[HISTORY: Adopted by the Board of Trustees of the Incorporated Village of Bayville 2-25-1991 as L.L. No. 3-1991. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Refuse and Cesspool Waste Law of the Incorporated Village of Bayville."
For the purposes of this chapter, the terms used herein are defined as follows:
- Residue from the combustion of solid fuels.
- BUILDING DEBRIS
- Residue resulting from minor noncommercial repairs to a private dwelling made by the owner or occupant thereof himself.
- BUILDING RUBBISH
- Residue resulting directly from building construction, reconstruction, repair or demolition; from grading, shrubbing or other incidental work in connection with any premises; or from replacement of building equipment or appliances.
- BULK STORAGE CONTAINER
- A standard Dempster-Dumpster, Galion E-Z Pack front-end loading-type container or an equal container for refuse that can be hauled directly to the point of disposal or emptied into a larger compactor-type truck for disposal.
- CESSPOOL WASTE
- Sewage and body waste.
- COMMERCIAL REFUSE
- Waste originating in and around commercial establishments, hotels, restaurants, cafeterias, grocery stores and nonpublic institutions.
- DEPOSIT RETURNS
- Glass, metal or plastic containers used for the sale of beverages for which a deposit is required under New York State law.
- All putrescible wastes, except cesspool waste, including waste accumulations of animals or vegetable matter, and waste that attends the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit and vegetables. "Garbage" also includes but is not limited to offal, litter and filth. The term "garbage" shall not include recognized industrial by-products.
- A. A solid waste, or combination of solid wastes, which, because of its quantity, concentration or physical, chemical or biological characteristics, may:
- B. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or
- C. Cause or significantly contribute to a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
- D. Such wastes shall include, but not be limited to, wastes which are bioconcentrative, highly flammable, explosive, highly reactive, toxic, poisonous, radioactive, irritating, sensitizing or infectious and shall also include wastes that are solid, semisolid, liquid or contained gases and a solid waste which appears on the list or satisfies the criteria promulgated by the Commissioner of Environmental Conservation of the State of New York, pursuant to § 27-0903 of the New York State Environmental Conservation Law.
- INDUSTRIAL REFUSE
- Waste resulting directly from industrial or manufacturing operations.
- INSTITUTIONAL REFUSE
- Waste originating in and around tax exempt hospitals and public, charitable, philanthropic or religious institutions conducted for the benefit of the public. Institutions not covered by the foregoing definition shall be considered commercial establishments.
- Any noncoated paper sold or distributed at regular or irregular intervals to convey or report news, opinions, advertisements or other matters of public or private interest, but excluding all magazines, books, other periodicals, brochures, posters, cardboard, boxes, containers and other paper or paper products of any kind or nature whatsoever.
- Discarded material which may be reclaimed, comprising solid waste in the form of paper, glass, metals and plastics as further defined in Chapter 57 of this Code.
- All putrescible and nonputrescible wastes, including garbage, rubbish, ashes, newspapers, dead animals or fowl, discarded vehicles, cesspool waste and commercial, industrial and institutional wastes.
- Solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, discarded furniture, crockery, street cleanings and similar materials.
Garbage. All garbage shall be drained of surplus liquid, shall be properly bagged or wrapped and shall be placed in a nonleaking metal or plastic container with a tight-fitting cover, strong handles and a capacity of not less than ten (10) nor more than thirty-two (32) gallons. The weight of such container when loaded shall not exceed seventy-five (75) pounds, and the total weight of all containers shall not exceed one hundred fifty (150) pounds. The container shall be kept in a sanitary condition. The covers shall be kept secure and fastened at all times, except when depositing or removing garbage, so that flies, insects, dogs and other scavengers cannot gain access.
All rubbish of a kind which, by its nature, can be scattered about unless securely confined shall be placed and kept in containers of a type which will prevent the contents thereof from sifting out or from being scattered or blown about. All other rubbish shall be placed into containers, unless too large in size, in which case it shall be neatly placed while awaiting collection.
Brush and branches shall be tied in bundles not larger than four (4) feet in length and eighteen (18) inches in diameter.
Rubbish containers shall be of a type suitable for the material therein deposited. Such containers are preferably to be of wood or metal, but baskets, burlap, cloth or plastic bags and substantial cartons may be used for light rubbish such as leaves, etc. Rubbish that cannot readily be placed in containers shall be reduced in volume as much as possible and securely tied to permit speedy handling.
The combined weight of each rubbish container and its contents shall not exceed seventy-five (75) pounds.
Ashes. All ashes shall be placed and kept in secure containers, packaged in such a manner that they will not be blown about or easily spilled. All ashes shall be cool and dry when placed in such containers.
The schedule for collection of refuse shall be fixed from time to time by resolution of the Board of Trustees.
Where any item of refuse placed for collection exceeds the weight of seventy-five (75) pounds, the village reserves the right to refuse to collect the material, to defer the collection, to collect the material in part or to make a special collection thereof at a charge to be determined by the Sanitation Foreman, based upon the cost to the village of the personnel and equipment required therefor, plus reasonable overhead. Such special collection services shall be rendered only at the convenience of the Department of Sanitation, subject to the availability of personnel and equipment and without liability for delay.
Where any refuse is placed in an improper container or is not securely tied as hereinbefore provided, the village reserves the right to refuse to collect the material.
Refuse shall be placed for collection just inside the front property line of the premises, preferably near the driveway or such other location as will facilitate collection.
No refuse shall be placed for collection at any time earlier than the evening before such collection is scheduled. All containers shall be promptly removed within a reasonable time after collection has been completed and shall be stored in a safe and sanitary location which will not create a visual nuisance to neighboring property owners.
The village reserves the right to refuse to collect any refuse until any violations hereunder have been corrected.
The following materials shall not be collected by the village, and no person shall place any of the following in any container for collection by the village nor place such items for collection by the village in any manner:
Broken glass, metal with jagged or sharp edges or other similar material unless such material is properly packaged so as to avoid injury to the persons collecting the same.
Wearing apparel, bedding or similar items from homes or other places where highly infectious or contagious diseases have prevailed.
Gasoline, benzene, kerosene, turpentine or similar explosive, combustible, flammable or highly volatile liquid.
Cartridges, shells, ammunition, gunpowder or explosives.
Household appliances and furnishings weighing over seventy-five (75) pounds or having dimensions greater than six by three by three (6 x 3 x 3) feet unless such items are dismantled and reduced in weight and size below the foregoing dimensions; except, however, that such items may be placed for collection at such times as shall be designated by the village.
Building rubbish, but not including building debris.
Trees, tree stumps or limbs.
Dead animals or fowl.
Commercial, industrial and institutional refuse.
Hazardous or toxic waste in any form.
Waste and residue resulting from industrial and chemical process.
Automotive and machine parts resulting from the repair of mechanical devices.
Defecated materials, earth, stone and building and property renovation materials.
Used motor oil, which shall only be disposed of by delivery to a service station which is required under state law to accept such material.
Commercial, industrial and institutional establishments shall contract with a private collector for the collection of refuse. Such collection shall be made on a regular basis and at sufficient intervals so as to prevent the unsafe, unsightly or unsanitary accumulation of such refuse.
The owner or occupant of any commercial, industrial or institutional establishment may, in addition to the containers required by this chapter, maintain one (1) or more bulk storage containers outside of said establishment, in a location approved by the Sanitation Foreman, and on such additional terms and conditions as said official may impose, in addition to those contained in this chapter, to protect the health, safety and welfare of the public.
Bulk storage containers, if so maintained, shall be furnished by and remain in the property of the owner or occupant, shall be verminproof, shall be used only for the storage of refuse and shall be plainly marked with the name of the owner or occupant.
Care and maintenance of bulk storage containers shall be the responsibility of the owner or occupant, as the case may be, and the Sanitation Foreman shall have the authority to direct that any container be cleaned, sanitized, painted, repaired or replaced as necessary.
Refuse shall be completely contained within the bulk storage container. No refuse shall be permitted to accumulate outside the confines of the container nor in such fashion or manner that the container cover cannot be firmly closed. Bulk storage container covers shall be kept closed at all times.
No person other than an authorized employee of the village shall remove refuse of any kind from any premises nor cart or transport said refuse through or upon the streets of the village without first having obtained the required permits from the Nassau County Health Department.
Each private collector shall maintain an adequate and prompt collection service.
Vehicles used by private collectors shall be kept in a sanitary condition and constructed so that no leakage or spillage occurs when the vehicle is collecting or transporting refuse. Vehicles for garbage shall be packer-type or approved-type vehicles. Vehicles for rubbish, debris and similar materials shall have a top or canvas cover to prevent scattering of materials. All vehicles shall be subject to inspection by the General Foreman.
Private collectors of refuse within the Incorporated Village of Bayville shall make such collections between the hours of 7:00 a.m. and 6:00 p.m.
No person shall clean a cesspool or remove the contents thereof and transport same through or upon the streets of the village without first having obtained the required permit from the Nassau County Health Department.
Vehicles used by private collectors shall be kept in a sanitary condition and constructed so that no leakage or spillage occurs when the vehicle is collecting or transporting cesspool waste.
Private collectors of cesspool waste shall make such collections between the hours of 7:00 a.m. and 6:00 p.m., except in emergency situations.