As used in this chapter, the following terms
shall have these meanings ascribed to them:
BROWN GOODS
Electronic equipment containing circuit boards and transistors,
such as radios, stereos, televisions and computer components.
BULKY WASTE
Large items of refuse, including but not limited to furniture,
auto parts and appliances such as washers, dryers, refrigerators,
television sets, water heaters, mattresses, springs, logs and tree
stumps.
COMMERCIAL WASTE COLLECTOR
Any person who, as a business enterprise, collects residential
or commercial solid waste, from more than one household or any business
or commercial establishment or industrial facility within the Town
or otherwise transports or disposes of solid wastes collected from
said sources or who performs any of these services for a fee.
CONSTRUCTION AND DEMOLITION DEBRIS
Uncontaminated wastes resulting from construction, remodeling,
repair and demolition of structures. These wastes shall include but
not be limited to concrete, asphalt, stone, brick, block, wood, plaster,
nonasbestos shingles and insulation, roofing materials and metals,
plumbing fixtures, electrical wiring, but shall not include any hazardous
wastes or any of said listed materials which contain, include or have
been tainted or affected by toxic, hazardous or otherwise harmful
elements, chemicals or materials.
GARBAGE
Putrescible animal or vegetable waste resulting from the
handling, storage, sale, preparation, cooking or serving of food.
HAZARDOUS WASTE
Any waste or combination of wastes which because of its quantity,
concentration or physical, chemical or biological characteristics
possesses a substantial present or potential hazard to human or animal
health or to the environment as determined by the Town Board or the
Department of Environmental Conservation. Such waste shall include
but not be limited to wastes which are bioconcentrative, highly flammable,
explosive, highly reactive, toxic or poisonous, irritating, sensitizing,
corrosive or infectious and shall include wastes that are solid, semisolid,
liquid or gaseous. The final determination of whether or not a waste
is hazardous shall be made by the Town Board and shall not be limited
to those items or materials defined as hazardous by state and federal
law, rule or regulation.
HOUSEHOLD HAZARDOUS WASTE
Household waste which, but for its point of generation, would
be hazardous waste as defined by this chapter, including pesticides
as defined in the New York State Environmental Conservation Law.
INDUSTRIAL WASTE
Solid waste generated by mining, manufacturing, or industrial
processes. Such waste may include but is not limited to, the following
manufacturing processes: electric power generation; fertilizer/agricultural
chemicals; inorganic chemicals; leather and leather products; organic
chemicals; plastics and resins manufacturing; pulp and paper industry;
rubber and miscellaneous plastic products; stone, clay and concrete
products; textiles; transportation equipment; and water treatment.
PERSON
Any individual, firm, partnership, company, corporation,
association, joint venture, cooperative enterprise, trust, municipality,
government agency, societies, clubs, fraternal orders and any other
entity or group of persons which is capable of being sued. In any
provisions of this chapter prescribing penalties for noncompliance,
the term “person” shall include the officers, directors,
partners, managers, or persons in charge of a company, corporation,
or other legal entity having officers, directors, partners, managers
or other persons in charge.
RESIDENT
Any person owning property or living on property located
in the Town of Berne.
RUBBISH
Any one or more of the following: combustibles, including,
but not limited to, paper, cartons, boxes, barrels, wood, wood furniture
and bedding; noncombustibles, including, but not limited to, metal,
tin cans, metal furniture, small quantities of rock, concrete, glass,
crockery, and other metal fixtures.
SOLID WASTE
All putrescible and nonputrescible materials or substances,
that are 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, garbage, refuse, industrial and commercial
waste, sludges from water treatment facilities, rubbish, tires, ashes,
fuel and gaseous material containers, incinerator residue, construction
and demolition debris and offal. The term shall not include solid
or dissolved matter in domestic sewage or substances, materials in
noncontainerized gaseous form, or other such items or materials excluded
from the definition of solid waste pursuant to the regulations of
the State of New York, Department of Environmental Conservation.
SOLID WASTE FACILITY
Any facility within the Town distinguished as a depository, holding or transfer point for solid wastes, including but not limited to sanitary landfills, transfer stations, recycling facilities, construction and demolition debris landfills, materials recovery facilities that are or shall be designated as such by any law, rule or regulation of the Town. This term shall also include those dumps or dumping grounds or approved waste excavation material disposal sites referred to in Article
I of this chapter.
YARD AND GARDEN WASTE
Any one or more of the following: tree branches, tree trunks,
tree stumps, yard trimmings, leaves and garden waste.
Waste excavation material of any kind shall
not be discharged, disposed of, deposited or buried within the Town
unless said material is clean and uncontaminated.
This article shall not prohibit the establishment
or operation by the Town of solid waste facilities as the necessity
therefor may arise nor shall it prohibit the Town from authorizing,
for good cause shown, the discharge, disposal, deposit or burial of
waste excavation material at a particular site located within the
Town.
The provisions of this article shall not apply
to any department of the Town providing leaf and trash pickup or highway
maintenance within the Town.
Notwithstanding the provisions of this article, the Town Board may, upon good cause, grant permits for disposal of solid waste and/or the operation of a solid waste facility and/or authorizing the disposal of waste excavation material within the Town, on such terms and conditions which seem necessary or desirable to the Town Board, including, but not limited to, compliance with Articles
II and/or
III of this chapter, and also the posting of such security or liability insurance as the Town shall deem necessary.