[HISTORY: Adopted by the Town Board of the
Town of Woodstock 9-18-2007 by L.L. No. 1-2007. Amendments noted where
applicable.]
The intent of this chapter is to protect the
health, safety and welfare of the people of the Town of Woodstock
by preventing irresponsible disposal of litter, solid waste and/or
toxic or hazardous materials on any public or privately owned lot,
tract of land, street, alley, road, park or reserve within the boundaries
of the Town of Woodstock. It is also the intent of this chapter to
protect the environment by enforcing recycling of recyclable materials.
It is also the intent of this chapter to comprehensively amend and
supersede Local Law No. 1 of the year 1992.
As used in this chapter, the following terms
shall have the meanings indicated. "Shall" is mandatory and not discretionary
nor merely directory.
The relinquishment of any item of personal property and/or
litter with the intention of neither reclaiming it nor resuming its
ownership or enjoyment.
An item of solid waste larger than 16 cubic feet (e.g., two
feet by two feet by four feet) or heavier than 50 pounds and all vehicle
tires, white goods, machinery of any kind, appliances, stuffed furniture
and mattresses.
Containers composed of aluminum, tin, steel or a combination
thereof which contain or formerly contained food and/or beverages.
Any entity that is contracted for the collection, removal
and disposal of residential, commercial or institutional mixed refuse
and recyclables.
The humus-like organic product generated from composting.
The microbial degradation or decomposition of organic matter
(such as vegetative matter, lawn waste, untreated wood waste, and
manure) into a useful product.
All waste from the construction, demolition, remodeling and
repair of structures, road building and land clearing. Such waste
includes but is not limited to bricks, concrete and other masonry
materials, shingles, siding, sheetrock, paneling, insulation, scrap
wood, fasteners, and bathroom and other fixtures.
All wood pulp based material which is usually smooth on both
sides with a corrugated center normally used for packing, mailing,
shipping or containing goods, merchandise or other material, but excluding
plastic, foam or wax-coated or any other coated or soiled cardboard
or cardboard contaminated by putrescible material.
The illegal disposal of solid waste.
The Code Enforcement Officer, the Woodstock police, or such
person or persons designated by the Woodstock Town Board to enforce
the provisions of this chapter.
Any person or residential, commercial/business or institutional
entity that generates solid waste within the Town of Woodstock.
All clean, empty glass containers made from silica or sand,
soda ash and limestone which are transparent or translucent and are
commonly used for the packaging or bottling of various products. These
containers shall include all clear, green, and brown glass bottles
and jars, separated by color, excluding, however, pottery or ceramics,
lead-based glass (such as crystal), plate glass, auto panes, mirrors,
light bulbs, heat-resistant glass or ovenware, thermopane, laboratory
glass, safety glass, or glass of any other color or other contamination.
Any person engaged in the business or activity of collecting,
storing and transporting regulated recyclable material.
The same meaning as defined in § 1389-a of the
New York State Public Health Law and shall include any other material
deemed hazardous by the Woodstock Town Board.
Any substance or material commonly used in the home, workshop,
lawn or garden that poses a substantial threat or potential hazard
to human health or the environment when disposed of through ordinary
means. Household hazardous waste consists of discarded materials which,
if it were not for their point of origin (household rather than industrial),
would be hazardous wastes under 6 NYCRR 371, including pesticides,
or other materials as deemed hazardous by the Woodstock Town Board.
Abandonment of solid waste in a nondesignated area, place
or manner.
Paper, cardboard, plastic, tins, wrappings, glass, and cans
whose contents have been consumed or of which use has been made subsequent
to purchase or acquisition and prior to being taken into a private
residence or place of business.
The illegal disposal of litter.
The materials or substances of refuse from persons or residential,
commercial/business, or institutional entities generated within the
Town which are considered spent, useless, worthless or in excess by
the owner at the time of discard or rejection and which are composed
of the following two basic components:
RECYCLABLESAny discarded materials for which there are markets. Recyclables include but are not limited to uncontaminated newspaper, batteries, glass bottles and jars, tin or aluminum cans, high-density polyethylene and polyethylene plastic containers, and uncontaminated yard waste such as leaves, brush, etc.
NONRECYCLABLESAny portion of the waste stream not included under "recyclables" and not treated separately as hazardous waste as defined in this chapter. Nonrecyclables include but are not limited to garbage, rubbish, spent consumer items, and putrescible solid waste, including animal waste, resulting from the handling, storage, sale, preparation, cooking or serving of food.
All clean, dry paper commonly referred to as newspapers or
newsprint, not sunburned and free from paper other than newspaper
or other contamination, including putrescible material, and containing
not more than the normal percentage of rotogravure and colored sections.
Clean, white or colored ledger, bond, writing, copier or
other paper, with or without printing or writing, but free of glossy,
treated, coated or padded stock, carbon, plastic, or other contamination.
Any natural person, individual, partnership, copartnership,
association, owner or manager of a business, commercial or industrial
establishment, joint venture, corporation, trust, estate, institution,
not-for-profit organization or any other legal entity, including a
municipality or any other waste generator.
All clean, empty containers made of the plastic resins, including
but not limited to plastic bottles or jugs having contained spring
water or various beverages.
The process of waste prevention through making informed environmentally
sensitive purchasing decisions before adding to the waste stream.
Any regulated solid waste that exhibits the potential to
be returned to the economic resource stream in the form of raw materials
to be used in place of virgin materials in manufacture of new products.
Any process by which regulated materials which are separated
from the solid waste stream at the source or point of generation are
separated, collected, sorted, processed and/or transported and returned
to the economic mainstream in the form of raw materials to be used
in place of virgin materials in manufacturing of new products.
All materials or substances discarded or rejected within
the Town of Woodstock 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, industrial and commercial waste,
sludge from air or water pollution control facilities or water supply
treatment facilities, rubbish, ashes, contained gaseous material,
incinerator residue, demolition and construction debris and offal,
but not including sewage and other highly diluted water-carried materials
or substances and those in gaseous form, source, special nuclear or
by-product material within the meaning of the Federal Atomic Energy
Act of 1954, as amended, and waste which appears on the list of hazardous
waste promulgated by the Commissioner of Environmental Conservation
pursuant to § 27-0903 of the New York State Environmental
Conservation Law.
The segregation of regulated recyclable materials from the
solid waste stream at the point of generation for separate collection,
sale or other disposition.
The part of the wheels from vehicles such as cars, trucks,
buses and bicycles composed of rubber and/or synthetic rubber-like
materials.
The Town of Woodstock and all the lands within its boundaries.
Grass clippings, leaves, twigs, branches, lawn and garden
wastes, weeds, brush, shrubbery clippings, clean wood and clean pallets,
excluding treated, painted or glued wood, construction and demolition
wood, or other debris.
A.
Persons residing or conducting business in the Town
shall be required to separate glass, cans, plastics, newspapers, corrugated
cardboard and office paper, as defined in this chapter, prior to such
materials being deposited into legal receptacles for removal to a
transfer station and/or facility for accepting solid waste and recyclables.
B.
Persons residing in the Town who choose not to separate
recyclables from their solid waste stream shall engage the services
of only those haulers who shall provide for them the service of source
separation.
C.
All recyclables, whether separated at the point of
generation or by the hauler, shall be clean and contain no putrescible
material.
A.
No person, firm or private or municipal corporation
or department thereof shall place, deposit or dump or cause to be
placed, deposited or dumped for the purpose of abandonment any metal,
plaster, lumber, construction and demolition debris, metal tanks,
automobile parts (except in legal and presently existing auto salvage
yards), barrels, cans, appliances, tires, furniture, medical waste, or
noncompostable solid waste of any nature on any public or privately
owned lot, tract of land, street, alley, road, park or reserve within
the boundaries of the Town.
B.
No material of any nature which could be or is considered
to be hazardous, infectious, toxic, radioactive, harmful or a pollutant
may be dumped anywhere within the boundaries of the Town.
C.
The use of any lands, including privately owned lands,
with in the Town for dumping of noncompostable solid waste is hereby
prohibited.
A.
No person shall throw or deposit litter on any property
within the boundaries of the Town, whether public or privately owned,
nor shall any property owner use his/her land for the dumping of litter
or permit such dumping or accumulation of litter on his/her property
by others, except that the owner or his/her agent or tenant shall
maintain private receptacles for the collection of litter in such
a manner that litter will not be carried or deposited by the elements
upon any public or privately owned lot, tract of land, street, alley,
road, park or reserve within the boundaries of the Town.
B.
No person shall maintain or cause to be maintained
on any premises a receptacle of 1 1/2 cubic yards or larger for
garbage or refuse, commonly known as a "commercial dumpster," unless
at all times said receptacle meets the following standards:
(1)
The receptacle contains nonrecyclables only, except
in the case of construction and debris rolloffs, or in the case that
the hauler or his/her subcontractor performs separation of recyclables
prior to disposal of solid waste.
(2)
The area around the receptacle shall be kept free
of debris and spillage, and the receptacle top (except in construction
and debris rolloffs) shall be closed securely when garbage or refuse
is not actually being deposited into the receptacle.
C.
Litter not contained in receptacles as aforesaid shall
not be stored or piled on land within the Town, except to facilitate
pickup by a refuse collector, salvage dealer, licensed junk dealer
or a person, firm or charitable organization customarily engaged in
the removal, purchase, collection or salvage of discarded articles,
and, in such case, uncontained litter shall not be stored for a period
in excess of 96 hours.
D.
No person shall throw, deposit or abandon litter in
or on any public or privately owned lot, tract of land, street, alley,
road, park or reserve within the boundaries of the Town, except in
designated public receptacles.
E.
No person shall throw, deposit or abandon any solid
waste or toxic or hazardous material of any kind whatsoever in any
pool, pond, lake, stream, culvert, wetland, reservoir or its tributaries,
or watershed, or in any body of water in a park or within the boundaries
of the Town, except that this provision shall not prohibit the authorized
treatment and control of pools and reservoirs to control or to regulate
water purity or aquatic vegetation by persons or corporations having
all required permits issued by state, county, Town or watershed authorities
having jurisdiction over such treatment.
F.
No person shall fail to separate, prepare for collection,
collect, transport or dispose of regulated recyclable materials or
yard waste in accordance with this chapter.
G.
No person shall place regulated recyclable materials
at other than designated locations.
H.
No person shall take from his or her home or place
of business and deposit into municipal litter and recyclable receptacles
any garbage, recyclable materials, yard waste, hazardous waste, litter,
debris, or any type of solid waste.
The Town of Woodstock, its employees and departments
shall purchase recycled and nontoxic materials where available and
economically feasible and take appropriate measures to reduce solid
waste wherever possible. At the time of submission of budget requests
for the next fiscal year, each Town department and office shall seek
to reduce solid waste and to purchase recycled and nontoxic materials.
A violation of § 192-4 of this chapter shall be a violation and the penalties for violation thereof shall be as set forth in § 192-8A of this chapter. A violation of § 192-5 of this chapter shall be a violation and the penalties for violation thereof shall be as set forth in § 192-8B of this chapter.
A.
Section 192-4.
(2)
In each instance of a violation of § 192-4 of this chapter, in addition to the fine imposed shall be the costs incurred by the Town for removal of illegal materials and the proper disposal of such; for restoration of the premises to its prior condition to the extent practicable; and for any reasonable attorney fees paid by the Town to enforce compliance with § 192-4 of this chapter.
