The City of North Tonawanda finds that:
A. The New York State Solid Waste Management Act of 1988 requires that municipalities adopt a local law or ordinance
by September 1, 1992, for separating solid waste into recyclable,
reusable or other components for which economic markets for alternate
uses exist.
B. Continued use of landfills for solid waste disposal poses a concern
to human health and safety through increased risks of groundwater
pollution and other environmental, health and safety hazards.
C. Removal of certain materials from the solid waste stream will decrease
the flow of solid waste to landfills, aid in the conservation of valuable
resources and reduce the required capacity of existing and proposed
resource facilities.
D. Landfill capacity is not adequate to meet New York State's long term
solid waste disposal needs.
E. Methods of solid waste management emphasizing source reduction, recovery,
conversion and recycling of solid wastes are essential to the long-range
preservation of health, safety and well-being of the public, to the
economic productivity and environmental quality of the City of North
Tonawanda and to the conservation of resources.
In enacting this chapter, the City of North Tonawanda supports
the following statutory purposes:
A. To increase the life expectancy of existing and potential landfill
areas and to decrease the need for alternative refuse disposal facilities
through a comprehensive program of waste stream reduction and recycling.
B. To identify the methods of collection, reduction and separation which
will encourage the more efficient utilization of solid waste disposal
facilities and contribute to more effective programs for the reuse
of solid wastes.
C. To conserve energy by using recovered materials in manufacturing.
D. To set forth a methodology for efficient separating and collecting
of reusable and recyclable materials from the community's waste stream.
E. To implement the applicable provisions of the New York State Solid
Waste Management Act of 1988 (Chapter 70).
As used in this chapter, the following terms shall have the
meanings indicated:
BRUSH
Cuttings from shrubs, hedges and trees which are less than
six inches in diameter.
CONSTRUCTION DEBRIS
Discarded building material, concrete stones, earth from
excavations or grading and all other refuse matter resulting from
the erection, repair or demolition of buildings, structures or other
improvements of property.
DANGEROUS WASTE
Wastes that represent an immediate threat to the safety of
the City employees. This includes jagged glass and sharp or protruding
objects (e.g., broken glass or nails).
GARBAGE
Animal and vegetable waste resulting from the handling, preparation,
cooking and consumption of food; table cleanings; offal from meat,
fish and fowl; fruit and vegetable parings; decaying vegetables, animal
and fruit matter.
GARBAGE RECEPTACLE
A permanent container which the City may issue from time
to time to the properties of residential and nonresidential producers
of garbage for public collection, including ninety-five-gallon or
other volume containers, for semi-automated or automated collection
methods. The residential or nonresidential producer shall use the
container furnished by the City and use it pursuant to this chapter
and the rules and regulations of the Superintendent. Nonresidential
producers using a solid waste collector other than the City to collect
garbage receptacles shall have them marked in such a way as to identify
the solid waste collector being utilized.
HAZARDOUS WASTES
A solid waste or a combination of solid wastes which, because
of its quantity, concentration or physical, chemical or infectious
characteristics, may cause or significantly contribute to an increase
in mortality or an increase in serious irreversible or incapacitating
reversible illness; or pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported or disposed of or otherwise managed. "Hazardous wastes"
generally display one or more of the qualities of ignitability, corrosivity,
reactivity or toxicity. This definition may include but is not limited
to the following products and their empty containers: insecticides,
herbicides, petroleum products, caustic chemicals, paint and batteries.
HEAVY PICKUP
Includes but is not limited to large household furnishings,
major appliances, large bulky items or items over 60 pounds in weight,
such as windows, gutters and bicycles.
LARGE HOUSEHOLD FURNISHINGS
All large or bulky articles other than major appliances used
in the home and which equip it for living (as chairs, sofas, tables,
beds, carpets, etc.).
MAJOR APPLIANCES
A large and/or bulky household mechanism (as a refrigerator,
washer, dryer, stove, etc.), ordinarily operated by gas or electric
current.
MULTIFAMILY RESIDENTIAL COMPLEX
Five or more residential apartments located on a single property
or continuous properties under common ownership, control or management.
NONRECYCLABLES
Plastic containers, rags, ashes, rubber, leather, crockery,
shells, clothing, and straw. Small quantities of lightweight interior
building materials that neatly fit in a garbage receptacle will be
considered nonrecyclable.
NONRESIDENTIAL PRODUCERS
Any producer of solid waste other than a residential producer,
including but not limited to commercial or industrial businesses,
schools, churches, post offices, restaurants and multifamily residential
complexes.
PERSON
An individual, owner, occupant, society, group, firm, partnership,
corporation or association of persons, and the singular number shall
include the plural number.
REAR YARD
A yard extending between the side lot lines of a lot and
situated between the rear lot line and the rear lines of the principal
building or use, projected to the side lot lines; in a corner lot,
a yard extending between the interior side lot line and the exterior
side yard and situated between the rear lot line and the rear line
of the principal building or use, projected to interior side lot line
and exterior side yard.
RECYCLABLES
Clean metal containers and cans; glass food containers and
bottles with metal rings and tops removed; discarded newspaper, cardboard
and flat paper.
A.
METAL CANSContainers fabricated mainly of metal or tin or a combination thereof which contained or formerly contained only food and/or beverage substances, but not including aluminum cans.
B.
GLASS BOTTLESTransparent or translucent jars, bottles and containers which are primarily used for packaging and bottling of various matters, but only those glass bottles that are green, amber (brown) or clear (flint) in color.
C.
NEWSPRINTThe common, inexpensive machine-finished paper made chiefly from wood pulp for newspapers, newspaper advertisements, supplements and enclosures. This term excludes magazines and glossy inserts.
D.
PAPERAll high-grade office paper, fine paper, bond xerographic paper, mimeo paper, duplication paper, magazines, paperback books, school paper, catalogs, junk mail, computer paper, telephone books and similar cellulosic material, but shall not mean newspaper, wax paper, plastic- or foil-coated paper, styrofoam, wax-coated food and beverage containers, carbon paper, blueprint paper, food-contaminated paper, soiled paper and cardboard.
E.
CARDBOARDWood-pulp-based material which is usually smooth on both sides with a corrugated center; commonly used for packing, mailing, shipping of containerized goods, merchandise or other material, but shall not mean wax-coated or soiled cardboard.
F.
PLASTIC CONTAINERSContainers used primarily for milk, water and similar items, most common being PET (polyethylene terephthalate) and HDPE (high-density polyethylene) but may selectively include other common plastic resin types.
G.
TELEVISIONSCOVERED ELECTRONIC EQUIPMENT — The NYS Electronic Equipment Recycling and Reuse Act (Environmental Conservation Law, Article 27, Title 26) classifies CEE as computers, computer peripherals, small electronic servers, small-scale servers and televisions, including any cable, cord or wiring accompanying the product. These include tube-type, flat screen and projection television sets. These materials are banned from disposal. Residents may deliver television sets to the Department of Public Works for recycling between the hours of 7:00 a.m. and 3:00 p.m., Monday through Friday, except holidays.
RECYCLING
Any process by which materials which would otherwise become
waste are collected, separated and/or processed, treated, reclaimed,
used or reused to produce raw material or product.
RESIDENTIAL PRODUCERS
Those persons, owners or occupants of one-, two-, three-,
or four-family dwelling units which produce solid waste and are used
exclusively for residential purposes.
SOLID WASTE
Garbage, nonrecyclables, recyclables, plumbing fixtures,
major appliances, large household furnishings, yard organics and tree
parts.
TREE PARTS
Cuttings from shrubs, hedges and trees which are more than
six inches in diameter.
WASTE CONTAINER
Any container or vessel used for the bulk collection of waste
material. This shall include but is not limited to dumpsters, front-end
loaders, lugger boxes and roll-offs.
YARD ORGANICS
Leaves, grass clippings, cuttings up to two inches in diameter
and other mulch-like organic materials. This does not include tree
roots, trunks and stumps.
This chapter shall take effect upon being adopted by the Common
Council and publication in the official newspaper of the City of North
Tonawanda.