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:
ASHES
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.
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.
GARBAGE
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.
HAZARDOUS WASTE
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.
NEWSPAPERS
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.
RECYCLABLES
Discarded material which may be reclaimed, comprising solid waste in the form of paper, glass, metals and plastics as further defined in Chapter
57, Recycling, of this Code.
REFUSE
All putrescible and nonputrescible wastes, including garbage,
rubbish, ashes, newspapers, dead animals or fowl, discarded vehicles,
cesspool waste and commercial, industrial and institutional wastes.
RUBBISH
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.
The schedule for collection of refuse shall
be fixed from time to time by resolution of the Board of Trustees.
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:
A. 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.
C. Wearing apparel, bedding or similar items from homes
or other places where highly infectious or contagious diseases have
prevailed.
D. Gasoline, benzene, kerosene, turpentine or similar
explosive, combustible, flammable or highly volatile liquid.
E. Cartridges, shells, ammunition, gunpowder or explosives.
F. Household appliances and furnishings weighing over
75 pounds or having dimensions greater than six feet by three feet
by three 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.
G. Building rubbish, but not including building debris.
H. Trees, tree stumps or limbs.
K. Commercial, industrial and institutional refuse.
L. Hazardous or toxic waste in any form.
M. Waste and residue resulting from industrial and chemical
process.
N. Automotive and machine parts resulting from the repair
of mechanical devices.
O. Defecated materials, earth, stone and building and
property renovation materials.
P. 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.
The following items and materials shall be properly
separated from all other refuse, garbage, solid waste and discarded
material and placed for collection or disposed of as otherwise provided
in this Code.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A person convicted of violating any provision of this chapter
shall be guilty of a violation which is punishable as follows: by
a maximum fine of not more than $500 or 15 days' imprisonment, or
both.