[Adopted 8-19-1992 by L.L. No. 6-1992]
This article shall be known as the "Solid Waste
Law of the Town of Evans."
The Town Board of the Town of Evans has determined
that:
A. The reduction, reuse, recycling and proper disposal
of solid waste are important public concerns and will benefit public
health, safety and welfare and aid in preservation of the environment.
B. The Solid Waste Management Act of 1988 mandates the
adoption of a source separation law by each municipality within New
York State by September 1, 1992.
C. The program established hereunder for the separation,
preparation, collection and disposal of solid waste shall be under
the supervision of the Town Board of the Town of Evans, directly or
through its designated agencies or representatives, as determined
by the Town Board.
The following words and phrases used throughout
this article shall have the following meanings:
COLLECTION SITE
The spot or area, curbside or otherwise, specified as the
site for placement of solid waste which has been prepared for collection.
The Town Board may prescribe standards for designating and maintaining
a "collection site" by rule, regulation or order, as it deems appropriate.
NONRECYCLABLE WASTE
A.
Those items of solid waste, excluding recyclable
waste and special solid waste, as defined herein, designated by the
Town Board as eligible for curbside pickup. "Nonrecyclable waste"
includes, but is not limited to:
(1)
Garbage: putrescible solid waste, including
animal and vegetable waste resulting from the handling, storage, sale,
preparation, cooking and serving of foods.
(2)
Rubbish: rags, sweepings, excelsior, rubber
(other than vehicular tires), leather, crockery, shells, clothing,
straw, dirt, filth, wastepaper and waste glass not meeting the definition
and/or specifications for recyclable waste and similar waste materials.
B.
The above list may be modified by rule, regulation
or order of the Town Board, as the need arises.
NONRESIDENTIAL GENERATOR
Any person who generates solid waste in the Town of Evans
and who is not a residential generator, as defined herein.
PERSON
Any individual, natural person, firm, partnership, association,
corporation, institution or other entity.
PRIVATE COLLECTOR(S)
A person, firm, partnership, corporation or other legal entity
providing services for the collection, transportation and/or disposal
of solid waste, duly licensed by the Town of Evans pursuant to this
article.
RECYCLABLE WASTE
Those materials designated by the Town Board as requiring
separation from all other solid waste at the source of generation.
They include, but are not limited to, corrugated cardboard, high-grade
paper, newspapers, magazines, aluminum and metal beverage containers,
clear glass bottles and jars and plastic containers designated No.
1 and No. 2 on their recycling codes. The above list of materials
may be modified by rule, regulation or order of the Town Board, as
the need arises.
RESIDENTIAL GENERATOR
Any person, including a lessee or other person in possession,
who generates solid waste on or at a site or parcel which is a part
of the Town of Evans Garbage District.
SOLID WASTE
All putrescible and nonputrescible materials that have been
discarded or rejected, including but not limited to recyclable, nonrecyclable
and special solid waste, as defined herein, garbage, refuse and rubbish
resulting from residential, commercial, industrial and community activities.
Not included are hazardous wastes as identified and defined by the
New York State Department of Environmental Conservation.
SPECIAL SOLID WASTE
All other solid waste or other waste materials not identified
or treated as either recyclable waste or nonrecyclable waste herein,
including but not limited to:
A.
Major appliances: stoves, refrigerators, dishwashers,
dryers, washing machines, sinks, toilets and other similar large appliances.
B.
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, carpets and similar
items.
C.
Green waste: leaves, grass clippings from lawns,
flowers or gardens, brush and cuttings from shrubs, hedges and trees
which are not reused or composted but are intended for disposal as
part of the waste stream.
D.
Construction and demolition debris: discarded
building materials, concrete, stones, waste earth from excavations
or grading and all other refuse matter resulting from the erection,
repair, remodeling or demolition of buildings, structures or other
improvements of property.
E.
Vehicular tires or tire casings, batteries,
motor oil, paint and containers for the same.
F.
Hazardous waste: as defined in the New York
State Environmental Conservation Law, Article 27, and also including,
but not limited to, low-level radioactive waste and special nuclear
or by-product material as defined by Article 29 of the Environmental
Conservation Law and the United States Atomic Energy Act of 1954,
respectively.
SUITABLE CONTAINER(S)
Such container as shall, from time to time, be designated
as acceptable for the collection of recyclable waste, nonrecyclable
waste or special solid waste for residential generators by resolution
of the Town Board and for nonresidential generators by their private
collectors, in compliance with this article.
It shall be a violation of this article for
any person to collect, pick up, remove or dispose of or allow to be
collected, picked up, removed or disposed of any solid waste within
the Town of Evans except as provided in this article.
[Added 12-15-1993 by L.L. No. 13-1993]
No person, resident or nonresident, shall throw,
deposit or dump or cause to be thrown any garbage, rubbish, solid
waste or recyclable or nonrecyclable waste of any type on any public
highway, street, roadside or land, whether developed or undeveloped,
within the Town of Evans.
All solid waste from nonresidential generators
shall be collected and disposed of by licensed private collectors,
in accordance with the requirements of this article.
The Town Board is hereby authorized to promulgate
such rules, regulations and orders as it may deem reasonable and necessary
to carry out the intent and purpose of this article. Such rules, regulations
and orders shall be adopted by Town Board resolution, but only after
holding a public hearing, notice of which has been published in the
same manner prescribed for adoption of a local law.
Enforcement of this article will be maintained
by any police officer, code enforcement officer or any other person
or persons duly designated by the Town Board of the Town of Evans.
[Amended 5-3-1995 by L.L. No. 8-1995]
A. Each and every violation of this article shall constitute
a separate violation as defined in the Penal Law and shall be punishable
as follows:
[Amended 9-7-2016 by L.L.
No. 6-2016]
(1) A fine of $500 for the first violation.
(2) A fine of $750 for the second violation.
B. In the event of succeeding and continuing violations,
any person and/or business who shall be convicted of violating or
failing to comply with the provisions of this article shall be liable
for a fine of $1,000 per day and/or 100 hours of community service
per day of violation.
C. In addition to the above penalties, the Town Board
may also maintain an action or proceeding to compel compliance with
this article or to restrain, by injunction, the violation of said
article.