[HISTORY: Adopted by the Board of Trustees of the Village of Fultonville: Art. I, 11-8-1994 by L.L. No. 1-1994; Art. II, at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
[Adopted 11-8-1994 by L.L. No. 1-1994]
Editor's Note: The Village of Fultonville has chosen to privatize refuse collection and recycling for a four-year period beginning June 1, 1997.
As used herein, the following terms shall have the meanings indicated:
- Tree branches not exceeding two inches in diameter and no more than four feet in length and twigs and shrub and hedge clippings.
- BULK ITEMS
- Large items and materials, including furniture, house furnishings and large appliances, such as refrigerators, stoves, washing machines and clothes dryers.
- A receptacle constructed of such material and in such a manner as to hold solid waste and trash and other such items without breaking or collapsing. Containers shall have covers so that the contents therein are not exposed to the weather, animals and vermin. All bags must be made of a clear material to allow a visual examination of its contents.
- The rubbish, food wastes and collectible wastes resulting from the normal day-to-day operation of a household. Garbage does not include rubble, bulk items, industrial waste or any other material not covered under this definition.
- INDUSTRIAL WASTE
- Waste generated by any industrial process or operation.
- Food wastes, including but not limited to table cleanings, fruit, vegetables and animal parings and scraps, decaying or spoiled vegetable, animal and fruit matter; any paper, plastic, cardboard or other material used to wrap, cover or contain food, and any other household waste resulting from the use, consumption and preparation of food, metal and miscellaneous waste material, including rags, drugs, health aids and materials, sweepings, rubber, leather, cloth, magazines, paper, waste material from normal maintenance and repair activities, dirt, filth, bottles, jugs and jars, and any other similar waste material. Rubbish does not include bulk items, rubble, ashes, leaves, yard and garden waste, manure of any description, or any other material not covered under this definition.
- 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, railroad ties, wooden pallets, doors, windows and any similar material.
- The Village of Fultonville, New York.
- YARD WASTE
- Grass, leaves and waste plant and dirt materials from vegetable and flower gardens, lawns and yards and brush.
Collection areas, together with the dates of collection, shall be established by regulation of the village. In the event of an emergency situation, the village may suspend, restrict or otherwise modify the provisions of this article.
Property owners and their agents, lessees, tenants or other occupants residing in residential dwellings who wish to have their garbage disposed of by the village shall:
Place garbage from their dwelling unit in appropriate containers as specified at the street curb if one exists, without obstruction to the free and proper use by the public of the sidewalks adjacent thereto; or adjacent to but not on the street pavement if there is no curb.
The village shall pick up no more than one sixty-gallon container of garbage or rubbish from each commercial establishment per week. The village shall not be responsible for the pickup and disposal of any bulk items, brush, rubble, yard waste, industrial waste or garbage and rubbish in excess of one sixty-gallon container per week from any commercial establishment.
The village shall be responsible for collecting on a regular basis only those waste materials that constitute garbage and rubbish.
The village will pick up yard waste, including leaves, grass and garden waste in normal business hours. All yard waste must be placed in clear plastic bags and placed along the curb. A residential user desiring pickup for a bulk item or rubble shall make arrangements for said pickup with the Village Street and Water Commissioner or such other person as the village may designate. The fee for such pickup will be determined by resolution of village which may be amended from time to time.
No person shall place any waste materials at or near any curb, sidewalk, alley or street for purposes of collection by the village other than the following:
No person shall place any garbage at or near the curb, sidewalk or street for purposes of collection by the village unless that person complies with the following requirements:
Garbage must be placed in containers furnished by the village's contractor.
When the village has announced that waste materials other than garbage will be collected on particular days or during particular periods, any person placing such waste materials at or near the curb, sidewalk or street for purposes of collection by the village shall comply with the following:
No person shall place any waste material at or near any curb, sidewalk or street other than the curb, sidewalk or street immediately in front of the property from which such waste material was generated.
The placement of any waste material at or near any curb, sidewalk or street, other than in compliance with this section, shall constitute a violation of this article.
The following items are prohibited from being placed for collection by the village on normal weekly pickup:
Construction materials, including but not limited to bulk roof shingles, dimensional framing lumber, bulk or sheets of plywood, paneling, plasterboard, sheetrock, etc.
Tree trimmings, hot ashes, dirt, earth, stone, blacktop, concrete, bricks and concrete block.
Industrial waste, including but not limited to processed scrap materials, certain hazardous and dangerous materials, such as acids, paints, fluorescent tubes, bulk amounts of glass, toxic materials and highly volatile or explosive matter, either in liquid, gaseous or solid form.
Bulk automotive parts, including but not limited to transmissions, engines, rear ends, wheels, tires, mufflers, and other bulk items normally produced by vehicular repair operations.
Dead animals, animal waste and animal droppings.
Surgical dressings, syringes and disposable hospital-type items.
New and used motor oils or other petroleum products.
Hazardous waste classified pursuant to regulations issued by the New York State Department of Environmental Conservation.
Domestic or household bulky items, such as washing machines, refrigerators, stoves, household appliances and other household furnishings, such as chairs, sofas, beds, etc., shall not be placed at the curb for collection unless such collection is specifically announced by the village.
It shall be a violation of this chapter for any individual, association, partnership or corporation to leave outside of any building or dwelling, in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator, freezer or dishwasher or any other item of any kind which has an airtight door, with or without a lock, without first removing said door.
Whenever a person places garbage or other waste material at or near a curb, sidewalk, alley or street for collection by the village without complying with all the provisions of this article, the village may choose not to collect the garbage or other waste material. In such a case the village shall affix a notice to the waste material which gives the reason why the material was not collected. The village may also notify the property owner of the property from which such uncollected waste material was generated why the village did not collect that material. That notice shall be either verbal or written, as the village determines is appropriate, and shall be provided as soon as feasible after the village refuses to collect that material.
Where the village has not collected certain refuse and/or waste material because those materials were not considered collectible garbage as outlined in this article, or placed or prepared in accordance with the provisions of this article, the person who placed such materials for collection or 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 the village has refused collection and, in any event, by 8:00 p.m. of the designated collection day. The failure to remove any uncollected waste material by 8:00 p.m. of the designated collection day shall constitute a violation of this article, and subjects the violator to the enforcement provisions contained in § 116-13 of this article.
The Village of Fultonville may, by resolution, impose fees for the collection of any refuse, rubble, bulk items, brush or industrial waste. After such fees are imposed, the manner of implementation and collection shall be by regulation of the village not inconsistent with the terms of the resolution imposing such fees.
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 garbage and other waste materials generated by that person or at property owned by that person.
Property owners and their agents, lessees, tenants or other occupants who place materials not in accordance with this chapter shall hold harmless and indemnify from any and all losses the Village of Fultonville, its employees and agents for all costs, direct and indirect, which are attributable, in the sole discretion of the village, for materials collected which were placed for collection in violation of the terms of this chapter.
Any person who commits a violation of this article shall be punished as follows: by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days or by both such fine and imprisonment.
Each commission of a single act shall constitute a separate violation of this article, and each day of such violation shall constitute a separate offense, which may be punished and prosecuted as such.
[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Editor's Note: The Village of Fultonville has chosen to privatize refuse collection and recycling for a four-year period beginning June 1, 1997
There is hereby established a program for the mandatory separation of recyclables from garbage or rubbish within the Village of Fultonville, New York, thereby providing for the health and welfare of the citizens of the Village of Fultonville, New York.
For the purpose of this article, the following terms have the meanings herein defined:
- The Board of Trustees of the Village of Fultonville, New York. When used in reference to a voting body, it shall be taken to include the phrase "or a majority thereof."
- Corrugated boxes and similar corrugated materials which have a minimum of contamination by food or other materials.
- Any person who holds himself out as a collector to collect either solid waste or recyclables from residential, business, commercial or other establishments.
- The New York Department of Environmental Conservation.
- The Director of Public Works of this municipality or his authorized representative.
- All putrescible wastes except sewage and body wastes, including vegetable and animal offal.
- GLASS FOOD CONTAINER
- A glass bottle or jar of any size or shape used to package food products suitable for human or animal consumption.
- An intermediate processing center which receives, processes and markets recyclables.
- LEAVES OR LEAF WASTE MATERIAL
- The fallen foliage of trees.
- METAL FOOD CONTAINER
- An aluminum, bimetal, steel, tin-plated steel or other metallic can, plate or tray of any size or shape used to package food products suitable for human or animal consumption.
- MUNICIPALITY OR VILLAGE
- The Village of Fultonville.
- Used or discarded newsprint (newspaper advertisements, supplements, comics and newsprint-type enclosures) which has a minimum of contamination by food and other material.
- OFFICE PAPER
- Any used or discarded high-grade white paper and manila paper, including but not limited to paper utilized for file folders, tab cards, writing, typing or printing which is suitable for recycling and which has a minimum of contamination.
- PAPER LEAF BAGS
- A paper leaf bag which shall be a sanitary kraft paper sack or equal of thirty-gallon capacity, two-ply, fifty-pound wet strength, with decomposing glue and a reinforced, self-supporting square bottom closure.
- Any individual, corporation, partnership, association or other entity or organization of any kind.
- RECYCLABLE MATERIALS
- Any item designated by the DEC or the Board which can be separated or diverted as defined below under "recycling."
- The separation or diversion of an item or items from the solid waste stream for the purposes of processing it or causing it to be processed into a material product, including the production of compost, in order to provide for the disposition of the item or items in a manner, other than incineration or landfilling, which will best protect the environment. Nothing in this definition shall preclude the use of waste oil as fuel in an oil burner.
- RECYCLING CENTER
- The village's recycling drop-off facility or such other area or areas as designated by the Board.
- RECYCLING CONTAINER
- A container described in § 116-21 hereof and used for the sole purpose of disposing of newspapers and cardboard as well as glass and metal food and beverage containers and other items that may be deemed recyclable by the Board.
- RESIDENTIAL PROPERTY
- Real estate containing one or more dwelling units, but shall not include hospitals, motels or hotels.
- All nonputrescible waste materials except ashes, including but not limited to wood, glass, bedding, crockery and industrial wastes. The term "rubbish," as used herein, shall not mean nor shall it include in its meaning unacceptable waste or recyclable materials.
- SCRAP METAL
- Used or discarded items which consist predominantly of ferrous metals, aluminum, brass, copper, lead, chromium, tin, nickel or alloys thereof, including but not limited to white goods and metal food containers.
- SOLID WASTE
- Solid, liquid, semisolid or contained gaseous, material that is unwanted or discarded, including but not limited to demolition debris, material burned or processed at a resources recovery facility or incinerator, material processed at a recycling facility and sludges or other residue from a water pollution abatement facility, water supply treatment plant or air pollution control facility.
- STORAGE BATTERY
- Lead acid batteries or other batteries used in motor vehicles such as automobiles, airplanes, boats, recreational vehicles, tractors and like applications.
- A. An item of waste either smoldering or on fire.
- B. Waste in quantities and concentrations which, by law, require special handling in their collection and/or processing.
- C. All other items of waste which, at the time of delivery to the solid waste disposal area, transfer station, recycling center or IPC, would be likely to pose a threat to health or safety, would not normally be disposed of in a sanitary landfill, recycling center or IPC or would be prohibited by any judicial decision, order or action of any federal, state or local government or any agency thereof or any other regulatory authority, or any applicable law or regulation, from being disposed of at the solid waste disposal area, transfer station, recycling center or IPC.
- WASTE OIL
- Crankcase oil that has been utilized in internal combustion engines.
On and after the effective date of this article, each person who generates solid waste from residential property shall separate from other solid waste the items designated for recycling in § 116-17 hereof, and every other person who generates solid waste shall make provision for the separation from other solid waste of the items designated for recycling.
The Board will revise this list as opportunities become available to recycle additional items.
Any collector hauling solid waste generated by residential, business, commercial or other establishments in the Village of Fultonville shall register with the village on forms prescribed by the Board. Upon registration and payment of an annual permit fee of $25, each such collector shall be issued a permit to collect or continue the collection of solid waste with the village. Permits issued hereunder shall not be transferred by the holder thereof.
Each such collector shall disclose the name of any other municipality in which such collector hauls such solid waste.
The door of any private vehicle used to haul solid waste shall be clearly marked with the business name and address of the collector.
Each collector shall further be required to sign an affidavit of origin, under penalty of false statement, that all recyclables disposed of in the name of the Village of Fultonville or its residents shall originate from properties located within the corporate limits of the village or from such other locations as the village may permit.
Each collector permitted to collect solid waste within the village pursuant to the provisions of Subsections A through D hereof shall, subject to the further provisions hereof, collect or cause to be collected all recyclables generated by their village customers and required to be recycled pursuant to the requirements of this article.
No collector shall be required to provide collection services to any customer who is more than 30 days delinquent in the payment of collector's fees. If the delinquent customer shall discharge his delinquency, the collector shall immediately resume collection services to the customer.
As conditions of the permits issued pursuant to this section, all collectors shall comply with the following requirements:
Collectors shall conform to all provisions of federal, state and local law.
Collectors shall keep accurate records of and report to the village or to any other entity designated by it the amounts in the aggregate of all recyclable materials collected by such collector within the village.
Collectors shall pay to the IPC operator or to any other entity designated by them or the Board the applicable tipping fees and charges with respect to those categories of recyclable materials accepted by and delivered to the IPC by such collector.
When delivering recyclable materials to the IPC, collectors shall use only equipment compatible with the efficient operation of the IPC, which equipment shall be subject to the reasonable approval of the operator thereof.
Collectors shall be responsible for all costs or damages relating to the delivery by it to the IPC of materials other than those recyclable materials which have been designated and approved by the village for delivery to the IPC.
Collectors shall provide to IPC operator or owner a suitable performance bond or letter of credit to insure the performance of the collector's obligations hereunder. Said security shall be in such forms and amounts as determined by the village.
Collectors shall provide insurance covering their recycling operation, which coverage shall include the village and, if recyclable materials are delivered to an IPC, the IPC owner and its operator, as additional insureds. Such coverage shall include but not be limited to general liability, automotive liability, excess liability, workers' compensation and employers liability in amounts reasonably deemed by the village.
On or after the effective date of this article, any collector who has reason to believe that a person from whom he collects solid waste has discarded recyclable items with such solid waste in violation of the provisions of this article shall promptly notify the Board of the alleged violation. Upon the request of the Board, a collector shall provide warning notices, by the placement of tags provided by the village, to any person suspected by the collector or the village of violating the separation requirements of state law or this article. Each collector shall also be required to assist the village in the identification of any perk responsible for creating loads containing significant quantities of items subject to the separation requirements of state law or this article which are delivered to a resources recovery facility, detected by the owner or operator of such facility.
Materials from residential property disposed of by a collector.
The following materials generated from residential property and required to be recycled pursuant to the provisions of § 116-17A hereof, if disposed of by a collector, shall be prepared for collection by the resident in accordance with the further provisions hereof:
Newspaper should be tightly packed and tied in bundles not to exceed 50 pounds in weight and placed out for the collector in accordance with his requirements as approved by the Board.
Cardboard must be flattened and tied in bundles not to exceed 50 pounds in weight and placed out for the collector in accordance with his requirements as approved by the Board.
Glass and metal food or beverage containers shall contain a minimum of contamination and may be mixed together in a recycling container of the type as approved by the Board. The removal of lids and labels from said food and beverage containers shall not be required; provided, however, that ceramic lids shall be separated and shall not be mixed with other recyclable materials. No other recyclable materials or solid waste shall be disposed of in said recycling container unless so designated by the Board.
After being prepared in the manner described in the foregoing subsections of this section, each recycling container shall be placed for collection purposes within 10 feet of the street or curbline or in such other location as shall be agreed upon by the owner or tenant and the collector. The containers shall be so placed not earlier than 12 hours before the scheduled time of collection and shall be removed from the street, curbline or other collection point within 12 hours after the materials therein have been collected. Said containers shall be so placed in such a manner that said containers do not constitute a travel or health hazard or nuisance of any sort. The collector shall deliver all recyclables so set out for collection to such locations as shall be designated by the village.
On days specified by the Board as leaf waste collection days, residents in the village shall place their leaf waste material generated from residential property into leaf bags of a type approved by the Board. Leaf bags shall be placed at such locations as may be approved by the village in a manner assuring access by those employees of the village collecting said bags. Said bags shall be so placed in such a manner that said bags do not constitute a travel or health hazard or nuisance of any sort. The village may refuse to collect leaves from any person who fails to comply with the provisions hereof.
Nothing herein shall preclude a person from using backyard or decentralized composting as a method for disposal of their leaves. Residents may also deliver their leaves to the composting site as designated by the Board.
All persons generating solid waste from nonresidential properties shall make arrangements to have all recyclable materials described in § 116-17 hereof collected and recycled in a manner consistent with the provisions of state law and this article.
Except as may be permitted by the Board, the disposal of recyclable materials originating from a source outside the village at the Recycling Center shall be prohibited. Except as may be permitted by the Board, the disposal of recyclable materials originating from a source outside the village at any location designated by the Board, including a regionally designated IPC, in the name of the village or its residents shall be prohibited.
All glass and metal food and beverage containers generated from residential properties shall be prepared for disposal in accordance with the provisions of § 116-20 and placed in a recycling container, which shall be a type approved for use by the Board.
Upon placement of recyclables on the street or at the curbline or at such other locations as has been agreed upon by the property owner or tenant and the collector, or upon delivery of recyclables to any disposal site designated by the village pursuant to the provisions of this article, it shall be a violation of this article for any person other than the depositor or the collector or the authorized agents of the village acting in the course of their employment to collect or pick up any such recyclables or cause the same to be collected or picked up.
In addition to the fine imposed for violations of this section, the violator may be required to make restitution to the village for the value of any materials illegally removed.
Nothing in this article shall abridge the right of any person to give or sell their recyclables, including deposit beverage containers, to any person, provided that such materials shall not have been set out on the street or curbline, or at any designated collection, pickup or disposal site.
Any collector found to have violated the collection requirements of § 116-18E hereof shall be subject to a fine in the amount of $250 or imprisonment not to exceed 15 days, or both, for each offense. In addition, the village reserves the right to suspend or revoke the permit of any such collector. Any collector whose permit is either suspended or revoked as provided for herein shall be entitled to a hearing before the Board.
Any person who violates the provisions of § 116-20A and B shall be subject to the following penalties:
Upon a first or second offense, the violator shall receive a written warning.
Upon a third offense occurring within a period of one year from the date of the original offense, the violator shall be subject to a fine in the amount of $50.
Upon any subsequent offense occurring within a period of one year from the date of the original offense, the violator shall be subject to a fine of of $250 or imprisonment not to exceed 15 days, or both.
Any person who violates any other provision of this article shall be subject to a fine of $250 or imprisonment not to exceed 15 days, or both, for each such offense.
The Board is hereby authorized to adopt such regulations as it deems necessary to implement the provisions of this article. At least one public hearing, notice of which shall be given at least five days but not more than 15 days in advance by publication in a newspaper having a general circulation in the village and by posting a notice of such hearing in a public place, shall be held by the Board before any such regulation is adopted. After adoption, every regulation shall, within 10 days, be published in its entirety in a newspaper having a general circulation in the village and, unless it shall specify a later date, shall become effective on the 30th day after such publication.