Village of Blasdell, NY Chapter 209 SOLID WASTE

[HISTORY: Adopted by the Board of Trustees of the Village of Blasdell as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Brush, grass and weeds — See Ch. 95.

Gasoline and other flammable liquids — See Ch. 133.

Junk vehicles — See Ch. 244.

Article I Collection and Disposal

[Adopted 12-23-1992 by L.L. No. 1-1992; amended in its entirety 3-2-2004 by L.L. No. 1-2004]

§ 209-1 Administration.

The Village Administrator and/or a designee of the Board of Trustees shall have the responsibility for the operation and for the collection and disposal of refuse. The Village Administrator and/or the assigned designee is hereby empowered to make and publish regulations implementing this article concerning such matters as the days for the collection of garbage and rubbish, the location of refuse containers and all other matters relating to the storage, collection and disposal of refuse which he/she deems advisable, provided that such regulations are not contrary to the provisions of this article.

§ 209-2 Restrictions.

A. No person shall place, deposit or store any refuse on or in any street, highway, avenue, drain, ditch, watercourse or body of water or other public place within the Village of Blasdell, except in containers provided for such purpose by the Village of Blasdell, and in no event upon the premises of another except with the consent of the owner or occupant thereof.

B. A person is responsible for disposal of any refuse on premises not served by the Department of Sanitation or for refuse not acceptable for collection and disposal of such refuse.

C. In the event of a violation of any of the provisions of this section, which shall, in the opinion of the Code Enforcement Officer or the Village Administrator and/or the assigned designee, be a hazard to the health, safety or well being of the community, a notice, directed to the owner or occupant of the premises upon which such violation occurs, may be served, either personally or by posting the same on said premises, directing the removal of all material upon the premises in violation of this section within 24 hours. In the event that such material is not removed within 24 hours from the date of service or posting of said notice, the Village Department of Public Works may enter upon the premises, remove said material and charge the entire cost of said removal against the premises, and said charge shall also be a lien upon said premises.

D. Commercial shall include business disposing of collectible items so long as the same are placed in accepted containers.

§ 209-3 Unacceptable refuse.

The following refuse shall not be considered acceptable for collection by the Department of Sanitation:

A. Materials resulting from the repair, construction, alteration or excavation of buildings or structures, streets or sidewalks, such as plaster, mortar, concrete, bricks, lath and roofing materials.

B. Dangerous materials or substances, such as poisons, acid-caustics, infected materials, explosives, ashes and dioxin and radioactive material.

C. Materials which have not been prepared in accordance with the provisions of this article.

D. Solid wastes resulting from industrial processes.

E. Brush and tree limbs.

F. Tires.

§ 209-4 Schedule for collection.

Garbage and refuse shall be collected once a week.

§ 209-5 Places for disposal.

A. No refuse shall be disposed of within the Incorporated Village of Blasdell except at such place or places as may be permitted by the Board of Trustees.

B. No refuse collected from outside the Incorporated Village of Blasdell shall be disposed of at the place or places designated.

§ 209-6 Removal by Village; costs.

If the provisions of the foregoing sections are not complied with, the Code Enforcement Officer or the Village Administrator and/or the assigned designee shall serve written notice, either personally or by mail, upon the owner, lessee or occupant or any person having the care or control of any such lot of land to comply with the provisions of this article. If the person upon whom the notice is served fails, neglects or refuses to cut, remove or cause to be cut and removed such weeds, grass, vegetation or rubbish within five days after receipt of such notice or if no person can be found in the Village of Blasdell who either represents or claims to represent such owner, the Code Enforcement Officer may, following approval of the Board of Trustees and/or the Village Administrator, cause such weeds, grass, vegetation or rubbish on such land to be removed and the actual costs in connection therewith shall be certified by the Building Inspector as to the property on which such weeds, grass, vegetation or rubbish were located and shall be added to and become and form part of the taxes next to be assessed and levied upon such lot or land and shall bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes.

§ 209-7 Penalties for offenses.

Any person committing an offense against any of the provisions of this article shall be guilty of a violation under the Penal Law and, upon conviction thereof, shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both. Each day of continued violation shall constitute a separate additional violation.

Article II Recycling

[Adopted 12-23-1992 by L.L. No. 1-1992; amended in its entirety 3-2-2004 by L.L. No. 1-2004]

§ 209-8 Title; applicability.

This article shall be known as the "Recycling Local Law of the Village of Blasdell," and such legislation is a mandatory recycling law affecting the entire Village of Blasdell, New York.

§ 209-9 Purpose.

It is the goal of the Village of Blasdell to facilitate the disposal of solid waste generated within the Village in the most economical and environmentally acceptable manner and to reduce the total amount of solid waste disposed of in the Village. It is the purpose of this article to establish a source-separation and recyclables collection program within the Village to reach the goal of the most feasible recycling of the Village waste stream, considering costs, marketability of recyclables and public involvement. It is hereby found and determined that, in order to ensure the greatest public involvement and to assist the Village in complying with the mandates of the New York State Solid Waste Management Act of 1988, such a program must be made mandatory. This program is further designed to protect the health, safety and general welfare of the Village of Blasdell, New York.

§ 209-10 Definitions.

For the purposes of this article, the following terms shall have the meanings stated in this section.

ALUMINUM

Pure aluminum in any form, including, but not limited to, cans, cooking utensils, aluminum foil and lawn furniture.

BLUE BOX

Refers to that container available from and/or provided for by the Village of Blasdell as well as any other container that is made of metal or plastic, having handles on the side and shaped so that all materials flow freely when dumped and weighing not more than 30 pounds.

BOARD

The Board of Trustees of the Village of Blasdell, New York.

BRUSH

Tree branches not exceeding two inches in diameter, twigs and shrub and hedge clippings.

BULK ITEMS

Large items and materials, including furniture other than aluminum yard furniture; house furnishings; large appliances, such as refrigerators, stoves, washing machines and clothes dryers; and automobile or other motor vehicle tires.

COLLECTIBLE YARD WASTES

Grass, leaves and waste plant materials from vegetable and flower gardens, lawns and yards and brush.

CORRUGATED CARDBOARD

Cardboard shipping containers.

DISPOSAL FACILITY

Any solid waste management plant or site owned and operated by the Village or permitted to receive solid waste originating from within the Village of Blasdell.

ESTABLISHMENT

The owner, agent, landlord, tenant or occupant of commercial, industrial and institutional facilities. Establishments which contract for the private collection of refuse are excluded from the program.

HAZARDOUS SUBSTANCE

Any hazardous or toxic substance material or waste which is or becomes regulated by any local or state governmental authority or the United States Government.

INDUSTRIAL WASTE

Waste generated by manufacturing or industrial processes.

MULTIPLE RESIDENCE

A building or parcel of land having three or more dwelling units.

NEWSPAPERS

Newsprint, not including glossy magazines or materials.

PERSON

One or more individuals or any partnership, corporation, firm, association, trust, estate or governmental entity and any other entity whatsoever.

PRIVATE CARTER

A contractor providing collection of solid waste services in the Village.

RECYCLABLE COLLECTOR

A contractor under contract with the Village of Blasdell to provide collection of recyclables subject to the terms and conditions of said contract with the Village of Blasdell, New York.

RECYCLABLE MATERIALS

Clear, brown and green glass bottles, jugs and jars; newspapers and other mixed papers; tin cans; and high-density polyethylene (HDPE) containers, such as those used for milk, oil, detergents, apple cider, etc. "Recyclable materials" does not include plate glass, broken glass, window glass or any other type of glass not specified in this definition, copper, stainless steel and brass, or recyclable materials unsuitable for recycling because of secondary household use.

REFUSE

The rubbish and recyclable materials resulting from the normal day-to-day operation of a household or business. Refuse may be generated by a household, a business establishment or a public or quasi-public facility. "Refuse" does not include rubble, bulk items, industrial waste, collectible yard waste or any other materials not covered under this definition.

RESIDENCE

A building or parcel of land having no more than one dwelling units.

RESIDENT

A person residing in a residence.

RUBBISH

A. Food wastes, including, but not limited to, table cleanings; fruit, vegetable and animal parings and scraps; decaying or spoiled vegetable, animal and fruit matter; and fallen fruit.

B. Any paper, plastic, cardboard or other materials used to wrap, cover or contain food, other than certain HDPE or glass containers defined in this section as recyclable materials, and any other household waste resulting from the use, consumption and preparation of food.

C. Metal (pure aluminum, copper, stainless steel or brass).

D. Miscellaneous waste material, including rags, drugs, health aids and materials (other than infectious wastes), sweepings, excelsior, rubber, leather, cloth, clothing, magazines, paper (other than newspapers), waste materials from normal maintenance and repair activities, pasteboard, crockery, shells, dirt, filth, ashes, wood, glass (other than certain glass bottles defined in this section as recyclable wastes), brick and other similar waste materials. "Rubbish" does not include recyclable materials, bulk items, rubble or any other material not covered under this definition.

RUBBLE

Waste material typically resulting from construction, demolition and major renovation activities, including, but not limited to, waste cement, concrete, masonry, bricks, tiles, Sheetrock, plaster, shingles, lumber, telephone poles, railroad ties, wooden pallets, doors and door frames, windows and window frames and any similar material.

§ 209-11 Designation of materials to be collected.

A. The Board shall be responsible for collecting or causing the collection of, on a regular basis, only those waste materials which constitute refuse generated by a residence or establishment within the Village of Blasdell.

B. The Board shall also be responsible for collecting or causing the collection of any additional waste materials generated by residences which the Village may announce will be collected on particular days or during particular time periods. These additional waste materials may include, for example, bulk items, trees, tree stumps and large branches. The Board shall be responsible for collecting or causing the collection of any such additional waste materials only on the days or during the time periods announced by the Board.

C. The Board shall not be responsible for collecting any waste materials which have been placed or prepared in ways that do not comply with all the provisions of this article. In particular, the Board shall not be responsible for collecting waste materials consisting of recyclable and nonrecyclable materials mixed together waste materials not placed in the Village-provided container or recyclable materials which have not been placed or prepared in accordance with this article, nor shall the Board be responsible for the collection of waste materials generated other than from a residence or establishment within the Village of Blasdell.

§ 209-12 Placement and preparation of collectible materials.

A. No person shall place any waste materials at or near any curb, sidewalk, alley or street for purposes of collection other than the following:

(1) Refuse.

(2) On particular days or during particular time periods, any other waste material which the Board has announced will be collected at those times.

B. No person shall place any rubbish at or near any curb, sidewalk or street for purposes of collection unless that person complies with the following requirements.

(1) Each person shall provide and utilize disposable plastic bags for disposal of rubbish. Any such bag shall be at least 1.5 mils thick and sufficiently strong to contain the materials enclosed. When filled, each such bag shall be securely tied and weigh no more than 30 pounds.

(2) Each person shall utilize the cart provided by the Village of Blasdell. Each developed parcel in the Village of Blasdell, whether same is a one- or two-family home or a multiple residence having three or more dwelling units, will be provided one cart.

(3) Each cart placed for collection shall be free of recyclable materials and other materials not covered under the definition of "rubbish."

C. No person shall place any recyclable materials at or near any curb, sidewalk or street for the purposes of collection unless that person satisfies the following requirements:

(1) Recyclable materials shall be placed separately from other refuse placed for collection.

(2) Newspapers. Newspapers shall be piled and securely tied approximately 36 inches in length, 12 inches in height or shall be placed in paper bags strong enough to contain them. Newspapers shall not contain magazines, glossy advertising material frequently inserted in newspapers or any other waste-type of paper. Newspapers shall be kept dry by appropriate means until they are collected.

(3) Glass, cans and containers.

(a) Glass bottles, jugs and jars shall be rinsed of original contents and shall have all neck rings, foil or other metal removed. Paper labels may be left on bottles, jugs and jars.

(b) Tin cans and high-density, polyethylene (HDPE) containers shall be rinsed of original contents and flattened.

(c) Recyclable glass, tin cans and HDPE containers shall be separated and placed in one or more recyclable containers for collection.

(4) All metals such as aluminum, copper, stainless steel and brass, as well as items consisting of mixed or composite metals, shall be the responsibility of the person or establishment as herein defined.

(5) Cardboard.

(a) Corrugated cardboard shall be flattened, folded and securely tied in bundles no larger than 36 inches by 36 inches in size and weighing no more than 30 pounds.

(b) Corrugated cardboard shall be kept dry by appropriate means until it is collected.

(6) Newspaper and corrugated cardboard shall not be mixed together and shall be placed adjacent to, in or on top of the recyclable container for collection.

D. When the Board has announced that waste materials other than refuse will be collected on particular days or during particular periods, any person placing such waste materials at or near any curb, sidewalk or street for purposes of collection shall comply with the following:

(1) The waste materials shall be of the type announced by the Board.

(2) The waste material shall be placed for collection at the times specified by the Board.

(3) The waste material shall be collected, bound, contained, placed or otherwise treated in the manner specified by the Board.

E. Refuse, as well as any other waste material which the Board announces will be collected, shall be placed for collection at or near a curb, sidewalk, alley or street after 5:00 p.m. on the day before that designated for collection. There will be no call-backs to collect refuse or any other wastes which are placed for collection after 6:00 a.m. on the designated collection day or if the waste is not placed in the Village-provided cart.

F. No person shall place any waste material at or near any curb, sidewalk, alley or street other than the curb, sidewalk, alley or street immediately in front or to the rear of the property from which such waste material was generated.

G. The placement of any waste material at or near a curb, sidewalk, alley or street other than in compliance with the provisions of this article shall constitute a violation of this article.

§ 209-13 Removal of empty containers.

All empty refuse carts and recycle bins shall be removed from the curb, sidewalk, alley or street where they have been placed as soon as possible after collection and in the event, no later than 9:00 p.m. on the same day as collection. Empty refuse carts or recycle bins remaining at or near the curb, sidewalk or street after 9:00 p.m. on the day after the day of collection may be picked up and impounded by the Village of Blasdell.

§ 209-14 Removal of uncollected waste.

When certain refuse and/or waste materials have not been collected because those materials were not placed or prepared in accordance with the provisions of this article, the person who placed such materials for collection and the owner of the real property adjoining the curb, sidewalk, street or alley where such waste materials were placed shall remove those wastes from that location as soon as possible after collection has been refused and, in any event, by 9:00 p.m. of the designated collection day. The failure to remove any uncollected waste material by 9:00 p.m. on the designated collection day shall constitute a violation of this article.

§ 209-15 Remedies for noncompliance; service charge.

Whenever a person places refuse or other waste material at or near a curb, sidewalk, alley or street for collection without complying with all the provisions of this article or fails to comply with § 209-12, Placement and preparation of collectible materials, the Board may do either of the following:

A. The Board may choose not to collect the refuse or other waste material. In such case, the Board shall notify the property owner of the property from which such uncollected waste material was generated why such material was not collected. Such notice shall be either verbal or written, as the Board determines is appropriate, and shall be provided within a reasonable time period after collection of the material has been rejected; or

B. The Board may cause collection of the refuse or waste material to be made, notwithstanding the fact that it does not comply with the provisions of this article.

(1) In such cases, the Board shall assess a special service charge against the owner of the property from which such waste material was generated. Such special service charge shall be as set by resolution of the Board of Trustees.

Editor's Note: A complete listing of fees is on file in the office of the Village Clerk and may be examined there during regular office hours.

(2) Special service charges shall be accumulated and shall be billed by the Village of Blasdell. Any person subject to such charges may make a written request for a hearing within 15 days after the date of the bill for such charges. All hearings shall be on a date and at a time and place determined by the Board. The hearing shall be informal and shall be held before the Board or its designee. The decision of the Board shall be final. Any service charges not paid within 30 days after the Board's decision shall become a lien upon the real property, superior to any other lien or claim, except the lien of an existing tax assessment or charge imposed by the Village of Blasdell.

§ 209-16 Unauthorized collection.

From the time any person places any properly prepared recyclable materials at or near any curb, sidewalk, alley or street for purposes of collection, those recyclable materials shall become and be the property of the Village of Blasdell or its authorized agent (i.e., its recycling collector). No person who is not acting under authority of the Village or its authorized agent shall collect, pick up, remove or cause to be collected, picked up or removed any recyclable materials so placed for collection. Each such unauthorized collection, pick-up or removal shall constitute a separate violation of this article. An exception herein is recognized for the person, resident or establishment who or which elects to remove any such item from his/its property.

§ 209-17 Future recyclables.

In order to effect an orderly implementation of this article, taking into account the present and future market conditions, availability of containers and other equipment and other factors which may bear upon the effectiveness of this article, the Village Board is hereby empowered to phase in the application of this article to recyclable materials produced by residences, commercial premises and/or multiple residences by public notice published in a newspaper of general circulation within the Village not less than 30 days prior to the date of application of this section to permit or exclude materials hereinabove defined in § 209-10, Definitions, or to add any other recyclable material.

§ 209-18 Private waste haulers.

Nothing in this article shall be deemed to prevent any person from entering into a contractual agreement with a private waste hauler for the removal of refuse and other waste materials generated by that person or at property owned by that person.

§ 209-19 Containers.

A. The Board of Trustees is authorized to establish an appropriate procedure for the collection of and payment monitoring of a user fee of additional refuse carts for properties requiring more than one. An annual user fee of $150 per cart will be assessed during the fiscal year 2004-2005 upon any person's request of an additional cart(s). In subsequent fiscal years, the payment on additional cart(s) shall be assessed on the Village of Blasdell taxes for each individual taxable parcel of real property where upon a person has or secures an additional cart(s) to all property owners requiring an additional cart(s). A maximum of three additional carts per developed property will be allowed.

B. The Board is authorized to establish an appropriate procedure for selling or facilitating the sale or distribution of the blue boxes for recyclables. A fee as set by resolution of the Board of Trustees will be assessed for the replacement of any lost, damaged or stolen blue box.

Editor's Note: A complete listing of fees is on file in the office of the Village Clerk and may be examined there during regular office hours.

§ 209-20 Adoption and enforcement of regulations.

The Board shall have authority to adopt whatever regulations are consistent with this article and to continue to enforce any existing regulations which are consistent therewith.

§ 209-21 Fees.

The Board, by resolution, may impose fees for the collection of any refuse (other than recyclable materials), rubble, bulk items or industrial waste. After any such fees are imposed, the manner of implementation and collection shall be by regulation of the Board, not inconsistent with the terms of the resolution imposing such fees.

§ 209-22 Penalties for offenses.

Any person who commits a violation of this article shall be punished as follows:

A. For a first conviction, by a fine of not more than $25.

B. For a second conviction within one year, by a fine not more than $50.

C. For a third conviction within one year, by a fine of not more than $100 and/or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.

D. For a fourth and each subsequent conviction within one year, by a fine of not more than $250 and/or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.

E. In the event that any property owner or lessee violates any provision of this article relating to the collection of refuse or other waste material on two or more occasions in any calendar year, as evidenced by a second conviction under this article, such person or entity shall receive written notice of same along with a second container (cart) as defined in § 209-19 of this article. Said container (cart) shall be delivered by the Village of Blasdell along with the assessment of the cost of same ($150 per cart), said fee to be assessed on the Village taxes for each individual taxable parcel of property.

[Added 9-21-2005 by L.L. No. 2-2005]

§ 209-23 Enforcement.

It shall be the duty of the Village of Blasdell Police Department and/or any other duly authorized official to administer and enforce the provisions of this article.