[HISTORY: Adopted by the Town Board of the
Town of Clay 9-18-2000 by L.L. No. 1-2000. Amendments noted where
applicable.]
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 and 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 110.5 of the aforementioned county plan. Public Authorities Law § 2045-e, Subdivisions (7) and (8), allow 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 Clay 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 § 194-2 hereof. The basis of that determination is attached hereto as Exhibit A and incorporated by reference.[1] 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 any disposal
of solid waste generated within the town that is to be disposed of
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.
[1]
Editor's Note: Exhibit A is on file in the
town offices.
As used in this chapter, the following terms
shall have the meanings indicated:
The Onondaga County Resource Recovery Agency.
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.
The Onondaga County waste-to-energy facility on Rock Cut
Road in the Town of Onondaga.
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.
Those recyclables designated by the County of Onondaga and
the Onondaga County Resource Recovery Agency pursuant to Local Law
No. 12 of 1989, including the following:
CORRUGATED PAPERCardboard containers, boxes and packaging, including pizza boxes, which are cleaned of contamination by food wastes or polystyrene commonly called "styrofoam," and which have been flattened for transport.
GLASSEmpty, washed glass jars, bottles and containers of clear, green and amber (brown) that contained food and drink, caps removed. This term excludes ceramics, window glass, auto glass, mirrors and kitchenware.
METALAll ferrous and nonferrous metals, including steel, aluminum and composite cans and containers (cleaned of food wastes) and empty aerosol cans that did not contain hazardous material. Scrap metal, wire, pipes, tubing, motors, sheet metal, etc., are recyclable but must be recycled through scrap dealers.
NEWSPAPERS, MAGAZINES AND CATALOGUESIncludes common machine-finished paper made chiefly from wood pulp used for printing newspapers, as well as glossy inserts, magazines and catalogues. All must be free of contaminants.
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.
PLASTICSAll HDPE and PET type plastic bottles (#1 and #2), 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 #1 and #2 containers that are not bottles or contained hazardous material.
KRAFT PAPERAs found in brown paper bags and package wrapping.
BEVERAGE CARTONSIncludes gabled-topped paper cartons that contained milk and juice products.
PAPERBOARDPaper packaging as found in cereal, cracker and tissue boxes, etc., and toilet tissue and paper towel tubes.
MIXED PAPERIncludes discarded and bulk mail, computer paper, colored paper, greeting cards, wrapping paper and carbonless multi-part forms. Excludes any paper coated with foil or plastic.
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.
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.
A household residing in a dwelling of four units or less
and which is required to utilize recycling containers.
Any person, company or firm who engages in the collection,
transportation, disposal or delivery of solid waste within our town.
Any waste (excluding household hazardous waste)
which is defined or regulated as a hazardous 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 thereof, as they may be amended from
time to time, including but not limited to:
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;
The Toxic Substances Control Act (15 U.S.C.
§ 2601 et seq.) and the regulations contained in 40 CFR
Parts 761-766;
The State Environmental Conservation Law (Title
9 of Article 27) and the regulations contained in 6 NYCRR Parts 370,
371, 372, 373 (Subpart 373-3);
Radioactive materials which are source, special
nuclear or by-product 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; or
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.
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.
A large and/or bulky household mechanism such as a refrigerator,
washer, dryer, stove, furnace or hot water tank.
A private or public facility for receiving and processing
recyclables into marketable commodities.
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.
The license issued by the town to a hauler as a prerequisite
to performing solid waste collection services within the town's municipal
limits.
A natural person, association, partnership, firm, corporation,
limited liability company, trust, estate or governmental unit and
any other entity whatsoever.
Those recyclable materials, including county-designated recyclable
materials, which can be practically separated from nonrecyclable waste
for which reuse markets can be accessed for less than the cost of
disposal.
The blue bin or other container supplied by the Agency, county,
the town or their designees for the use by eligible households within
the town. Such containers shall be used exclusively for the storage
of county-designated recyclable materials. Such containers shall at
all times remain the property of the Agency.
The Onondaga County Source Separation Law Local Law No. 12,
adopted March 6, 1989, as subsequently amended.
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.
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,
refuse, residential, governmental, commercial and/or light industrial
refuse, but shall not include recyclables, 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, requires 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,
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 Clay.
The Town Board of the Town of Clay.
The Clerk of the Town of Clay.
Any person, which produces solid waste requiring off-site
disposal.
Garden waste, leaves, grass clippings, weeds and brush.
It shall be a precondition of doing business
as a hauler in the town that the person/firm intending to conduct
such business obtain a municipal hauler license and a town sticker.
An application on a form approved and provided by the town[1] must be submitted to the Town Codes Enforcement Office
in which the person satisfactorily shall be bound by the following
provisions:
A.
The hauler will deliver all of the nonrecyclable solid waste (residential and commercial) it collects within the town and destined for disposal in the State of New York to the approved disposal site specified in § 194-2 above. It shall be unlawful to unload or deposit any solid waste hauled from any premises within the limits of the town and destined for disposal in the State of New York at any place other than the approved disposal site specified by the town in § 194-2 above. Any hauler failing to dispose of said solid waste at the approved disposal site so designated shall be subject to having its license revoked.
B.
The hauler will supply a plan of operation for collection
and transportation and which provides for a recycling plan as required
by Onondaga County Local Law No. 12 of 1989 as it applies to haulers,
which it shall adhere to and comply with. The hauler shall agree to
provide for the collection of county-designated 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.
[1]
Editor's Note: The "Applicant Business Information"
form which originally accompanied this chapter is on file in the town
offices.
A.
The hauler shall attach a municipal sticker which
must be visibly and securely affixed to the driver's side vent window
or upper part of the driver's side of the windshield of each of the
hauler vehicles in operation.
Municipal hauler licenses issued pursuant to
this chapter shall be effective for an annual term from January 1
through December 31 (one calendar year).
A.
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 upon the happening of any or a combination of the following:
B.
Failure of the hauler to comply with any provision of § 194-3 or 194-4 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.
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 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; or
(4)
Use a recycling container for other than the temporary
storage of county-designated recyclable material.
The Town Board may, by resolution, designate
and impose such fees as it deems reasonable and appropriate in relation
to the collection and disposal of any waste material including, without
limitation, recyclable materials. 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.
A.
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 clean-up costs resulting from any such
claim, etc., arising out of or connected in any way with the applicant's
acting as a hauler or the applicant's involvement or participation
in the collection, distribution or transportation of solid waste.
B.
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 Clay Town Board:
C.
The public liability policy aforementioned shall name
the Town of Clay as an additional insured.
D.
Each policy of insurance shall be endorsed to contain
the following language:
|
"The town will be given 30 days' prior written
notification of any cancellation, nonrenewal or modification of this
policy which reduces coverage or limits at the following address:
4483 State Route 31, Clay, New York 13041.
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E.
Prior to the issuance of any municipal hauler license,
the hauler must provide to the Town Attorney's office proof of insurance
coverage in a form to be determined from time to time by resolution
of the Town Board.
Haulers shall not operate earlier than 6:00
a.m., nor later than 6:00 p.m.
Where certain solid waste, recyclables and/or
other waste materials were not collected because those materials were
not placed or prepared by the waste generator 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 6:00 p.m. on the designated collection day.
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 solid waste or recyclables on the streets or public
places.
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 or stored for more
than one day upon any property any solid waste and/or recyclables,
and dumping thereof is hereby prohibited. No leachate or other obnoxious
or contaminating substance shall be allowed to drain from any hauler
vehicle on the public streets.
No hauler shall suffer or permit solid waste
to accumulate or remain upon private premises including extended storage
in hauler vehicles owned or operated 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 hauler 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.
B.
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.
C.
This chapter shall be enforced by the Town Code Enforcement
Officer, prevailing law enforcement agency, Town Building Inspector,
Town Fire Inspector, Highway Superintendent, Onondaga County Sheriff's
Department, New York State Police, Department of Environmental Conservation
officers and all local law enforcement agencies.
[Amended 7-20-2009 by L.L. No. 3-2009]
The failure of a hauler to comply with the provisions
of this chapter shall be considered a violation subject to the following
specified fines for each offense pursuant to § 80.05, Subdivision
4, of the Penal Law as well as for corporate officers, directors and
officials except for corporations in their corporate capacity which
shall be fined pursuant to § 80.10 of the Penal Law. Each
day's violation shall be considered a new and separate offense subject
to a separate penalty as fixed below. Any fines collected under this
chapter shall inure to the town and shall be deposited in the town
general fund to use as it deems appropriate.
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Section
|
Violation
|
Fine
|
|---|---|---|
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§ 194-3
|
Failure to obtain a municipal hauler license
|
$250
|
|
§ 194-3
|
Failure to deliver solid waste collected within
the town and destined for disposal within New York State to the town-approved
disposal site
|
$250, plus revocation
|
|
§ 194-4A
|
Failure to attach a municipal sticker to the
hauler's vehicle
|
$250
|
|
§ 194-4B
|
Duplicating or imitating the municipal sticker
or engaging in the selling of the municipal sticker
|
Revocation
|
|
§ 194-7A
|
Accepting and/or disposing of county- designated
recyclable materials as solid waste
|
$200
|
|
§ 194-7B
|
Removing, destroying or disposing of a recycling
container or using same for other than storage of a county- designated
recyclable
|
$150
|
|
§ 194-9
|
Engaging in the collection of solid waste and/or
recyclables on Sundays, Thanksgiving or Christmas
|
$50
|
|
§ 194-10D
|
Failure to notify the town, 30 days' prior written
notice, of any cancellation, nonrenewal or modification of required
insurance policy
|
$50
|
|
§ 194-11
|
Failure to comply with the designated hours
of operation
|
$200
|
|
§ 194-12
|
Failure to remove uncollected solid waste improperly
set out for disposal
|
$100
|
|
§ 194-13
|
Throwing, scattering or allowing deposit of
any solid waste and/or county-designated recyclables or other waste
upon the streets
|
$100
|
|
§ 194-13
|
Engaging in the collection of solid waste and/or
county-designated recyclables in a noncovered vehicle
|
$100
|
|
§ 194-15
|
Dumping or depositing any solid waste and/or
recyclable material upon any property; draining leachate from hauler
vehicle
|
$100
|
|
§ 194-16
|
Allowing solid waste or other waste material
and recyclables to accumulate upon any property so that it becomes
obnoxious, unsightly or offensive
|
$250
|
|
§ 194-17
|
Any hauler engaging in the burial or private
burning of solid waste and/or recyclables, papers, trash, hazardous
waste and/or materials within the limits of the town
|
$250
|
