[HISTORY: Adopted by the Board of Trustees of the Village of Minoa
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-3-1985 as Ch.
72 of the 1985 Code]
This article shall be known and may be cited as the "Garbage, Rubbish,
Trash and Weed Law of the Village of Minoa."
As used in this article, unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
Every accumulation of both animal and vegetable matter, liquid or
otherwise, which accumulates in the preparation of food, and all sorts of
meat, fish, fowl or vegetables which are stored or dealt in and are subject
to decay.
The owner or owners of the fee to the premises.
Papers, rags, empty cans, bottles, grass cuttings and similar waste.
Any waste, leaves, hay, weeds, straw, litter, wastepaper, brush,
shrubbery, boxes, appliances, furniture, pieces of wood, packages and similar
waste materials and any filthy, combustible or flammable material. Appliances
and furniture shall include such items as sofas, chairs, washers, dryers,
hot water heaters, boilers, etc.
Grass, weeds and all other rank, poisonous or harmful vegetation.
No rubbish, garbage, trash or weeds shall be deposited at the curb for
collection before 12:00 noon of the day preceding the morning set for the
collection.
Except as otherwise provided in this article, all garbage deposited
for collection shall be wrapped in paper and contained in a tightly covered,
watertight galvanized iron or other nonrusting metal or plastic cans, having
handles and a capacity of not less than 10 nor more than 30 gallons per can
and filled no higher than to within four inches from the top, or in waterproof,
unbroken sealed garbage bags of similar capacity. Garbage, rubbish and trash
shall not be permitted to become wet or to freeze. Any trash can that does
not conform to the provisions of this article or that may have ragged or sharp
edges or any other defect tending to hamper or injure the persons collecting
the contents thereof shall itself be deemed to be garbage and may be collected
and disposed of by the parties making collection as trash.
All containers shall be set out in plain view from the street and shall
be within six feet from the edge of the pavement.
No person, except the owner or his or her agent, shall remove or disturb
any trash, garbage, rubbish or weeds which have been placed for and are waiting
for removal.
No containers for garbage, rubbish or trash shall be left remaining
at the edge of the pavement later than 9:00 p.m. of the day of collection.
Not more than 10 containers weighing not more than 75 pounds per container
will be collected per pickup. Any brush, tree trimmings or shrubbery must
be tied in bundles not to exceed three feet in length, two feet in diameter
or 75 pounds in weight.
[Amended 3-20-2000 by L.L.
No. 1-2000]
Building materials such as those discarded during construction or remodeling
of residences or businesses shall not be collected and shall not be put out
for collection.
No garbage, rubbish or trash or any other waste or discarded matter
shall be burned outdoors at any time or place within the Village.
[Added 7-18-1995 by L.L.
No. 2-1995]
No owner or other Village resident shall accept, permit or otherwise
allow any rubbish, garbage, trash or weeds generated outside of the Village
of Minoa to be brought upon any real property owned by such owner or upon
any real property at which such resident resides, or to be deposited at such
real property for the purposes of collection or pickup by the Village of Minoa
or any private garbage hauler. No person residing outside of the Village of
Minoa shall deposit or leave within the Village of Minoa, with or without
the permission of any resident of the Village or any owner of any real property
within the Village, any rubbish, garbage, trash or weeds generated outside
of the Village of Minoa.
[Amended 3-20-2000 by L.L.
No. 1-2000]
Any person who violates any of the provisions of this article shall be guilty of a violation pursuant to the Penal Law and, upon conviction thereof, shall be subject to the fines, penalties and other provisions set forth in Chapter 113.
[1]
Editor's Note: This local law also repealed former Art. II, Licensing
of Solid Waste Haulers, adopted 5-1-1990 by L.L. No. 1-1990 (Ch. 73 of the
1985 Code), as amended.
The reduction of the amount of solid waste and conservation of recyclable materials are important public concerns because of the increasing cost of solid waste collection and disposal and its impact on the environment. The separation and collection of recyclable materials serves the general public's interest in our Village by reducing the amount of solid waste and will otherwise comply with the Onondaga County Source Separation Law (Local Law No. 12 of 1989) and other applicable provisions of law. In 1988, in the interest of public health, safety and welfare and in order to conserve energy and natural resources, the State of New York enacted a New York State Solid Waste Management Act which established the following solid waste hierarchy: waste reduction, reuse, recycling and waste-to-energy (see New York Environmental Conservation Law § 27-0106) with land burial as a last resort only when reuse, recycling or waste-to-energy were unavailable. Section B-35 of the State Solid Waste Management Plan - 1997-1998 Update recommended that Onondaga County take immediate steps to develop environmentally acceptable facilities to manage the solid waste generated in the county. In December 1991 Onondaga County adopted a comprehensive Solid Waste Management Plan, which was amended in 1993 and approved by the State Department of Environmental Conservation. The county plan, as amended, applicable to municipalities within the County, preferred waste-to-energy as a safe and sanitary alternative to the threat to the groundwater supply and other liabilities posed by the burying of such waste. Those reasons are further delineated in Section 5 of the aforementioned county plan. Public Authorities Law § 2045-e(7) and (8) allows the Onondaga County Resource Recovery Agency to contract with municipalities for the delivery of such waste and, in furtherance thereof, to process such solid waste. In compliance with both the state and county solid waste management plans, the Village has determined that all solid waste, both residential and commercial, generated in the Village and destined for disposal in the State of New York, may not be disposed of at any place other than the approved disposal site designated by the Village Board in § 132-14 hereof. This Article II will also establish and refine regulations requiring the licensing of municipal haulers and governing hauler services for the collection and disposal of solid waste materials. This Article II shall not regulate or otherwise restrict any disposal of solid waste generated within the Village that is to be disposed of out-of-state or any handling of recyclable materials separated from the rest of the solid waste in accordance with Onondaga County's Source Separation Law or regulate the price, route or service of any motor carrier with respect to the transportation of property prohibited by the Federal Aviation Administration Authorization Act of 1994, as amended (49 U.S.C.A. § 14501 et. seq.).
The Onondaga County Resource Recovery Agency.
Any facility operated by or designated by the Agency. Agency facilities
include the Agency transfer stations at Ley Creek and Rock Cut Road, Rock
Cut Road waste-to-energy facility, Agency landfill (when built), Agency yard
waste composting facilities at Jamesville and Amboy, construction and demolition
processing facility at Ley Creek and Agency-designated materials recovery
facilities.
The Onondaga County waste-to-energy facility on Rock Cut Road in
the Town of Onondaga.
Discarded building material, concrete, stones, earth from excavations
or grading and all other refuse material resulting from the erection, repair
or demolition of buildings, structures or other improvements of property.
The County of Onondaga.
Those recyclables designated by the County of Onondaga and the Onondaga
County Resource Recovery Agency pursuant to Local Law No. 12 of 1989, including
the following:
CORRUGATED PAPERCardboard containers, boxes and packaging, including pizza boxes, which are cleaned of contamination by food wastes, or polystyrene commonly called "styrofoam," and which have been flattened for transport.
GLASSEmpty, washed glass jars, bottles and containers of clear, green and amber (brown) that contained food and drink, caps removed. This term excludes ceramic, window glass, auto glass, minor and kitchenware.
METALAll ferrous and nonferrous metals, including steel, aluminum and composite cans and containers (cleaned of food wastes) and empty aerosol cans that did not contain hazardous material. Scrap metal, wire, pipes, tubing, motors, sheet metal, etc., are recyclable but must be recycled through scrap dealers.
NEWSPAPERS, MAGAZINES AND CATALOGSIncludes common machine-finished paper made chiefly from wood pulp used for printing newspapers, as well as glossy inserts, magazines and catalogs. All must be free of contaminants.
OFFICE PAPERAll bond paper and also computer printout, stationery, photocopy and ledger paper of any color from all waste generators. Paper should, if possible, be free of tape, adhesives, labels, rubber bands, paper clips, binders and other contaminants. This term excludes carbon paper, chemical transfer paper and tyvek or plastic-coated envelopes.
PLASTICSAll HDPE and PET-type plastic bottles (#1 and #2), including empty, washed food, beverage, detergent, bleach and hair care containers with lids removed. This term excludes all photographic film, vinyl, rigid and foam plastic materials, as well as plastics numbered 3 through 7 and HDPE oil bottles, as well as #1 and #2 containers that are not bottles or did not contain hazardous material.
KRAFT PAPERAs found in brown paper bags and package wrapping.
BEVERAGE CARTONSIncludes gable-topped paper cartons that contained milk and juice products.
PAPERBOARDPaper packaging as found in cereal, cracker and tissue boxes, etc., and toilet tissue and paper towel tubes.
MIXED PAPERIncludes discarded and bulk mail, computer paper, colored paper, greeting cards, wrapping paper and carbonless multipart forms; excludes any paper coated with foil or plastic.
That street curb immediately in front of the property from which
solid waste material and recyclables to be collected are generated or, in
the absence of an actual curb, that portion of the property which is immediately
adjacent to the street.
The use of collection receptacles for residential, commercial, and
institutional solid waste generators and the regular periodic pickup and transfer
of the contents of such receptacles by a hauler at the location of a waste
generator.
A household residing in a dwelling of four units or less and which
is required to utilize recycling containers.
Any person, company or firm who engages in the collection, transportation,
disposal or delivery of solid waste within our Village, other than the Village
of Minoa itself
Any waste (excluding household hazardous waste) which is defined or
regulated as a hazardous waste, toxic substance, hazardous chemical substance
or mixture, or asbestos (regulated waste) under federal, state or local law,
or under rules, regulations, policies or guidelines issued in relation thereof,
as they may be amended from time to time, including, but not limited to:
The Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section
6901 et seq., as amended by the Hazardous and Solid Waste Amendments of 1984)
and the regulations contained in 40 CFR Parts 260 to 281;
The Toxic Substances Control Act (15 U.S.C. Section 2601 et seq.) and
the regulations contained in 40 CFR Parts 761 to 766;
The State Environmental Conservation Law (Title 9 of Article 27) and
the regulations contained in 6 N.Y.C.R.R. Parts 370, 371, 372, 373 (Subpart
373-3);
Radioactive materials which are source, special nuclear or by-product
material as defined by the Atomic Energy Act of 1954 (42 U.S.C. Section 2011
et seq.) and the regulations contained in 10 CFR Part 40; or
Any other material that by federal, state or local law, or under rules,
regulations, policies, guidelines or orders having the force of law in relation
thereto, are regulated as harmful, toxic or hazardous to health and ineligible
for processing at the Agency facility.
All other large and/or bulky articles actually used in the home and
which equip it for living such as chairs, sofas, tables, beds or carpets.
A large and/or bulky household mechanism such as a refrigerator,
washer, dryer, stove, furnace or hot water tank.
A private or public facility for receiving and processing recyclables
into marketable commodities.
Any solid waste which is generated in the diagnosis, treatment or
immunization of human beings or animals, in research pertaining thereto, or
in the production or testing of biologicals.
The license issued by the Village to a hauler as a prerequisite to
performing solid waste collection services within the Village's municipal
limits.
A natural person, association, partnership, firm, corporation, limited-liability
company, trust, estate or governmental unit and any other entity whatsoever
(other than the Village of Minoa itself).
Those recyclable materials, including county-designated recyclable
materials, which can be practically separated from nonrecyclable waste for
which reuse markets can be accessed for less than the cost of disposal.
The blue bin or other container supplied by the Agency, county, the
Village or their designees for the use by eligible households within the Village.
Such containers shall be used exclusively for the storage of county-designated
recyclable materials. Such containers shall at all times remain the property
of the Agency.
The Onondaga County Source Separation Law, Local Law No. 12, adopted
March 6, 1989, as subsequently amended.
Those medical wastes that have been listed in 6 NYCRR 364.9, Paragraph
(c)(1), and that must be managed in accordance with the requirements of that
part.
All 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, including, but not limited to, garbage, refuse, residential,
governmental, commercial and/or light industrial refuse, but shall not include
recyclables, yard and garden waste, human wastes, rendering wastes, demolition
wastes, residue from incinerators or other destructive systems for processing
waste (other than now-existing individual building incinerators, the residue
from which is presently collected as part of normal refuse collection practices),
junked automobiles, pathological, medical, toxic, explosive, radioactive material
or other waste material which, under existing or future federal, state or
local laws, requires special handling in its collection or disposal.
Onondaga County's solid waste management system as operated by the
Onondaga County Resource Recovery Agency and every aspect thereof, including,
but not limited to, the Rock Cut Road waste-to-energy facility, Agency landfill
(when built), yard waste composting facilities at Jamesville and Amboy, construction
and demolition processing facility at Ley Creek and the Rock Cut Road and
Ley Creek transfer stations.
Any person which produces solid waste requiring off-site disposal.
Garden waste, leaves, grass clippings, weeds and brush.
It shall be a precondition of doing business as a hauler in the Village
that the person intending to conduct such business obtain a municipal hauler
license and a Village sticker. An application on a form approved and provided
by the Village must be submitted to the Village Clerk in which the person
satisfactorily shall be bound by the following provisions:
A.
The hauler will deliver all solid waste it collects within the Village and destined for disposal in the State of New York to the approved disposal site specified in § 132-14 above. It shall be unlawful to unload or deposit any solid waste hauled from any premises within the limits of the Village and destined for disposal in the State of New York at any place other than the approved disposal site specified by the Village in § 132-14 above. Any hauler failing to dispose of said solid waste at the approved disposal site so designated shall be subject to having its license revoked.
B.
The hauler will supply a plan of operation for collection
and transportation and which provides for a recycling plan as required by
Onondaga County Local Law No. 12 of 1989 as it applies to haulers, which it
shall adhere to and comply with. The hauler shall agree to provide for the
collection of county-designated recyclable materials in every waste hauler
disposal agreement, written or oral, as part of its standard service and to
include the cost of such collection in its standard waste collection rates.
A.
The hauler shall attach a municipal sticker which must
be visibly and securely affixed to the driver's side vent window or upper
part of the driver's side of the windshield of each of the hauler vehicles
in operation.
Municipal hauler licenses issued pursuant to this article shall be effective
for an annual term from January 1 through December 31 (one calendar year).
A.
The Village shall have the right to cancel any existing
municipal hauler license upon 30 days' written notice to the hauler if the
Village shall enact legislation establishing a new system for collection of
solid waste in the Village that is inconsistent with the continuation of said
license.
B.
The Village shall revoke a municipal hauler license upon the happening of any or a combination of the following: Failure of the hauler to comply with any provision of this article, including but not limited to §§ 132-15 and 132-16. Prior to any such revocation, the hauler shall be notified by the Village of an opportunity for a hearing in the matter, which hearing shall be held not less than five days after the hauler is notified in writing by the Village of the pending license revocation and the charges against it. All hearings shall be on a date and time and at a place determined by the Village. All hearings shall be informal and held before the Village Mayor or his/her designee. Compliance with technical rules of evidence shall not be required, and the decision of the Village Mayor or his/her designee shall be final.
The Village hereby adopts as its source separation legislation, required
pursuant to the General Municipal Law, § 120-aa, the Onondaga County
Source Separation Law (i.e., Local Law No. 12 of 1989) as adopted by the Onondaga
County Legislature and subsequently amended under its terms.
A.
No hauler shall dispose of county-designated recyclable
materials picked up in the Village as solid waste nor shall any hauler accept
county-designated recyclable materials for disposal as solid waste.
B.
Recycling containers shall at all times remain the property
of the Agency or Village, as the case may be, and are provided for the use
and convenience of eligible households in complying with this chapter. No
hauler shall:
(1)
Remove a recycling container from the Village;
(2)
Willfully destroy a recycling container;
(3)
Dispose of a recycling container other than by returning
such container to the Village at a designated location; or
(4)
Use a recycling container for other than the temporary
storage of county-designated recyclable materials.
The Village Board may, by resolution, designate and impose such fees
as it deems reasonable and appropriate in relation to the collection and disposal
of any solid waste. After any such fees are imposed, the manner of implementation
and collection shall be by regulation of the Village Board or its designee
not inconsistent with the terms of the resolution imposing such fees. The
Village Board may also, by resolution, from time to time, establish fees to
defray expenses in connection with the fee for the municipal hauler license
and administration of this article. Fees shall be paid by the applicant at
the time of application.
Haulers shall not collect solid waste in the Village on Sundays, Thanksgiving
or Christmas.
A.
In consideration of the Village issuing a municipal hauler
license to an applicant, the applicant shall agree, upon the issuance of such
license to the applicant, that the applicant shall indemnify, hold harmless
and defend the Village and its officers and employees from and against any
and all claims, demands, losses, damages, costs, payments, actions, recoveries,
judgments and expenses of every kind, nature and description, including without
limitation all engineers' and attorneys' fees, fines, penalties and clean-up
costs resulting from any such claim, etc., arising out of or connected in
any way with the applicant's acting as a hauler or the applicant's involvement
or participation in the collection, distribution or transportation of solid
waste.
B.
The hauler, as a condition of obtaining a municipal hauler
license, shall provide and maintain the following insurance coverages at limits
to be set from time to time by resolution of the Village Board:
C.
The public liability policy aforementioned shall name
the Village as an additional insured.
D.
Each policy of insurance shall be endorsed to contain
the following language:
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"The Village will be given 30 days' prior written notification of any
cancellation, nonrenewal or modification of this policy which reduces coverage
or limits at the following address: Village Clerk, Village of Minoa, 213 Osborne
Street, Minoa, New York 13116."
|
E.
Prior to the issuance of any municipal hauler license,
the hauler must provide to the Village Clerk proof of insurance coverage in
a form to be determined from time to time by resolution of the Village Board.
Haulers shall not operate in the Village earlier than 6:00 a.m. nor
later than 8:00 p.m.
Where certain solid waste, recyclables and/or other waste materials were not collected because those materials were not placed or prepared by the waste generator in accordance with the provisions of this Article II, the person who placed such materials for collection and the owner of the property adjoining the curb where such waste materials were placed shall remove those wastes from the location as soon as possible after the hauler has refused collection and, in any event, by 6:00 p.m. on the designated collection day.
The collection, removal, and carrying of solid waste, recyclables and/or
materials, and the transportation of solid waste, paper, and recyclables on
any highway, street, alley, or lane of the Village must be done in covered
vehicles. No hauler shall throw or scatter or cause to be scattered or deposited
or to escape from the vehicle any solid waste or recyclables on the streets
or public places.
Yard and garden waste may not be accepted for disposal at any Agency
facility but may be accepted for recycling at a yard waste composting facility
of the hauler's choice within the county or taken elsewhere.
Except as specifically permitted in this Article II, no hauler shall deposit or cause to be deposited or stored for more than one day upon any property any solid waste and/or recyclables, and dumping thereof is hereby prohibited. No leachate or other obnoxious or contaminating substance shall be allowed to drain from any hauler vehicle on the public streets.
No hauler shall suffer or permit solid waste to accumulate or remain
upon private premises, including extended storage in hauler vehicles owned
or operated by that hauler so that the same shall emit odors or become offensive
or dangerous to the public health or to any person or property.
No hauler shall bury or burn any solid waste and/or recyclables or cause
to be buried or burned any solid waste and/or recyclables, papers, trash,
hazardous waste and/or materials within the limits of the Village, unless
authorized to do so in writing by the Village Board.
This article shall also apply to all special events held in the Village.
The sponsor of said events shall be responsible for sorting all solid waste
materials into appropriate containers or bags and making all arrangements
for pickup and disposal of all solid waste materials. The hauler may charge
a fee to be determined from time to time, by resolution of the Village Board,
for such pickups and disposal.
A.
In addition to any revocation of the municipal hauler's license pursuant to this article, each day's violation or failure to comply with the provisions of this article shall be considered a new and separate offense, and subject to the penalties set forth in § 132-32.
B.
In addition to the above-provided penalties and revocations,
or in lieu thereof, the Village Board may also institute and maintain an action
or proceeding in the name of the Village in a court of competent jurisdiction
to compel compliance with or to restrain by temporary restraining order, preliminary
and/or permanent injunction any violation of this article.
C.
This article shall be enforced by the Village Code Enforcement
Officer, the Town of Manlius Police Department, the Village Superintendent
of Public Works, Onondaga County Sheriffs Department, New York State Police,
Department of Environmental Conservation Officers and/or all local law enforcement
agencies.
The failure of a hauler to comply with the provisions of this article shall be considered a violation subject to the following specified fines for each offense pursuant to § 80.05(4) of the Penal Law as well as for corporate officers, directors and officials except for corporations in their corporate capacity which shall be fined pursuant to § 80.10 of the Penal Law. In addition, such violation shall subject the violator to the costs, fines, remedies and other provisions of Chapter 113 of the Code. Each day's violation shall be considered a new and separate offense subject to a separate penalty as fixed below. Any fines collected under this article shall inure to the Village and shall be deposited in the Village general fund to use as it deems appropriate.
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Section
|
Violation
|
Fine
|
|---|---|---|
|
132-15
|
Failure to obtain a municipal hauler license
|
$250.00
|
|
132-15
|
Failure to deliver all solid waste collected within the Village and
destined for disposal within New York State to the Village-approved disposal
site
|
$250.00, plus revocation of license
|
|
132-16A
|
Failure to attach a municipal sticker to the hauler vehicle
|
$250.00
|
|
132-16B
|
Duplication or imitating the municipal sticker or engaging in the selling
of the municipal sticker
|
$250.00, plus renovation of license
|
|
132-19A
|
Accepting and/or disposing of county-designated recyclable materials
as solid waste
|
$200.00
|
|
132-19B
|
Removing, destroying or disposing of a recycling container or using
same for other than storage of a county-designated recyclable
|
$150.00
|
|
132-21
|
Engaging in the collection of solid waste and/or recyclables on Sundays,
Thanksgiving or Christmas
|
$50.00
|
|
132-22D
|
Failure to notify the Village, of any cancellation, nonrenewal or modification
of required insurance policy30 days prior written notice
|
$50.00
|
|
132-23
|
Failure to comply with the designated hours of operation
|
$200.00
|
|
132-24
|
Failure to remove uncollected solid waste improperly set out for disposal
|
$100.00
|
|
132-25
|
Throwing, scattering or allowing deposit of any solid waste and/or county-designated
recyclables or other waste upon the streets
|
$100.00
|
|
132-25
|
Engaging in the collection of solid waste and/or county-designated recyclables
in a noncovered vehicle
|
$100.00
|
|
132-27
|
Dumping or depositing any solid waste and/or recyclable material upon
any property; draining leachate from hauler vehicle
|
$100.00
|
|
132-28
|
Allowing solid waste or other waste material and recyclables to accumulate
upon any property so that it becomes obnoxious, unsightly or offensive
|
$250.00
|
|
132-29
|
Any hauler engaging in the burial or private burning of solid waste
and/or recyclables, papers, trash, hazardous waste and/or materials within
the limits of the Village
|
$250.00
|
Notwithstanding anything else provided in this Article II to the contrary (except for the next sentence) the provisions of this article shall not be applicable to the Village of Minoa in its collection of solid waste, recyclables and other materials within the Village. Notwithstanding the preceding sentence, the Village shall deliver all solid waste it collects within the Village and destined for disposal within New York State to the approved disposal site specified in § 132-14 above.
All equipment to be used by any hauler shall comply with all requirements
established by resolution of the Village Board as such equipment
requirements may be amended or supplemented from time to time by resolution
of the Village Board.
