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 will serve the general public's interest in our Town 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 Plan under which the state solid waste management priorities were established as waste reduction, reuse, recycling and waste to energy (cf. New York Environmental Conservation Law § 27-0106) with land burial as a last resort only when reuse, recycling or waste to energy were unavailable. The State Solid Waste Management Plan Section B-35 in 1988 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) allow 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 Fabius has determined that all solid waste, both residential and commercial, generated in our 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 §
116-16 hereof. 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.
As used in this article, the following terms shall have the
meanings indicated:
AGENCY
The Onondaga County Resource Recovery Agency.
AGENCY FACILITY
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.
CONSTRUCTION AND DEMOLITION DEBRIS
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.
COUNTY
The County of Onondaga.
COUNTY-DESIGNATED RECYCLABLE MATERIALS
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:
A.
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.
B.
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.
C.
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.
D.
NEWSPAPERS, MAGAZINES AND CATALOGUESIncludes common machine finished paper made chiefly from wood pulp used for printing newspapers, as well as glossy inserts, magazines and catalogues. All must be free of contaminants.
E.
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.
F.
PLASTICSAll HDPE and PET type plastic bottles (No. 1 and No. 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 HDPE oil bottles, as well as No. 1 and No. 2 containers that are not bottles or contained hazardous material.
H.
BEVERAGE CARTONSIncludes gabled topped paper cartons that contained milk and juice products.
I.
PAPERBOARDPaper packaging as found in cereal, cracker and tissue boxes, etc., and toilet tissue and paper towel tubes.
J.
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.
CURB
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.
CURBSIDE COLLECTION
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.
ELIGIBLE HOUSEHOLD A
A household residing in a dwelling of three units or less
and which is required to utilize recycling containers.
[Added 3-31-2003 by L.L.
No. 2-2003]
ELIGIBLE HOUSEHOLD B
A household residing in a dwelling of four units and which
is required to utilize recycling containers.
[Amended 3-31-2003 by L.L. No. 2-2003]
HAULER
Any person, company or firm who engages in the collection,
transportation, disposal or delivery of solid waste within our Town.
HAZARDOUS WASTE
A.
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:
(1)
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 through 281;
(2)
The Toxic Substances Control Act (15 U.S.C.§ 2601
et seq.) and the regulations contained in 40 CFR Parts 761 through
766;
(3)
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);
B.
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
C.
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 facility.
LARGE HOUSEHOLD FURNISHINGS
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.
MAJOR APPLIANCES
A large and/or bulky household mechanism, such as a refrigerator,
washer, dryer, stove, furnace or hot water tank.
MEDICAL WASTE
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.
MUNICIPAL HAULER LICENSE
The license issued by the Town to a hauler as a prerequisite
to performing solid waste collection services within the Town's
municipal limits.
PERSON
A natural person, association, partnership, firm, corporation,
trust, estate or governmental unit and any other entity whatsoever.
RECYCLABLES
Those materials which can be practically separated from nonrecyclable
waste for which reuse markets can be accessed for less than the cost
of disposal. "County-designated recyclables" are those recyclables
designated for mandatory separation under Onondaga County Local Law
No. 12 of 1989.
RECYCLING CONTAINER
The blue bin or other container supplied by the agency, county,
the Town or their designees for the 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.
RECYCLING LAW
The Onondaga County Source Separation Law, Local Law No.
12, adopted March 6, 1989, as subsequently amended.
REGULATED MEDICAL WASTE
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.
SOLID WASTE
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 recyclable materials, 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, require special handling in
its collection or disposal.
SYSTEM
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.
TOWN BOARD
The Board of Trustees of the Town of Fabius.
WASTE GENERATOR
Any person or legal entity which produces solid waste requiring
off-site disposal.
[Amended 3-31-2003 by L.L. No. 2-2003]
A. Only a hauler awarded a contract by the Joint Trash District of which
the Town of Fabius is a member shall be permitted to collect all nonrecyclable
solid waste and all county-designated recyclable materials from "Eligible
Household A" within the Town of Fabius.
B. Regarding collection of solid waste and recyclable materials from
"Eligible Households B," 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 Codes Enforcement Office in which the person
satisfactorily shall be bound by the following provisions:
(1) 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 §
116-16 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 §
116-16 above. Any hauler failing to dispose of said solid waste at the approved disposal site so designated shall be subject to having its licensed revoked.
(2) The hauler will supply a plan of operation for collection and transportation
and 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 agrees 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.
Municipal hauler licenses issued pursuant to this article shall
be effective for an annual term from January 1 through December 31
(one calendar year).
The Town 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 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 article.
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;
(4) Use a recycling container for other than the temporary storage of
a county-designated recyclable.
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 waste material. 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, 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 article. 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.
Haulers shall not operate earlier than 5:00 a.m. nor later than
5:00 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 article,
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 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 article, 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 the 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 Board of
Trustees.
This article shall also apply to all special events held in
the municipality. 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
waste materials. The hauler may charge a fee to be determined by the
Board of Trustees for such pickups and disposal.
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(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 days' 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 Town and shall be deposited in the Town General Fund
to use as it deems appropriate.
Section
|
Violation
|
Fine
|
---|
116-17
|
Failure to obtain a municipal hauler license
|
$250
|
116-17
|
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
|
116-18A
|
Failure to attach a municipal sticker to the hauler vehicle.
|
$250
|
116-18B
|
Duplication or imitating the municipal sticker or engaging in
the selling of the municipal sticker
|
Revocation
|
116-21A
|
Accepting and/or disposing of county-designated recyclable materials
as solid waste
|
$200
|
116-21B
|
Removing, destroying or disposing of a recycling container or
using same for other than storage of a county-designated recyclable
|
$150
|
116-21
|
Engaging in the collection of solid waste and/or recyclables
on Sundays, Thanksgiving or Christmas.
|
$50
|
116-24D
|
Failure to notify the Town, 30 days' prior written notice
of any cancellation, nonrenewal or modification of required insurance
policy
|
$50
|
116-25
|
Failure to comply with the designated hours of operation.
|
$200
|
116-26
|
Failure to remove uncollected waste improperly set out for disposal
|
$100
|
116-27
|
Throwing, scattering or allowing deposit of any solid waste
and/or county-designated recyclables or other waste upon the streets
|
$100
|
116-27
|
Engaging in the collection of solid waste and/or county-designated
recyclables in a noncovered vehicle
|
$100
|
116-29
|
Dumping or depositing any solid waste and/or recyclables material
upon any property; draining leachate from hauler vehicle
|
$100
|
116-30
|
Allowing solid waste or other waste material and recyclables
to accumulate upon any property so that it becomes obnoxious, unsightly
or offensive
|
$250
|
116-31
|
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
|
If any paragraph, section, sentence or portion of a sentence
of this article shall be found and determined to be invalid, unlawful
and/or unconstitutional, such determination shall not invalidate or
void any other paragraph, section, sentence or portion thereof, and
such other parts thereof shall remain in full force and effect unless
and until legally revoked, modified and/or amended.
In 1992, the Town of Fabius enacted Local Law No. 1, regulating
collection, removal and disposal of solid waste in the Town of Fabius.
That local law is repealed in its entirety and replaced and superseded
by this article, effective upon the effective date of this enactment.
This article shall take effect immediately upon its filing with
the Secretary of State.