This article shall be known as the "Town of Newstead Solid Waste Law."
The purpose of this article shall be to protect and promote the health,
safety and welfare of the people of the Town of Newstead and their property
values by controlling the storage, collection and disposal of solid waste
within the Town of Newstead and to foster and encourage the reduction, reuse
and recycling of solid waste through mandatory recycling as required by the
Solid Waste Management Act of 1988 of the State of New York, and no persons
shall dispose of solid waste of any kind whatsoever except pursuant to and
in accordance with this article.
For the purpose of this chapter, the following terms shall have the
meanings indicated:
A person, individual, partnership or corporation or employer or agent
thereof authorized by contract or license with the municipality to collect
solid waste from residential, commercial and institutional properties as herein
defined under the terms and conditions of this chapter. In the event of municipal
collection, this definition shall include the governing body and employees
thereof.
Large items such as sofas, upholstered chairs, mattresses and box
springs but excluding white goods such as refrigerators, stoves, dishwashers,
washers, dryers, etc., which are considered recyclable.
The person, firm, agency or public body or employee or agent thereof
who is engaged in the collection of and/or transportation of solid waste.
All properties used for industrial or commercial purposes, including
but not limited to retail and wholesale establishments, apartments with more
than four units, trailer courts, offices, garages, gas stations, manufacturing
and repair establishments, banks, motels, restaurants and other similar and
related facilities.
A can, bin, box, bag or other unit used for storage of recyclable
materials.
Any solid waste management - resource recovery facility employed
beyond the initial solid waste collection process which is to be used, occupied
or employed for or is incidental to the receiving, transporting, storage or
processing or disposal of solid waste or the recovery by any means of any
material or energy product or resource therefrom, including recycling centers,
transfer stations, processing systems, resource recovery facilities, sanitary
landfills, plants and facilities for composting or landspreading of solid
wastes, secure land burial facilities, reprocessing and recycling facilities,
surface impoundments and waste oil storage, incinerators and other solid waste
disposal, reduction or conversion facilities
That portion of municipal solid waste consisting of putrescible materials
and shall include animal, vegetable, fruit and table scraps. It shall exclude
yard waste.
Solid waste that is especially harmful or potentially harmful to
the public health. This shall include but not be limited to explosives, toxic
materials and medical waste. For purposes of this chapter, hazardous waste
does not include small quantities of such waste available on a retail basis
to the homeowner (e.g., aerosol cans, pesticides, fertilizers, etc.).
An organization or establishment devoted to the promotion of a particular
object or cause, including schools, nursing homes and retirement homes, health
facilities, governmental facilities, libraries, fire halls, etc.
All putrescible and nonputrescible materials, including garbage,
refuse, bulkies, white goods and other discarded solid materials, including
but not limited to solid waste materials resulting from residential, industrial,
commercial and agricultural operations and from community activities. Liquids,
semisolids and contained gaseous materials are hereby defined as "solid waste."
It shall not include solids or dissolved material in domestic sewage or other
significant pollutants in water resources such as silt, dissolved or suspended
solids in industrial wastewater effluents, dissolved materials in irrigation
return flows or other common water pollutants. In addition, it shall not include
hazardous waste.
Any individual, firm, partnership, association, corporation, institution
or other entity.
An individual, firm, corporation or legal entity providing for the
collection of MSW and/or recyclable materials. To operate in the Town of Newstead,
they shall be required to obtain a license from the Town and shall be subject
to the rules and regulations of the Town.
The collection of MSW and recyclable materials where the resident
contracts directly with the private collector of the subscriber's choice.
Those materials specified by the municipality for separate collection
in accordance with recycling regulations. Such materials may include but are
not limited to:
METAL CONTAINERSContainers fabricated primarily of aluminum, steel or tin or bimetal cans of steel, tin and/or aluminum.
GLASS FOOD AND BEVERAGE CONTAINERSNew 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 and jars. Glass shall not include ceramics, plate glass, auto glass, Pyrex, leaded glass, mirrored glass or flat glass.
PLASTIC FOOD AND BEVERAGE CONTAINERSIncludes high-density polyethylene (HDPE) and polyethylene terephthalate (PET), designated respectively as No. 2 and No. 1 on the recycling code located on the containers.
NEWSPRINTCommon, inexpensive, machine-finished paper made chiefly from woodpulp and used for newspapers.
CORRUGATEDWoodpulp-based material which is usually smooth on both sides with a corrugated center, commonly used for boxes; excludes material with a wax coating.
HIGH-GRADE PAPERWhite and colored office bond, duplicating paper, computer paper and other high-quality paper.
MAGAZINESMagazines, glossy catalogs and other glossy paper.
WHITE GOODSStoves, refrigerators, dishwashers, dryers, washing machines, water heaters and other large appliances and scrap metal but excluding air conditioners, microwaves and televisions. The above materials will be reviewed quarterly and will be modified as the need arises by the Town Board.
The separation, collection, processing, recovery and sale or reuse
of metals, glass, paper, plastics and other materials which would otherwise
be disposed of as solid waste.
That portion of municipal solid waste consisting of nonputrescible
materials. It shall exclude bulkies and white goods.
Any person residing within the Town on a temporary or permanent basis,
but excluding persons residing in hotels or motels.
Properties used as dwellings, including buildings having up to and
including four dwelling units in one building. Multiple-dwelling residential
buildings containing more than four dwellings units, for purposes of this
chapter, shall be treated as commercial properties.
The purposeful, systematic control of the storage, collection, transportation,
processing and disposal of solid waste.
To separate the recyclable materials from the MSW stream at the point
of waste generation.
Organic yard and garden waste, leaves, grass clippings and brush.
A.
Every owner or occupier of any building, premises or
place of business within the Town of Newstead shall provide or cause to be
provided at all times suitable and sufficient containers for garbage and refuse
that may accumulate upon said premises.
B.
All garbage and refuse containers shall be watertight,
with proper, tight covers and handles or disposable plastic bags, securely
tied or fastened. No garbage and refuse container shall exceed 30 gallons'
capacity or weigh more than 65 pounds when filled.
C.
All garbage and refuse containers shall be designed for
such purposes, either of metal or plastic material, except that bushel baskets
with handles, disposable plastic bags or cartons of heavy cardboard or other
durable material, securely tied and fastened, may be used. No container basket,
bag or carton shall weigh more than 65 pounds when filled.
D.
Newspapers, magazines and other printed matter need not
be placed in a container but must be bundled and tied in a secure fashion.
E.
Portable transfer containers, designed to be transported
by motor vehicle, exceeding the capacity and weight authorized by this chapter
may be used for outdoor storage of refuse on premises occupied for commercial,
industrial, institutional or apartment uses. Such containers shall be emptied
or replaced whenever full and at least once each week if containing garbage.
Such containers shall be maintained in a manner so as to prevent dispersal
of the contents about the premises.
F.
All recyclables other than those set forth in § 338-4D shall be placed in recycling containers supplied by the Town of Newstead or their equivalent in the case of residential or commercial customers serviced directly by the Town of Newstead Refuse and Garbage District. All other private, industrial, institutional or commercial establishments shall provide suitable recycling containers dependent on their specific needs, which containers must prevent dispersal of the contents about the premises and shall be subject to the approval of the Code Enforcement Officer of the Town of Newstead.
A.
All bulkies, white goods (refrigerators, washers, stoves,
etc.) and other large items not capable of being enclosed in containers may
be placed at the curbline or pavement line for collection on the days specified
by the refuse collector. Such items may be placed for removal at other times
only with the prior permission of the Code Enforcement Officer. It shall be
the sole responsibility of the owner to dismantle or secure the appliance
or item of furniture so that it will not be a hazard to the public. Doors
or broken glass shall be properly secured or removed from the appliance or
item of furniture before placing it at the curb for collection. The refuse
collector may accept or decline collection of any such material in accordance
with his considered judgment of the ability of the refuse collector to handle
and dispose of such items. Collection and disposal by the refuse collector
of such appliances or items of furniture shall extend only to those appliances
or items of furniture actually used in a residence in the Town of Newstead.
The refuse collector will also have the right to refuse the collection of
any refuse which, in his opinion, is composed of in part or in violation of
any of the previously defined unacceptable wastes.
B.
Any contractor creating debris from construction or from
tree pruning or removal shall remove and dispose of said debris in a sanitary
manner at no such cost to the Town of Newstead. In the event that any such
debris results from work performed personally by an owner or resident, the
debris may be placed at the curb for collection and removal by the refuse
collector if the quantity of said debris does not exceed eight containers
and/or bundles of not more than 65 pounds in any week. Quantities of debris
in excess of this amount shall be removed by the property owner or resident
at his or her own expense.
C.
Tree trimmings, logs, tree branches and trunks shall
be cut to a length not exceeding four feet and securely tied in bundles not
more than two feet thick. In no event shall any bundle exceed 65 pounds in
weight.
D.
Holiday trees may be placed at the curbline or pavement
line for collection in December and January without being cut and bundled
as otherwise herein required.
E.
Private, institutional or commercial establishments shall
be required to secure portable transfer containers if disposition of refuse
requires, on a regular basis, eight or more containers for collection. It
shall be the responsibility of the owner or occupant of such establishment
to contract privately for the securing of portable transfer container services.
F.
Recyclable waste shall be placed at the curbline or pavement
line at the same time as regular weekly refuse in designated containers as
determined by the Town of Newstead. Recyclables are to be separated but next
to regular weekly refuse.
A.
The Town Board of the Town of Newstead shall designate
times for the removal of garbage and refuse from the streets of the Town.
B.
All garbage and refuse to be collected, except that in
portable transfer containers, shall be placed at the curb, but in no event
shall refuse for collection be placed at the curb before 6:00 p.m. of the
day preceding the scheduled collection.
C.
All containers shall be removed from the curbline or
other place of collection by the owner or occupant of premises before 11:00
p.m. in the evening of the day on which collection is made from the premises.
D.
All garbage and refuse containers, except temporary containers,
shall be stored in such fashion as to be screened from public view.
E.
All recycling containers, except those not collected
directly by the Town of Newstead Refuse and Garbage District, shall be placed
at the curb at the dates and times as may be specified from time to time by
resolution of the Town Board of the Town of Newstead.
A.
No person shall accumulate or permit the accumulation
of municipal solid waste on any premises owned or occupied by him or her within
the Town of Newstead except for the purpose of collection by the refuse collector.
B.
No person shall permit any municipal solid waste to accumulate
for a period of longer than seven days upon property owned or occupied by
said person in the municipality, except that in the case of recyclables, bulkies
or white goods, such goods may be allowed to accumulate for such longer period
specified by the Town if collection is provided for but on a longer period
between collections.
C.
Owners and occupiers of residential property are hereby
required to make accumulated municipal solid waste available for collection
as scheduled under the terms hereof.
D.
All municipal solid waste accumulated on any residential
property in the municipality shall be collected, conveyed and disposed of
by the municipality or by an authorized collector under contract with the
municipality (or by a licensed private collector under private subscription)
and in accordance with the provisions of this chapter.
E.
All municipal solid waste accumulated on commercial and
institutional properties shall be collected, conveyed and disposed of by authorized
collectors under contract with or licensed by the Town of Newstead. In such
case where a commercial or institutional establishment contracts directly
with a collector, the fee or payment shall be a matter of private agreement
between the owners or occupiers and the collector. When approved by the municipality,
owners of nonresidential properties may collect, convey and dispose of privately
generated municipal solid waste by their own containers and/or trucks, provided
that they comply with the provisions of this chapter applicable thereto and
New York State Department of Environmental Conservation regulations.
F.
The owner, lessee or occupant of every building within
the Town of Newstead shall keep the same free, clear and clean of all refuse,
maintain sidewalks and yard area free and clear of all refuse and, upon notice,
shall within five days cause to be removed any unsanitary or unsafe condition
on or about the premises owned, used or occupied by said person within the
Town of Newstead.
G.
Any compost or mulch pile within the limits of the Town
of Newstead shall be maintained in such fashion so as not to attract rodents
or cause the development of obnoxious odors or other hazards to the health
of the occupants of neighboring properties.
H.
Toxic, flammable or hazardous waste, the disposal of
which is routinely regulated by public authority, shall be disposed of in
a manner which is determined by said authority and/or by law.
I.
It shall be unlawful for any person to collect and dispose
of any municipal solid waste within the Town of Newstead except as provided
in this chapter.
A.
Owners and occupiers of all properties within the Town
of Newstead, exclusive of the Village of Akron, shall be required to source-separate
recyclable materials from municipal solid waste. Recyclable materials shall
not be commingled with other solid waste during collection, transportation
or storage following collection.
B.
Collectors collecting residential, commercial and/or
institutional MSW generated within the Town of Newstead shall refuse to collect
MSW from any person or party who has clearly failed to source-separate the
recyclable materials and/or who has not properly prepared the recyclable materials
to the specifications of the collector. A written explanation shall be provided
to the person or party of the reason for the refusal for collection of the
materials by the collector.
C.
The Town of Newstead shall from time to time determine
by resolution which items must be source-separated as recyclables. The list
of recyclables shall be posted on the Town sign board and published in a local
newspaper. Enforcement of items newly included on said list shall not take
place until 30 days following adoption. Any authorized collector shall have
the right to request the Town Board to remove any item from such list. Upon
receipt of satisfactory information indicating that such item would not be
required to be recycled in accordance with federal or state law or regulations
and that a market in such item is not readily available, the Town Board may,
in its reasonable discretion, delete said item from the list of recyclables.
A.
Only authorized collectors who are acting under authority
of the Town of Newstead shall collect, pick up, remove or cause to be collected,
picked up or removed any solid waste recyclable materials so placed for collection.
Each such unauthorized collection, pickup or removal shall constitute a separate
violation of this chapter; provided, however, that where the authorized collector
has refused to collect certain recyclable materials because they have not
been separated, placed or treated in accord with the provisions of this chapter,
the person responsible for initially placing those materials for collection
may and shall remove those materials from any curb, sidewalk or streetside.
B.
Nothing herein shall prevent any person from making arrangements
for the private collection, sale or donation of recyclable materials prior
to placement at the curbside.
A.
All authorized collectors must obtain a solid waste collection
license from the Town of Newstead. A fee for such license shall be set by
the governing body on an annual basis and all licenses shall be issued for
the calendar year or such portion thereof. There shall be no reduction in
the fee for a license issued after the beginning of any calendar year. The
Town of Newstead reserves the right to waive the license fee for collectors
collecting on behalf of the Town of Newstead under a municipal contract.
B.
All authorized collectors shall have the name of the
collector prominently displayed on each vehicle operated by or on behalf of
the authorized collector.
C.
Authorized collector applications may be denied if the
applicant or licensee has been adjudged or administratively determined to
have committed one or more violations of this chapter during the preceding
calendar year.
D.
All authorized collectors licensed by the Town of Newstead
shall indemnify and hold harmless the Town of Newstead for any pending, threatened
or actual claims, liability or expenses arising from waste disposal by the
authorized collector in violation of this chapter.
E.
Authorized collectors shall offer collection services
for all recyclable materials to all residential customers from whom they provide
MSW collection services at the same times and on the same days as services
are provided to their customers for solid waste collection.
F.
Required information.
(1)
Each collector who shall apply for a license under this
section shall state the manner of collection and the place and method of disposal
of the MSW and recyclable materials from its residential, commercial, industrial
and institutional customers. Each collector shall maintain separate monthly
records of solid waste and recyclable materials collected, transported or
disposed of by the authorized collector which include the following information:
(a)
The municipality or geographical area and number of units
in which the solid waste or recyclable material was generated.
(b)
The quantity, by ton, of solid waste and of each type
of recyclable material collected.
(c)
The quantity, by ton, of recyclable material delivered
to a recycling facility(ies) and the location of the recycling facility(ies).
(d)
The quantity, by ton, of solid waste delivered to each
facility.
(2)
Reports containing the information required as stated
above shall be compiled and delivered to the Town Clerk or other designated
individual for each reporting period as designated by the regulations, but
which shall be no more frequently than quarterly.
G.
Authorized collectors shall not accept for collection
MSW which has not been source-separated in conformity with this chapter.
A.
When the designated public official determines that a
failure to comply with this chapter may have occurred, she/he shall recommend
to the municipality that the authorized collector application or the license
be denied, suspended or revoked or its holder subjected to a reprimand or
fine or that the generator or originator of the solid waste or recyclable
materials be subject to sanctions, fines or penalties as described herein.
Notice and an opportunity to be heard shall be provided prior to the denial,
suspension or revocation of a solid waste license or authorized collector
permit or the issuance of a sanction, fine or penalty. The designated public
official shall be authorized to disregard de minimus amounts of recyclables
that inadvertently are mixed with garbage and refuse.
B.
Notice.
(1)
The designated public official shall notify the affected
generator, applicant or licensee of the alleged failure in writing. The notice
shall include the following information:
(2)
The notice shall be personally served or sent by certified
mail to the generator, applicant or licensee's last known address at least
10 days before the hearing date, with a copy to the administrator.
C.
Hearing.
(1)
Hearings shall be held before the Town Justice within
a reasonable period, which shall be at least 10 days after service of notice
but not more than 30 days after service of notice unless the time is extended
by the Town Justice.
(2)
The generator, applicant or licensee may be represented
by counsel at the hearing and may offer evidence and cross-examine witnesses.
(3)
Within 20 days after the close of the hearing, the Town
Justice shall:
(a)
Determine whether the alleged failure to comply with
this chapter has occurred; and
(b)
If such a failure has occurred, decide whether the generator
or applicant shall be subject to fine or penalty, the application shall be
denied or an existing solid waste license or authorized collector status shall
be suspended or revoked or its holder subjected to a reprimand and issued
an order carrying out this decision.
(4)
Determinations, decisions and orders. Disposition may
be made by stipulation, agreed settlements, consent order, default or other
informal method.
(5)
The Town Justice shall promptly notify the applicant
or licensee, in writing, of the final determination, decision or order.
D.
Enforcement.
(1)
Inspections and appearance tickets.
(a)
All portions of vehicles and containers used to haul,
transport or dispose of recyclable materials, including such containers placed
outside residences, shall be subject to inspection to ascertain compliance
with this chapter by any police officer, peace officer, code officer and any
other public official designated by the Town of Newstead.
(b)
Police officers, peace officers, code officers and the
specified public servants are hereby authorized and directed to issue appearance
tickets for violations of this chapter.
(2)
Penalties.
(a)
Penalties for collectors. During any 12 consecutive months,
the failure of any person engaged in the business of collecting MSW and/or
recyclable materials or rendering solid waste and/or recycling services who
is not authorized by the Town or who collects, picks up, removes or causes
to be collected, picked up or removed MSW or recyclable materials in a manner
not in compliance with this chapter shall be guilty of a violation punishable
by a fine of not less than $200 and not exceeding the sum of $1,000 or by
imprisonment for a term not exceeding 15 days, or both. Each day such violation
occurs or continues shall constitute a separate offense.
(b)
Penalties for waste generators. Failure of a waste generator
to comply with the provisions in this chapter designated as violations shall
be punishable as follows:
[1]
For the first conviction: by a written warning clearly
stating the nature of the violation and a schedule of fines for future convictions.
[2]
For the second conviction within one year: by a fine
of not less than $40 nor more than $75.
[3]
For the third conviction within one year: by a fine of
not less than $75 nor more than $125.
E.
Any penalties or damages recovered or imposed under this
law are in addition to any other remedies available at law or equity.
F.
No penalties, fines, civil sanctions or other enforcement
actions will be commenced prior to January 1, 1993, in order to permit persons
regulated hereunder to come into compliance with this chapter.
No person shall ignite, burn or cause to be ignited or burned any refuse
within the Town of Newstead unless said burning is in conformity with all
rules and regulations set forth by the State of New York.
No refuse shall be carted to, dumped or deposited in any manner upon
any private or public property in the Town of Newstead except under the supervision
and direction of the Code Enforcement Officer.
This article shall apply only to residents of the Town of Newstead living
outside the Incorporated Village of Akron.
