[HISTORY: Adopted by the Town Board of the Town of Niskayuna: Art. I, 1-19-1981. Section 129-15 amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Other amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 69.
Open fires — See Ch. 107.
[Adopted 1-19-1981]
[Amended 10-21-2021 by L.L. No. 6-2021]
Only rubbish and garbage, as herein defined, may be deposited at the Niskayuna transfer station and recycling center.
[Amended 10-21-2021 by L.L. No. 6-2021]
As used in this article, the following terms shall have the meanings indicated:
GARBAGE
Includes waste food and any other matter which shall be capable of fermentation and degradation excluding hazardous waste.
RUBBISH
Includes waste material, tin cans, ashes, cinders, glass, discarded paper, cardboard, wood, lumber, brush, and all other nonhazardous materials; excepting, however, any automobiles or vehicles or any part or parts thereof; and further excepting, however, any brush, tree stumps, tree trunks or branches and further excepting, however, any waste materials from septic tanks, cesspools or any other sewerage disposal system.
[Amended 10-21-2021 by L.L. No. 6-2021]
A. 
This article shall apply to the transfer station area off River Road in the Town of Niskayuna now used by said Town for the purpose of a transfer station operation.
B. 
The use of any lands, other than those described in Subsection A above, within the Town of Niskayuna as a dump and/or dumping ground or as a sanitary landfill/transfer station area is hereby prohibited.
[Amended 10-21-2021 by L.L. No. 6-2021]
All garbage and rubbish transported, brought and/or carried to the transfer station area of the Town of Niskayuna shall be contained securely and battened down within or upon the vehicles transporting the same.
[Amended 9-1-1992 by L.L. No. 3-1992; 10-21-2021 by L.L. No. 6-2021]
A. 
No person shall carry or leave or cause to be carried or left upon the transfer station area described in § 129-3A of this article any automobile or vehicle or any part or parts thereof.
B. 
No person shall carry or leave or cause to be carried or left upon the transfer station area described in § 129-3A of this article any tree stumps.
C. 
No person shall carry or leave or cause to be carried or left upon the transfer station area described in § 129-3A of this article any waste materials from septic tanks, cesspools or any other sewage disposal system.
D. 
All hazardous wastes as defined by the Environmental Protection Agency regulations are prohibited.
E. 
All household refuse (nonrecyclables) brought to the Niskayuna Transfer Station and Recycling Center shall be packaged in clear plastic bags.
[Amended 10-21-2021 by L.L. No. 6-2021]
No person shall deposit or cause to be deposited any substance of any kind on the above-described transfer station area, except at the places and in the manner directed by the person in charge of said transfer station area under authority of the Niskayuna Town Board, whether such direction shall be given personally or by another person by this authority or by a sign or signs erected upon the premises by this authority.
[Amended 10-21-2021 by L.L. No. 6-2021]
No material or substance of any kind shall be burned at the above-described transfer station area.
[Amended 10-21-2021 by L.L. No. 6-2021]
No person shall pick over, take or otherwise remove any rubbish or garbage that has been disposed of or left at the transfer station area unless authorized by the Town Board.
[Amended 10-21-2021 by L.L. No. 6-2021]
The above-described transfer station area shall be open during hours set by the Niskayuna Town Board and posted at the direction of said Town Board. All entry upon and/or use of said transfer station area at times other than during the hours which it is open as aforesaid is hereby prohibited except for personnel of the Town of Niskayuna authorized by the Town Board to enter upon and/or work at the transfer station area during times when said sanitary landfill area is closed.
[Amended 5-21-1991 by L.L. No. 3-1991; 10-21-2021 by L.L. No. 6-2021]
The disposal and dumping in the above-described transfer station area of garbage and/or rubbish collected or accumulated beyond the boundaries of the Town of Niskayuna is hereby prohibited unless authorized under the terms of an intermunicipal agreement entered into by the Boards of the Town of Niskayuna and the Town of Glenville and/or the Village of Scotia.
[Amended 6-19-1990; 10-21-2021 by L.L. No. 6-2021]
A. 
If required by resolution of the Town Board at any time after the adoption of this article, all residents of the Town of Niskayuna who use their own vehicles and/or trailers attached thereto for conveying their garbage and/or rubbish to the above-described transfer station area shall register and obtain a permit annually from the Niskayuna Town Clerk upon payment of a fee to be set by the Town Board. The resident transfer station permit shall be distinct in color and shall be attached to the vehicle of the permittee.
B. 
Resident transfer station permits shall be for the period covering April 1 of a calendar year through March 31 of the following year, unless a different period of effectiveness is directed by the Town Board.
C. 
A resident may obtain from the Town Clerk a three-day/use temporary permit, for a fee to be established from time to time by resolution of the Town Board, to use a vehicle other than a vehicle owned by the resident to transport and dispose of only the resident’s own refuse. Said temporary permit shall be issued only once per quarter. A tipping fee shall be charged each resident based upon the amount of refuse disposed of at the transfer station and recycling center.
D. 
A resident may obtain from the Town Clerk a temporary one-day permit, for a fee to be established from time to time by resolution of the Town Board, to dispose of only the resident’s own refuse. A tipping fee shall be charged each resident based upon the amount of refuse disposed of at the transfer station.
[Amended 12-20-1988; 10-21-2021 by L.L. No. 6-2021]
A. 
All garbage and rubbish collectors operating in the Town of Niskayuna shall be required to obtain a license to be issued by the Niskayuna Town Clerk upon payment by the applicant of a fee of $100 for the first truck and a further fee of $50 for each additional truck or conveyance used to collect garbage and rubbish in the Town of Niskayuna or such other sum as may hereafter be determined by resolution of the Town Board. Licensing shall be subject to approval by the Superintendent of Water, Sewer and Engineering.
B. 
Licensees under this section shall collect garbage and/or rubbish in the Town of Niskayuna only between times established by the Niskayuna Town Board.
C. 
All license applications shall be investigated by the Superintendent of Water Sewer and Engineering. No license shall be issued by the Town Clerk unless the Superintendent of Water Sewer and Engineering shall have approved the application. They may call upon the Niskayuna Police Department to assist in the investigation, if necessary.
D. 
All garbage and refuse collectors, contractors, businesses and commercial enterprises licensed pursuant to this article shall file a certificate of insurance from an insurance carrier showing in force a policy of automobile bodily injury, property damage, combined limit $500,000, said certificate or certificates to be filed with the Niskayuna Town Clerk.
E. 
The Town Board of the Town of Niskayuna may, by resolution, establish a schedule of charges and/or fees to be levied upon all garbage and refuse collectors, contractors, businesses and commercial enterprises using the transfer station.
F. 
All licenses issued for each calendar year shall be for the period covering January 1 through December 31 of that year, except that licenses issued subsequent to January 1 of that year shall be for the period extending from the date of issuance through December 31 of that year. The above-described fees shall not be prorated when a license is issued for a portion of a calendar year. Licenses for each calendar year may be secured on or after November 1 of the preceding calendar year, to be effective on January 1 of that year.
[Amended 10-21-2021 by L.L. No. 6-2021]
It shall be violation of this article to deposit or cause to be deposited any garbage and/or rubbish on the premises of the above-described transfer station area without first obtaining the license provided for in this article or a resident transfer station permit.
[Amended 11-19-1991 by L.L. No. 13-1991]
Any person, firm or corporation who shall violate any of the provisions of this Article or fail to comply therewith or with any of the provisions thereof shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed $1,000 for each offense or to imprisonment for a period not to exceed one year, or both such fine and imprisonment.
[Amended 10-21-2021 by L.L. No. 6-2021]
The Town Board shall have authority under this article to establish the position of Transfer Station Attendant and to appoint a person(s) to fill said position.
[Amended 10-21-2021 by L.L. No. 6-2021]
The Superintendent of Water and Sewer and Engineering is charged with the inspection of all trucks and other carriers transporting garbage and/or rubbish prior to issuance and renewal of licenses and during the period that licenses are in effect and also with the enforcement of all provisions of this article.
[Amended 10-21-2021 by L.L. No. 6-2021]
In addition to the penalties hereinbefore provided for, the Town Board of the Town of Niskayuna may, after a public hearing thereon at which the licensee or holder of a resident transfer station permit shall have an opportunity to be heard, revoke any license or resident transfer station and recycling center permit issued under the authority of this article if said Town Board determines that the holder of such license or resident transfer station and recycling center permit has violated the provisions of this article.
[Added 9-1-1992 by L.L. No. 3-1992; 10-21-2021 by L.L. No. 6-2021]
The Town Board of the Town of Niskayuna may, by resolution, establish a schedule of charges and/or fees to be levied upon any and all garbage, rubbish, refuse and recyclables in connection with the use of the Niskayuna Transfer Station and Recycling Center.