer any duplicated or imitated
sticker.
(6)
Special handling. The Village Clerk shall bill by ordinary mail persons
responsible for payment of special handling fees. The Village Clerk
shall notify the Village Board of fees not paid within 30 days of
billing, and the Board may add the unpaid bill to the annual tax levy
on the property on which incurred.
(7)
General fees. Fees for the collection and disposal of solid waste,
including the price of Village garbage stickers, shall be set by resolution
of the Village Board and applied to tipping fees and other expenses
attendant to collecting and disposing of solid waste.
C.
Collection schedules. Collection dates and times shall be set by
the Public Works Superintendent.
D.
Restrictions.
(1)
Container limits. No solid waste container shall exceed 75 pounds
or 30 gallons.
(2)
Condition of containers. All containers must be clean, watertight,
and in good condition. Garbage containers must be sealed, and containers
used outside must be covered to prevent rain and snow accumulation.
(3)
Location of containers. No one shall place solid waste containers
at the curb before 4:00 p.m. on the day before collection or leave
the emptied containers at the curb past 8:00 p.m. on the day of collection.
Containers must be kept inside or in the rear of the premises at all
other times.
(4)
Access to containers. Access to containers shall be kept reasonably
free from snow and ice.
(5)
Furniture and appliances. Furniture and white goods are trash and
shall be placed at curbside on the designated day for trash pickup.
(6)
Yard waste. Yard waste is trash and shall be placed at curbside on
the designated day for trash pickup. Branches shall be cut to lengths
of six feet or less and tied in bundles. All other yard waste must
be placed in containers. No more than 20 containers per dwelling may
be placed at the curb on any single pickup day without first contacting
the Public Works Superintendent, who shall designate the date and
manner of pickup. Notwithstanding, leaves placed at curbside, bagged
or loose, between October 1 and December 31 shall collected without
limits on quantity.
(7)
Construction debris. Contractors must dispose of debris resulting
from their work. Debris generated by owners or residents may be set
at curbside on the designated day for trash pickup. All material must
be in containers with handles, with the combined weight of container
and contents not to exceed 75 pounds.
(8)
Dumpsters. The Village does not collect from dumpsters; anyone using
a dumpster must provide for solid waste collection at their expense.
E.
Prohibited disposal.
(1)
On public property. No one shall dispose of solid waste in any waterway
or on any public property.
(2)
On private property. No one shall dispose of solid waste on private
property, except that ashes may be used as fill with the owner's permission.
(3)
Non-originating materials. No one shall import solid waste originating
outside the Village for collection or disposal, or allow such waste
to be imported to property under their control.
(4)
Burning or burying. No one shall bury or burn solid waste without
written authorization from the Village Board.
F.
Recyclable materials. The Village shall collect recyclables to the
extent each material is accepted by OCRRA. Recycling is mandatory,
and recyclable materials must be prepared for collection by the Village
as specified below.
(1)
Newspapers. Newspapers must be unbundled and placed in brown paper
or plastic bags.
(2)
Metal, plastic and glass. Tin and aluminum cans, plastic containers,
glass bottles and jars without lids, tops, or caps must be rinsed
and placed in the separate recyclables bin provided by the Village.
Labels need not be removed. Ceramics, window glass, auto glass, mirrors,
kitchenware and light bulbs are not recyclable and must not be placed
in the recyclables bin.
(3)
Cardboard. Cardboard must be flattened and tied with twine; the use
of tape, panty hose, yarn or any other forms of securing bundles is
not permitted.
G.
Collection vehicles.
(1)
Covered vehicles required. Solid waste must be transported in covered
containers; no material may be spilled on streets or other public
places.
(2)
No tarrying on public streets. Solid waste collection vehicles shall
not stand or tarry along public streets longer than reasonably necessary
for loading.
A.
Penalties for general violations. Except as provided in Subsection B, anyone convicted of violating this article shall be fined up to $250 for the first violation and for each day thereafter the violation remains unabated, and up to $500 for another violation within one year of the first and for each day that violation remains unabated. A violation which continues for more than one day is one violation for the purpose of imposing fines.
B.
Penalties for disposal violations.
(1)
Littering. Anyone convicted of violating § 289-2A shall be fined up to $10, imprisoned for up to one day, or both.
(3)
Prohibited disposal. Anyone convicted of violating § 289-3E shall be fined from $250 to $1,000 and be sentenced to up to 40 hours of satisfactory public service. The specific service to be performed, time of performance and acceptability of the work done shall be determined by the Public Works Superintendent.
(4)
Putting out garbage for collection. The Village shall notify anyone
who puts out waste for collection of a violation of this article by
written notice left at the premises where the violation occurred.
In single- and two-family residences, the occupant is responsible
for such unauthorized waste; in buildings with three or more dwelling
units, the owner is responsible. If the noticee falls to comply within
24 hours of presumptive receipt of the notice, the Village may pick
up the unauthorized waste and, to compensate the Village for special
handling, charge the noticee:
[Adopted 3-24-2003 by L.L. No. 1-2003 as § 714 of the 2003
Code]
Reducing solid waste and recycling are important due to increasing costs of disposal and environmental impacts. Separating and collecting recyclables is in the public interest and complies with the County Source Separation Law (L.L. No. 12 of 1989) and other applicable laws. In 1988, to conserve energy and natural resources, the state enacted a Solid Waste Management Act establishing a solid waste hierarchy of waste reduction, reuse, recycling and waste to energy (see State Environmental Conservation Law § 27-0106), with burial as a last resort. Section B-35 of the State Solid Waste Management Plan, 1997-98 Update, recommended the County take immediate steps to develop environmentally acceptable facilities to manage its solid waste. In December of 1991, the County adopted a comprehensive Solid Waste Management Plan subsequently approved by the State Department of Environmental Conservation. This plan, applicable to county municipalities, preferred waste-to-energy as a safe and sanitary alternative to the threat to the groundwater supply and other liabilities posed by burying waste, for reasons listed in § 5 of the Plan. Public Authorities Law § 2045-e, Subdivisions 7 and 8, allow OCRRA to contract with municipalities for the delivery and processing of solid waste. In compliance with both the State and County Solid Waste Management Plans, the solid waste generated here and destined for disposal within the state must be disposed of at the site designated in § 289-10.
This article does not apply to:
A.
Village vehicles. Vehicles used by the Village for collection of
waste.
B.
Out-of-state disposals. Solid waste disposed of out-of-state.
C.
Material prohibited by the FAA. The transportation of property prohibited
by the Federal Aviation Administration Authorization Act of 1994,
as amended (49 U.S.C.A. § 14501 et seq.).
All terms defined in § 289-1 also apply to this article.
A.
Waste hauler license required. Any hauler collecting solid waste
in the Village must have a license. Applications are submitted to
the Codes Enforcement/Economic Development Officer on the form set
by resolution of the Village Board. The hauler will supply all business
information required on the application.
B.
Waste hauler license fees. The annual fee for waste hauler licenses,
a deposit to insure adherence to the filed operating plan, fees for
costs incurred in processing the application, and any other attendant
fees as set by resolution of the Village Board shall be paid at the
time of application.
C.
Plan of operation. Each hauler shall file an operating plan showing
collection schedules and a recycling plan as required by Onondaga
County Local Law No. 12 of 1989.
D.
Calendar year licenses. Waste hauler licenses are effective from
January 1 through December 31. No hauler shall bill or contract with
any customer for a period of more than one year in advance or extending
beyond December 31 of any calendar year.
E.
Indemnification. At the time the license is issued, all haulers must
sign a waiver indemnifying and holding harmless the Village and its
officials from and against any and all claims and expenses resulting
from any claim in any way connected with the applicant's actions as
a hauler.
F.
Insurance.
(1)
The hauler shall secure and maintain insurance coverage as set forth
below, or in such higher amounts as set by resolution of the Village
Board:
(a)
Public liability (CGL) with contractual coverage of a combined single
limit of at least $1,000,000 per occurrence and $1,000,000 aggregate
in the primary policy;
(b)
Automobile liability coverage for all vehicles used, with a combined
single limit of at least $1,000,000 in the primary policy;
(c)
An umbrella policy in the amount of at least $5,000,000 that follows
the coverage forms of the underlying liability policies or is broader;
and
(d)
Workers' compensation coverage.
(2)
All liability policies shall name the Village as an additional insured.
(3)
Each policy of insurance shall be endorsed to contain 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 following address: 207 North Center
Street, East Syracuse, New York, 13057."
(4)
Prior to the issuance of a license, the hauler must provide the Village
Clerk with proof of insurance coverage in a form to be set by resolution
of the Village Board.
G.
Cancellation of waste hauler licenses. If the Village establishes
a new system for collecting solid waste, it may cancel any license
upon 30 days' written notice to the hauler.
A.
Licensed waste hauler sticker. All haulers must display a Village-issued
licensed waste hauler sticker on the driver's vent window or upper
part of the driver's side of the windshield on each vehicle in operation.
Imitation, duplication, sale or transfer of these stickers is prohibited.
B.
Vehicles must be kept sanitary. No waste may be stored in any vehicle
and all vehicles must be kept in sanitary condition and are subject
to inspection by the Codes Enforcement/Economic Development Officer.
C.
Prohibited days and hours. Waste haulers are prohibited from operating
on Sundays, Thanksgiving, Christmas and from 9:00 p.m. to 6:00 a.m.
D.
Solid waste containers.
(1)
All solid waste shall be placed in containers not exceeding 75 pounds
or 30 gallons capacity.
(2)
No container shall be used which is filthy, leaky or defective, and
all garbage containers shall be sealed.
(3)
All containers shall be stored inside or in the rear of the premises.
No solid waste may be placed at the curb prior to 4:00 p.m. on the
day before the designated collection day, and all empty containers
must be removed from the curb by no later than 6:00 p.m. on the day
of collection.
(4)
All containers kept or placed out of doors shall be covered to prevent
rain or snow from accumulating.
(5)
Walks, paths, driveways and alleys shall be kept reasonably free
from snow and ice to permit removal of containers.
E.
Deviation from operating plan. The hauler shall collect all solid
waste and recyclable materials at the curb in containers or in secured
plastic bags on the scheduled collection day. Where any hauler deviates
from its filed operating plan, the Village may make any missed collections
and deduct the cost incurred from the hauler's adherence deposit;
the hauler must replenish the deposit within 30 days of a written
demand from the Village Treasurer.
F.
Removal of uncollected waste. Where solid waste is not collected
because it was improperly prepared or containerized, the person responsible
for the waste or the owner of the property shall remove the waste
as soon as possible after refusal, and by no later than 6:00 p.m.
on the designated collection day.
A.
Approved disposal sites. The hauler will deliver all nonrecyclable
solid waste collected destined for disposal within the state to the
appropriate OCCRA facility. No hauler may deliver hazardous or medical
waste into the system.
B.
Restrictions on vehicles and handling. Collection and transport of
solid waste must be done in covered vehicles. No hauler shall allow
solid waste to escape onto streets or other public places.
C.
Storage of solid waste. No hauler shall allow solid waste to be stored
in vehicles or in any manner so that it emits odors, becomes offensive
or dangerous to any person or property, or any dangerous or obnoxious
substance leaches from it.
D.
Outdoor burning prohibited. 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.
E.
Yard waste prohibited. Yard waste is not acceptable at any OCRRA
facility but may be accepted for recycling at a composting facility
of the hauler's choice.
A.
Source separation law. 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 County Legislature and subsequently amended
under its terms.
B.
Recycling must be included. The hauler shall provide for the collection
of recyclables in every waste hauler disposal agreement, written or
oral, as part of its standard service and rates.
C.
Recyclables must be separated. No hauler shall dispose of recyclables
as solid waste or accept them for disposal as solid waste.
D.
Recycling containers. Recycling containers are the property of OCRRA
or the Village and are provided for the use and convenience of eligible
households. No hauler shall:
This article applies to all special events held in the Village,
and the sponsor is responsible for sorting, properly containerizing,
and arranging for the collection and disposal of all solid waste.
Haulers may charge an additional fee to be set by resolution of by
the Village Board.
A.
Each day is a separate offense. Each day a violation continues is
a separate offense.
B.
Fine and imprisonment. Any hauler convicted of violating this article
shall be fined up to $500 (or such other amount as set by resolution
of the Board) and imprisoned for up to 15 days for each offense.
C.
Revocation upon conviction. The license of any hauler convicted of
violating this article may be revoked.
D.
Revocation upon hearing. The Village shall revoke the license of
any municipal hauler who fails to comply with any provision of this
article. The hauler shall be notified, in writing, of the violation
and the date on which the Mayor or his designee shall hear all facts
regarding the violation and make a final determination on revocation.
The hearing shall be at least five days after the hauler's presumptive
receipt of the notice and shall be conducted informally. The decision
of the Mayor or his designee shall be final.
E.
Compelling compliance. Other penalties under this article notwithstanding,
the Village may take legal action to compel compliance with this article.
F.
Enforcement agents. This article shall be enforced by the Codes Enforcement/Economic
Development Officer, Fire Inspectors, Public Works Superintendent,
Village Police, County Sheriff, State Police and State Department
of Environmental Conservation.
