[HISTORY: Adopted by the Board of Trustees of the Village of Angola as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-21-2002 by L.L. No. 3-2002]
This article shall be known as the "Solid Waste Law of the Village of Angola."
The Village Board of the Village of Angola has determined that the reduction, reuse, recycling and proper disposal of solid waste are important public concerns and will benefit the public health, safety and welfare and aid in preservation of the environment.
The program established hereunder for the separation, preparation, collection and disposal of solid waste shall be under the supervision of the Village Board of the Village of Angola, directly or through its designated agencies or representatives, as determined by the Village Board.
The following words and phrases used throughout this article shall have the following meanings:
- COLLECTION SITE
- The spot or area, curbside or otherwise, specified as the site for placement of solid waste which has been prepared for collection. The Village Board may prescribe standards for designating and maintaining a collection site by rule, regulation or order, as it deems appropriate.
- A. Those items of solid waste, excluding recyclable waste and special solid waste, as defined herein, designated by the Village Board as eligible for curbside pickup. Non-recyclable waste includes but is not limited to:
- (1) Garbage: putrescible solid waste, including animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking and serving of foods.
- (2) Rubbish: rags, sweepings, excelsior, rubber (other than vehicular tires), leather, crockery, shells, clothing, straw, dirt, filth, wastepaper, and waste glass not meeting the definition and/or specifications for recyclable waste and similar waste materials.
- B. The above list may be modified by rule, regulation or order of the Village Board, as the need arises.
- NONRESIDENTIAL GENERATOR
- Any person who generates solid waste in the Village of Angola and who is not a residential generator, as defined herein.
- Any individual, natural person, firm, partnership, association, corporation, institution or other entity.
- PRIVATE COLLECTOR(S)
- A person, firm, partnership, corporation or other legal entity providing services for the collection, transportation and/or disposal of solid waste, duly licensed by the Village of Angola pursuant to this article.
- RECYCLABLE WASTE
- Those materials designated by the Village Board as requiring separation from all other solid waste at the source of generation. They include but are not limited to corrugated cardboard, high-grade paper, newspapers, magazines, aluminum and metal beverage containers, clear glass bottles and jars, and plastic containers designated No. 1 and No. 2 on their recycling codes. The above list of materials may be modified by rule, regulation or order of the Village Board, as the need arises.
- RESIDENTIAL GENERATOR
- Any person, including a lessee or other person in possession, who generates solid waste on or at a site or parcel which is a part of the Village of Angola Garbage District.
- SOLID WASTE
- All putrescible and nonputrescible materials that have been discarded or rejected, including but not limited to recyclable, non-recyclable and special solid waste, as defined herein, garbage, refuse and rubbish resulting from residential, commercial, industrial and community activities. Not included are hazardous wastes, as identified and defined by the New York State Department of Environmental Conservation.
- SPECIAL SOLID WASTE
- All other solid waste or other waste materials not identified or treated as either recyclable waste or non-recyclable waste herein, including but not limited to:
- A. Major appliances: stoves, refrigerators, dishwashers, dryers, washing machines, sinks, toilets and other similar large appliances.
- B. Large household furnishings: all other large and/or bulky articles actually used in the home and which equip it for living, such as chairs, sofas, tables, beds, carpets and similar items.
- C. Green waste: leaves, grass clippings from lawns, flowers or gardens, brush and cuttings from shrubs, hedges and trees which are not reused or composted but are intended for disposal as part of the waste stream.
- D. Construction and demolition debris: discarded building materials, concrete, stones, waste earth from excavations or grading and all other refuse matter resulting from the erection, repair, remodeling or demolition of buildings, structures or other improvements of property.
- E. Vehicular tires or tire casings, batteries, motor oil, paint and containers for the same.
- F. Hazardous waste: as defined in the New York State Environmental Conservation Law, Article 27, and also including but not limited to low-level radioactive waste and special nuclear or by-product material, as defined by Article 29 of the Environmental Conservation Law and the United States Atomic Energy Act of 1954, respectively.
- SUITABLE CONTAINERS(S)
- Such container(s) as shall, from time to time, be designated as acceptable for the collection of recyclable waste, non-recyclable waste or special solid waste for residential generators by resolution of the Village Board or by their private collectors, in compliance with this article.
No person shall prepare solid waste for collection and disposal except as provided herein:
Recyclable waste shall be separated from other solid waste at the point of waste generation.
Recyclable waste form residential generators shall be separated from other solid waste and placed in one or more suitable containers for curbside collection, prepared for collection in such manner as may be required by rule, regulation or order of the Village Board.
Recyclable waste from nonresidential generators shall be separated from other solid waste and placed in one or more suitable containers for collection, prepared for collection in such manner as may be required by rule, regulation or order of the Village Board.
Non-recyclable waste from residential generators shall be separated from other solid waste and placed in suitable containers for curbside collection, in such allowable quantities and prepared for collection in such manner as may be required by rule, regulation or order of the Village Board.
Non-recyclable waste from nonresidential generators shall be separated from other solid waste and placed in suitable containers and prepared for collection in such manner as may be required by rule, regulation or order of the Village Board.
Recyclable waste and non-recyclable waste shall not be commingled with each other or with other solid waste at any point during its preparation for collection, and it shall be a violation of this article for any person to prepare and set out for collection any can, container or bag containing solid waste which has not been separated and prepared as required herein.
It shall be a violation of the article for any person to collect, pick up, remove or dispose of, or allow to be collected, picked up, removed or disposed of, any solid waste within the Village of Angola except as provided in this article.
Recyclable and non-recyclable waste from residential and nonresidential generators shall be collected and disposed of by the Village of Angola, or its authorized collector, in the manner and at the times and places as may be specified from time to time by rule, regulation or order of the Village Board.
No residential or nonresidential generator shall mix or cause to be mixed with his recyclable and/or non-recyclable waste prepared for collection and disposal by the Village of Angola or its authorized collector any solid waste not generated by such residential or nonresidential generator within the Village of Angola.
Neither the Village of Angola nor its authorized collector shall have any obligation to collect, and shall not collect, any solid waste not prepared for collection in accordance with this article.
Recyclable waste placed at the curbside or other appropriate place for collection by the Village, as provided herein, shall become the property of the Village of Angola upon placement at the collection site. No person who is not acting under authority of the Village of Angola or its authorized collector shall collect, pick up or remove, or cause to be collected, picked up or removed, any recyclable waste so placed for collection. Each authorized collection, pickup or removal shall constitute a separate violation of this article; provided, however, that where the Village has refused to collect certain recyclables because they have not been prepared and placed for collection in accordance with this article, the residential generator may and shall remove such recyclables from the collection site.
All other solid waste from residential and nonresidential generators, including but not limited to construction and demolition debris, major appliances, large household furnishings, tires and auto batteries and green waste, shall be collected and disposed of by private collectors, duly permitted by the Village under the article. The Village Board may, from time to time, authorize special collection and disposal programs for one or more of these items, on such terms and conditions as it may deem appropriate.
No person, resident or nonresident, shall throw, deposit or dump or cause to be thrown any garbage, rubbish, solid waste or recyclable or non-recyclable waste of any type on any public highway, street, roadside or land, whether developed or undeveloped, within the Village of Angola.
No person shall collect, pick up or remove for disposal, for a fee, any solid waste from any residential or nonresidential generator in the Village of Angola without first obtaining a solid waste collection license (SWC license) from the Village Clerk.
The application for the SWC license shall be on such forms as are prescribed by rule, regulation or order of the Village Board. Each application shall be completed by the applicant or a duly authorized representative of the applicant, shall be accompanied by the appropriate fee and shall contain, at a minimum, the following:
The name, business address and business telephone and facsimile number(s) of the private collector.
A description of the specific types of solid waste to be collected and disposed of under the license.
A description of the manner of collection and the location and method of disposal of the recyclable waste, non-recyclable waste and other solid waste to be collected and disposed of under the license. (Applicants must provide a copy of their specifications to customers for preparation of solid waste for collection and disposal, and such specifications must comply with the requirements of the article.)
A sworn statement that the applicant will not accept for disposal any solid waste which has not been prepared for collection and disposal as required by this article and acknowledging that the issuance of this license is conditioned upon its collection and disposal operations conforming, in all respects, to the purpose, intent and requirements of this article.
Subject to the requirements of this section, the SWC license shall be issued by the Village Clerk upon completion of the application and payment of the appropriate fee and shall be valid for one calendar year, expiring on December 31 of each year, unless earlier suspended or terminated as provided for herein. The fee shall be established by resolution of the Village Board on an annual basis.
The SWC license shall require each licensed collector to maintain separate monthly records showing certain information regarding collection and disposal from generators within the Village of Angola. Such records shall specify the type and number of generators serviced, the quantity of recyclable, non-recyclable and other solid waste collected and the location and manner of disposal, by tonnage. Such record(s) shall be delivered to the Village Clerk quarterly.
All licensed collectors shall indemnify and hold harmless the Village of Angola for any pending threatened or actual claims, liability or expenses arising from collection and/or disposal of solid waste by the licensed collector in violation of this article.
Failure of the private collector to comply with all of the above requirements and all requirements of this article shall constitute grounds for suspending or terminating said collector's license or for denying the issuance of said collector's license.
Written notice shall be given to the private collector of the reason for any SWC license denial, suspension and/or termination, and such private collector shall be entitled to demand, within 10 days of its receipt of such written notice, a hearing before the Village Board on the issue. Such hearing shall be held within 10 days of the receipt by the Village of the demand for such hearing, and written notice of the Village Board's decision shall be given to the private collector no later than 10 days after such hearing.
The Village Board is hereby authorized to promulgate such rules, regulations and orders as it may deem reasonable and necessary to carry out the intent and purpose of this article. Such rules, regulations and orders shall be adopted by Village Board resolution.
Enforcement of this article will be maintained by any police officer, Code Enforcement Officer or any other person or persons duly designated by the Village Board of the Village of Angola.
Each and every violation of this article shall constitute a separate violation, as defined in the Penal Law, and shall be punishable by a fine as follows or by imprisonment for not more than 15 days, or both:
In the event of succeeding and continuing violations, any person who shall be convicted of violating or failing to comply with the provisions of this article shall be liable for a fine of $250 per day or imprisonment for not more than 15 days, or both.
In addition to the above penalties, the Village Board may also maintain an action or proceeding to compel compliance with this article or to restrain, by injunction, the violation of this article.