[Adopted 7-8-1991 by L.L. No. 2-1991]
The Town Board of the Town of Wilson finds that
the reduction of the amount of solid waste and the conservation of
recyclable materials are important public concerns. The separation
and collection of newspaper, paper, cardboard, glass, cans, plastic
containers and other materials for recycling from the residential,
commercial, industrial and institutional establishments in the Town
will protect and enhance the Town's physical and visual environment,
as well as promote the health, safety and well-being of persons and
property within the Town by minimizing the potential adverse effects
of landfilling, facilitating the implementation and operation of other
forms of solid waste management, conserving natural resources and
assisting the Town in complying with the mandates of the New York
State Solid Waste Management Act of 1988. The promotion and use of recyclable materials, goods produced
from recyclable materials and goods which facilitate recycling will
further serve the same purposes by encouraging and facilitating recycling.
[Amended 2-18-2015 by L.L. No. 2-2015]
As used in this Article
I, the following terms shall have the meanings indicated herein. None of the terms defined below in this Article
I shall be deemed to include, or apply to, any material or activity prohibited or regulated under Article
II of this chapter.
ADMINISTRATOR
The person or persons designated by resolution of the Town
Board to monitor and enforce this article.
HAZARDOUS WASTE
Includes but is not limited to the following products and
their empty containers: insecticides, herbicides, petroleum products,
caustic chemicals, paint and batteries. "Hazardous wastes" generally
display one or more of the qualities of ignitability, corrosivity,
reactivity or toxicity.
NONRECYCLABLES
That portion of the waste stream not included under recyclables
and not treated separately as hazardous waste under § 27-0903
of the New York Environmental Conservation Law; source, special nuclear
or by-product material as defined in the United States Atomic Energy
Act of 1954; or low-level radioactive waste as defined in § 29-0101
of the New York Environmental Conservation Law. "Nonrecyclables" include
but are not limited to the following:
A.
GARBAGEPutrescible solid waste, including animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking or serving of foods. "Garbage" originates primarily in home kitchens, storage areas, markets, restaurants and other places where food is stored, prepared or served.
B.
RUBBISHRags, sweepings, rubber, leather, excelsior, crockery, shells, clothing, straw, dirt, filth, ashes, wastepaper and similar waste material.
C.
LARGE HOUSEHOLD FURNISHINGSLarge and/or bulky articles actually used in the home and which equip it for living (as chairs, sofas, tables, beds, carpets, etc.).
D.
CONSTRUCTION AND DEMOLITION DEBRISWaste resulting from construction, remodeling, repair and demolition of structures, road building 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 or brush stumps.
PERSON
Any individual, firm, partnership, company, corporation,
association, joint venture, cooperative enterprise, trust, municipality,
other governmental agency or any other entity or any group of such
persons which is recognized by law as the subject of rights and duties.
In any provisions of this article prescribing a fine, penalty or imprisonment,
the term "person" shall include the officers, directors, partners,
managers or persons in charge of a company, corporation or other legal
entity having officers, directors, partners, managers or other persons
in charge.
RECYCLABLES
Any materials which can be collected, separated and/or processed,
treated, reclaimed, used or reused to produce a raw material or product,
which materials include but are not limited to the following:
A.
Paper, clean and unsoiled, including newsprint,
newspapers, news advertisements, supplements, comics and enclosures,
corrugated boxes, cardboard, cardboard cartons and similar corrugated
materials.
B.
Unbroken glass, glass bottles or jars which
are transparent or translucent and which are green, amber (brown)
or clear (flint) in color.
C.
Bimetal cans, including containers fabricated
primarily of metal or tin, tin-plated steel cans, aluminum cans and
containers made primarily of aluminum and household and other items
made solely from aluminum.
D.
Plastic containers normally found in the household,
including containers used primarily for laundry products, dishwashing
detergents, milk, water and similar items, including PET (polyethylene
terephthalate) and HDPE (high-density polyethylene) and other common
plastic resin types.
E.
Such other items and materials, including garden
and yard waste as may later be included pursuant to agreement between
the Town and its refuse collection contractor; provided, however,
that nothing in this article shall be construed as preventing any
person from utilizing vegetative yard waste for compost, mulch or
other agricultural, horticultural, gardening or landscaping purposes.
WASTE MATERIAL
All recyclables and nonrecyclables which make up the waste
stream eligible for curbside pickup under this article. "Waste material"
does not include dead animals, fecal matter or material treated separately
as hazardous waste under § 27-0903 of the New York Environmental
Conservation Law; source, special nuclear or by-product material as
defined in the United States Atomic Energy Act of 1954; or low-level
radioactive waste as defined in § 29-0101 of the New York
Environmental Conservation Law.
No person shall dispose of waste material except
as follows:
A. Waste material shall be prepared for collection in accordance with Subsection
A(1) through
(4) of this section:
(1) Each person shall provide separate, sealable galvanized
iron cans or other suitable sanitary sealable containers or heavy
duty plastic bags for nonrecyclables unless stipulated otherwise in
this article. Such cans or containers shall not exceed 30 gallons'
capacity and when filled shall not exceed 60 pounds in weight. All
cans or containers shall be placed at the curb or roadside for collection.
(2) Recyclable aluminum cans and items, glass bottles
and plastic items shall be separated from nonrecyclables and placed
in the recyclable collection container.
(3) Recyclable metal cans, aluminum cans, glass and plastic
containers and other items so separated shall be rinsed of contents
and placed in the recyclable collection container.
(4) Newsprint shall be separated from nonrecyclables and
either placed in the recyclable container or properly secured into
bundles not to exceed 25 pounds in weight and placed at the curb or
in the recyclable container or roadside next to the recyclable container
for collection. Effort is to be made to keep the newsprint clean and
dry and contamination free.
(5) Other items to be included for recycling are to be
prepared as set forth from time to time by resolution of the Town
Board according to such expansions of the curbside collection program
as may be established by the Town from time to time.
(6) Recyclable containers shall be provided by each person
and shall conform in color, logo, shape and material and other specifications
to the material established from time to time by the Town Board.
Waste materials shall be collected in a manner
consistent with the terms of the Town of Wilson collection contract.
[Added 4-11-1994 by L.L. No. 2-1994]
The provisions of this section apply to commercial,
industrial and institutional waste generators. In the event that they
do not have materials collected pursuant to law or contract, they
shall be responsible for components prior to being disposed of in
any manner or solid waste left for collection or delivered by the
generator at a solid waste management facility. This material must
be source-separated.
[Amended 7-21-2021 by L.L. No. 4-2021]
A. No person shall cause to be imported into the Town of Wilson waste
material for garbage collection.
B. No person shall place for curbside collection any waste material
not generated on the premises fronting on the street upon which it
is placed.
C. Refuse containers or receptacles shall at all times be securely closed.
Every such person shall be responsible for the placement and removal
and storage of refuse containers or receptacles. It shall be unlawful
for any person to place containers or receptacles roadside more than
12 hours prior to collection or to remain at the roadside more than
12 hours after collection. No such person shall permit any refuse
to be stored or accumulated at any premises within the Town of Wilson
which would cause any unsanitary or unsightly condition in or about
any premises owned, used or occupied by said person.
[Amended 7-21-2021 by L.L. No. 4-2021]
A violation of this article shall constitute a violation punishable,
upon conviction thereof, by minimum fine of $100, and not to exceed
$500, for each offense.
[Adopted 2-18-2015 by L.L. No. 2-2015]
This article shall be known as the "Biosolids Management Law
of the Town of Wilson."
Except as provided elsewhere within this article, no person
shall collect, accept, store, process, treat, handle, generate, apply
to the land or dispose of biosolids, digestate or other liquid, solid
or semisolid waste, any of which contains human waste or any pathogenic
organisms, or which are derived from materials containing human waste,
pathogenic organisms and/or municipal wastewater, at any location
within the Town of Wilson.
The prohibitions set forth in §
107-12 and the limitations set forth in §
107-14 shall not apply to:
A. Anaerobic digestion facilities that do not accept, treat, or process
biosolids or sewage sludge from wastewater treatment facilities.
B. The generation of biosolids at a publicly owned treatment works.
C. Private septic systems located within the Town of Wilson.
D. The sale or storage of lawn and garden fertilizer packaged for retail
sale, or the application of lawn and garden fertilizers packaged for
retail sale, on an area of land less than 2.5 acres in size.
The invalidity of any word, section, clause, paragraph, sentence
or part or provision of this article shall not affect the validity
of any other part of this article which shall be in effect.