[HISTORY: Adopted by the Board of Trustees of the Village of Canastota 8-5-1991 by L.L. No. 1-1991. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- BOARD OF TRUSTEES
- The duly elected Village Board of Trustees for the Village of Canastota, New York.
- COMMERCIAL WASTE
- Solid waste generated by stores, offices, institutions, restaurants, warehouses, nonmanufacturing activities in industrial facilities and agricultural enterprises.
- CONSTRUCTION AND DEMOLITION DEBRIS
- Solid waste resulting from the construction, remodeling, repair and demolition of structures, roads and buildings and land clearing. Such wastes include but are not limited to: bricks, concrete and other masonry materials, soil, rock, lumber, road spoils, paving material and tree and bush stumps.
- Any individual, association, partnership, firm, corporation, not-for-profit organization, municipality, educational institution or any other person so deemed by the Village of Canastota engaged in the commercial collection, pickup, transfer, removal and/or disposal of commercial waste, construction and demolition debris and industrial waste, excluding refuse.
- Any container which is used for the collection and disposal of trash,
refuse, vegetative waste, recyclable materials or other kinds of waste, and
which may be of the open or enclosed variety, and is typically hoisted onto
or mechanically emptied into a specifically equipped truck for transporting
said waste to a designated facility.[Added 12-18-2006 by L.L. No. 5-2006]
- HAZARDOUS WASTE
- Those materials, substances or wastes, including but not limited to pesticides and containers used for pesticides and other waste, which appear on the list or satisfy characteristics of hazardous waste promulgated by the New York State Commissioner of the Department of Environmental Conservation and any other material determined now or in the future to be hazardous by state or federal rule, regulation and/or statute.
- 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 fluids); overburden, spoil or tailings resulting from mining; or solution mining brine and insoluble component wastes.
- OPEN DUMP
- A solid waste disposal area which does not comply with the required public health and environmental control practices.
- PERSON OR PERSONS
- Any individual, company, partnership, association, firm, corporation, municipality or any other entity.
- A primary user of the particular material, such as recyclables, including but not limited to a glass factory, detinner, plastic recovery facility, paper mill or a consolidator of the material, such as Empire Returns in Onondaga County.
- PROHIBITED MATERIALS
- The following materials, as may be modified from time to time by the Village of Canastota, and these materials shall not be accepted at the county landfill or any other facility in the county:
- A. Septic tank pumpins.
- B. Liquid wastes.
- C. Pesticides and chemicals.
- D. Junked vehicles.
- E. Explosives.
- F. Hot ashes.
- G. Sealed containers.
- H. Hazardous waste.
- I. Scrap metal.
- J. Waste oils.
- K. Green waste, including leaves, grass, brush, garden and lawn cuttings, woodchips and tree limbs up to three inches wide.
- L. Vehicular tires.
- Such material designated from time to time by the Village of Canastota which, under any applicable law or regulation, is not hazardous waste and which can be reasonably separated from the solid waste stream and held for its material recycling or reuse value. The following materials, as may be modified from time to time by the Board of Trustees, shall be considered "recyclables":
- Putrescible and incidental nonputrescible solid waste, including but not limited to animal, vegetable and paper waste. "Refuse" originates primarily in homes, businesses and restaurants and has characteristics similar to that solid waste collected and disposed of as part of normal residential and commercial collections in the Village of Canastota.
- Any individual who is a legal resident of the Village of Canastota or any individual who is a temporary resident of the Village of Canastota.
- RESIDENTIAL USE
- One-family dwelling, two-family dwelling, multiple-family dwelling,
professional residence and mobile home.[Added 12-18-2006 by L.L. No. 5-2006]
- SOLID WASTE
- All putrescible and nonputrescible solid waste, including but not limited to materials or substances discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection or which are being accumulated, stored or physically, chemically or biologically treated prior to being discarded or rejected, having served their intended use, or as a manufacturing by-product, including but not limited to garbage, refuse, industrial, commercial and agricultural waste, sludges from air or water pollution control facilities or water supply treatment facilities, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction debris and offal, but not including sewage and other highly diluted water-carried materials or substances and those in gaseous form special nuclear or by-product material within the meaning of the Atomic Energy Act of 1954, as amended, or waste which appears on the list or satisfies characteristics of hazardous waste promulgated by the New York State Commissioner of the Department of Environmental Conservation.
- The Village of Canastota, New York, a municipal corporation of the State of New York, with offices at Canastota, New York.
- WASTE COLLECTOR
- Any individual, association, partnership, firm, corporation, not-for-profit organization, municipality, educational institution or any other person so deemed by the Village of Canastota engaged in the commercial collection, pickup, transfer, removal and/or disposal of solid waste and/or recyclables generated, originated or brought within the boundaries of the Village of Canastota.
The Board of Trustees, or its successor or designees, shall be primarily responsible for all ministerial and administrative duties described or reasonably required by the terms of this chapter.
The Board of Trustees, or its successor or designees, shall administer the program of permitting all waste collectors, contractors and other persons collecting, transporting or disposing of solid waste and recyclables in the Village of Canastota.
The Board of Trustees, or its successors or designees, shall issue warning notices and initiate proceedings pursuant to § 179-6 of this chapter to prosecute violations of this chapter.
The Board of Trustees, or its successors or designees, may encourage and conduct studies, investigations and research relating to various aspects of solid waste management as it deems necessary.
No waste collector or contractor shall collect, transport or dispose of solid waste and/or recyclables without a contract with the village for residential solid waste and recyclables.
Certificate of insurance.
A certificate of insurance is to be filed with the contract and shall be executed by the representatives of an insurance company, duly authorized and qualified by the village, evidencing that said insurance company has issued liability and property damage insurance policies covering the following:
All operations of the applicant or any other person, firm or corporation employed by him in transporting solid waste and/or recyclables.
The disposal of such solid waste and/or recyclables to and within the designated and approved landfill and/or facility.
Protecting the public and any person from injuries or damages sustained by reason of transporting solid waste and/or recyclables.
The certificate shall specifically evidence the following amounts of insurance coverage, which shall remain in effect for the term of the contract and shall provide that written notice shall be given to the village 30 days prior to any change in the conditions of the certificate of any expiration or cancellation thereof:
All collection, transportation and/or disposal of solid waste and/or recyclables shall be in strict conformance with the rules and regulations prescribed in this chapter and as such rules and regulations may hereafter be amended or supplemented by the village.
All vehicles used in the collection, transportation and/or disposal of solid waste and/or recyclables shall be maintained in a sanitary condition and shall be constructed as to prevent leakage in transit. Operation of vehicles shall be done in such a manner as to prevent spilling or loss of contents. The body of the vehicle shall be wholly enclosed or shall at all times be kept covered with an adequate cover when transporting to the landfill.
All persons generating solid waste and/or waste collectors and contractors operating in the village must separate from the solid waste stream those recyclables designated by the county. The solid waste stream, as may be further modified from time to time by the county, must be separated into two categories: newspaper and corrugated cardboard; and all containers (i.e., plastic, glass, aluminum and metal).
Recyclables and solid waste must be separately packaged or contained in proper containers as specified in this chapter or as designated by the village. If plastic bags are utilized for this purpose, the bags must be clear plastic to facilitate viewing of their contents.
All waste collectors and contractors operating in the village must provide collection services for either or both solid waste and recyclables. Recyclable collection may be performed on a less frequent basis than solid waste collection as designated by the Village Board.
Business, industry and multiple dwellings consisting of four apartments or more will be responsible for collection and disposal of their own refuse and recyclables.
All recyclable disposal requirements specified in this subsection may be adjusted from time to time by the Board of Trustees.
Littering. It shall be unlawful for any person, whether acting as owner, lessee, agent, tenant or otherwise, to throw, cast, deposit or place, or to cause or permit to run, drop remain or be thrown, cast or deposited, scattered or spilled by the wind, any solid waste and/or recyclables, including as a passenger in, owner of or driver of any cart, truck, automobile, boat, bicycle or any other vehicle, in or on any public highway, street, alley, sidewalk, park or public building or in any running water, body of water, land adjoining any highway or street or in or on any other land, public or private, in the village, except at such places designated or lawfully established by the New York State Department of Environmental Conservation, the County Department of Health or the village; provided, however, that solid waste may be temporarily kept in reasonable quantities in suitable cans, bags, vessels, tanks, dumpsters and/or containers which are watertight with tightly fitting covers, but only in such manner as to prevent the same from being scattered, dropped or spilled by the wind. Nothing in this subsection shall be construed as to prohibit the depositing of animal manure or fertilizers upon any property for the purpose of cultivation or improvement and disbursed within one week.
Open dumps. There shall be no open dumps in the village. This shall not be construed as to prohibit disposal areas located within the property boundaries of a farm for solid waste generated from that farm as otherwise permitted by law except in cases creating a public health nuisance.
Any person who violates any of the provisions of this chapter may be required to pay a fine not to exceed $250 for the first violation, $500 for the second violation and $750 for the third violation. Such fine must be paid in full.
Each day during which a violation continues shall be deemed to be a separate violation.
The County Sheriff's Department, New York State Police, New York State Department of Environmental Conservation Officers, New York State Health Department Officers and all local law enforcement agencies shall be empowered to initiate proceedings against violators hereof in the name of the village, in addition to any other remedies available under state or local law.
Any person violating the provisions of this chapter shall be guilty of a violation, which shall be punishable upon conviction by a fine of up to $250 for the first violation, $500 for the second violation and $750 for the third violation.
The court may also order a cleanup of the affected area and/or community service in lieu of or in addition to a fine. Any fines shall be directed to be payable to the Village of Canastota and shall be transmitted to the Village Treasurer.
Failure to pay any fine may result in imprisonment as prescribed in § 420.00 of the Criminal Procedure Law.
[Added 12-18-2006 by L.L. No. 5-2006]
Except for dumpsters, containers or receptacles used for ordinary commercial collection of garbage, no dumpster, container or receptacle of any capacity of yards of refuse, rubbish or debris shall be placed upon any private property without a permit issued by the Village of Canastota.
A permit for the use of a dumpster, container or receptacle may be issued pursuant to this article upon written application, which application shall contain the following information:
The proposed location for such dumpster, container or receptacle;
The size and capacity of such dumpster, container or receptacle;
The name of the owners and addresses of the abutting properties;
The period of time during which use of said dumpster, container or receptacle is proposed or required;
No dumpster is to be placed within 15 feet of any fire hydrant.
Preexisting dumpsters will not be grandfathered into this article.
Any other information as may be required by the Village of Canastota.
Each permit issued pursuant to this article shall be valid for a period of time as specified therein. Upon written application, the Village of Canastota may extend the period of time during which the permit is valid. In granting any such permit, the Village of Canastota may impose conditions of permit approval where such conditions are appropriate, in the opinion of the Code Enforcement Officer, for the preservation of the public health and general welfare or for protection of public safety.
Each application for a permit hereunder shall be accompanied by a nonrefundable fee in an amount to be established by resolution of the Board of Trustees.
Commercial dumpsters. A temporary permit for the placing and use of commercial dumpsters within the right-of-way of a Village street for a period of not more than 30 days may be issued by the Code Enforcement Officer. Such permit may be renewed at the discretion of the Code Enforcement Officer for additional thirty-day periods, up to a maximum total permit term of six months, if work is not completed but is progressing diligently. It is the responsibility of the owner/contractor to place the dumpsters in a safe and passable area and to provide safe and adequate light-reflective material or flashing lights warning vehicular/pedestrian traffic of the existing hazard. There shall be a fee for a placement of each dumpster, which shall be as set forth by resolution of the Village Board of Trustees in the Master Fee Schedule, which may be amended from time to time.
If a residential property owner contracts work to be done on said residential property, that residential property owner shall be responsible for the residential fees. The residential property owner must abide by all of the provisions of this article.
At all times during the period in which any permit issued pursuant to this article is valid, the holder of the permit shall comply with all applicable provisions of law, with all conditions imposed by the Village of Canastota, and shall also comply with the following conditions:
The permit holder for commercial and/or noncommercial dumpsters which are placed on property owned by the Village of Canastota or upon which the Village has an easement or other property interest or which will impede or affect public pedestrian or vehicle traffic shall provide a certificate of liability insurance issued by an insurance company authorized to conduct business in the state, with an endorsement naming the Village as an additional insured, with coverage for personal injury and property damage in the amount of not less than $500,000.
No dumpster, container or receptacle may exceed the size or capacity authorized in the permit.
Any dumpster, container or receptacle which contains animal or vegetable refuse shall be kept covered at all times with a suitable covering approved by the Code Enforcement Officer.
The contents of the dumpster, container or receptacle shall be promptly disposed of upon reaching capacity.
The dumpster, container or receptacle shall not obstruct any part of any sidewalk or sidewalk area adjacent to a street, nor any street.
Each dumpster, container or receptacle shall be placed in a location approved by the Code Enforcement Officer.
All dumpsters, containers or receptacles to be located in or adjacent to a public right-of-way or sidewalk shall have reflectors on each side facing traffic and be barricaded with flashing lights or such other warning or protective devices as may be required by the Village of Canastota in order to avoid a hazard to vehicular or pedestrian traffic.
The permit shall be prominently displayed on all dumpster containers or receptacles.
All dumpsters, containers or receptacles shall bear the name, address and telephone number of the person responsible therefor and shall be prominently displayed thereon.
The permit holder shall be responsible for the repair of any street, sidewalk and curb damage caused by the placement, movement or removal of any dumpster, container or receptacle.
The Village of Canastota may refuse the issuance of a permit hereunder if, in the Code Enforcement Officer's sole judgment and discretion, the Code Enforcement Officer deems the same to constitute a danger to public safety or an unwarranted interference with the efficient movement of vehicular or pedestrian traffic.
The Village of Canastota may revoke a permit for the same reasons the Code Enforcement Officer may refuse issuance of a permit, or for violation of the provisions of this article or the conditions of such permit. In the event of such revocation, the permit holder shall remove the dumpster, container or receptacle within 24 hours after notification of such revocation, and in default of such timely removal, the Village may remove the same, and store it, at the permit holder's expense.
If the Village of Canastota shall determine at any time that an emergency situation exists as a result of the condition or location of an authorized dumpster, container or receptacle, the Code Enforcement Officer may cause the same to be removed and stored at the expense of the permit holder, upon reasonable notice to the permit holder.
Dumpsters used by commercial and multifamily property owners shall, as of the adoption of this article, be required to make improvements to existing dumpster locations. Those improvements shall include, but are not limited to, placing existing dumpster on a concrete slab or approved foundation. The existing dumpster shall have an enclosure around the dumpster for rodent control, such as a fence, wall or an approved enclosed structure approved by the Code Enforcement Officer. Dumpsters shall be emptied once a week, and the property owner shall not allow a dumpster to become over full at any time.