As used in this chapter, the following terms shall have meanings
indicated:
AGENCY
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.
BRUSH
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.
COUNTY
The County of Onondaga.
CURB
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.
GARBAGE
Food waste and/or other disposable household items, exclusive
of appliances, furniture and/or household décor.
HAULER
Any person, company or firm who engages in the collection,
transportation, disposal or delivery of solid waste within our Town.
HAZARDOUS WASTE
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.
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.
OFF-CURB
The collection of solid waste and recyclable materials at
a designated location other than the curb.
PERSON
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:
A.
CORRUGATED PAPERCardboard containers, boxes and packaging, including pizza boxes, which are dry and cleaned of contamination by food wastes or polystyrene commonly called "Styrofoam," and which have been flattened for transport.
B.
GLASSEmpty, washed glass jars, bottles and containers of clear, green and amber (brown) glass, with caps and other metal removed. This term excludes ceramic, window glass, auto glass, mirror and kitchenware and light bulbs.
C.
METALAll ferrous and nonferrous metals, including steel, aluminum and compost cans and containers (cleaned of food wastes) and empty aerosol cans that did not contain hazardous material. This term excludes abandoned automobiles and trucks, scrap metal, wire, pipes, tubing, motors, sheet metal, etc., which are recyclable but must be recycled through scrap dealers.
E.
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.
F.
PLASTICSAll HDPE-type and PET-type plastic bottles (No. 1, No. 2, and No. 5, 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 No. 1, No. 2 and No. 5 containers that are not bottles or that contained hazardous material.
H.
BEVERAGE CARTONSIncludes gabled-topped paper cartons that contained milk and juice products.
I.
PAPERBOARDPaper packaging as found in cereal, cracker and tissue boxes, etc., and toilet tissue and paper towel tubes.
J.
MIXED PAPERIncludes discarded and bulk mail, computer paper, colored paper, greeting cards, wrapped paper and carbonless multi-part forms; excludes any paper coated with foil or plastic.
RECYCLABLES
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.
REFUSE
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.
SYSTEM
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.
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 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.
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:
A. 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.
B. The hauler will not deliver any hazardous waste or medical waste
into the system.
C. 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.
D. The hauler will supply the requisite business information and will
pay all fees and charges as required by the Town hauler license application.
E. 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.
F. Deposit; collection requirements.
(1) Amount and disposition of deposit.
(a)
Each hauler granted a license, as described in §
158-3, who is a hauler as defined in §
158-2 shall, upon approval, deposit $500 to be held by the Town of DeWitt for the faithful performance of the terms and conditions of this chapter.
(b)
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.
(c)
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.
(2) 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.
(3) 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.
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.
A. 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.
B. 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:
(1) Remove a recycling container from the Town.
(2) Willfully destroy a recycling container.
(3) Dispose of a recycling container other than by returning such container
to the Town at a designated location.
(4) Use a recycling container for other than the temporary storage of
recyclable materials.
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.
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, 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.
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.