[HISTORY: Adopted by the Board of Trustees of the Village of Adams as indicated in article histories. Amendments noted where applicable.]
[2-10-1992 by L.L. No. 1-1992]
It is hereby declared by the Adams Village Board of Trustees that the following findings and statements of intent are to govern the applicability and interpretation of this article.
A. 
Findings.
(1) 
The New York State Solid Waste Management Act of 1988 and, specifically, General Municipal Law § 120-aa require that municipalities adopt a local law by September 1, 1992, for the separation of solid waste into recyclable, reusable, and other components for which economic markets or alternative uses exist.
(2) 
The Village of Adams has determined that control and proper management of the various forms of solid waste is of vital importance to the health, welfare and public safety of the citizens of the Village of Adams.
(3) 
Removal of certain materials from the solid waste stream which can be reused and/or recycled can effectively reduce the flow of solid waste to less desirable means of disposal thereby decreasing the impact and increasing the conservation of valuable resources.
(4) 
Utilization of diverse methods of solid waste management emphasizing source reduction, reuse, and recycling as far as possible of solid wastes are essential to the long range preservation of the health, safety and well-being of the public, to the economic productivity and environmental quality of the Village of Adams, and to the conservation of actual resources.
(5) 
Education and cooperation of all residents of the Village of Adams are essential to the success and effectiveness of the solid waste reduction and control program at every level of municipal involvement.
B. 
Intent. It is the intent of the Village of Adams in the enactment of this article to provide for the public health, safety, general welfare and economic welfare of its residents by the creation and enforcement of a requirement for separation at the source of reusable, recyclable and other components of solid waste, to provide for proper collection, transportation and processing of as many reusable and recyclable materials as possible so as to reduce the amount of solid waste for which disposal would be required and to promote public understanding, knowledge, cooperation and participation at individual, commercial and governmental levels for the benefit of all residents in the Village of Adams.
The following terms and phrases shall have, for the purpose of this article and regulations promulgated thereunder, the meanings described hereinbelow.
BOARD
The Village of Adams Board of Trustees.
COMMERCIAL WASTE
Solid waste generated by retail businesses or stores, offices, institutions, governments, restaurants, warehouses, nonmanufacturing activities in industrial facilities and agricultural enterprises.
COMMITTEE
The Solid Waste Committee of the Village of Adams Board of Trustees, or its successor.
CONSTRUCTION AND DEMOLITION DEBRIS
Waste resulting from construction, remodeling, repair and demolition of structures, road building and land clearing, which may include, but are not limited to, bricks, concrete and other masonry materials, soil, rock, lumber, road spoils, paving materials, roofing materials, and tree or brush stumps.
CONTRACTOR
Any individual, association, partnership, firm, corporation, not-for-profit organization, municipality, educational institution or other person as defined by regulation, engaged in the commercial collection, pickup, transfer, removal and/or disposal of commercial waste, construction and demolition debris and industrial waste excluding refuse.
CURBSIDE COLLECTION
The use of collection receptacles, including, but not limited to, recycling containers of all kinds, for residential, commercial, industrial and other waste generators in the regular periodic transfer of the contents of such receptacles by a waste collector at or near the location of the waste generator.
DROPOFF OR COLLECTION POINT
Any location provided for the convenience of persons utilizing receptacles for the depositing of recyclables or other solid waste by a waste generator itself or a waste collector after collection which may include, but is not limited to, facilities, recycling dropoffs, transfer stations, public assembly facilities, neighborhood recycling facilities, and the like.
FACILITY
Any permitted solid waste management facility or facilities owned and/or operated, or caused to be operated by the county, municipality or more than one municipality jointly, or public authority, or any other such facility or facilities in or out of the county that accepts or disposes of solid waste and/or recyclables, generated, originated, or brought into the county, including, but not limited to, landfills, transfer stations, materials recovery facilities, dropoff centers, and resource recovery facilities.
HAZARDOUS WASTE
Those materials, substances or wastes, which appear on the list promulgated by the New York State Commissioner of the Department of Environmental Conservation, or which satisfy characteristics of hazardous waste, and any other material, determined now or in the future to be hazardous by state or federal rule, regulation and/or statute.
INDUSTRIAL WASTE
Solid waste generated by manufacturing or industrial processes. Such waste may include, but is not limited to, the following manufacturing processes: electric power generation; fertilizer/agricultural chemicals; inorganic materials; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industries; rubber and miscellaneous plastic products; stone, glass, clay and concrete products; textile manufacturing; transportation equipment; and water treatment. This term does not include oil or gas drilling production and treatment wastes (such as brines, oil and fluids); or overburden, spoil or tailings resulting from mining; or solution mining brine and insoluble component wastes.
PERSON or PERSONS
Any individual, company, partnership, association, firm, corporation, municipality or any other entity.
PROCESSOR
A primary user of the particular material such as recyclables, including, but not limited to, glass factories, detinner, plastic recovery facility, paper mill or a consolidator of the materials, excluding county.
PROHIBITED MATERIALS
The following materials, as may be modified from time to time by regulations promulgated hereunder, which materials shall not be accepted at any county facility:
A. 
Septic tank pumpings;
B. 
Liquid wastes;
C. 
Dead animals;
D. 
Junked vehicles;
E. 
Explosives;
F. 
Hot ashes;
G. 
Sealed containers;
H. 
Hazardous wastes;
I. 
Scrap metal.[1]
RECYCLABLES
Any material designated from time to time by regulation pursuant to authority granted herein, which under any applicable law or regulation is not hazardous waste and which can be reasonably separated from the solid waste stream and held for its material recycling or reuse value. The following list of materials, subject to modification by regulation, shall be considered "recyclables":
A. 
Glass containers;
B. 
Ferrous and nonferrous scrap metals;
C. 
Newspapers;
D. 
Corrugated cardboard;
E. 
Metal containers;
F. 
Plastic containers;
G. 
Vehicle tires and batteries;
H. 
Yard wastes;
I. 
Waste oil;
J. 
High-grade office paper; and
K. 
Magazines (including mixed paper).
RECYCLING CONTAINER
A bin or other container supplied by a municipality, or waste collector for other curbside collection or a dropoff or collection point for the use of persons exclusively for the collection, storage, or transportation of recyclables in the county.
RECYCLING FACILITY
The Jefferson County Recycling Facility.
REFUSE
The separation from solid waste materials of a material or materials and subsequent reuse thereof by the waste generator.
REGULATIONS
Regulations promulgated by the Village.
RESIDENT
Any individual who is a legal resident of Village or any individual who is a temporary resident of Village.
SOLID WASTE
All putrescible and nonputrescible solid wastes, including, but not limited to, 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, or being accumulated, stored or physically, chemically, or biologically treated prior to being discarded or rejected, having served their intended use, or as a manufacturing by-product, including, but not limited to, garbage, refuse, industrial, commercial and agriculture waste, sludges from air or water pollution control facilities or water supply treatment facilities, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction debris and offal, but not including sewage and other highly diluted water carried materials or substances and those in gaseous form, special nuclear or by-product material within the meaning of the Atomic Energy Act of 1954, as amended, or any hazardous waste.
SOURCE SEPARATION
The segregation of disposable solid waste materials into recyclables and nonrecyclable wastes as said recyclables and nonrecyclable wastes may be described and designated from time to time by regulation.
VILLAGE
Adams, New York.
WASTE COLLECTOR
Any individual, association, partnership, firm, corporation, not-for-profit organization, municipality, educational institution or any other person engaged in the commercial collection, pickup, transfer, removal and/or disposal of solid waste and/or recyclables generated, originated or brought within the boundaries of county.
WASTE GENERATOR
Any person or legal entity which produces solid waste requiring off-site disposal.
WASTE MATERIALS
That portion of solid waste remaining after all recyclables and reusable materials have been separated.
[1]
Editor's Note: The following subsections, which immediately and respectively followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I): Subsection J, Waste oils; Subsection K, Green waste; and Subsection L, Vehicle tires.
A. 
There is hereby established in the Village a program for the separation, preparation for collection, and controlled collection and disposal of waste materials.
B. 
All solid waste generated in the Village of Adams shall be separated, prepared for collection, collected, transported, and disposed of in accordance with the provisions of this article, regulations promulgated hereunder, and other applicable laws of the county and State of New York.
No person in the Village of Adams shall dispose of waste material except as follows:
A. 
All solid waste materials shall be prepared for collection and transportation in accordance with Subsection A(1) through (4) of this section.
(1) 
All waste generators in the Village of Adams shall engage in source separation prior to placing any solid waste for curbside collection, or contractor pickup, or before delivering such materials to any dropoff or collection point within the county. All recyclables shall be further separated by categories into separate containers in accordance with regulations promulgated and made public by the Director.
(2) 
Each person shall provide suitable containers as prescribed by regulation for the containment of each class or category of recyclables or waste material, when such materials are left for curbside collection or contractor pickup.
(3) 
Waste generators shall be responsible for providing that recyclables required to be separated from the solid waste stream, which are not acceptable at the recycling facility, are nevertheless delivered to a proper disposal or collection point, processor, or facility permitted to handle such material.
(4) 
No person shall remingle or recombine or cause to be remingled or recombined any recyclables with any other classification or recyclables or waste material, or otherwise reintroduce or cause to be reintroduced into the solid waste stream any material which has been separated from the solid waste stream in accordance with this article and/or regulations promulgated hereunder. Every such act of remingling, recombining, or reintroducing into the solid waste stream shall constitute a separate violation of this article.
A. 
From the time any person places any recyclables at or near any curb, sidewalk, street or yard for purposes of curbside pickup, or upon acceptance for deposit by the representative of the municipality or contractor operating a dropoff or collection point, those recyclables shall cease to be the property of the waste generator or other person depositing or delivering such materials. Thereupon, title passes to the person collecting or accepting such recyclables until such time as said recyclables are delivered to and accepted by the Village or the county as its recycling facility, or a processor at its processing facility, or the owner or operator of an appropriate facility for the collection or storage of recyclables.
B. 
Except for authorized agents or employees of the Village or county, a waste collector, contractor, or other municipality which collects or accepts recyclables as the case may be, no person shall collect, pick up, remove or cause to be collected, picked up or removed, any recyclables so placed or accepted for collection in accordance with § 228-4A. Any such unauthorized collection, pickup, or removal shall constitute a separate violation of this article at each location.
C. 
Notwithstanding the provisions of this article, where the person or entity responsible for collection or acceptance of such solid waste has refused to collect or accept such materials because they have not been placed, prepared, or handled in accordance with the provisions of this article or the regulations promulgated pursuant to this article, the person responsible for initially placing materials for collection or offering those materials for acceptance may and shall remove those materials from any curb, sidewalk, street side, or dropoff or collection point, and shall retain title to said materials until properly prepared, placed for collection, and or accepted by a waste collector, contractor or dropoff or collection point operator.
D. 
Any person who shall dispose of solid waste in any manner inconsistent with this article, the regulations promulgated hereunder, or the laws of the State of New York, including, but not limited to, discarding, abandoning, burying, disbursing into the atmosphere, dumping, burning, and littering, shall nevertheless retain title to such solid waste, and shall be fully responsible for all reasonable costs incurred by the Village or its agent in the proper collection, processing, remediation, containment, disposal, and other actions required for the proper disposal of such solid waste.
The Village Board of Trustees will adopt, amend repeal such rules and regulations as in its discretion are necessary or desirable to carry out, interpret and enforce the intent and purposes of this article. Notwithstanding this power, any failure to adopt and promulgate such rules and regulations shall not impair the enforceability of this article in a court of competent jurisdiction.
A. 
Nothing in this article shall be construed to adversely affect existing recycling operations in the Village. Any such operations currently underway are encouraged to continue. Owners and operators of such existing recycling operations shall take appropriate reasonable steps to comply with the provisions of this article as soon as practical after such provisions become effective.
B. 
Nothing in this article shall be construed to adversely affect or interfere with the terms of contracts existing as of the date of enactment of this article. However, in order to assure that implementation of this article and the programs and regulations promulgated hereunder will not be hindered, any contract entered into, renewed or amended after the date of enactment hereof shall be consistent with the provisions of this article and all regulations promulgated hereunder and in effect at the time of such contract or its renewal or amendment.
C. 
Nothing in this article shall be construed to prohibit or require the permitting of recycling operations undertaken for the exclusive purposes of fund raising for non-profit organizations including, but not limited to, paper drives and beverage can collections to recover deposits, for such operations as the Boy Scouts of America, churches, schools, civic groups, and the like.
D. 
Nothing in this article shall be construed so as to prohibit or require the permitting of a bottle or can redemption center operated for the collection of bottles and cans for which a deposit is required at the time of purchase.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A violation of this article shall be punishable by a fine of not more than $250, imprisonment for not more than 15 days, or both such fine and imprisonment.
[7-16-2007 by L.L. No. 2-2007]
No person shall place or deposit or, as owner, agent or tenant, allow or permit to remain in or upon any land or the surface of the same any "rubbish," as defined in § 228-10B, which tends to or does create a nuisance or which tends to or does serve as a breeding place for flies or mosquitoes or as a source of food for rats or which tends to or does increase the fire hazard of neighboring property. Rubbish may be contained in suitable watertight containers for proper disposal pursuant to § 228-10.
A. 
No person shall place or deposit or, as owner, agent or tenant, allow or permit to remain in or upon private property or any property of the Village of Adams, particularly the margin between the sidewalk and the street, any rubbish, as set forth herein, except on the day of regularly scheduled trash pickup for that property in suitable watertight containers; excepting any annual Village-sponsored rubbish removal drives.
B. 
"Rubbish" shall mean any refuse, filth, dirt, waste matter, sweepings, garbage, putrescible matter, decomposable or organic matter, carcass, sewage, excrement, swill, slops, malodorous or obnoxious liquids or substances, compost, ashes, soot, tin cans, leaves, brush, weeds, grass, straw, hay, excelsior, shavings, barrels, crates, boxes, litter, easily combustible matter, used furniture or appliances or other substance or material offensive or dangerous to the public or detrimental to its health.
If the provisions of the foregoing sections are violated, the Zoning Officer may proceed under the provisions of this article to remove such rubbish. The Village Board of Trustees may designate representatives of various Village departments to assist the Zoning Officer in citing and correcting the aforementioned nuisances.
Violators of §§ 228-9 and 228-10 shall be subject to a written citation to correct such conditions within 48 hours or be required to appear in Village of Adams Court to answer the citation following the expiration of the forty-eight-hour period. If the condition is corrected within the forty-eight-hour grace period, then the person cited shall be deemed to have complied with requirements of this section and shall not be required to appear in court.
Any person, firm or corporation violating any provision of this article shall, upon conviction, be subject to a fine of not less than $50 nor more than $250 for a first offense; not less then $100 nor more than $250 for a second offense; and not less than $200 nor more than $250 for a third, or more, offenses, all within the same calendar year. Each day of a continued violation is a separate and distinct offense. In addition to the aforementioned fines, the Village of Adams shall be entitled to seek reimbursement for any costs it may incur in the removal of such rubbish, pursuant to § 228-11, and such reimbursement may be ordered by the Village Court in the assessment of fines, penalties and restitution of costs incurred by the Village of Adams.