[Adopted 5-12-1980 as Ch. 117 of
the 1980 Code]
The following words and phrases, when used in
this Article, shall have the meanings ascribed to them in this section:
AIR-CLEANING DEVICE
Any equipment, method or process used with a waste disposal
facility to remove, reduce or render less noxious air contaminants
and particulate matter discharged by the facility.
AIR CONTAMINANT
A dust, fume, gas, mist, odor, smoke, vapor, noise or any
combination thereof.
ALTERED FACILITY
Any waste disposal facility that has been changed, modified,
remodeled or has undergone repairs beyond ordinary and reasonable
maintenance after the effective date of this Article.
EMERGENCY SITUATION
Any sudden, unexpected or unforeseen condition which poses
an immediate threat to the public health, safety or welfare as to
require immediate action or a condition which is reasonably believed
to require immediate action to enforce the provisions and regulations
of this Article.
EXISTING FACILITY
Any waste disposal facility erected prior to the effective
date of this Article.
HAZARDOUS WASTE
Any waste or combination of wastes which poses a present
or potential hazard to the health and welfare of humans, living organisms
or the environment. It includes, but is not limited to, those materials
listed in the current 49 CFR 172.
INCINERATION
A controlled combustion or other conversion process to convert
waste to a less bulky, less toxic or less noxious form in a facility
designed for such use.
NEW FACILITY
Any waste disposal facility erected after the effective date
of this Article.
PERSON
Any private individual, partnership, copartnership, firm,
company, corporation, association or joint-stock company or other
entity and any representative thereof.
POLLUTION
The presence in the environment of one (1) or more conditions
or air contaminants formed as a result of a waste disposal process,
which are in quantities which are or may be injurious to the public
health, safety and welfare and interfere with the comfortable enjoyment
of life and property.
TOXIC SUBSTANCE and TOXIC POLLUTANT
Any substance or material which causes or has a tendency
to cause harm or adversely affects the health, upon contact with or
accumulation in or upon the body, of a person or living organism.
WASTE
Industrial or chemical materials and their by-products intended
to be destroyed or otherwise disposed of.
WASTE DISPOSAL FACILITY
Any privately owned building, premises, equipment or other
property used for the storage, containment, processing and disposal
of wastes. Without limiting the generality of the foregoing, this
term shall include privately owned and operated incinerators and similar
disposal facilities.
It is hereby declared to be the intention of
the governing body that the several provisions of this Article are
separable in accordance with the following:
A. If any court of competent jurisdiction shall adjudge
any provision of this Article to be invalid, such judgment shall not
affect any other provisions of this Article not specifically included
in the judgment.
B. If any court of competent jurisdiction shall adjudge
invalid the application of any provision of this Article to a particular
structure, site, facility or operation, such judgment shall not affect
the application of the provisions in question to any other structure,
site, facility or operation not specifically included in the judgment.
For purposes of protecting and providing for
the public health, safety and welfare, the governing body may impose
additional requirements for the operation of waste disposal facilities,
consistent with the intent of this Article.
[Adopted 7-12-1993 by (Ch. 96 of
the 1980 Code); amended in its entirety 12-14-2021 by L.L. No.
5-2021]
This article shall be known as the "City of Oswego Solid Waste
Collection Ordinance."
It shall be the duty of the local Police Department to enforce
the provisions of this article.
For the purpose of this article, the terms used herein are defined
as follows:
ASHES
The residue resulting from the burning of wood, coal, coke
or other combustible materials.
BUILDING DEBRIS
Scrap lumber, concrete, pipe, bricks, plaster and similar
materials resulting from building construction, maintenance and alteration.
BULKY WASTES
Large oversize wastes that require special handling for collection
and shall include, but not be limited to, furniture, appliances, crates,
etc.
BUSINESS
Any individual, association, partnership, firm or corporation
having an established business within the City of Oswego.
COLLECTOR
Any individual, association, partnership, firm or corporation
in the business of collecting garbage and refuse within the City of
Oswego.
CONTRACTOR
Any individual, association, partnership, firm or corporation
in any business dealing with construction or the collection of junk;
and any individual, association, partnership, firm or corporation
which owns a truck which is not licensed for refuse collection.
GARBAGE
All animal and vegetable wastes resulting from the handling,
processing, preparation, cooking or consumption of food.
MAJOR HAULER
Any individual, association, partnership, firm or corporation
who owns, controls or operates motor vehicles with the intention to
haul waste for a fee and operates a vehicle with a gross weight in
excess of 18,000 pounds.
MINOR HAULER
Any individual, association, partnership, firm or corporation
who owns, controls or operates motor vehicles with the intention to
haul waste for a fee and operates a vehicle with a gross weight under
18,000 pounds.
OWNER
The owner, agent, lessee, tenant, occupant or other person
who manages or controls a building, house or lot who or which causes,
creates or contributes to the origination of refuse or who is responsible
for its storage, removal or disposal.
PERSON
Any individual, association, partnership, firm or corporation.
RECYCLABLE MATERIALS
Any and all materials deemed recyclable under Oswego County's
Mandatory Recycling Program.
REFUSE and SOLID WASTES
All solid wastes, including, but not limited to, garbage,
ashes, rubbish, bulky wastes and building debris.
RESIDENT
Any individual who resides within the City of Oswego.
RUBBISH
Glass, metal, paper, plant and tree growth, wood or nonputrescible
solid wastes.
YARD WASTES
Grass (lawn) clippings, other plants, leaves and brush and
other tree waste, but does not include stumps.
Waste collection shall comply in every detail with the standards
set forth in this article and with all applicable county, state and
national laws. No person shall engage in any form of waste collection
operation without obtaining a license from the City Clerk.
It shall be unlawful for any person to dump, place, deposit
or permit to be deposited upon any public or private property, or
upon any street, sidewalk or other public place in the City of Oswego,
any garbage, ashes, rubbish, yard wastes, building debris or other
objectionable wastes, except as hereinafter provided.
No contractor shall collect any solid wastes within the City or transport any solid wastes over the streets of the City without first having obtained a license from the City Clerk and having paid the approved license fee as set forth herein (§
207-20C).