[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."
A.Â
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.
B.Â
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:
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.
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:
Garbage: putrescible solid waste, including
animal and vegetable waste resulting from the handling, storage, sale,
preparation, cooking and serving of foods.
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.
The above list may be modified by rule, regulation
or order of the Village Board, as the need arises.
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.
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.
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.
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.
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.
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:
Major appliances: stoves, refrigerators, dishwashers,
dryers, washing machines, sinks, toilets and other similar large appliances.
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.
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.
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.
Vehicular tires or tire casings, batteries,
motor oil, paint and containers for the same.
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.
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:
A.Â
Recyclable waste shall be separated from other solid
waste at the point of waste generation.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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.
F.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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.
A.Â
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.
B.Â
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:
(1)Â
The name, business address and business telephone
and facsimile number(s) of the private collector.
(2)Â
A description of the specific types of solid waste
to be collected and disposed of under the license.
(3)Â
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.)
(4)Â
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.
C.Â
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.
D.Â
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.
E.Â
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.
F.Â
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.
G.Â
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.
A.Â
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:
B.Â
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.
C.Â
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.
