[1]
Editor's Note: Sections 161-6 through 161-11 of this article were renumbered as §§ 161-5 through 161-10 by Ord. No. 92-34, adopted 8-31-1992.
I.
General purpose. The purpose of these rules and regulations is to eliminate and prevent health, welfare and safety hazards and to fundamentally preserve and protect ecologically the environment of the City of Schenectady by ensuring adequate standards for the transportation to and disposal of solid waste at the City of Schenectady owned and operated solid waste disposal facility and to establish fees charged for its use.
[Added 2-14-1994 by Ord. No. 94-02]
II.
Type of refuse accepted. "MSW" means municipal solid waste as defined and 6 NYCRR 360 regulations, which includes all materials or substances that are generally 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 trash, garbage, refuse, rubbish, discarded materials from residential, commercial, municipal and industrial activities and vegetative waste, but not including hazardous waste, ash, biomedical or infectious waste, yard waste, construction and demolition debris and special waste and mandated recyclable materials (as defined by the City Code). "Hazardous waste" means waste which is defined or listed as a hazardous waste in the Solid Waste Disposal Act, 42 § U.S.C. 6901 et seq., as amended, and all regulations promulgated thereunder, or waste which is defined or listed as a hazardous waste in other applicable federal, state or local statutes or ordinances and all amendments thereto, and all regulations promulgated thereunder. The term "hazardous waste" shall be construed to have the broader, more encompassing definitions employed by two or more governmental agencies or units having concurrent or overlapping jurisdiction over hazardous waste.
[Added 2-14-1994 by Ord. No. 94-02]
A. 
All waste disposal at the solid waste transfer station must be generated and collected from within the corporate boundaries of the City of Schenectady. Exceptions will only be made by formal written agreement between the City and the formal applicant requiring such service.
B. 
The type of solid waste delivered to the Schenectady solid waste transfer station must not be of such quality, quantity or other nature so as to materially impair the operation, capacity, strength or the durability of the structures, equipment, works or operation at the Schenectady solid waste facility.
C. 
It shall be unlawful for any person using the Schenectady solid waste facility to discharge, dump or empty solid waste from any vehicle except at a location or locations and in a manner approved by the Sanitary Superintendent or his duly authorized agent.
D. 
It shall be unlawful for any person to dispose of refuse at the Schenectady solid waste facility except by a method approved by the Sanitation Superintendent.
E. 
It shall be unlawful to deposit refuse at the Schenectady solid waste facility except on days and hours fixed by the City.
F. 
All incoming and outgoing traffic will be controlled in such a manner as to provide orderly and safe ingress and egress. All drivers must observe all traffic control devices and a maximum speed of 10 miles per hour on all transfer station roads.
[Amended 2-14-1994 by Ord. No. 94-02]
G. 
The Director of Solid Waste may refuse to permit the depositing of certain undesirable materials.
[Amended 2-14-1994 by Ord. No. 94-02]
H. 
All unloading of solid waste will be conducted in the immediate disposal area.
[Amended 2-14-1994 by Ord. No. 94-02]
I. 
All unloading of solid waste will be conducted in such a manner as to minimize odor and litter outside the immediate disposal area.
J. 
Accurate daily records of site operation shall be maintained. These records shall contain information pertinent to site operation. Intake of solid waste in tons and fees collected or accrued will be recorded daily.
K. 
Materials subject to blowing shall be containerized, either boxed or bagged.
[Added 2-14-1994 by Ord. No. 94-02]
L. 
Vehicles used to transport waste materials to the Schenectady solid waste transfer station.
[Amended 2-14-1994 by Ord. No. 94-02]
(1) 
The bodies of all vehicles used to haul, transport or dispose of refuse or other solid waste shall be of metal or other impervious material. All vehicles shall be constructed and maintained so as to prevent refuse from accumulating in or on the body and shall be capable of being completely emptied.
(2) 
Any vehicle used to haul garbage, wet or dry, shall be fully enclosed or other approved type to minimize the escape of any of the vehicle's contents, either liquid or solid.
(3) 
Any vehicle whose use is intended for dry wastes such as trash, rubbish, empty boxes, papers, grass, tree trimmings, cans, bottles and all similar material may be of open-body type, but shall be equipped with eye hooks, cleats or other similar holdfast facilities fixed to sides and ends of the vehicle and with a tarpaulin or other approved cover to prevent blowing off, spilling or scattering of the same along the routes to the Schenectady waste disposal facility.
(4) 
All vehicles used to haul or transport refuse or other solid waste to Schenectady waste disposal facility shall be subject to inspection by the Department of Engineering and Public Works.
(5) 
Small vehicles such as sedans, station wagons, pickup trucks, etc., that are unloaded by hand will be allowed to use the solid waste disposal facility but they must use the car dump area. They may be required to go over the scale for proper identification and necessary fee payments.
(6) 
Large dump trucks and similar type vehicles will be allowed use of the transfer station proper, provided that they meet the requirements of this § 161-5.
M. 
Special requirements. Solid waste commercial vehicles using the transfer station scale and building facility:
[Added 2-14-1994 by Ord. No. 94-02]
(1) 
Must be capable of transporting a minimum of three tons of solid waste per trip.
(2) 
Must have a self-contained and self-powered automatic unloading mechanism capable of discharging the entire solid wastes load in five minutes or less.
(3) 
Must be capable of performing all its functions, including maneuvering and unloading, without assistance from Schenectady facility equipment or personnel.
(4) 
Must provide a completely enclosed volume for the solid wastes to prevent the escape of any material during transit.
(5) 
Must not exceed any of the following overall dimensions: 55 feet in length; eight feet in width; and 13 feet six inches in height.
(6) 
Must not exceed 25 feet in height, measured to the highest extremity of the vehicle, during the unloading cycle.
(7) 
Must display identification markers issued by Schenectady, in locations designated by Schenectady.
(8) 
Must be kept in good repair and be neat and clean in appearance.
(9) 
Must comply with the New York State Vehicle and Traffic Law and all other applicable federal, state and local laws and regulations.
N. 
The solid waste disposal facility shall be operated under the supervision and direction of the Director of Solid Waste who shall be empowered to promulgate additional rules and regulations to ensure the proper operation of the Schenectady disposal facility.
[Amended 2-14-1994 by Ord. No. 94-02]
The following materials shall not be deposited at the Schenectady solid waste disposal facility:
A. 
Explosives or munitions.
B. 
Combustible liquid or gas containers, bottles, cylinders or cans or materials which create flammable or explosive conditions.
C. 
Caustic acids, corrosives or chemical or other hazardous wastes, including materials with chemical properties capable of causing material damage to the facility.
D. 
Liquid wastes or slurry wastes.
E. 
Unapproved industrial waste.
[Amended 2-14-1994 by Ord. No. 94-02]
F. 
Tree trunks, stumps, branches or limbs over four inches in diameter or over four feet in length.
G. 
Slag, rock, sand, brick or concrete.
H. 
Thick-walled or solid metallic objects such as castings, forgings, gas cylinders or large motors.
I. 
Steel or nylon rope, cables or slings more than four feet long.
J. 
Case-hardened or alloy-steel chains over 3/8 inch in diameter or more than four feet long.
K. 
Rolls of carpet or fencing over 12 inches in diameter.
L. 
Dead animals, animal wastes or parts of animals.
M. 
Automotive or larger size tires.
N. 
Solid blocks or rubber or plastic in excess of two cubic feet.
O. 
Tied or unbroken bales of paper, cardboard or textiles. (Ties must be cut for acceptance.)
P. 
Building material wastes from construction, demolition, alterations or repairs.
Q. 
Automobile bodies, large machine parts.
R. 
Hazardous solids, liquids, explosives, pathological wastes and radioactive material.
S. 
Industrial wastes.
T. 
Whole truckloads or substantial portions thereof composed of noncombustible materials or materials otherwise unsuitable for conversion to fuel.
U. 
Other material designed by the Sanitation Superintendent which cannot be properly processed in the solid waste disposal facility or which might create a health hazard, fire hazard or public nuisance.
A. 
All persons, firms or corporations depositing solid wastes at the solid waste disposal facility and using vehicles bearing commercial registration plates or using other type vehicles to dispose of solid wastes shall obtain a license for each such vehicle from the Director of Solid Waste's office on Weaver Street.
[Amended 2-14-1994 by Ord. No. 94-02]
B. 
A fee of $100 for the first truck and $50 for each additional vehicle per year shall be charged. The fee shall not be prorated when a license is issued for a portion of the year, and licenses shall expire on December 31 of each year.
[Amended 2-14-1994 by Ord. No. 94-02]
C. 
Such licenses for the use of the solid waste facility may be revoked by the Director of Solid Waste for violations of these rules and regulations and any special conditions as noted on the license or for failure to obey such rules or regulations which may be promulgated by the City Engineer and/or Director of Solid Waste to ensure the proper operation of the solid waste disposal facility.
[Amended 2-14-1994 by Ord. No. 94-02]
D. 
Such licenses for the use of the solid waste disposal facility may be revoked by the Sanitation Superintendent for violations of this chapter or for failure to obey such rules or regulations which may be promulgated by the Sanitation Superintendent to ensure the proper operation of the solid waste disposal facility.
[Amended 6-15-1987 by Ord. No. 87-45; 1-8-1990 by Ord. No. 90-01; 7-8-1991 by Ord. No. 91-29; 2-14-1994 by Ord. No. 94-02; 6-15-1998 by Ord. No. 98-18; 12-9-2024 by Ord. No. 2024-22]
A. 
The weighmaster at a solid waste disposal facility shall determine which vehicles entering the facility for the purpose of depositing of refuse shall be weighed and which vehicles shall not be weighed. Generally, vehicles which shall not be weighed include sedans, station wagons, pickup trucks and similar vehicles.
B. 
City residents, noncommercial use.
(1) 
City residents may use the transfer station per the fee schedule set by the operator for disposal of household refuse, provided that it is of an acceptable type and properly processed. For example, tree limbs must be less than four inches in diameter and not over four feet in length. (See § 161-6, Prohibited materials.) Questions regarding type of material acceptable can be answered by calling the transfer station.
(2) 
Transfer personnel will be available to assist as to where and how to deposit refuse.
(3) 
City residents will be required to obey all of the rules and regulations and conditions as outlined in Article II of this Chapter 161.
(4) 
City residents will not be required to obtain a license but must show proof of residence within the City limits by a driver's license and one other form of identification. All refuse disposed of must be generated from within the incorporated limits of the City of Schenectady.
C. 
Fee schedule. The following fees shall be charged to all persons using vehicles bearing commercial registration plates or using other type vehicles to dispose of wastes, except those owned by the City of Schenectady, for the use of the solid waste transfer facility:
(1) 
January 1, 1994, through December 31, 1994, or upon the date the Rotterdam Landfill attains the final grade as approved by the New York State Department of Environmental Conservation (NYSDEC) Order on Consent R4-0750-90-01: $62.50 per ton.
(2) 
January 1, 1995, or upon the date the Rotterdam Landfill attains the final grade as approved through the NYSDEC Order on Consent R4-0750-90-01 through June 9, 1995: $67.50 per ton.
(3) 
June 10, 1995, through June 9, 1996: $73 per ton.
(4) 
June 10, 1996, through June 9, 1997: $79 per ton.
(5) 
June 10, 1997 through December 31: $83 per ton.
(6) 
1998 and thereafter or further amendment.
D. 
Vehicles which are directed to be weighed by the weighmaster will be required to drive upon the scale for the purpose of determining the weight of the refuse contained therein. A fee as outlined in Subsection C of this section will be charged for each ton of refuse disposed of at such a facility, except that the minimum fee to be paid by any vehicle which shall be weighed shall be $100.
E. 
Payment of fee.
(1) 
Permitted users of the transfer station will be billed by BFI of New York, Inc., on a weekly basis, after appropriate credit or escrow accounts have been established with BFI of New York, Inc. Users with established credit shall make payment to BFI for solid waste delivered by or on behalf of the "the user" to "Schenectady facility," computed and billed as follows:
(a) 
Prior to the delivery of any solid waste to the Schenectady transfer station, the tare weight of all solid waste collection vehicles to be used by or on behalf of "the user" for delivery of solid waste to the "Schenectady facility" shall be determined by weighing the vehicles on the "Schenectady facility" scale. Roll-offs will be weighed prior to and after unloading to determine tare weights. Tare weights will be verified randomly by the City of Schenectady weighmaster.
(b) 
Upon each arrival at the "Schenectady facility," vehicles delivering solid waste shall be weighed at the "Schenectady facility" scale to determine the gross vehicle weight.
(c) 
The net weight of the solid waste delivered by "the user" to the "Schenectady facility" shall be determined by the "Schenectady facility" by subtracting the tare weight of the transfer vehicle from the gross vehicle weight.
(d) 
The total net weight of all solid waste delivered during each week by "the user" to the "Schenectady facility" shall be multiplied by the base tonnage rate to determine the amount of payment due BFI of New York, Inc., by "the user". Bills will be rendered by BFI of New York, Inc., to "the user" on a weekly basis. This bill must be paid within 30 days of date of invoice or transfer station privileges will be revoked. Additionally, any amount greater than 30 days past due will incur a late charge of 1.5% per month.
(2) 
Permitted haulers who are denied credit terms or have those terms revoked will be required to establish an escrow account with BFI of New York, Inc. The amount to be held in escrow will be based on the estimated monthly tonnage to be delivered to the facility.
F. 
The above fee schedule includes and is based on a tipping fee of $47.50 per ton charged the City of Schenectady by the City of Albany solid waste facility, the final disposal site. If this tipping fee is changed, then the above fee schedule will be adjusted accordingly.
G. 
The fee for commercial pickup of solid waste material shall be $3 per thirty-five-pound weight or portion thereof.
[Amended 6-15-1987 by Ord. No. 87-45; 2-14-1994 by Ord. No. 94-02]
A. 
Solid waste disposal facility operating hours will be set up by the Director of Solid Waste and posted at the scale house. Any notice of changes will be sent to permitted users of the facility via mail or facsimile. No one will be allowed to enter or use the facility except at those times authorized by the Director of Solid Waste.
B. 
Trucks or vehicles to be hand unloaded, using the private car dump area, will not be allowed to enter the facility after 2:45 p.m. unless they are capable, as determined by transfer station personnel, of unloading within a five-minute period.
I.
Use of transfer station building facility and scale. Vehicles which meet the qualifications as noted in the appropriate sections listed below will use the transfer station building facility proper. It is imperative that all of the appropriate rules and regulations be followed in order that a safe and efficient operation is maintained.
[Added 2-14-1994 by Ord. No. 94-02]
II.
Special requirements. The operator of the vehicles using the transfer station must follow and obey the instructions of the appropriate transfer station personnel explicitly. The key to an efficient and safe operation depends on cooperation among all concerned parties. Any operator who fails to obey the instructions of the transfer station personnel is subject to suspension or revocation of the appropriate transfer station permit.
[Added 2-14-1994 by Ord. No. 94-02]
A. 
All provisions of these rules and regulations set forth in Article III are enforceable by the Department of Solid Waste Supervisors, the Recycling Coordinator, the City Nuisance Inspector in the Department of Development, duly authorized Department of Engineering and Public Works personnel and police or peace officers.
[Added 4-11-1994 by Ord. No. 94-08; amended 5-23-1994 by L.L. No. 4-1994]
B. 
Upon determination by the Department of Solid Waste that there has been a violation of any provision of these rules and regulations, the Department of Solid Waste may suspend or revoke any permit to use the Schenectady Solid Waste Disposal Facility.
[Added 4-11-1994 by Ord. No. 94-08; amended 5-23-1994 by L.L. No. 4-1994]
C. 
Any person violating any provision of Article III is guilty of an offense and, upon conviction thereof, may be punished by a fine of not exceeding $500 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment.
[Added 4-11-1994 by Ord. No. 94-08; amended 5-23-1994 by L.L. No. 4-1994]
D. 
In the alternative, the City may determine that the violation of any of the provisions of Article III shall be enforced by the recovery of a penalty and, in that event, such penalty shall be $500 and shall be recovered in a civil action in any court having jurisdiction thereof, which action shall be brought in the name of the City.
E. 
For the purposes of Subsections C and D hereof, each day a provision of Article III is violated shall constitute a separate and distinct violation.
F. 
For the purposes of Subsections C and D hereof, the violation of a single provision of these rules and regulations shall constitute a separate and distinct violation.
G. 
Any penalties levied, fines imposed or damages recovered under Article III shall be in addition to any other remedies available under federal, state and local law.
Extraordinary commercial wastes will not be collected by the City but if deemed suitable for combustion may be disposed of by the producer at the City solid waste disposal facility, in accordance with the rules, regulations and fee schedule as established by the City and at his own risk and upon the following terms and conditions. In consideration of the foregoing grant and the privileges herein specified, said producer of extraordinary commercial wastes shall, as a condition precedent, release the City from any right of action, claim or demand which may accrue to it/him by reason of the loss of any of its/his property while in, upon or about the solid waste disposal facility premises and further agree for such consideration to indemnify said City and save it harmless from all claims, demands, damages, actions, costs and charges to which the City may be subject or which it may have had to pay by reason of any injury to any persons or property or loss of life or property suffered or sustained by any agent or employee of the extraordinary commercial waste producer while in, upon or about any part of the solid waste disposal facility or premises, whether such loss arises from the negligence of the employees, agents or servants of the City or otherwise.
[1]
Editor's Note: This section was originally designated as § 161-3. Ord. No. 92-34, adopted 8-31-1992, redesignated it as § 161-11.