This chapter shall be known as the "Solid Waste
Management Law of the Town of Webster."
The Town Board of the Town of Webster finds
that:
A.
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.
B.
The New York Solid
Waste Management Act of 1988 requires that municipalities adopt a
local law or ordinance by September 1, 1992, to require that solid
waste which has been left for collection or which is delivered by
the generator of such waste to a solid waste management facility shall
be separated into recyclable, reusable or other components for which
economic markets for alternate uses exist.
This chapter is adopted pursuant to Chapter
541 of the Laws of 1976, as amended, and Chapter 552 of the Laws of
1980 of the State of New York, as amended, in order to:
A.
Protect and promote
the health, safety and welfare of the people of the Town of Webster
and their property values by controlling the storage, collection and
disposal of refuse within the Town of Webster. The primary focus of
this chapter is to address issues specific to residential properties
and their associated solid waste management needs, however portions
of this chapter also apply equally to commercial properties within
the Town of Webster.
B.
Implement the
express policy of the State of New York encouraging solid waste reduction
through recycling.
As used in this chapter, the following terms
shall have the meanings indicated:
The Solid Waste Administrator of Monroe County.
Any and all permitted or specifically exempt facility or
facilities for processing, reprocessing and/or recycling recyclable
materials which are specified in the rules and regulations promulgated
pursuant to this chapter. This term shall exclude incineration facilities,
waste-to-energy facilities and landfills.
Waste materials of large size typically constructed of sheet
metal or wood and/or which cannot be readily collected and/or disposed
of in its original size and shape. Bulk refuse includes, but is not
limited to, large appliances, such as stoves, refrigerators, washing
machines, hot-water heaters and dish washers; household furnishings,
such as tables, chairs, sofas, bed frames, broken furniture and mattresses;
and derimmed vehicle tires up to 16 inches in size. Other waste materials
may be categorized as bulky waste in the future at the discretion
of the Commissioner of Public Works or his/her division head, agent,
designee or Code Enforcement Official.
[Amended 6-17-2010 by L.L. No. 5-2010; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
The individual whose specific duties include the tasks of
inspection of equipment, property and procedures for compliance with
local ordinances and empowered by the Town to issue appearance tickets
in response to alleged violations of those local ordinances.
[Amended 6-17-2010 by L.L. No. 5-2010]
Uncontaminated solid waste resulting from the construction,
remodeling, repair and demolition of structures, roads, driveways,
sidewalks and gutters and includes but is not limited to road waste,
such as asphaltic pavement, gravel, stone, soil and concrete, and
remodeling waste such as bricks, concrete and other masonry materials,
wood, wall coverings, plaster, drywall, plumbing fixtures, nonasbestos
insulation, roofing shingles, unsealed plastics and electrical fixtures
and wiring.
Putrescible solid waste, including animal and vegetable waste
resulting from the handling, storage, sale, preparation, cooking or
serving of foods. Garbage/rubbish originates primarily in home kitchens,
stores, markets, restaurants and other places where food is stored,
prepared or served. Garbage/rubbish includes but is not limited to
food waste, rags, packaging, clothing, sweepings, ashes, crockery,
shells, some wastepaper, and dry material such as paper, cans, bottles
and other containers and ashes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All waste under 6 NYCRR Part 371, Including but is not limited
to used oil, paints, solvents, drain cleaners, pesticides and herbicides.
Hazardous wastes generally exhibit one or more of the following characteristics:
ignitability, corrosivity, reactivity, carcinogenicity or toxicity.
Commemorations recognized by law, and includes Christmas
Day, New Year's Day, Thanksgiving Day, Memorial Day, Independence
Day and Labor Day.
Household waste which, but for its point of generation, would
be a hazardous waste under 6 NYCRR Part 371. Household hazardous waste
includes but is not limited to used oil, paints, solvents, drain cleaners,
pesticides and herbicides. Hazardous wastes generally exhibit one
or more of the following characteristics: ignitability, corrosivity,
reactivity, carcinogenicity or toxicity.
Any individual, firm, partnership, company, corporation,
association, society, group or other legal entity.
Solid waste that exhibits the potential to be used in the
place of a virgin material and includes but is not limited to the
following:
ALUMINUMAluminum products and containers
fabricated primarily of aluminum and commonly used for soda, beer,
beverages or other food or drink products and other aluminum products.
BOXBOARDWood-pulp-based material
which is usually smooth on both sides with a corrugated center; commonly
used for boxes; excludes material with wax coating.
CORRUGATEDWood-pulp-based material
which is usually smooth on both sides with a corrugated center; commonly
used for boxes; excludes material with wax coating.
GLASS BOTTLESNew and used glass
food and beverage containers which have been rinsed and are free of
food contamination, including clear (flint), green and brown (amber)
colored glass bottles. Glass shall not include ceramics, plate glass,
auto glass, Pyrex, leaded glass, mirrored glass or flat glass.
MAGAZINESMagazines, glossy catalogs
and other glossy paper.
HIGH-GRADE PAPERWhite and colored
office bond, duplicating paper, computer paper and other high-quality
paper.
LARGE APPLIANCESAlso known as "white
goods," include but are not limited to stoves, refrigerators, dishwashers,
dryers, washing machines, water heaters and other large appliances
and scrap metal and excluding air conditioners, microwaves and televisions.
METAL CANSContainers fabricated
primarily of steel or tin, or bimetal cans of steel, tin and/or aluminum,
but not including aluminum cans.
NEWSPRINTCommon, inexpensive machine-finished
paper made chiefly from wood pulp and used for newspapers. This term
excludes magazines.
PLASTICSIncludes high-density polyethylene
(HDPE) with the recycling numerical code 2, primarily milk and water
jugs and cooking oil bottles; low-density polyethylene (LDPE) with
the numerical code 4; and polyethylene terephthalate (PET) with the
numerical code 1, primarily one- and two-liter soft drink containers.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
WOOD WASTEIncludes logs, pallets
and other wood materials.
CONSTRUCTION AND DEMOLITION DEBRISMaterial resulting from the construction, renovation, equipping,
remodeling, repair and demolition of structures and roads; and material
consisting of vegetation resulting from land clearing and grubbing,
utility line maintenance and seasonal and storm-related cleanup. Such
material includes, but is not limited to, bricks, concrete and other
masonry materials, soil, rock, wood, wall coverings, plaster, drywall,
plumbing fixtures, nonasbestos insulation, roofing shingles, asphaltic
pavement, glass, plastics, electrical wiring and components, carpeting,
foam padding, linoleum and metals that are incidental to any of the
above.
YARD WASTEGarden debris, brush,
small or chipped branches, stumps and logs.
Anything putrescible or nonputrescible that is discarded
or rejected as useless or worthless and is eligible for collection
under this chapter. "Refuse" does not include hazardous waste or recyclables.
Any person, firm, corporation or legal entity licensed to
carry on the business of receiving, collecting, transporting or disposing
of garbage, refuse, construction and demolition material, yard waste,
recyclables and bulk refuse for hire within the Town of Webster.
A refuse or recycle receptacle provided by a person's refuse
collector mounted on an axle with wheels and which has an attached
lid that protects the contents from rain, wind and other elements.
The container is designed to attach to either the side or rear of
a collection vehicle and be lifted by a mechanical cart lifter into
the hopper portion of the collection vehicle so that the contents
can be emptied into the collection vehicle prior to compaction into
the body of the collection vehicle.[1]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The segregation of recyclable materials and other recoverable
materials from solid waste at the point of generation for separate
collection, sale or other disposition.
Includes source separation; recycling programs; changes to
the packaging portion of the waste stream to reduce solid waste generated;
activities and enterprises of scrap dealers, processors and consumers;
and other programs designed to reduce the volume of solid waste or
enhance reclamation and recovery of solid waste or recyclable materials
otherwise destined for the municipal waste stream. For purposes of
this definition, such "waste stream reduction programs" shall not
include the processing of waste for incineration or disposal by landfill
or other means.
