[Adopted 7-10-1991 as L.L. No. 1-1991]
As used in this Article, the following terms shall have the following
meanings:
The Eastern Rensselaer County Solid Waste Management Authority.
An item of solid waste larger than two by two by four (2 x 2 x 4)
feet, having a weight in excess of fifty (50) pounds and generated in a residence.
Any material or substance which is produced as a result of a commercial
or industrial production process and cannot be utilized or otherwise recycled
or reused in the same production process.
A facility owned and/or operated by the Authority and designed to
compost sewage sludge, septage and solid waste.
Any activity related to or connected with trade, commerce or business
for profit.
All nonhazardous and nontoxic solid wastes generated by commercial
and industrial sources, including commercial and industrial by-products.
The collecting, pickup, transfer, storage, removal, transport or
disposal of solid waste generated or produced at residential, commercial,
industrial, governmental or municipal facilities located in the town/village.
Solid waste 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 and brush stumps.
Thrown away, disposed of, rejected, burned, incinerated, accumulated,
stored or physically, chemically or biologically treated. A material or substance
is disposed of if it is discharged, deposited, injected, dumped, spilled,
leaked or abandoned.
A facility which is used to place solid waste into or on any land
or water and at which such solid waste remains for a period longer than thirty
(30) days.
Pesticides and/or pesticide residue and all containers containing
the same which are or will no longer be utilized for agricultural purposes.
Grass clippings, leaves and cuttings from shrubs, hedge and trees,
and garden debris which are not composted on the property where they are generated.
A waste or combination of wastes which, because of its quantity,
concentration or physical, chemical or infectious characteristics, may cause
or significantly contribute to an incapacitating reversible illness or pose
a substantial present or potential hazard or threat to human health or the
environment, and includes wastes defined and regulated by Title 6 of the Official
Compilation of Codes, Rules and Regulations of the State of New York (NYCRR)
Part 371, as amended.
Household wastes which are or contain hazardous substances, and shall
include pesticides, pesticide residue and all containers containing the same,
used motor oil (and other automobile fluids), automobile batteries, paints,
varnishes, paint thinners, solvents, antifreeze, household cleaners, polishes,
waxes, wood preservatives and chemicals used in the maintenance of swimming
pools and containers containing the same.
Shall be defined in 6 NYCRR Part 360, as amended.
Any individual, public or private corporation, political subdivision,
government agency, authority, department or bureau of the state, municipality,
partnership, association, trust or any other legal entity.
Any solid waste designated in this Article which must be separated
from the solid waste stream and held for its recycling or reuse value.
A facility operated and/or owned by a municipality which is designed
and used for the collection and temporary storage [less than thirty (30) days]
of recyclables prior to the time of movement to a materials recovery facility
(MRF) owned and/or operated by the Authority or to recycling markets.
A person who commercially deals with recyclables, including but not
limited to collectors, separators and marketers, but shall not include any
person who collects recyclables for not-for-profit or charitable fundraising
purposes.
All putrescible and nonputrescible materials or substances discarded
as being spent, useless, worthless or in excess to the owners at the time
such materials or substances are discarded, having served their intended use,
including but not limited to by-products, garbage, refuse, industrial, commercial
and agricultural waste, sludges from air or water pollution control facilities
or water supply treatment facilities, rubbish, tires, ashes, contained gaseous
material, incinerator residue, construction and demolition debris, recyclables,
household and farm hazardous waste, green waste 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 the characteristics of hazardous waste promulgated by the
Commissioner of the New York State Department of Environmental Conservation.
A disposal facility, transfer station, materials recovery facility
owned and/or operated by the Authority, recyclables dropoff facility or cocomposting
facility.
The segregation of recyclables from other solid waste at the point
of generation for separate collection, sale or other disposition.
Tires from cars and trucks and their casings.
A facility owned and/or operated by a municipality which is designed
to be utilized to transfer solid waste, excluding recyclables, from a vehicle
into another transportation unit for movement to a disposal or cocomposting
facility.
The Village of Nassau.
In order to provide for the public health and safety and to facilitate
the conservation of vital natural resources, the village has determined that
the management of solid waste can be accomplished in the most environmentally
sound and cost-effective manner through the implementation of a cooperative
and coordinated regional solid waste management program with the Authority
which includes the control of the disposal of all solid waste generated or
produced within the Authority. As a member of the Authority, the village has
committed to such an approach and finds that the protection of the public
health and safety and the conservation of vital natural resources requires
that all solid waste generated or produced within the village be collected
and delivered to solid waste facilities designated by the village.
No person shall discard any solid waste except as permitted by § 92-11 and except as follows:
A.
In order to provide for public health and safety and
to facilitate the conservation of vital resources, all solid waste generated
or produced within the village shall be discarded at solid waste facilities
designated by the village from time to time. Each person generating or producing
solid waste in the village shall provide for the discard of solid waste from
the property at which it is generated or produced either through a collection
service provided by a municipality, a commercial collection service permitted
by the village or by direct haul by the individual generator to a solid waste
facility designated by the village from time to time.
B.
In order to facilitate the conservation of vital natural resources through recycling, newspapers, clear glass, bimetal cans or containers, aluminum cans or containers, corrugated card-board, No. 1 and No. 2 [polyethylene terephthalate (PET) and high-density polyethylene (HDPE)] plastics, office paper, batteries and such other solid waste designated by the village from time to time as recyclable shall be separated from other solid waste prior to being discarded as required by § 92-8A above.
No person shall discard any household hazardous waste or farm hazardous
waste in the village except at a solid waste facility specifically designated
for such waste by the village from time to time.
No person shall discard any infectious or hazardous waste in the village
except at a solid waste facility specifically designated for such waste by
the village from time to time.
A.
Grass clippings, leaves and cuttings from shrubs, hedges,
garden debris originating at a residence and permitted kitchen scraps generated
at a residence may be composted at such residence pursuant to rules and regulations
promulgated by the Village Board.
B.
Municipal solid waste disposal fees shall not be reduced
on account of on-site composting.
A.
Commencing July 10, 1991, no person shall engage in the
commercial collection of solid waste, including recyclables, in the village
without a permit issued pursuant to this Article. Failure to obtain such permit
shall prohibit any such person from conducting such activities within the
village and shall be a violation of this Article.
B.
Any person intending to engage in the commercial collection
of solid waste in the village after July 10, 1991, shall submit an application
to the Village Clerk. The application shall be on approved forms and shall
contain the following information:
(1)
A map of the proposed service area.
(2)
Proposed collection schedules for the service area. If
recyclables are not proposed to be collected with other solid waste, a proposed
schedule for collection of source-separated recyclables shall also be submitted.
(3)
A list of accounts for collection of solid waste within
the village including property addresses. Accounts shall be separately listed
or identified as either residential, industrial, commercial or municipal accounts.
(4)
The number, types and size of vehicles to be used for
commercial collection, including license plate numbers.
(5)
A proposed plan for marketing recyclables.
C.
All solid waste collected in the village shall only be
delivered to and discarded at solid waste facilities designated by the village.
D.
A permit issued by the village shall be valid until December
31 of the year in which it is issued unless a shorter period is specified
in the permit. The permit shall also require that the permittee pay all fees
associated with the disposal of solid waste at the facility or facilities
identified in the permit within twenty (20) days of receipt of a written invoice
from either the village or the Authority.
By the adoption of this Article, the village also declares its intent
to regulate the throwing, dumping, depositing and placing of solid waste,
including recyclables, on lands within the village. It shall be a violation
of this Article for any person to throw, dump, deposit, place, dispose of
or otherwise discard or to commercially collect solid waste, including recyclables,
except as specifically set forth in this Article.
A.
Civil liability.
(1)
Any person who violates any provision of or who fails
to perform any duty imposed by this Article or the terms of any permit issued
hereunder shall be liable for penalties as follows:
(a)
For a first violation, by a penalty of not less than
one hundred dollars ($100.) nor more than five hundred dollars ($500.) for
each such violation.
(b)
For a second violation within one (1) year, by a penalty
of not less than five hundred dollars ($500.) nor more than one thousand dollars
($1,000.) for each such violation.
(c)
For a third and any subsequent violation within a year,
by a penalty of not less than one thousand dollars ($1,000.) nor more than
two thousand five hundred dollars ($2,500.) for each such violation.
(2)
Any civil liability for violations shall be in addition
to any criminal liability set forth in this Article.
B.
Criminal liability. Any person who violates any provision
of or who fails to perform any duty imposed by this Article or the terms of
any permit issued hereunder shall be guilty of a violation and:
(1)
Upon conviction for a first offense, shall be punished
by a fine of not less than one hundred dollars ($100.) nor more than five
hundred dollars ($500.).
(2)
Upon conviction of a second offense within one (1) year,
shall be punished by a fine of not less than five hundred dollars ($500.)
nor more than one thousand dollars ($1,000.) or imprisonment for not more
than fifteen (15) days, or both.
(3)
Upon conviction of a third and any subsequent offense
within one (1) year, shall be punished by a fine of not less than one thousand
dollars ($1,000.) nor more than two thousand five hundred dollars ($2,500.)
or imprisonment for not more than fifteen (15) days, or both.
C.
In any civil or criminal proceeding, any person found
to be in violation of any provision of or for failing to perform
any duty imposed by this Article or the terms of any permit issued hereunder
may be enjoined from continuing such violations.
D.
A violation of any provision of or failure to perform
any duty imposed by this Article or the terms of any permit issued hereunder
shall constitute sufficient grounds for revocation of any permit issued to
the person pursuant to this Article.
E.
The civil and criminal prosecution of any person for
any violation of this Article shall lie with the village.
