[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.
- BULK ITEM
- 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.
- COMMERCIAL HAULER
- 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.
- CONSTRUCTION AND DEMOLITION DEBRIS
- 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.
- CORRUGATED CARDBOARD
- 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.
- ENFORCEMENT OFFICER
- 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.
- HAZARDOUS WASTE
- 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.
- HOUSEHOLD HAZARDOUS WASTE (HHW)
- 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.
- ILLEGAL DISPOSAL
- 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.
- MUNICIPAL SOLID WASTE
- 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:
- 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.
- OFFICE PAPER
- 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.
- SOLID WASTE
- 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.
- SOURCE SEPARATION
- 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.
- YARD WASTE
- 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.
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.
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.
All recyclables, whether separated at the point of generation or by the hauler, shall be clean and contain no putrescible material.
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.
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.
The use of any lands, including privately owned lands, with in the Town for dumping of noncompostable solid waste is hereby prohibited.
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.
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:
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.
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.
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.
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.
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.
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.
No person shall place regulated recyclable materials at other than designated locations.
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.
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.