Cognizant of the ever increasing demands upon
the solid waste management system within the Town of Bethlehem and
the costs associated with the disposal of solid waste and recognizing
the expanding role imposed upon municipal waste disposal programs
by the New York State Solid Waste Management Plan and being desirous
of maintaining a clean, wholesome and attractive environment within
the Town and protecting the health and safety of its inhabitants and,
further, recognizing the inherent dangers arising from the unrestricted
or unsafe generation, collection or disposal of solid wastes or other
dangerous, noxious, unhealthy and hazardous substances, the Town hereby
adopts the following rules and regulations concerning the collection,
transportation, disposal and management of solid waste within the
Town.
Nothing in this article shall be construed to
supersede the minimum standards for solid waste management set forth
by the New York State Department of Environmental Conservation or
the New York State Sanitary Code, which minimum standards supersede
any conflicting provision of this article to the extent that such
state provisions require a standard more restrictive than that provided
by this article.
As used in this article, the following terms
shall have the meanings indicated:
Large items of refuse, including but not limited to furniture;
auto parts; appliances, such as washers, dryers and refrigerators;
television sets; water heaters; mattresses; springs; logs; and tree
stumps.
Any person who collects residential or commercial waste from
more than one household or any business or commercial establishment
or industrial facility within the Town of Bethlehem or who otherwise
transports or disposes of solid wastes collected from said sources
or who performs any of these services for a fee.
Uncontaminated wastes resulting from the construction, remodeling,
repair and demolition of structures. These wastes shall include concrete,
asphalt, stone, brick, block, wood, plaster, shingles, roofing materials
and metals but shall not include any hazardous wastes or any of said
listed materials which contain, include or are tainted or affected
by toxic, hazardous or otherwise harmful elements, chemicals or materials.
Any refuse from animal and vegetable matter and foodstuff
after it has been used as food; refuse from kitchens, markets, houses
or stores; floor sweepings; table wastes or animal or vegetable matter;
vegetables; meats; fish; bones; and all offal and organic waste substances.
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 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 or liquid or contain
gases. The final determination of whether or not a waste is hazardous
or not shall be made by the Town of Bethlehem Recycling and Composting
Department Head in accordance with his discretion and shall not be
limited to those items or materials defined as hazardous by state
and federal law, rule or regulation.
[Amended 5-11-2022 by L.L. No. 3-2022]
Household waste which, but for its point of generation, would
be hazardous waste as defined by this article, including pesticides
as defined in the New York State Environmental Conservation Law.
Solid waste generated by 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; iron and steel manufacturing; leather and leather
products; nonferrous metals manufacturing/foundries; organic chemicals;
plastics and resins manufacturing; pulp and paper industry; rubber
and miscellaneous plastic products; stone, glass, clay and concrete
products; textile manufacturing; transportation equipment; and water
treatment. This term does not include oil or gas drilling production
and treatment wastes, such as brines, oil and frac fluids; or overburden,
spoil or tailings resulting from mining; or solution mining brine
and insoluble component wastes.
One or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, societies, clubs,
fraternal orders and all other entities of any kind capable of being
sued.
Combustible trash, including but not limited to paper, cartons,
boxes, barrels, wood, excelsior, tree branches, stumps, yard trimmings,
wood furniture and bedding; noncombustible trash, including but not
limited to metal, tin cans, metal furniture, small quantities of rock
and pieces of concrete, glass, crockery and other metal fixtures;
and street rubbish, including but not limited to street sweepings,
leaves and catch basin dirt.
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 air or water treatment facilities, rubbish, tires,
ashes, contained gaseous material, incinerator residue, construction
and demolition debris, discarded automobiles and offal. The term shall
not include domestic sewage and other highly diluted water-carried
materials or substance and those in gaseous form or such other items
or materials excluded from the definition of "solid waste" pursuant
to the regulations of the State of New York, Department of Environmental
Conservation. The provisions of this article shall also not apply
to any "source-separated organics/food scraps," as defined by this
article, that are accepted for composting at any Town-owned or -operated
facility.
[Amended 12-8-2021 by L.L. No. 2-2021]
Any facility within the Town of Bethlehem distinguished as a depository or holding or transfer point for solid wastes, including but not limited to sanitary landfills, landfills, transfer stations, recycling facilities, construction and demolition debris landfills, materials recovery facilities, incinerators, waste-to-energy plants or such other facilities that are or shall be designated as such by any law, rule or regulation of the United States, the State of New York or any ordinance, rule or regulation of the Town of Bethlehem. 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.
Source-separated organics, commonly referred to as "food
scraps," means organic material that has been separated at the point
of generation, including, but not limited to, food scraps, food processing
waste, soiled or unrecyclable paper, and yard trimmings. Source-separated
organics do not include animal mortalities, biosolids, sludge, or
septage. For purposes of this article, source-separated organics will
only include those organic materials deemed acceptable for composting
by the Recycling and Composting Department Head.
[Added 12-8-2021 by L.L. No. 2-2021]
As defined in § 97-1 of this chapter.
A.
Only solid wastes generated and collected within the Town of Bethlehem and which are not otherwise prohibited will be accepted at any solid waste facility within the Town or at any public dump or dumping ground authorized pursuant to Article I of this chapter. The provisions of this article shall not apply to any source-separated organics/food scraps, as defined by this article, that are accepted for composting at any Town-owned or -operated facility.
[Amended 12-8-2021 by L.L. No. 2-2021]
B.
The Town may contract from time to time with another
municipality or private person to accept solid waste, and such waste
may be accepted at a solid waste facility within the Town in accordance
with such a contract.
C.
All vehicles used to collect or transport solid waste
shall be equipped with a means of covering the waste and/or of keeping
such waste within the hauling body so as to comply at all times with
the pertinent provisions of the New York State Vehicle and Traffic
Law relating to littering and/or throwing refuse on highways, as set
out in §§ 1219 and 1220 thereof, and any amendments
thereof or additions to said act.
D.
No vehicle shall be allowed to enter or discharge
solid waste at any solid waste facility within the Town unless it
displays an appropriate permit sticker.
E.
Any person entering or utilizing a solid waste facility
shall adhere to the rules and regulations of said facility, as well
as all other laws, ordinances, rules or regulations of the State of
New York, County of Albany, Town of Bethlehem or other governmental
entity in regards to the collection, transportation or disposal of
solid waste, and also must follow the instructions of the attendant
on duty.
F.
Access to any solid waste facility shall be limited
to those times as posted and when authorized personnel are on duty.
G.
All persons who collect, transport or dispose of solid
wastes in the Town of Bethlehem must obtain a permit for such purposes
from the Town of Bethlehem in addition to such other permits or approvals
that may be required by law, rule or regulation of the State of New
York, County of Albany, Town of Bethlehem or other governmental entity.
H.
No waste excavation material shall be deposited or accepted for deposit at any solid waste facility or other location within the Town unless a permit therefor has been issued pursuant to Article I of this chapter.
I.
No municipal solid waste facility within the Town
shall be used for the collection or disposal in any manner of any
hazardous waste, nor shall any person collect or dispose of any hazardous
waste at any municipal solid waste facility with the Town. However,
notwithstanding this provision, the Town of Bethlehem may operate
or sponsor, and enter into contracts related thereto, one or more
collection days so that household hazardous waste generated by Town
residents may be accepted for disposal by or on behalf of the Town.
J.
The Town of Bethlehem Recycling and Composting Department
Head may, by way of regulation approved by the Town Board, establish
such additional, other or further rules, requirements and procedures
concerning the collection, transportation or disposal of solid or
industrial wastes within the Town.
[Amended 5-11-2022 by L.L. No. 3-2022]
The disposal of any of the following materials
at any municipal solid waste facility within the Town is prohibited:
A.
Toxic, industrial or hazardous wastes, except that
household hazardous waste may be accepted at a municipal solid waste
facility as part of a collection day operated by or on behalf of the
Town.
B.
Large dead animals and carcasses, including rendering
products, hides, fleshings and residues from meat-processing facilities.
C.
Junk car bodies.
D.
Refillable propane or butane bottles and cylinders.
E.
Tires in large quantities (over 10).
F.
Any and all other materials or waste, hazardous or
not, which the Recycling and Composting Department Head finds would
require special handling and disposal to protect and conserve the
environment, employees and equipment.
[Amended 5-11-2022 by L.L. No. 3-2022]
Permits for the use of solid waste facilities
and/or for the collection, transportation or disposal of solid waste
within the Town shall be obtained as follows:
A.
Residents. Resident permits for the use of solid waste
facilities shall be obtained by providing proof of residence within
the Town. Resident permit stickers shall be issued and may be affixed
to the private automobiles and other vehicles belonging to said residents.
Said permits shall allow residents to use solid waste facilities only
for the purpose of disposing of solid waste arising from the resident's
household use.
B.
Commercial waste collectors. Permits shall be obtained
by any such persons collecting, transporting or disposing of solid
waste from more than one single-family household or from any commercial
establishment, industrial or institutional facility within the Town
of Bethlehem or who perform any such services for a fee. Permits may
be required for each vehicle used for such purposes.
[Amended 11-14-2007 by L.L. No. 7-2007; 5-11-2022 by L.L. No. 3-2022]
The Recycling and Composting Department Head,
subject to the approval of the Town Board, shall adopt a schedule
of fees for solid waste permits issued pursuant to this article. Said
schedule may further provide for deposits or other security to be
posted by the commercial waste collector or person using a solid waste
facility, including but not limited to liability insurance of a nature
and in an amount which shall be acceptable to the Recycling and Composting
Department Head. Permits shall be available at the office of the Town
Clerk or at such other places as the Town Supervisor shall designate.
[Amended 5-11-2022 by L.L. No. 3-2022]
A.
The Recycling
and Composting Department Head shall be responsible for administering
solid waste disposal and management within the Town of Bethlehem and
for the issuance of rules or regulations implementing this chapter,
including with respect to private waste haulers operating within the
Town. The Superintendent of Highways shall be responsible for administering
solid waste collection and transportation by Highway Department personnel
along roadways in Town, including but not limited to spring cleanup
or other designated roadside cleanups, illegal dumping, and roadkill
animals except those collected by the state or county. The Town Building
Inspector shall be responsible for the enforcement of any violations
of this chapter or the rules and regulations issued thereunder.
B.
The Town
of Bethlehem Recycling and Composting Department Head shall be empowered
to:
(1)
Establish
the days and hours of operation of all facilities.
(2)
Establish
rules and regulations governing the operation, maintenance and use
of all solid waste facilities in the Town and the collection, transportation
or disposal of solid wastes within the Town.
(3)
Suspend any permit pending a hearing for revocation pursuant to § 97-16B(1). Said suspension shall not exceed a period of 30 days. A permit may be temporarily suspended as provided for by this subsection in the event that the Recycling and Composting Department Head determines, in his discretion, that a person holding said permit is in violation of this chapter and said violation constitutes or may create a danger to the aesthetics and environment of the Town or the health and safety of its inhabitants or that a person is utilizing said permit for a purpose or in a matter that is inconsistent with this chapter or is allowing said permit to be utilized by a person other than the issuee of said permit.
A.
A violation of this article is hereby declared to
be an offense punishable by a fine not exceeding $350 or by imprisonment
for a period not to exceed six months, or both, for conviction of
a first offense; for conviction of a second offense, both of which
were committed within a period of five years, punishable by a fine
of not less than $350 nor more than $700 or imprisonment for a period
not to exceed six months, or both; and, upon conviction of a third
or subsequent offense, all of which were committed within a period
of five years, punishable by a fine of not less than $700 nor more
than $1,000 or by imprisonment for a period not to exceed six months,
or both. Each day's continued violation shall constitute a separate,
additional violation.
B.
Additional penalties.
(1)
In addition to the penalties above provided, after
a hearing the Town Supervisor may revoke any permit issued pursuant
to this article if the Town Supervisor at such hearing determines
that the holder of such permit is a persistent violator or incapable
of or unwilling to comply with the provisions of this article or has
intentionally or negligently acted or has acted and, as a result,
has harmed or created a risk of harm to the aesthetics and environment
of the Town or the health or safety of its inhabitants or has utilized
said permit in a manner inconsistent with this article or has allowed
said permit to be utilized by other than its issuee. The permittee
shall have an opportunity to be heard at such hearing, which shall
be held after such permittee shall be served by written notice of
such hearing in person or by registered mail, return receipt requested,
not less than 15 days prior to the date of such hearing.
(2)
The Town shall also have such other remedies as are
provided by law.
