[HISTORY: Adopted by the Town Board of the Town of DeWitt 12-10-2012 by L.L. No. 1-2013. Amendments noted where applicable.]
Department of Development and Operations — See Ch. 15.
Brush, grass and weeds — See Ch. 67.
Environmental quality review — See Ch. 83.
Junkyards — See Ch. 114.
Littering — See Ch. 118.
Abandoned vehicles — See Ch. 178.
Editor's Note: This local law also superseded former Ch. 158, Solid Waste, adopted 1-22-2001 by L.L. No. 1-2001, as amended.
The reduction of the amount of solid waste and conservation of recyclable materials is an important public concern 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 Town 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, 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 that was subsequently approved by the State Department of Environmental Conservation. The county plan, 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, Subdivisions (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 Town of DeWitt has determined that all solid waste, both residential and commercial, generated in our Town 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 Town Board in § 158-2 hereof. The basis of that determination is attached hereto as Exhibit A and incorporated by reference.
Editor's Note: Exhibit A is included at the end of this chapter.
This chapter 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 chapter shall not:
Regulate or otherwise restrict the 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.).
As used in this chapter, the following terms shall have meanings indicated:
- The Onondaga County Resource Recovery Agency.
- AGENCY FACILITY
- 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.
- APPROVED DISPOSAL SITE
- The Onondaga County waste-to-energy facility on Rock Cut Road in the Town of Onondaga.
- Cut or broken branches, trees, shrubs and/or bushes.
- CONSTRUCTION AND DEMOLITION DEBRIS
- 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.
- 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.
- CURBSIDE COLLECTION
- 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.
- DROPOFF CENTER
- A private or public facility to which a person can deliver recyclable materials.
- ELIGIBLE HOUSEHOLD
- A household residing in a dwelling of three units or less and which is required to utilize recycling containers.
- Food waste and/or other disposable household items, exclusive of appliances, furniture and/or household décor.
- Any person, company or firm who engages in the collection, transportation, disposal or delivery of solid waste within our Town.
- A. Any waste (excluding household hazardous waste) which is defined or regulated as 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 thereto, as they may be amended from time to time, including, but not limited to:
- (1) The Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6901 et seq., as amended by the Hazardous and Solid Waste Amendments of 1984) and the regulations contained in 40 CFR Parts 260-281.
- (2) The Toxic Substances Control Act (15 U.S.C. § 2601 et seq.) and the regulations contained in 40 CFR 761 through 40 CFR 766.
- (3) The State Environmental Conservation Law (Title 9 of Article 27) and the regulations contained in 6 NYCRR Parts 370, 371, 372 and 373 (Subpart 373-3);
- B. Radioactive materials which are source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954 (42 U.S.C. § 2011 et seq.) and the regulations contained in 10 CFR Part 40.
- C. 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.
- LARGE HOUSEHOLD FURNISHINGS
- 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.
- MAJOR APPLIANCES
- A large and/or bulky household mechanism such as a refrigerator, washer, dryer, stove, furnace or hot water tank.
- MATERIALS RECOVERY FACILITY OR MFR
- A private or public facility for receiving and processing recyclables into marketable commodities.
- MEDICAL WASTE
- 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.
- MUNICIPAL HAULER LICENSE
- The license issued by the Town to a hauler as a prerequisite to performing solid waste collection services within the Town's municipal limits; also refers to a Town hauler license and is used interchangeably in this chapter.
- The collection of solid waste and recyclable materials at a designated location other than the curb.
- A natural person, association, partnership, firm, corporation, limited liability company, trust, estate or governmental unit and any other entity whatsoever.
- RECYCLABLE MATERIALS
- Those recyclables designated by the County of Onondaga and the Onondaga County Resource Recovery Agency, as well as those designated from time to time by the Town for inclusion in the Town recycling program, initially including, but not limited to, the following:
- Those materials which can be practically separated from nonrecyclable waste for which reuse markets can be accessed for less than the cost of disposal. No material shall be excluded from this definition solely for the purpose of maintaining the volume of waste processed by the Rock Cut Road waste-to-energy facility.
- RECYCLING CONTAINER
- The blue bin or other container supplied by the Agency, the county, the Town or their designees for use by eligible households within the Town. Such containers shall be used exclusively for the storage of recyclable materials. Such containers shall at all times remain the property of the Agency or Town, as the case may be.
- RECYCLING LAW
- The Onondaga County Source Separation Law, Local Law No. 12, adopted March 6, 1989, as subsequently amended.
- All material discarded or neglected as useless or worthless. This may include but is not limited to solid waste, brush, yard, and garden waste and/or construction and demolition debris.
- REGULATED MEDICAL WASTE
- 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.
- RESIDENTIAL HAULER
- Any person, company or firm which engages in the collection, transportation, disposal or delivery of solid waste and recyclable materials from tax parcels containing three or fewer dwelling units pursuant to a Town Refuse Collection District No. 1 contract.
- SOLID WASTE
- 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, and residential, governmental, commercial and/or light industrial refuse, but shall not include recyclables, brush, 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, require 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 (when built), 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.
- The Town of DeWitt.
- TOWN BOARD
- The Board of the Town of Dewitt.
- TOWN CLERK
- The Clerk of the Town of DeWitt.
- TOWN HAULER LICENSE
- The license issued by the Town to a hauler as a prerequisite to performing solid waste collection services within the Town's municipal limits; also refers to a municipal hauler license and is used interchangeably in this chapter.
- TOWN REFUSE COLLECTION DISTRICT NO. 1
- The special district created by the Town for the purpose of collecting residential solid waste and recyclable materials.
- TOWN REFUSE COLLECTION DISTRICT NO. 1 CONTRACT
- A contract or contracts awarded by the Town on behalf of the Town Refuse Collection District No. 1.
- TOWN STICKER
- An adhesive-backed sticker issued by the Town upon successful completion of an application for a Town hauler license.
- WASTE GENERATOR
- Any person who produces solid waste requiring off-site disposal.
- YARD AND GARDEN WASTE
- Garden waste, leaves, grass clippings, and/or weeds.
It shall be a precondition of doing business as a hauler in the Town that the person intending to conduct such business obtain a Town hauler license and a Town sticker. An application on a form approved and provided by the Town must be submitted to the Town Clerk. In addition to all other applicable laws, rules and regulations, every hauler shall be bound by the following provisions:
The hauler will deliver all of the solid waste it collects within the Town to the Onondaga County Resource Recovery System or as directed by the Agency or outside of the State of New York.
The hauler will not deliver any hazardous waste or medical waste into the system.
The hauler will supply a plan of operation for collection and transportation and which provides for a recycling plan as required by L.L. No. 12-1989 as it applies to haulers, which it shall adhere to and comply with. The agency-permitted hauler agrees to provide for the collection of recyclables 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.
The hauler will supply the requisite business information and will pay all fees and charges as required by the Town hauler license application.
The hauler shall file with the Town Clerk a complete schedule of fees and charges. Any change in fees or charges must be preceded by a thirty-day notice filed with the Town Clerk, together with a new schedule of fees.
Deposit; collection requirements.
Amount and disposition of deposit.
The Town Comptroller shall place the deposit of $500 in an interest-bearing savings account at the current rate of interest. One hundred percent of the interest shall accrue to the Town for the expense of administering this chapter.
Said good-faith deposit shall be returned to the hauler within 30 days after the Town Board has knowledge of the termination, surrender or revocation of the license, less any moneys due to the Town pursuant to the terms of this chapter, unless said license is revoked pursuant to § 158-6 herein, in which event said good faith deposit shall be treated as liquidated damages and forfeited to the Town as such.
It shall be the duty of each hauler to effect the collection of garbage and rubbish on the routes and days set forth on the license application. In the event of the failure of the hauler to effect said collection within 24 hours after the due date of said collections, the Town shall have the right to perform, or contract for the performance of, said collections on behalf of the hauler and deduct the cost of the same from the deposit made by the hauler with the Town. The Town shall further have the right to revoke any license for the failure of the hauler to meet this duty and requirement. In the event that the Town shall perform or contract for the performance of collections and deduct the cost of the same from the deposit made by the hauler, the hauler shall be required to make an additional deposit with the Town Comptroller in an amount equal to that deducted within 30 days of receipt of written demand from the Town Comptroller.
The hauler shall collect all solid waste and recyclable materials when placed in containers or in secured plastic bags when placed off-curb or curbside on the day of pickup.
No hauler shall use any vehicle for the collection of solid waste or recyclable materials unless it is of a packer-type closed body, roll-off or equal, or as otherwise specified in any Town Refuse Collection District No. 1 contract between the hauler and the Town. The name of the hauler shall be inscribed in a suitable place in legible lettering of not less than four inches in height on hauler-owned vehicles and solid waste receptacles.
If a hauler-owned vehicle is sold or transferred, the Town sticker shall be removed and the Town Clerk shall be notified of such sale or transfer.
Municipal hauler licenses issued pursuant to this chapter shall be effective for an annual term from January 1 through December 31 (one calendar year).
The Town shall have the right to cancel any existing municipal hauler license upon 30 days' written notice to the hauler if the Town shall enact legislation establishing a new system for collection of solid waste in the Town that is inconsistent with the continuation of said license. The Town shall revoke a municipal hauler license for failure of the hauler to comply with any provision of this chapter. Prior to any such revocation, the hauler shall be notified by the Town 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 Town 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 Town. The hearing shall be informal and held before the Town Supervisor or his/her designee. Compliance with technical rules of evidence shall not be required, and the decision of the Town Supervisor or his/her designee shall be final.
No person other than a residential hauler, shall collect, transport, dispose of or deliver solid waste and recyclable materials, or cause solid waste and recyclable materials to be collected, transported, disposed of or delivered, from three or fewer dwelling units per tax parcel except pursuant to, or as allowed by, a Town Refuse Collection District No. 1 contract.
No hauler shall be permitted to bill a customer for a period in excess of one year in advance or for a period extending beyond December 31 of any calendar year.
The hauler is prohibited from entering into a contract with the customer for the collection of garbage for a period in excess of one year or for a period extending beyond December 31 of any calendar year.
All vehicles are to be kept in an aesthetic, good, safe, clean and sanitary condition and shall be subject to inspection by such persons as the Town Board may designate. It shall be unlawful to store or garage in the Town any vehicle containing garbage, rubbish or refuse of any kind.
Exempt from the provisions of this chapter shall be any vehicle owned, leased, rented, hired or utilized by the Town or its agencies, departments or bureaus, except that any hauler operating on behalf of Town Refuse Collection District No. 1 must deliver to the Agency all solid waste collected within the Town.
It shall be unlawful for any person to throw, deposit or cause to be thrown or deposited, on any street or place, garbage, brush, yard or garden waste, rubbish, trash, refuse and/or abandoned vehicles or parts thereof, nor shall any person use or permit to be used, operate or maintain any private property as a dump or dumping ground for the deposit of any garbage, brush, yard or garden waste, rubbish, trash, refuse and/or, abandoned vehicles or parts thereof. This section shall not be construed to limit the rights of householders or others to place garbage bags in front of their property for authorized collection or removal.
The Town hereby adopts as its source separation legislation, required pursuant to 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.
No hauler shall dispose of recyclable materials picked up in the Town as solid waste, nor shall any hauler accept recyclable materials for disposal as solid waste.
Recycling containers shall at all times remain the property of the Agency or Town, as the case may be, and are provided for the use and convenience of eligible households in complying with this chapter. No hauler shall:
The Town Board, may, by resolution, designate and impose such other 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 Town Board or its designee not inconsistent with the terms of the resolution imposing such fees. The Town Board may, by resolution, also from time to time establish fees to defray expenses in connection with the fee for the municipal hauler license and administration of this chapter. Fees shall be paid by the applicant at the time of application.
Haulers shall not collect solid waste in the Town on Sundays, Thanksgiving or Christmas. Any hauler collecting solid waste or recyclables under a Town Refuse Collection District No. 1 contract shall collect solid waste or recyclables on the day or days specified in the contract.
In consideration of the Town 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 Town 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 cleanup costs resulting from any such claim, etc., arising out of or connected in any way with the applicant's acting as hauler or the applicant's involvement or participation in the collection, distribution or transportation of solid waste.
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 Town of DeWitt Town Board:
Public liability (CGL) including contractual coverage with a combined single limit of at least $1,000,000 per occurrence and $1,000,000 in the aggregate in the primary policy.
Automobile liability coverage for all owned, hired and nonowned vehicles, with a combined single limit of at least $1,000,000 in the primary policy.
An umbrella policy in the amount of at least $5,000,000 that follows the coverage forms of the underlying policies, or is broader:
Workers' compensation coverage.
All liability policies shall name the Town as an additional insured.
Each policy of insurance shall be endorsed to contain the following language:
Prior to the issuance of any Town hauler license, the hauler must provide to the Town Clerk proof of insurance coverage in a form to be determined from time to time by resolution of the Town Board.
No haulers shall operate earlier than 6:00 a.m. or later than 6:00 p.m. Notwithstanding the foregoing, any hauler subject to a Town Refuse Collection District No. 1 contract shall operate during the hours set forth in the contract.
Where certain solid waste, recyclables and/or other waste materials were not collected because those materials were not placed or prepared in accordance with the provisions of this chapter, 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 8:00 p.m. on the designated collection day. No person shall place trash or recyclables at curbside prior to 4:00 p.m. on the day preceding scheduled pickup or leave empty trash or recyclable containers at curbside subsequent to 8:00 p.m. on the day of pickup.
The collection, removal and carrying of solid waste, recyclables and/or material and the transportation of solid waste, paper and recyclables on any highway, street, alley or lane of the Town 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 material or liquid on the streets or public places. No person shall intentionally dispose of recyclables within the solid waste stream.
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 chapter, no hauler shall deposit or cause to be deposited upon any property any solid waste and/or recyclable materials or other waste material, and dumping thereof is hereby prohibited. No leachate waste material or other obnoxious or contaminating substance shall be allowed to drain from the hauler vehicle on the public streets or any agency facility.
No person shall store or place garbage out-of-doors within the limits of the Town unless contained in a receptacle of sufficient strength to withstand destruction by animals and/or the elements and which receptacle is securely covered so as to withstand the aforementioned perils.
Plastic garbage bags may be used for the placing of rubbish and trash, provided that they are securely fastened.
Time limitation for placement of refuse out for collection.
No person shall place said containers, bulk items, landscape materials, rubble or other solid waste out for collection at the edge of pavement prior to 4:00 p.m. on the day preceding the regularly scheduled collection of such material; and when so placed, they shall be in conformance with this chapter.
No person shall cause or permit any accumulation of sand, gravel, cinders, topsoil, mud, earth, brush, tree limbs, yard or garden waste grass clippings, shingles, rubble or other material to be placed, deposited, tracked or flowed upon the paved portion of any Town street and/or highway.
If the person occupying the premises does not have an agreement with a licensed garbage and refuse collector or has materials of such nature or bulk that the collector is not obliged to collect the same, it shall be the person's obligation to make arrangements for the disposal and properly and legally dispose of such material.
No hauler shall suffer or permit solid waste or other waste material to accumulate or remain upon private premises, including extended storage in hauler vehicles owned or occupied 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 person, company or firm 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 Town, unless authorized to do so in writing by the Town Board.
This chapter shall also apply to all special events held in the Town. 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 by the Town Board for such pickups and disposal.
In addition to the above-provided penalties and revocations, or in lieu thereof, the Town Board may also institute and maintain an action or proceeding in the name of the Town 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 chapter.
This chapter shall be enforced by the Town Code Enforcement Officer, Town Police Department, Town Building Inspector, Town Fire Inspector, Superintendent of Highways, Onondaga County Sheriff's Department, New York State Police, Department of Environmental Conservation Officers and all local law enforcement agencies.
The failure of a hauler or any other person to comply with the provisions of this chapter shall be deemed a violation punishable by a fine not to exceed $500 and imprisonment for up to 15 days, or both, for each offense. Each day's violation shall be considered a new and separate offense subject to a separate penalty.
If any paragraph, section, sentence or portion of a sentence of this chapter shall be found and determined to be invalid, unlawful and/or unconstitutional, such determination shall not invalidate or void any other paragraph, section, sentence or portion thereof, and such other parts thereof shall remain in full force and effect unless and until legally revoked, modified and/or amended.
In 1998, the Town of DeWitt enacted Local Law No. 4 regulating collection, removal and disposal of solid waste in the Town of DeWitt. That local law is repealed in its entirety and replaced and superseded by this chapter, effective upon the effective date of this enactment. In 1992 the Town of DeWitt enacted Local Law No. 2 regulating collection, removal and disposal of solid waste in the Town of DeWitt. To the extent that local law is still in effect, it is hereby repealed in its entirety and replaced and superseded by this chapter, effective upon the effective date of this enactment.
Editor's Note: This chapter also supersedes L.L. No. 1-2001, adopted 1-22-2001, and subsequent amendments thereto, which comprised former Ch. 158, Solid Waste.
Notice to remove. The Department of Planning and Zoning is hereby authorized and empowered to notify the owner of any real property within the Town of DeWitt, or the agent of such owner, to properly dispose of solid waste, brush, yard and garden waste, and/or other materials, located on such owner's property, that are dangerous and/or hazardous to the safety, health and/or welfare of the public. Such notice shall be served by certified mail and addressed to the owner at his or her last known address or may be posted at the subject premises and shall commence at the time of such mailing or posting.
Action upon noncompliance. Upon the failure of any real property owner or agent of such property owner to properly dispose of solid waste, brush, yard or garden waste and/or other materials that are dangerous and/or hazardous to the safety, health and/or welfare of the public within three days as set forth in Subsection A, or within seven days as set forth in Subsection A in the event said notice is returned to the Town due to any reason other than the action of the Town, the Department of Planning and Zoning is hereby authorized and empowered to remove or dispose of said solid waste, brush, yard or garden waste and/or other materials.
Charge included in tax bill. When the Town has removed or disposed of said solid waste or other materials as referenced in Subsection B, the cost of such removal or disposal, inclusive of interest at the rate of 9% per annum, shall be charged to the owner of such real property or the agent of such property owner on the next regular Town and county tax bill forwarded by the Town. Such charge shall be due and payable at the time of payment of such bill or may be paid by the owner or agent of such property prior to the charge being levied on said tax bill. Interest shall start to accrue at the commencement of the removal or disposal by the Town.