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:
BULKY WASTE
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.
COMMERCIAL WASTE COLLECTOR
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.
CONSTRUCTION AND DEMOLITION DEBRIS
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.
GARBAGE
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.
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 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 HAZARDOUS WASTE
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.
INDUSTRIAL WASTE
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.
PERSON
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.
RUBBISH
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.
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 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]
SOLID WASTE FACILITY
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/FOOD SCRAPS
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]
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.
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.