[HISTORY: Adopted by the Town Board of the
Town of West Seneca 8-31-1992.
Amendments noted where applicable.]
GENERAL REFERENCES
Dumping — See Ch. 63.
[Amended 5-14-2007 by L.L. No. 5-2007]
This chapter is adopted in order to promote
and protect the public health and safety, comfort, convenience, prosperity
and other aspects of the general welfare of the residents of the Town
of West Seneca; protect property, preserve property values and eliminate
fire, safety and health hazards by regulating the collection, storage
and disposal of garbage, recyclable material and refuse within the
Town of West Seneca; promote reduction and separation which will encourage
the more efficient utilization of solid waste disposal facilities
and contribute to more effective programs for the reuse of solid wastes;
implement the applicable provisions of the New York State Solid Waste
Management Act of 1988 and amendments thereto to require that solid
waste shall be separated into recyclable, reusable or other components
for which economic markets for alternate uses exist; and reduce the
number of rodents in the Town and reduce the available habitat and
food sources for rodents in the Town.
[Amended 11-18-2002; 5-14-2007 by L.L. No. 5-2007]
A.
AUTHORIZED COLLECTOR
BRUSH
CONSTRUCTION DEBRIS
DUMPING
FACILITY
GARBAGE
GARBAGE TOTE
HAZARDOUS WASTE
LARGE HOUSEHOLD FURNISHINGS
MAJOR APPLIANCES
MUNICIPAL SOLID WASTE (MSW)
NONRECYCLABLE MATERIALS
NONRESIDENTIAL PRODUCERS
OTHER AUTHORIZED UNIT
PERSON
PRIVATE COLLECTOR
PRIVATE SUBSCRIPTION
RECYCLABLE MATERIALS
RECYCLABLE TOTE
RESIDENTIAL PRODUCERS
SCAVENGER
SOLID WASTE
TREE PARTS
The following words, as used in this chapter, shall
have the meanings hereby ascribed thereto unless the context clearly
indicates a different meaning:
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.
Cuttings from shrubs, hedges and trees which are less than
four inches in diameter.
Discarded building material, concrete, stones, earth from
excavations or grading and all other refuse matter resulting from
the erection, repair or demolition of buildings, structures or other
improvements of property.
Throwing, depositing or burning of solid waste in or upon
any public highway, street or other public place.
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 land spreading 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.
All table refuse, animal and vegetable waste resulting from
the handling, preparation, cooking and consumption of food; offal
from meat, fish and fowl; fruits, vegetables and parts thereof; and
other articles and materials ordinarily used for food which have become
unfit for such use or which are for any reason discarded.[1]
A Town-authorized container of either 95 gallons or 65 gallons
for the storage and collection of garbage. One tote shall be assigned
to each residential producer or other authorized unit and shall be
the property of the Town of West Seneca. A person who is the owner
or occupant of a residential producer shall have the option to purchase,
at his or her own expense, one additional garbage tote. There shall
be no more than two garbage totes at any residential producer or other
authorized unit. A person who is the owner or occupant of a business
which is an authorized unit shall have the option to purchase, at
his or her own expense, up to five additional garbage totes. Each
garbage tote provided by the Town of West Seneca shall remain the
property of the Town of West Seneca and shall not be removed from
the residence or other authorized unit to which it was assigned. Garbage
totes purchased by an owner or occupant of a residential unit or other
authorized unit shall remain the property of that individual. The
cost of either a recyclable tote or garbage tote under this section
shall be determined by resolution of the Town Board of the Town of
West Seneca.
[Added 2-10-2014 by L.L. No. 1-2014]
Medical waste generated by a medical facility regulated by
the New York State Department of Health or Social Services and as
defined under regulations promulgated pursuant to § 27-0903
of the New York State Environmental Conservation Law, including but
not limited to the following products and their empty containers:
insecticides, herbicides and caustic chemicals.
All other large and/or bulky articles actually used in the
home and which equip it for living (such as chairs, sofas, tables,
beds, carpets, etc.).
A large and/or bulky household mechanism (such as a refrigerator,
washer, dryer, stove, etc.) ordinarily operated by gas or electric
current.
All putrescible and nonputrescible materials, including garbage,
refuse and other discarded solid materials, including but not limited
to solid waste materials resulting from 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 materials 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.
Waste material discarded as useless or worthless trash, including
but not limited to rags, sweepings, rubber, leather, crockery, shells,
clothing, straw, dirt and ashes.
Any producer of garbage, refuse and recyclable materials
other than a residential producer, including but not limited to commercial
or industrial businesses, restaurants, plazas, malls and the like.
Any property in the Town of West Seneca to which collection
of garbage or recyclable materials is offered by the Town of West
Seneca.
[Added 2-10-2014 by L.L. No. 1-2014]
An individual, owner, occupant, society, group, firm, partnership,
corporation or association of persons, and the singular number shall
include the plural number.
A person, firm, corporation or legal entity providing for
the collection of MSW and/or recyclable materials. To operate in the
Town of West Seneca, they shall be required to obtain a license from
the Town and 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.
Rinsed food containers, such as metal cans, glass and plastic
food containers, newspapers, magazines, cardboard, flat paper and
other paper; plastic materials and bottles with metal rings and tops
removed.
A Town-authorized container of recyclable materials with
the capacity of either 65 or 95 gallons for the storage and collection
of recyclable materials. All recyclable totes shall be the property
of the Town of West Seneca, and one shall be assigned to each residential
producer and other authorized unit. Any recyclable tote assigned to
a residential producer or other authorized unit shall remain at that
residence or other authorized unit and shall not be moved from the
same. Additional recyclable totes shall be available to owners or
occupants of either residential units or other authorized unit in
the manner described in the definition of "garbage tote."
[Added 2-10-2014 by L.L. No. 1-2014]
Those persons, owners or occupants of single-family or multifamily
dwellings, used exclusively for residential purposes, which produce
garbage, nonrecyclable refuse and recyclable material.
A person that collects and removes refuse and searches through
garbage for salvageable material.
Includes but is not limited to garbage, nonrecyclable material,
recyclable material, construction debris, major appliances, large
household furnishings, brush and tree parts, grass and leaves.
Cuttings from shrubs, hedges and trees which are less than
four inches in diameter.
[1]
Editor's Note: The former definition of "garbage receptacle,"
which immediately followed this definition, was repealed 2-10-2014
by L.L. No. 1-2014.
B.
None of the terms defined in this section shall be
deemed or construed to include vehicular tires, tire casings, oil
or batteries.
A.
Each person who places items at the curb for collection
and disposal by the Town of West Seneca shall separate nonrecyclable
material from recyclable material and prepare the same for collection
and disposal in accordance with this chapter.
B.
Totes conforming to the specifications of this chapter shall be used
when storing or placing garbage and recyclable materials at the curb
for collection by the Town. When filled, a tote shall not exceed 150
pounds in weight. Garbage or recyclable material shall not be placed
on the curb or on any public street unless the same is in a tote as
required by this section, unless otherwise authorized by this section.
C.
An authorized collector shall have no obligation to collect and shall
not collect or remove any brush, construction debris, garbage, large
household furnishing, major appliance, recyclable material or solid
waste not prepared for collection in accordance with this chapter.
D.
An authorized collector shall have no obligation to collect and shall
not collect or remove any brush, construction debris, garbage, large
household furnishing, major appliance, recyclable material or solid
waste which was not produced or generated within the premises upon
which it is so placed, and the placing for such collection of any
brush, construction debris, garbage, large household furnishing, major
appliance, recyclable material or solid waste originating at a location
other than the one upon which it is placed for collection is hereby
prohibited.
E.
All municipal solid waste shall be collected by an authorized collector
under contract with the municipality or by a licensed private collector
under private subscription.
F.
Brush, grass clippings, and tree parts may be placed at the curb
for collection in a paper bag or containers of not more than 20 gallons
capacity which do not meet the definition of totes. Brush, grass clippings
and tree parts may not be placed in plastic bags. Bags and containers,
when filled shall weigh not more than 50 pounds. Brush, grass clippings
and tree parts shall not be placed in totes.
G.
Any and all brush and tree parts produced by the individual activity
or efforts of the owner or occupant of the premises shall be tied
in bundles not to exceed 36 inches in length and 12 inches in diameter
and weighing no more than 50 pounds.
H.
All major appliances or large household furnishings not capable of
being placed in receptacles or bundles as provided herein may be placed
at the curbline or pavement line only on the scheduled pickup collection
day for that area. It shall be the sole responsibility of the owner
to dismantle the appliance or furnishing so that it will not be a
hazard to the public. Specifically, all refrigerator and freezer doors
must be removed.
I.
Any construction debris which results from work performed by an owner
or occupant individually may be placed in a tote for collection by
the Town of West Seneca. Construction or other debris which results
from work by a contractor shall be removed and discarded appropriately
by the contractor.
J.
Protruding nails and other sharp objects, including glass that may
inflict bodily harm to personnel or residents of the Town of West
Seneca, shall be removed from all solid waste prior to being deposited
in containers or bundled for collection.
K.
Recyclable material shall be placed in recycling totes supplied by
the Town for recycling materials as herein provided.
L.
Tires, batteries, motor oil and paint shall be separated from other
recyclables and nonrecyclables and brought to an area and at a time
designated by resolution of the Town Board to be disposed of at a
nominal charge.
[Amended 5-4-2007 by L.L. No. 5-2007; 2-10-2014 by L.L. No.
1-2014]
A.
The Town shall provide and assign to each residential unit and other
authorized unit one garbage tote and one recycling tote. Additional
garbage and recycling totes may be obtained as outlined in this chapter.
Garbage totes shall be used for the collection, storage and disposal
of all garbage and nonrecyclable refuse and rubbish that may accumulate
or be produced by them. Recycling totes shall be used for the collection,
storage and disposal of recyclable materials.
B.
Garbage and nonrecyclable refuse and rubbish shall be stored in the
garbage tote with the lid completely closed. No garbage tote shall
exceed 150 pounds in weight when filled.
C.
Recycling materials shall be stored in the recycling tote with the
lid completely closed. No recycling tote shall exceed 150 pounds in
weight when filled.
D.
All garbage and recycling totes shall be maintained in good condition.
All garbage and recycling totes shall be kept as sanitary as possible
in view of the use to which they are put and shall be thoroughly cleaned
by the owner or occupant of the premises after garbage or recyclable
materials are removed by the collector. Except when placed at the
curbline for collection, all totes shall be stored on the property
producing the solid waste.
[Amended 2-10-2014 by L.L. No. 1-2014]
A.
All garbage totes, recycling totes and other receptacles shall be
transferred to the curbline or pavement line in front of the premises.
B.
No garbage tote, recycling tote or other receptacle shall be set
out for collection before 6:00 p.m. on the day preceding collection
and shall be at the curb for collection by 7:00 a.m. on the day of
collection.
C.
Garbage totes, recycling totes and other receptacles shall be removed
from the curbline within 12 hours after being emptied to a place invisible
from the street.
[Amended 2-10-2014 by L.L. No. 1-2014]
A.
The Town of West Seneca shall provide for the collection and disposal
of all recyclable material, as well as for the collection and disposal
of up to a maximum of two garbage totes per week, from each residential
unit or other authorized unit.
B.
The Town of West Seneca will collect cut grass, brush and tree parts
produced by owners or occupants, provided that such cut grass, brush
and tree parts were generated at the site upon which they are placed
for collection and they are placed for disposal.
C.
Town employees or equipment shall not enter private property or other
structures in making collections under the chapter.
D.
The Town shall have no obligation to pick up and remove any solid
waste which was not produced within the Town of West Seneca.
E.
Ownership of waste material which has been placed at the curb for
collection in accordance with this chapter shall vest in the Town
of West Seneca. It shall be unlawful and a violation of this chapter
for any person without authority from the Town to collect, pick up,
remove or cause to be collected, picked up or removed any rubbish.
Each such collection, pickup or removal of waste material from one
or more premises shall constitute a separate and distinct offense
in violation of this chapter.
A.
No person shall allow, permit or cause to exist any
unsanitary or filthy condition in or about any premises owned, used
or occupied by said person. Any unauthorized accumulation of solid
waste on any premises is hereby declared to be a nuisance and is prohibited.
B.
No person shall cart to, dump, burn, deposit or otherwise
dispose of or cause to be carted, dumped, burned, deposited or otherwise
disposed of any solid waste upon any public highway, street or other
public place or on any private property, except as provided in this
chapter or under the authorization, supervision and direction of the
Highway Superintendent or the Solid Waste Coordinator.
C.
Collection and disposal.
(1)
The Town of West Seneca shall not collect dangerous,
hazardous or chemically toxic wastes, including but not limited to
the following:
(a)
Dangerous wastes: wastes that represent an immediate
threat to the safety of Town employees and general public, such as
jagged or protruding objects, broken glass, nails, etc.
(b)
Hazardous wastes: wastes as defined in the New
York State Environmental Conservation Law and regulations thereto,
including but not limited to:
[1]
Ignitable wastes, such as paint thinners, solvent-based
cleaners, degreasers (e.g., acetone and xylene) or gasoline.
[2]
Corrosive wastes, such as battery acid, metal
cleaning, both sludges (e.g., sodium hydroxide, sulfuric or hydrochloric
acid).
[3]
Reactive wastes such as cyanide metal plating
sludges or any waste that will react violently with water or generates
toxic gases, vapors or fumes, (e.g., sodium metal).
[4]
EP toxicity wastes which produce an extract
containing contaminants such as arsenic, lead, chromium, silver or
herbicides; or industrial process wastes, contaminated soil from spill
or other solids containing any of the metals or organic materials
in excess of the concentrations listed in the state law and regulations
thereto.
[5]
Toxic wastes, such as sludges from solvent recovery,
solvents and the industry-specific wastes listed in Part 371, § 371.4(b),
of the Consolidated Laws of New York Codes Rules and Regulations.
(2)
Dangerous, hazardous and chemically toxic wastes shall
be disposed of by the owner or producer of the same and at the sole
cost and expense of the producer.
D.
It shall be the duty of every person, owner or occupant
of every dwelling within the Town to keep such buildings free and
clear of all kinds of solid waste and to keep the sidewalk and yard
areas clean.
E.
No dirt, stone, brick, concrete or other substance
that may accumulate as a result of building construction, demolition,
remodeling or repair operations shall be set out for collection by
the Department of Sanitation but shall be otherwise disposed of by
the owner or contractor.
F.
Nothing in this chapter shall be construed to prohibit
the maintenance of a single compost pile located in the rear yard
of a residence.
[Amended 9-26-2022 by L.L. No. 14-2022]
A.
The collection and disposal of solid waste shall be
under the direction and control of the Town Board or its designee.
B.
Such individual, or any designee, shall be empowered
to designate the days of collection and to make rules and regulations
concerning all matters pertaining to the collection and disposal of
solid waste.
C.
The collection and disposal of recyclable waste shall
be under the direction and control of the Town Board or its designee.
D.
Such individual, or any designee, shall be empowered
to designate the days of collection and to make rules and regulations
concerning all matters pertaining to the collection and disposal of
recyclable waste.
E.
Such individual(s), in addition to the Highway Superintendent
and Code Enforcement Officer, are authorized to enforce the provisions
of this chapter and any rules and regulations.
[Amended 12-7-1992]
A.
All authorized collectors must obtain a solid waste
collecting license from the Town of West Seneca. 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.
B.
An authorized collector sticker shall be 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
West Seneca shall indemnify and hold harmless the Town of West Seneca
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 municipal solid waste collection services at the same
times and on the same days as services are provided to their customers
for solid waste collection.
F.
Each collector who shall apply for a license under
this section shall complete an application for solid waste collection
license to be issued by the Town of West Seneca Solid Waste Coordinator.
Each collector shall maintain separate monthly records of solid waste
and recyclable materials collected, transported or disposed of by
the authorized collector, which shall include the following information:
(1)
The municipality or geographical area and number of
units in which the solid waste or recyclable material was generated.
(2)
The quantity, by ton, of solid waste and of each type
of recyclable material collected.
(3)
The quantity, by ton, of recycled material delivered
to a recycling facility(ies) and the location of the recycling facility(ies).
(4)
The quantity, by ton, of solid waste delivered to
each facility.
G.
Reports containing the information required as stated
above shall be compiled and delivered to the Town of West Seneca Solid
Waste Coordinator or other designated individual for each reporting
period as designated by the regulations, but which shall be no more
frequently than quarterly.
H.
Authorized collectors shall not accept for collection
municipal solid waste 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 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.
[Amended 12-7-1992]
B.
The designated public official shall notify the affected
generator, applicant or licensee of the alleged failure in writing.
The notice shall include the following:
C.
The notice shall be personally served or sent by registered
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.
D.
Hearings.
(1)
Hearings shall be held before the Town Justice within
a reasonable period, which shall be at least 10 days after service
of notice.
(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 the Town Justice determines that such a failure
has occurred, decide whether the generator or applicant shall be subject
to a fine or penalty, the application shall be denied or an existing
solid waste license or authorized collector status be suspended or
revoked or its holder subjected to a reprimand and issue an order
carrying out this decision.
A.
It shall be unlawful for:
(1)
Any person other than those persons so authorized
to collect any designated recyclable which has been placed at the
roadside for collection or within a recycling collection area pursuant
to this chapter.
(2)
Any person to violate or to cause or to assist in
the violation of any provision of this chapter or any implementing
rule or regulation.
(3)
Any person to place or to cause to be placed any material
other than a designated recyclable in or near a recycling collection
area.
(4)
Any person to hinder, obstruct, prevent or interfere
with this Town or its employees or any other authorized persons in
the performance of any duty under this chapter or in the enforcement
of this chapter.
B.
All unlawful conduct set forth in this section shall
constitute a violation.
[Added 5-14-2007 by L.L. No. 5-2007]
A.
Every occupant or owner of a dwelling or dwelling
unit and any other property shall store and dispose of accumulated
rubbish, boxes, lumber, scrap metal, tires or any other materials
in such a manner as to prevent rodent harboring in or about such property.
Materials shall be stacked neatly in piles elevated to a level high
enough to permit effective cleaning.
B.
Every owner of a dwelling containing two or more dwelling
units shall supply facilities or make provisions for the storage and
disposal of accumulated rubbish, boxes, lumber, scrap metal or any
other materials in such a manner as to prevent rodent harborage in
or about the shared or public areas of a dwelling or its premises.
Material shall be stacked neatly in piles elevated at a level high
enough to permit effective cleaning.
C.
No owner or occupant of any dwelling or dwelling unit
and any other property shall store, place or allow to accumulate any
materials that may serve as food or harborage for rodents in a site
accessible to rodents.
D.
Garbage receptacles shall be kept secure and closed
at all times. Areas for storage shall be kept free and clear of any
and all accumulation that is not properly secured. At no time may
any garbage or trash be stored outside in plastic bags or other non-rodent-proof
containers.
E.
No person shall feed in the open any domestic or wild
fowl, birds or animals except in such a manner so as to prevent scattering
of feed or seed upon the ground or ground level which can or will
provide food for rodents, insects, vermin or other pests.
The Town of West Seneca or any other person
collecting solid waste generated within this Town may refuse to collect
solid waste from any person who has clearly failed to source-separate
recyclables designated under an applicable section of this chapter.
A.
Nothing contained in this chapter shall be construed
to interfere with or in any way modify the provisions of any existing
contract in force in the Town on the effective date of this chapter.
B.
No renewal of any existing contract upon the expiration
of the original term thereof and no new contract for the collection,
transportation, processing or purchase of solid waste or recyclables
shall be entered into after the effective date of this chapter unless
renewal of such contract shall conform to the requirements of this
chapter.
A.
Any person who engages in unlawful conduct as defined
in this chapter may, upon conviction thereof in a proceeding before
a court of competent jurisdiction, be sentenced to imprisonment for
a term not to exceed fifteen (15) days or to a term of community service
related to the purposes of this chapter or to pay a fine of not more
than two hundred fifty dollars ($250.) and not less than twenty-five
dollars ($25.), or any combination of the above penalties.
B.
Each continuing day of violation of this chapter shall
constitute a separate offense.
A.
In addition to any other remedy provided in this chapter,
the Town may institute a suit in equity where unlawful conduct exists
as defined in this chapter for an injunction to restrain a violation
of this chapter.
B.
The penalties and remedies prescribed by this chapter
shall be deemed concurrent. The existence or exercise of any remedy
shall not prevent this Town from exercising any other remedy provided
by this chapter or otherwise provided at law or equity.
The terms and provisions of this chapter are
to be liberally construed so as best to achieve and effectuate the
goals and purposes hereof.
