This chapter shall be known as the "Solid Waste Local Law."
The Town of Webb accepts the mandate of the County of Herkimer, the Oneida-Herkimer Solid Waste Management Authority and the State of New York to provide for the regular and reliable collection of solid waste and recyclable material and to participate in the integrated program for the appropriate disposal of such waste and materials consistent with the current laws and regulations. This new Chapter
400, enacted in 2023, revises the requirements to maintain consistency with the mandates and to ensure fair and predictable access to the facilities and services.
This compulsory program is designed to dispose of all solid
waste and/or recyclable material in an appropriate and acceptable
manner. No person, persons or organizations will be exempt from participating
in the program.
As used in this chapter, the following terms shall have the
following meanings:
AUTHORITY
The Oneida-Herkimer Solid Waste Management Authority.
BOARD
The Town Board of the Town of Webb.
CONSTRUCTION AND DEMOLITION DEBRIS
Waste resulting from construction, remodeling, repair and
demolition of structures, road building and land clearing. Such wastes
include, but are not limited to, bricks, concrete, stones, road spoils,
paving material, lumber, shingles, drywall, insulation material and
tree and brush stumps.
COUNTY
The County of Herkimer.
GARBAGE
Putrescible waste, both animal and vegetable, resulting from
the handling, storage, sale, preparation, cooking and/or serving of
foods. Household garbage originates primarily in home kitchens, stores,
markets, restaurants and other places where food is stored, prepared
or served.
GREEN WASTE
Grass clippings, leaves, cuttings, weeds and other debris
from tree and shrubbery trimming.
HAZARDOUS WASTES
Includes pesticides, pesticide residue and all containers
containing the same, used motor oil, automobile batteries, paint,
tar, and chemicals, waste, oil or other materials determined by the
Authority or Superintendent to be hazardous.
LARGE HOUSEHOLD FURNISHINGS
All other large and/or bulky articles used in the home and
which equip it for living (such as chairs, sofas, tables, beds, carpets,
etc.).
MAJOR APPLIANCES
Large and/or bulky household mechanisms (such as refrigerator,
washer, dryer, stove, etc.) ordinarily operated by gas or electric
current.
RECYCLABLE MATERIAL(S)
Any material which, under any applicable law, is not hazardous
and which may be separated from the waste stream and held for its
material recycling or reuse value.
RECYCLABLES
Any material designated, from time to time, by the county
or the Authority pursuant to contract with the county which, under
any applicable law or regulation, is not hazardous and which is separated
from the waste stream and held for its material recycling or reuse
value.
SOLID WASTE
All putrescible and nonputrescible solid wastes, including,
but not limited to, material 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 manufacturing
by-products, including, but not limited to, garbage, refuse, industrial,
commercial and agricultural waste, sludge from air or water pollution
control facilities or water supply treatment facilities, rubbish,
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 waste which appears on the list or satisfies the characteristics
of hazardous waste promulgated by the Commissioner of Environmental
Conservation.
SOURCE SEPARATION
The segregation of recyclable materials from the solid waste
stream at the point of generation for separate collection, sale or
other disposition.
SUPERINTENDENT
The Town of Webb Department of Public Works Superintendent.
No person shall dispose of garbage, rubbish, trash or recyclables,
except pursuant to the following standards:
A. All garbage, trash and refuse shall be placed in plastic bags, not
exceeding 40 pounds in weight or 40 gallons in capacity.
B. Recyclable materials, as designated by the Authority, shall be separated
in accordance with Authority regulations and be placed in recyclable
bins approved by the Authority. Recyclable shredded paper must be
in transparent bags.
C. All garbage bags and recyclable bins shall be placed alongside the
curb or roadside, not earlier than 6:00 a.m. on the morning of the
scheduled pickup. However, up to two thirty-two-gallon garbage cans
will be received per day. All debris must be cut to fit within the
cans so that no protrusions from the cans exist.
D. Prior to placing the bags or bins at the curb or roadside, all of
the waste shall be source-separated and packaged in accordance with
the regulations established by the Authority and the Superintendent.
E. All bags, bins, garbage and recyclable material not picked up or
collected shall be removed from the curb or roadside area prior to
6:00 p.m. on the day of collection. The Town of Webb will not pick
up unbagged garbage lying on the ground, whether or not caused by
animals, birds or any other causes.
F. The Town of Webb will not pick up any unbagged garbage or recyclable
material not in bins. Any garbage or debris left lying on the ground,
whether caused by animals, birds or other cause, shall be the responsibility
of the property owner.
The property owner or lessee of any property, with the permission
of the Superintendent, may use a dumpster to collect or accumulate
garbage, and the Town will collect the garbage from the dumpster upon
the following conditions:
A. The property owner or lessee must source-separate as required by
this chapter.
B. No dumpster shall be located in or on a public right-of-way. Dumpsters
shall be set back a minimum of 20 feet from any road or right-of-way
and a minimum of one foot from any property line.
C. Where possible, the dumpsters shall be enclosed by a solid fence,
hedge, shrubbery or the like. All dumpsters enclosed by a fence must
have gates maintained by the property owner and must be easily accessible
from the outside of the fence for Town employees to operate at collection.
D. The property owner must maintain a minimum of three feet of clear
space around the dumpster. Plowing and/or shoveling of snow around
and on top of the dumpster is the responsibility of the owner, not
the Town. Snow must be removed around the gates and enclosures so
that there can be access to the dumpster.
E. The Board may require removal of any dumpster deemed to be unsightly,
a public nuisance or not properly cleaned or maintained or a threat
to public health on three days' notice to the users thereof.