[Adopted 11-29-1989 as L.L. No. 11-1989]
A.
It is hereby determined that the public order, safety,
health and welfare of the Village of Nassau requires the reasonable regulation
of the manner in which solid waste is managed and disposed of within the Village
of Nassau.
B.
This Article shall be known as the "Solid Waste Management
Local Law."
As used in this Article, the following words are intended to include
and be defined as follows:
An item of solid waste larger than two by two by four (2 x 2 x 4)
feet and/or having a weight in excess of fifty (50) pounds.
Solid waste delivered to the solid waste collection and disposal
site in aggregate weight in excess of one hundred (100) pounds and/or volume
in excess of one (1) cubic yard, whichever shall be less, consisting of any
combination of wood, lathe, plaster, concrete, cement, bricks, mortar, roofing
materials and/or other debris removed in the construction, reconstruction,
remodeling, alteration, destruction, razing and/or removal of any residential
(or ancillary thereto), agricultural, commercial and/or industrial building.
A waste or combination of waste which, because of its quantity, concentration
or physical, chemical or infectious characteristics, may cause or significantly
contribute to an increase in mortality or an increase in serious irreversible
or incapacitating reversible illness or pose a substantial present or potential
hazard to human health or the environment.
Solid waste consisting of newspaper, magazines, telephone books,
cardboard, glass, plastic and/or metal.
Materials or substances discharged or rejected as being spent, useless,
worthless or in excess to the owner at the time of such discard or rejection,
except sewage and other highly diluted water-carried materials or substances
and those in gaseous form. Such waste shall include but is not limited to
garbage, rubbish, ashes (excluding incinerator residue), street cleanings,
industrial waste, commercial waste and construction and demolition debris.
A facility for the collection, compaction or transfer of bulk items,
recyclables, construction and demolition debris or solid waste or any combination
of the foregoing, whether owned by the Village of Nassau or used by it under
contract with a third party, including, without limitation, a facility jointly
operated with another municipality. The cocomposting facility envisioned by
the Eastern Rensselaer County Solid Waste Management Authority shall be considered
a "solid waste collection and disposal site."
The specific permission by the Village Board or its authorized agent
or employee for a person to collect and dispose of solid waste at the solid
waste collection and disposal site in accordance with the provisions of this
chapter.
A.
The Village Board shall, from time to time, by resolution,
establish the hours of operation or availability of one (1) or more solid
waste collection and disposal sites which may be used by residents of the
village or a commercial refuse hauler who collects solid waste for the village
from its residents and may, from time to time, by resolution, designate certain
hours for the collection and disposal of specific items of solid waste.
B.
The Village Board, considering the public order, health,
safety and welfare of the village, may, from time to time, prohibit the collection
and disposal of specific items of solid waste at the solid waste collection
and disposal site.
C.
The Village Board, not less than annually, shall, by
resolution, establish a user permit fee schedule for the privilege of disposing
of solid waste at the solid waste collection and disposal site. The user permit
shall be in such form as authorized, from time to time, by the Village Board
and shall be for a specific period of time. The user permit fee schedule shall
provide for distinct classifications- including classifications based upon
the manner of collection and delivery of the solid waste to the solid waste
collection and disposal site, source of generation of the solid waste, type
of solid waste and volume of solid waste. The Village Board may, limited to
individual user permits for residences occupied by persons over the age of
sixty-five (65), create a user permit classification for senior citizens.
D.
The Village Board shall, from time to time, by resolution,
establish, in addition to and not in lieu of the user permit fee, a schedule
of fees and special use permit for the collection and disposal of specific
items of solid waste, including a specific fee schedule and special use permit
for the collection and disposal of bulk items and for construction and demolition
debris and other specific items of solid waste so designated by the Village
Board.
E.
The Village Clerk of the Village of Nassau is designated
as the issuing agent for the user permit and the special use permit and for
the collection of fees under this chapter.
F.
No resident of the Village of Nassau or commercial refuse
hauler who collects solid waste for the village from its residents or other
person or entity shall dispose of solid waste at the solid waste collection
and disposal site originating, collected, accumulated, received, processed
or otherwise acquired outside of the Village of Nassau. The foregoing shall
not preclude the lawful use of a shared solid waste collection and disposal
site or the cocomposting facility of the Eastern Rensselaer County Solid Waste
Management Authority.
G.
The solid waste collection and disposal site shall not
be used for the collection and disposal of any hazardous waste. No person
shall collect or dispose of any hazardous waste at the solid waste collection
and disposal site.
H.
No person shall collect and dispose of solid waste at
the solid waste collection and disposal site without the permission of the
Village Board or its duly authorized agent or employee and without first obtaining
a user permit from the Village Clerk.
I.
All solid waste collected and disposed of at the solid
waste collection and disposal site shall be disposed of in the manner and
at the location to be determined by the Village Board or its duly authorized
agent or employee if the solid waste collection and disposal site is located
within the village; the sponsor, if the solid waste collection and disposal
site is a shared facility located outside of the village; or the Eastern Rensselaer
County Solid Waste Management Authority, if the solid waste collection and
disposal site is the cocomposting facility.
J.
No person shall collect and dispose of solid waste from
the Village of Nassau at the solid waste collection and disposal site unless
in accordance with this chapter.
K.
The Village Board or its duly authorized agent or employee,
upon a determination that any person is violating any provision of this chapter,
in addition to any other remedy or penalty under this chapter, shall be authorized
to direct such person violating any provision of this chapter to immediately
cease and desist in the use of the solid waste collection and disposal site
and to leave the site.
L.
The solid waste collection and disposal site shall be
operated and maintained in accordance with the applicable provisions of the
Environmental Conservation Law of the State of New York.
M.
Ownership of solid waste collected within the Village
of Nassau and disposed of at the solid waste collection and disposal site
in accordance with the provisions of this chapter shall be vested in the village.
N.
The solid waste collection and disposal site shall be
operated in a manner consistent with and encouraging the appropriate recycling
of solid waste. The Village Board, from time to time, may, by resolution,
establish procedures for collection, sorting, storage and disposal of recyclable
solid waste collected within the Village of Nassau and may further enter into
such agreements and contracts as it deems appropriate to provide for the collection,
sorting, storage and disposal of recyclable solid waste.
A.
To the extent practicable, recyclable solid waste shall
be separated from all other solid waste collected and disposed of at the solid
waste collection and disposal site.
B.
Paper recyclables shall be tied in bundles prior to the
collection and disposing of the same. Newspaper shall be bundled separately
from magazines, telephone books, cardboard or other paper products. Paper
recyclables shall be placed in the appropriate container designated for the
same.
C.
Glass recyclables shall be clean and all contents and
caps shall be removed prior to the collection and disposing of the same. Glass
recyclables shall be placed in the appropriate container designated for the
same.
D.
Metal recyclables shall be clean and all contents shall
be removed and all labels shall be removed prior to the collection and disposing
of the same. Metal recyclables shall be placed in the appropriate container
designated for the same.
E.
Plastic recyclables shall be clean and all contents shall
be removed prior to the collection and disposing of the same and shall be
placed in the appropriate container and designated for the same.
F.
Recyclables eligible for deposit redemption shall be
clean and all contents shall be removed prior to the collection and disposing
of the same and shall be placed in the appropriate container designated for
the same.
G.
The Village Board, from time to time, by resolution,
shall determine eligible and required paper, glass, metal and/or plastic recyclables
for inclusion in the recycling procedure at the solid waste collection and
disposal site.
H.
No person shall collect and dispose of solid waste at
the solid waste collection and disposal site which consists of eligible and
required paper, glass, metal and/or plastic recyclables combined with other
forms of solid waste.
I.
No person shall collect, remove or take recyclables collected
and disposed of at the solid waste collection and disposal site, unless specifically
granted such permission by the Village Board or its authorized agent or employee
if the solid waste collection and disposal site is located within the village;
the sponsor, if the solid waste collection and disposal site is a shared facility
located outside of the village; or the Eastern Rensselaer County Solid Waste
Management Authority, if the solid waste collection and disposal site is the
cocomposting facility.
A.
Any person convicted of collecting and disposing of solid
waste at the solid waste collection and disposal site without a valid user
permit shall be guilty of a violation and punished by a fine of not less than
fifty dollars ($50.) nor more than one hundred dollars ($100.). Upon any second
or subsequent convictions, the court shall impose a fine of two hundred fifty
dollars ($250.).
B.
Any person convicted of violating any of the provisions of § 92-3 of this Article shall be guilty of a violation and be punished by a fine of not less than twenty-five dollars ($25.) nor more than two hundred fifty dollars ($250.). Upon any second or subsequent convictions, the court shall impose a fine of not less than one hundred dollars ($100.) nor more than two hundred fifty dollars ($250.).
C.
Notwithstanding any other provision of this Article, any person convicted of violating § 92-3G of this chapter shall be guilty of a violation and be punished by a fine of two hundred fifty dollars ($250.). Each article or item of hazardous waste shall constitute a separate offense under this chapter.
D.
Notwithstanding any other provision of this Article, any person convicted of violating § 92-3K of this chapter shall be guilty of a violation and be punished by a fine of not less than one hundred dollars ($100.) nor more than two hundred fifty dollars ($250.). Upon any second or subsequent convictions, the court shall impose a fine of two hundred fifty dollars ($250.).
E.
Any person convicted of violating any of the provisions of § 92-4 of this Article shall be guilty of a violation and be punished by a fine of ten dollars ($10.) for the first offense; upon a second conviction the court shall impose a fine of twenty-five dollars ($25.); upon a third or subsequent convictions, the court shall impose a fine of not less than fifty dollars ($50.) nor more than two hundred fifty dollars ($250.).
F.
In addition to any other penalty imposed under this Article,
upon any second or subsequent convictions of violating any of the provisions
of this Article, the user permit of such person shall be revoked for a period
of not less than three (3) months nor more than one (1) year.
