[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.
The Village of Adams Board of Trustees.
Solid waste generated by retail businesses or stores, offices,
institutions, governments, restaurants, warehouses, nonmanufacturing
activities in industrial facilities and agricultural enterprises.
The Solid Waste Committee of the Village of Adams Board of
Trustees, or its successor.
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.
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.
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.
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.
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.
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.
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.
Any individual, company, partnership, association, firm,
corporation, municipality or any other entity.
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.
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:
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 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.
The Jefferson County Recycling Facility.
The separation from solid waste materials of a material or
materials and subsequent reuse thereof by the waste generator.
Regulations promulgated by the Village.
Any individual who is a legal resident of Village or any
individual who is a temporary resident of Village.
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.
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.
Adams, New York.
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.
Any person or legal entity which produces solid waste requiring
off-site disposal.
That portion of solid waste remaining after all recyclables
and reusable materials have been separated.
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.
No person shall place or deposit any rubbish upon any property
of another.
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.
