[Adopted 12-8-1975 by L.L. No. 4-1975 as Ch. 72 of the 1975
Code; amended in its entirety 6-1-2021 by L.L. No. 1-2021]
As used in this article, the following words and phrases shall
have the following meanings:
ASHES
The residue from burning wood, coal, coke or other combustible
materials.
GARBAGE
All vegetable, animal or other matter, liquid or otherwise,
likely to ferment or decompose and produce various odors or become
injurious to health and other materials commonly considered garbage.
REFUSE
Ashes, sweepings, paper materials, rags, bottles, tin cans,
glass, crockery and similar materials.
TOWN
Town of Blooming Grove.
TOWN BOARD
Town Board of the Town of Blooming Grove.
All garbage placed for collection and removal by the residents
of the district shall be contained in closed containers of metal or
plastic type and in plastic bags and in such manner as will permit
proper collection by the collector. Such containers other than plastic
bags shall have close-fitting corners and adequate handles to facilitate
collection and shall have a capacity of not less than 10 nor more
than 95 gallons and must not weigh more than 65 pounds gross, except
that bulky rubbish, newspapers, collapsed boxes, may be compactly
tied and bundled so as to be easily handled and not likely to be scattered,
but not to exceed three feet in length nor more than 50 pounds in
weight, and when so tied and bundled may be stored beside the containers.
Plastic bags, when used, shall be securely closed at the top and shall
not weigh more than 50 pounds gross.
The following shall not be considered for collection:
A. Materials resulting from the repair, construction or excavation of
buildings or structures or streets or sidewalks, such as earth, plaster,
mortar, concrete, brick, lath and roofing materials.
B. Dangerous materials or substances, such as poisons, acids, caustics,
infected materials and explosives, flammable or highly combustible
matter, such as cleaning establishment wastes or other industrial
wastes found to contain varnish, paint thinners or other dangerous
materials; ammunition; oil drums, either full or empty, cans or barrels
containing combustible liquids; energy-saving light bulbs containing
mercury.
C. Lawn clippings, tree trimmings, leaves, tree stumps; tree trunks;
firewood; railroad ties; telephone poles; dirt, rock, asphalt or large
wooden crates or boxes; stones or quantities of sod.
D. Rubber tires of any size; rubber wastes; battery cases; tar cans;
any large metal products or abandoned machinery.
E. Computer equipment; electronic equipment containing hazardous metals,
computer monitors, televisions, motherboards.
F. Materials, which have not been prepared in accordance with this article
or any hazardous waste as defined by Article 27 of the Environmental
Conservation Law and the regulations promulgated thereunder.
G. Any material classified as toxic waste by 6 NYCRR 366, the identification
and listing of hazardous wastes pursuant to Article 27, Title 9, of
the Environmental Conservation Law or any ensuing legislation more
restrictive than currently in force.
All garbage, and refuse shall be collected in accordance with
the schedule approved from time to time by the Town Board.
In the event that the garbage or refuse service bill is not
paid within one month from the date it is due and payable, then, in
that event, a penalty equal to 10% of the total charge shall be added
to the bill.
The owner, lessee, tenant or any other person having the management
or control or occupying any lot or plot of land in the district shall
keep such land at all times free and clear of any accumulation of
ashes, rubbish, refuse, grass cuttings, leaves, garbage, offal or
any offensive substances, except such as are deposited in containers
or are otherwise secured, except as provided in this article.
The Town may utilize any one or more of the following for the
enforcement of this article:
A. Offense. Any violation of this article is hereby declared to be an
offense punishable for each violation by a fine not to exceed $250
or not to exceed 15 days imprisonment, or both.
B. Civil penalty. Every person found guilty of violating this article
shall be subject to a civil penalty of $250 for each and every violation
recoverable in a civil action which remedy may be in addition to or
instead of any other remedy provided for herein.
C. Injunction. The Town Board, instead of or in addition to any one
or more of the above, may also maintain an action or proceeding in
the name of the Town to compel compliance with or to restrain by injunction
any violation of this article or to remedy any condition resulting
from a violation.
D. Termination of services. In addition to the above remedy, the service
to any delinquent account can be terminated by order of the Town Board.
This article shall apply to the Mountain Lodge Refuse and Garbage
Collection District and shall also apply to such other refuse and
garbage collection districts as may from time to time be created in
the Town of Blooming Grove.
This article supersedes, and is in derogation of, Chapter
198 of the Code of the Town of Blooming Grove, County of Orange, and State of New York. This article is enacted by authority of § 20, Subdivision 5, of the Municipal Home Rule Law and any other law referenced herein as authority herefor.
All ordinances, local laws and parts thereof inconsistent with
this article are hereby repealed.
This article shall take effect immediately when it is filed
in the Office of the New York State Secretary of State in accordance
with § 27 of the Municipal Home Rule Law.
[Recycling regulations adopted and promulgated
by Orange County are operative in the Town of Blooming Grove.]