As used in this chapter, the following terms
shall have the meanings indicated:
ALUMINUM
Pure aluminum in any form, including but not limited to cans,
cooking utensils, aluminum foil and lawn furniture and other products
made exclusively from aluminum.
ASBESTOS WASTES
Solid waste containing any asbestos materials at any concentration.
BOARD
The Town Board of the Town of Colonie.
BRUSH
Tree branches not exceeding three inches in diameter and
four feet in length; twigs; shrubs and hedge clippings.
BULK ITEM
An item of solid waste larger than two feet by two feet by
four feet and/or having a weight in excess of 50 pounds.
BULK ITEMS
Items and materials larger than two feet by two feet by four
feet or heavier than 50 pounds, including furniture (other than aluminum
yard furniture), house furnishings, large appliances, such as refrigerators,
stoves, washing machines and clothes dryers, and automobile or other
motor vehicle tires.
BUNDLED
The placement into a paper bag or the use of twine, but not
wire, to securely tie together compactly in two perpendicular directions.
CHIPPER
Any device which produces small particles. The equipment
for this process includes chippers, hammer mills, shredders and millers.
The process shall not burn or scorch any of the feed materials.
COLLECTIBLE YARD WASTES
Grass, leaves and waste plant materials from vegetable and
flower gardens, lawns and yards, and brush. Dirt and sod are unacceptable.
CONSTRUCTION DEBRIS
Discarded building material, concrete, stones, earth from
excavations or grading and all other matter resulting from the erection,
repair or demolition of buildings, structures or other improvements
of property, tree parts over three inches in diameter. Wood waste
shall be separated from "construction and demolition debris."
CURBSIDE
Beside the paved public road of the roadway, in front of
a person's property, but not on the paved or traveled portion.
DEPARTMENT
The Town of Colonie Department of Public Works Division of
Environmental Services.
[Amended 11-20-1997 by L.L. No. 9-1997]
DISPOSAL FACILITY
Any solid waste management plant or site operated within
the Town of Colonie by (or on behalf of) the Town of Colonie.
DISPOSAL FEE
The fee charged by the Town of Colonie to receive and dispose
of solid waste at a disposal facility, which fee may be changed from
time to time by the Board.
DUMPS
See "disposal facility."
DUMPSTER
A container which is used for the temporary storage of solid
waste.
EQUIVALENT PUBLIC SERVICE
Actual participatory action by the person convicted of violating
this chapter. The public service so provided shall not imply employment
by the Town. The public service equivalent dollars per hour shall
be established by the Justice imposing equivalent public service as
the punishment.
GARBAGE
Kitchen and house refuse and table cleanings, fruit and vegetable
parings, decaying vegetable, animal and fruit matter and fallen fruit
and other putrescible solid waste, including animal and vegetable
waste resulting from the handling, selling, preparation, cooking or
storing of foods. Garbage originates primarily in home kitchens, stores,
markets, restaurants, cafeterias and other places where food is stored,
prepared or served. Garbage shall not include yard refuse.
GENERATOR
Any person whose act or process produces a solid waste or
whose act first causes solid waste to be subject to regulation.
GLASS
Empty, washed jars, bottles and containers of glass with
rings and caps removed. This term may exclude ceramic ware, auto glass,
mirrors, kitchen ware, window glass and stained glass.
HAULER
Any person who removes solid waste or recyclable materials
from a person's property, residence or business, for or not for a
fee, with the generator's consent or knowledge.
HAZARDOUS SUBSTANCE
Any material, natural or manufactured, which by itself or
in conjunction with other like or dissimilar material will contaminate,
to environmentally unsafe levels, the atmosphere, soil or water, whether
above or below the ground, or poses a health risk from improper handling,
disposal or discard of the same.
HOUSEHOLD BATTERIES
Includes lantern cells, AAA, AA, A, B, C and D size 1.5-volt
cells, 9-volt cells and button-type cells used for electronic instruments
such as cameras, watches and hearing aids.
LANDFILL
A solid waste disposal facility which is permitted under
6 NYCRR 360 to accept solid wastes for disposal.
LARGE HOUSEHOLD FURNISHINGS
Large and/or bulky articles used in the home and which equip
it for living, including but not limited to chairs, sofas, tables,
beds, mattresses and carpets.
LAW
The Town of Colonie Solid Waste Management Law.
LIGHT BRUSH, GRASS AND LEAVES
Yard wastes resulting from lawn maintenance, shrub maintenance
or tree trimmings which are less than three inches in diameter and
less than four feet in length. Chipped wood, stump grinding or other
similar virgin wood wastes shall be accepted under this definition.
MAJOR APPLIANCES
A large and/or bulky household mechanism, including but without
limitation a refrigerator, washer, dryer, stove, etc., ordinarily
operated by gas or electric current.
MATERIALS RECYCLING FACILITY (MRF)
A building and/or site where solid wastes are brought into
for processing prior to the materials being reclaimed, reused or recycled;
recyclables handling and recovery facility.
METAL CANS
Empty ferrous, nonferrous and composite cans and containers
cleaned of any waste.
MINOR CONTAMINATION
The lowest level of contamination which does not reduce the
possibility of the materials from being reused, recycled or reclaimed
nor require the materials to be reduced in overall quality.
MIXED LOADS
Any loads of solid waste which are comprised of solid wastes
from generators which are located within the Town of Colonie and from
solid waste generators which are located outside of the Town of Colonie.
NEWSPAPERS
Newsprint and inserts which commonly accompany the Sunday
newspapers. It does not include glossy magazines, mail, telephone
books or other such materials.
NONRECYCLABLE GARBAGE
That solid waste component which cannot be currently reused
or recycled in an efficient or economical manner.
NONRESIDENCE
Any building or parcel of land not used as a residence or
a multiple residence, as defined in this section.
OILY DIRT
Native soil contaminated with virgin oil or gas product and
which contains no free liquid.
PERSON
Any individual, partnership, association, firm, corporation
or any and all combinations of individuals acting in concert.
PLASTICS
Items manufactured from man-made thermoplastic polymers.
The actual kinds of polymeric compounds and/or items and their preparation
shall be set by regulation.
PRIVATE RESIDENCE
A one-family living unit which includes a single-family home
or trailer, or an apartment, a townhouse or a condominium unit.
PROCESSING FACILITY
The steps used at a materials recycling facility in managing
a solid waste to prepare it to marketable quality for reuse, recycling
or reclamation or for transportation to a market for reuse, recycling
or reclamation.
RECYCLABLE MATERIALS
Any material designated, from time to time, which, under
any applicable law or regulation, is not hazardous and which is separated
from the waste stream and held for its material recycling or reuse
value. It shall mean those items which are marketable and which may
include but not be limited to metal cans, glass, scrap metal, discarded
newspapers, magazines, cardboard, flat paper, plastic, yard waste,
engine oil, tires and vehicle batteries. Recyclables do not include
recyclable materials which in their existing form are contaminated.
RECYCLERS
Those persons who deal with recyclable material as collectors,
separators and/or marketers. This definition includes not-for-profit
corporations and charitable corporations which collect recyclables
for fundraising purposes.
REFUSE
The garbage, rubbish, recyclable materials and collectible
yard wastes resulting from the normal day-to-day operation of a household,
a business, commercial or industrial establishment or a public or
quasi-public facility. Refuse does not include rubble, bulk items,
industrial waste, automobile or other motor vehicle tires or any other
material not covered under this definition.
REGULATION
Any action or interpretation by the Board permitted by this
chapter.
RESIDENCE
A building or parcel of land having three or fewer dwelling
units.
RESIDENT
A person residing in a residence.
RUBBISH
A.
Any paper, plastic, cardboard or other material
used to wrap, cover or contain food, other than certain metal HDPE
or glass containers defined in this section as "recyclable materials,"
and any other household waste resulting from the use, consumption
and preparation of food.
B.
Metal (other than pure aluminum, copper, stainless
steel or brass).
C.
Miscellaneous waste material, including rags,
drugs, health aids and materials, sweepings, excelsior, rubber, leather,
cloth, clothing, magazines, paper (other than newspapers), waste materials
from normal maintenance and repair activities, pasteboard, crockery,
shells, dirt, filth, ashes, wood, glass (other than certain glass
bottles, jugs and jars defined in this section as "recyclable wastes"),
brick and any other similar waste material. Rubbish does not include
recyclable materials, bulk items, rubble or any other material not
covered under this definition.
SCRAP METAL
Any metal item other than a major appliance. "Scrap metal"
shall include ferrous and nonferrous metals such as pipes, tubing,
motors and sheet metal. This term does not include insulated wire,
but includes uninsulated wire. This term does not include junked vehicles,
but does include metal vehicle parts. This term includes items powered
by small motors, such as rototillers and lawn mowers.
SOLID WASTE
Materials or substances which are discarded or rejected by
the owner at the time of such discard or rejection and shall include
garbage, yard waste, recyclable rubbish, household hazardous waste,
major appliances, large household furnishings and nonrecyclable rubbish
generated by any person. The term shall not include sewage, sludge
or water-diluted material.
SOLID WASTE COLLECTION VEHICLE
Any mobile unit of equipment which contains solid waste and
is used to convey and/or temporarily contain solid waste after the
point of generation and prior to the disposal of the solid waste.
SOLID WASTE MANAGEMENT FACILITY
Any facility employed beyond the initial solid waste collection
process and managing solid waste, including, but not limited to: storage
areas or facilities; transfer stations; rail-haul or barge-haul facilities;
landfills; disposal facilities; solid waste incinerators; refuse-derived
fuel processing facilities; pyrolysis facilities; construction and
demolition debris processing facilities; land application facilities;
composting facilities; surface impoundments; used oil storage, reprocessing,
and rerefining facilities; recyclables handling and recovery facilities;
waste tire storage facilities; and regulated medical waste treatment
facilities. The term includes all structures, appurtenances, and improvements
on the land used for the management or disposal of solid waste.
[Added 2-16-2006 by L.L. No. 6-2006]
SOLID WASTE SERVICES
The handling, removal, storage or disposal of solid waste,
including but not limited to placing or removing containers for solid
waste on or from sites within the Town transporting solid waste from
or to any location within the Town.
SOME CONTAMINATION
A level of contamination which reduces the overall quality
of the materials to a lower grade or constrains the materials from
being readily processed to marketable grade by a materials recycling
facility.
SOURCE SEPARATION
The segregation of recyclable materials from solid waste
at the point of generation for separate collection, sale or other
disposition.
SUBSTANTIAL CONTAMINATION
A level of contamination which reduces the overall quality
of the materials to a quality where more than 20% of the materials
are reject wastes or constrains the processing of the materials to
a quality which cannot be mitigated by a materials recycling facility.
SUBSTANTIAL CONTAMINATION - REJECT LOAD
A level of contamination which reduces the overall quality
of the materials to a quality where it is not feasible to process
the materials to a marketable quality by a materials recycling facility.
TIRES
Tires from cars, trucks or other motor vehicles and their
casings, but shall not include rims.
TOWN
The Town of Colonie.
TRANSFER CONTAINER
A metal roll-off box or a compartment in a truck or trailer
used for curbside pickup of solid waste.
TRANSFER STATION/RECYCLING CENTER
Any combination of structure, machinery and facilities used
for the off-loading of solid waste from collection vehicles, the recovery
of recyclables from said solid waste and the reloading of nonrecyclable
solid waste into vehicles for disposal.
WASTE OIL
The crankcase oil drainings from internal combustion engines
which has not been mixed with or contaminated by materials which would
make the oil a hazardous waste.
WOOD AND BRUSH
All untreated wood materials, stumps, limbs and branches
larger than three inches in diameter or longer than four feet in length,
railroad ties, telephone poles or similar materials.
WOOD WASTE
Trees, tree branches with any leaves larger than three inches
in diameter or four feet in length, limbs, pallets, miscellaneous
lumber and discarded broken wooden furniture. Nails may be left in
wood but hardware and large metal items shall be removed. This term
shall not include chemically preserved wood, which shall be considered
construction and demolition debris.
YARD WASTE
Grass clippings, leaves, cuttings and other debris from shrubs,
hedges, tree branches less than three inches in diameter and four
feet in length, and other vegetation. Garbage, recyclable material,
construction and demolition debris, sod or soil shall not be construed
to include yard waste.