[Adopted 1-20-1977 as Ch. 174 of
the 1977 Code]
No person shall dump, place or dispose of any
substances, including but not limited to sludge, cinders, ashes or
refuse of any type whatever, in any of the streams, tributaries or
waterways within the jurisdiction of the Town of Irondequoit.
[Amended 2-4-1997 by L.L. No. 1-1997]
The violation of this article shall be deemed a misdemeanor, punishable as provided in §
1-16. Each separate offense shall constitute a separate violation. The provisions hereof are in addition to the regulations, restrictions and requirements contained in the Environmental Conservation Law.
[Adopted 9-17-1991 by L.L. No. 7-1991]
This article shall be known as the "Solid Waste
Management Law of the Town of Irondequoit."
[Amended 5-2-1995 by L.L. No. 10-1995; 7-20-1999 by L.L. No. 5-1999]
As used in this article, unless the context
or subject matter otherwise requires, the following terms shall have
the meanings indicated:
AUTHORIZED RECYCLING FACILITY OR FACILITIES
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 article. This term shall exclude incineration facilities,
waste-to-energy facilities and landfills.
BULKY REFUSE
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. Bulky refuse includes but it not
limited to large appliances such as stoves, refrigerators, washing
machines, hot water heaters and dishwashers, household furniture and
mattresses, derimmed vehicle tires up to 16 inches in size, carpeting,
foam padding and linoleum. Other waste materials may be categorized
as "bulky waste" in the future by the Commissioner of Public Works/Superintendent
of Highways with the approval of the Town Board.
COMPOSTING
The converting of yard waste into usable organic materials
through controlled decomposition within a containment structure.
CONSTRUCTION AND DEMOLITION WASTE
Uncontaminated solid waste resulting from the construction,
renovation, equipping, remodeling, repair and demolition of structures,
roads, driveways, sidewalks and gutters, including but not limited
to road waste, such as asphaltic pavement, gravel, stone, soil and
concrete, and remodeling waste, such as bricks, concrete and other
masonry material, wood, wall coverings, plaster, drywall, plumbing
fixtures, nonasbestos insulation, roofing shingles, unsealed plastic
and electrical fixtures and wiring, and tree removal waste, such as
stumps and logs.
CONTAINERS
All containers must be of a sufficient strength and construction
to contain the material to be disposed of in said container and must
comply with all other restrictions on containers as set forth in this
article.
DUMPSTER ENCLOSURE
Structures utilized to enclose dumpsters in zoning districts
other than single family residential districts.
GARBAGE/RUBBISH
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, packing, clothing, sweepings, ashes, crockery,
shells and some wastepaper.
HOLIDAYS
Commerations recognized by law, including Christmas Day,
New Year's Day, Thanksgiving Day, Memorial Day, Independence Day and
Labor Day.
HOUSEHOLD HAZARDOUS WASTE
Household waste which but for its point of generation would
be a hazardous waste under 6 NYCRR 371, as amended or changed. 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.
PERSON
Any individual, firm, partnership, company, corporation,
association, society, group or other legal entity.
RECYCLABLE MATERIALS
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:
A.
ALUMINUMAluminum products and containers fabricated primarily of aluminum and commonly used for beer, soda, beverage or other food or drink products and other aluminum products.
B.
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, including stumps and logs, utility line maintenance and seasonal and storm-related cleanup. Such material includes but is not limited to bricks, concrete and coverings, plaster, drywall, plumbing fixtures, nonasbestos insulation, roofing and shingles, asphaltic pavement, glass, plastics, electrical wiring and components, carpeting, foam padding, linoleum and metals that are incidental to any of the above.
C.
CORRUGATED CARDBOARDWoodpulp-based material which is usually smooth on both sides with a corrugated center, commonly used for shipping boxes, retail store displays, some retail folding carton packaging and in lighter calipers, fast food packaging. Corrugated excludes material with wax coating.
D.
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.
E.
HIGH-GRADE PAPERWhite and colored office bond, duplicating paper, computer paper and other high-quality paper.
F.
LARGE APPLIANCESStoves, refrigerators, dishwashers, dryers, washing machines, water heaters and other large appliances and scrap metal and excluding air conditioners, microwaves and televisions.
G.
MAGAZINESMagazines, glossy catalogs and other glossy paper.
H.
METAL CANSContainers fabricated primarily of steel or tin, or bimetal cans of steel, tin and/or aluminum, but not including aluminum cans.
I.
NEWSPRINTCommon, inexpensive machine-finished paper made chiefly from woodpulp and used for newspaper. This term excludes magazines.
J.
PAPERBOARDWood-pulp based materials which are generally smooth on both sides commonly used for retail folding carton packaging. Typical varieties are solid bleached sulfate (SBS), solid unbleached sulfate (SUS), thermal mechanical pulp (TMP) and clay coated news (CCN).
K.
PLASTICSHigh-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 terepthalate (PET) with the numerical code 1, primarily one- and two-liter soft drink containers. Such containers are identified with the New York State Recycling Code, generally on the bottom of the containers, such as diagrammed below on Appendix A attached.
M.
YARD WASTEGrass clippings, leaves, garden debris, brush and small or chipped branches. Christmas trees shall be treated as brush. Brush includes sticks and small branches which do not exceed four feet in length and are tied in bundles.
N.
YARD WASTE FOR COMPOSTINGIncludes fallen leaves, grass and hedge clippings, weeds, the remains of garden plants and materials which result from normal care of residential lawns, shrubs and gardens.
REFUSE
Anything putrescible or nonputrescible that is discarded
or rejected as useless or worthless and is eligible for collection
under this article. Refuse does not include hazardous waste or recyclables.
REFUSE COLLECTOR
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 Irondequoit.
ROLL-OUT CART
A garbage/rubbish container 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. The size of the cart shall not
exceed 100 gallons.
SOURCE SEPARATION
The segregation of recyclable materials and other recoverable
materials from solid waste at the point of generation for separate
collection, sale or other disposition.
TOWN
The Town of Irondequoit.
WASTE STREAM REDUCTION PROGRAM
Source separation, recycling program, changes to packing
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.
A bond in the sum of $20,000 shall be executed
by every person or corporation engaged in the refuse collection business
within the town and shall be filed with the Town Clerk before such
license shall be issued. Such bond shall be conditioned that said
license shall comply with the laws, codes, ordinances and regulations
of the State of New York, County of Monroe, Town of Irondequoit, and
all lawfully issued orders of the Town Board and that the town will
be indemnified and held harmless from any and all claims for any and
all claims for any damages or liabilities, including attorney's fees,
caused by or arising out of any act or omission of the licensee, his
or her agents or employees or by his or her failure to comply with
applicable statutes, ordinances, rules, regulations or orders. Said
bond shall be in such form and contain such sureties as shall be approved
by the Town Board and the Town Attorney.
Every license issued by the Town Clerk pursuant
to this article shall be subject to the following conditions and to
such other reasonable conditions as may be imposed by the Town Board.
All requirements of licensing must be complied with by January 31
of each year.
A. Watertight, enclosed vehicle bodies equipped with
compaction unit. Vehicles used by refuse collectors in the collection
and transportation of garbage or rubbish within the Town of Irondequoit
shall have watertight, enclosed bodies, to the extent practicable
by existing technologies, and shall be equipped with a compaction
unit. Licensees shall be allowed to use open service trucks only for
emergency use and also for the purpose of collecting bulk refuse and
recyclables. The determination of emergency conditions shall be in
the sole discretion of the Commissioner of Public Works/Superintendent
of Highways. Vehicles used by refuse collectors in the collection
and transportation of garbage or rubbish within the Town of Irondequoit
shall be clearly identified on both sides with the name and telephone
number of the refuse hauler.
B. Inspection of vehicles used by collectors. All vehicles
used by refuse collectors shall be available for inspection by the
Commissioner of Public Works/Superintendent of Highways or any other
person or persons whom he or she may designate as his or her agent
prior to the issuance of any license pursuant to the provisions of
this article. Such vehicles shall pass inspection if they comply with
the applicable provisions of this article and any other such standards
promulgated and issued by the Commissioner of Public Works/Superintendent
of Highways with the approval of the Town Board.
C. Refuse collector's fees. All refuse collectors shall
submit a list of their fees charged. All prices shall be subject to
approval of Town Board. There shall be no increase in price or additional
charge to any individual without the consent of the Town Board. This
does not apply to those items refuse collectors are not obliged to
pick up by this article.
[Amended 5-2-1995 by L.L. No. 10-1995]
Upon payment of the license fee and approval
by the Commissioner of Public Works/Superintendent of Highways or
such other person as may be designated by the Town Board of the application
therefor, the Town Clerk shall issue a license to the owner, together
with a decal which shall be affixed to a conspicuous and an indispensable
part of each and every vehicle, used in such collections and transportation
as set forth in this article, on which shall be set forth clearly
the official number of such license with the words "Town of Irondequoit
Solid Waste Collection License."
Renewal licenses shall be issued in the same
manner and subject to the same conditions as original licenses and
any additional requirements the town may deem necessary in consideration
of the health, safety and welfare of the town, its residents and property.
No license or permit issued under the provisions
of this article shall be transferable.
Each refuse collector must provide forthwith
and at all times during the term of the license provided a telephone
number and be prepared to receive and answer messages for a minimum
of eight hours every business day of the year, from the hours of 8:00
a.m. to 4:00 p.m. Each refuse collector shall respond to each inquiry,
complaint or message within 24 hours.
No individual, whether owner, officer, partner
or director of a corporation, will be eligible for a license if the
applicant shall have been convicted of a misdemeanor or felony which,
in the judgment of the Town Board, renders the applicant unfit or
undesirable to carry on with the duties involved with a refuse collector.
No person and/or resident, collector or employee
shall be under the influence of drugs and/or alcohol or use gross
discourteous language during collection or when discussing business
over the telephone.
[Amended 7-20-1999 by L.L. No. 5-1999]
Any changes in ownership where the license is
not affected must be reported to the Town Board within five days.
No refuse collector shall refuse to render service
when asked by any person located within the refuse collector's primary
service area. Terms and conditions of providing collection service
shall be agreed upon between the individual and the refuse collector,
but shall be uniform for all customers and shall not discriminate
for other than valid business reasons. The refuse collector shall
continue to provide service during any dispute with any person, but
shall have the right to appeal to the Commissioner of Public Works/Superintendent
of Highways relative to continuing the service to any person. The
Commissioner of Public Works/Superintendent of Highways shall render
a decision within 30 days of the written presentation of the appeal
to him or her.
[Amended 7-20-1999 by L.L. No. 5-1999]
All collectors must offer, in addition to their
normal full service rate, at least one optional low-volume rate to
their customers. This low-volume rate must provide for weekly pickup
of recyclable, as well as small amounts of, garbage/rubbish. The pickup
of bulky refuse, construction and demolition waste and yard waste
would not be included without an extra charge to low-volume rate customers.
All collectors must provide, annually and upon request, to each of
their current customers, and those wishing to become customers, a
printed menu detailing the different types of service the collector
offers to residential customers.
[Amended 2-4-1997 by L.L. No. 1-1997; 8-18-1998 by L.L. No. 1-1998; 7-20-1999 by L.L. No. 5-1999; 11-20-2007 by L.L. No.
6-2007]
A. Every owner of any residence, building or place of business within the Town shall provide for, or cause to be provided, and at all times keep suitable and sufficient receptacles, as defined in §
192-25 of this article, for receiving and containing garbage and garbage/rubbish that may accumulate or be used upon said premises. Every owner of any residence, building or place of business must be able to demonstrate that the residence, building or place of business is serviced by a refuse collector or a legal disposal facility. Failure to provide proof of refuse collection when requested by the Code Enforcement Official will constitute a violation of this article and subject to penalties for offenses as outlined in §
192-31. Except as otherwise provided in this article, refuse receptacles must be stored behind the front foundation line of the primary structure, and/or accessory structure attached thereto or within an enclosed building or dumpster enclosure. For the purposes of this article, properties located on a corner lot, both street frontages shall be deemed to be front yards.
B. Dumpster enclosure requirement. Dumpsters are required
to be enclosed as per site plan approval or in a manner approved by
the Director of Community Development and/or his/her designee, as
to provide screening from neighboring property. Dumpster lids are
to be closed at all times and shall not spread offensive odors or
their contents to neighboring property. In addition, the dumpster
pad shall be kept clean, and the dumpster shall remain accessible
for collection at all times.
No person shall throw or deposit or cause to
be thrown or deposited any refuse, hazardous waste or recyclable materials
in or upon any portion of a public right-of-way, street or place or
on any property not owned or occupied by him or her, nor in any refuse
container not owned, leased or rented by him or her within the town.
[Amended 7-20-1999 by L.L. No. 5-1999]
Recyclables shall be prepared for collection
in accordance with guidelines provided by the refuse collectors and
approved or otherwise established by the town. Refuse collectors shall
provide curb side collection of recyclables. Recyclables to be picked
up must be set out in appropriate containers as specified by the Commissioner
of Public Works/Superintendent of Highways or any subsequent and pertinent
ordinance or law or as designated by the refuse collectors and shall
not be placed at the curb before 4:00 p.m. of the day preceding the
scheduled pickup day. Empty containers must be returned and stored
behind the front foundation line of the primary structure or within
an enclosed building or dumpster enclosure as required under this
article by the end of the service day.
[Amended 5-2-1995 by L.L. No. 10-1995]
A. All brush must be cut to a length of not more than
four feet. All branches/brush under two inches in diameter must be
bundled. Material two inches in diameter and larger may also be bundled.
The bundles must be bound with rope or twine (not wire), should not
weigh more than 50 pounds and should not be more than 16 inches across.
B. In the fall, leaves shall be collected by the refuse
collectors. All leaves must be in containers approved by the Commission
of Public Works/Superintendent of Highways. Wheelbarrows, lawn carts
and fifty-five-gallon drums are not considered suitable containers
for the collection of leaves. Leaves must not be mixed with other
refuse materials set out for collection. Leaf collection in the town
may begin on or about October 15 of each year and ending on or about
December 31 of each year.
C. Grass clippings will not be collected by either the
town or by refuse collectors as part of their regular service.
D. If a resident contracts with a private lawn service
or tree removal service, it is the responsibility of the hired contractor
to properly remove and dispose of material generated by his or her
work.
[Amended 10-18-1994 by L.L. No. 8-1994; 7-20-1999 by L.L. No. 5-1999; 11-20-2007 by L.L. No. 6-2007]
A. Garbage/rubbish shall be stored in proper containers.
Such receptacles shall be containers of sufficient capacity, and said
containers shall have handles and a tight-fitting cover and shall
be watertight and shall have a capacity of not less than 18 gallons
nor more than 32 gallons. All such receptacles shall be securely closed
at all times. However, roll-out carts are acceptable and are not limited
by the gallon restrictions herein. Wheelbarrows, lawn carts, fifty-five-gallon
drums, fiber barrels and wastebaskets are prohibited containers for
collection or disposal of garbage/refuse.
B. No containers may be placed at the curb before 4:00
p.m. of the day preceding the scheduled pickup day. Empty containers
shall be removed from the curbside or other place of collection by
the occupants of the premises by the end of the day on which collection
is made from the premises.
[Amended 4-18-2023 by L.L. No. 3-2023]
[Amended 11-20-2007 by L.L. No. 6-2007]
A. It shall be unlawful for any person, firm or corporation to engage in the business of receiving, collecting or transporting residential and/or commercial refuse in the Town of Irondequoit without first obtaining a license in accordance with §
192-6 of this article.
B. It shall be unlawful for any person, firm or corporation to fail to adhere to the provisions of §§
192-19 through
192-21 of this article, relating to the storage of refuse.
C. It shall be unlawful for any person, firm or corporation to fail to prepare materials for collection in the manners specified in §§
192-22 through
192-25 of this article.
D. It shall be unlawful for any person, firm or corporation to fail to adhere to the provisions of §§
192-26 and
192-27 of this article relating to the collection and disposition of refuse, household hazardous waste and recyclables.
E. It shall be unlawful for any person, firm or corporation to fail to adhere to the requirements of §
192-28 of this article relating to the special regulations applicable to the use of vehicles in the collection and transportation of refuse in the Town of Irondequoit.
F. It shall be unlawful for any person, firm or corporation
to violate any other provisions of this article.
G. It shall be unlawful to place, throw, deposit or dump or cause to be placed, thrown, deposited or dumped any refuse, residential refuse, building refuse, bulk refuse, commercial refuse, institutional refuse, waste, construction waste, hazardous waste, industrial waste, infectious waste and/or recyclable materials in or upon any premises, street (including the area between the sidewalk and the curb), sidewalk or park or in any litter basket, recycling bin or container placed in a right-of-way, park or public place, or provided for a special project or event. This section shall not apply to refuse placed for collection in front of the premises in which it originated, to filling for which a permit has been granted pursuant to Chapter
196 of the Town Code or to the deposit of litter and recyclables generated on the public right-of-way in Town litter baskets and street recycling bins by pedestrians and motorists, the placement of refuse generated in parks or other public places in provided receptacles, or to the deposit of refuse from special events or projects in containers placed for the collection of such refuse. Any motor vehicle used in connection with the commission of a violation of this section shall be towed in accordance with §
222-29 of the Town Code.
[Amended 8-18-1998 by L.L. No. 1-1998; 12-15-1998 by L.L. No. 8-1998; 7–20–1999 by L.L. No. 5–1999; 11-20-2007 by L.L. No.
6-2007]
A. Enforcement of this article shall be the responsibility
of the Commissioner of Public Works/Superintendent of Highways, the
Building Inspector, the Director of Community Development, the Chief
of Police or such other department officials or employees of the Town
and any other peace officer as may be designated by the Town Board.
B. Whenever it is found that there has been a violation
of this article or any rule or regulation adopted pursuant to this
article, a violation order may be issued by the Commissioner of Public
Works/Superintendent of Highways, the Director of Community Development,
the Chief of Police or their authorized designees to the person, firm
or corporation owning, operating or maintaining the premises and/or
the business by which such violation has been noted.
C. Violation orders shall be in writing and shall generally
identify the property and/or the business and the violation.
D. Violation orders and other orders and notices referred
to in this article, in the case of violations noted on a particular
property, shall be served on the owner or the owner's executors, legal
representatives, agents, lessees, tenant or other person having a
vested or contingent interest in the premises, either personally or
by certified or registered mail, addressed to the last known address,
as shown by the last preceding completed records of the Receiver of
Taxes or in the Office of the County Clerk. The notice shall specify
a time (not less than seven days from receipt of said notice) within
which the violation shall be corrected.
E. Violation orders and other orders or notices referred
to in this article, in the case of violations noted on the person,
firm or corporation engaged in the business of refuse storage, preparation
or collection, shall be served on the owner or some one of the owner's
executors, legal representatives, agents or other person having a
vested or contingent interest in the business, whether personally
or by certified mail, addressed to the last known address.
F. Whenever a notice referred to in Subsection
D of this section has been served upon the owner or the owner's executors, legal representatives, agents, lessees, tenant or other person having a vested or contingent interest in the premises and said noticee shall neglect or fail to comply with the requirements of such notice or notices within the time provided therein, the Commissioner of Public Works/Superintendent of Highways and/or the Director of Community Development shall authorize and complete the work to be done to correct the violation. The cost thereof shall be paid out of the general Town funds to be appropriated by the Town Board for such purposes.
G. Should the work be completed pursuant to Subsection
F of this section, the Town shall be reimbursed for the cost, including out-of-pocket administrative expenses of the work performed or services rendered by assessment and levy, as authorized by the Town Board, upon the lots or parcels of land wherein such work was performed or such services rendered, and the cost so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges.
H. The Commissioner of Public Works/Superintendent of
Highways, the Director of' Community Development, the Chief of Police
or their authorized designees shall have the authority to issue an
appearance ticket subscribed by him or her, directing a designated
person to appear in a designated local criminal court at a designated
future time in connection with the alleged commission of a designated
violation of this article or any other order made thereunder.