Town of Evans, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Evans as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Beaches — See Ch. 64.
Fees — See Ch. 106.
Abandoned vehicles — See Ch. 190.
[Adopted 8-19-1992 by L.L. No. 6-1992]

§ 168-1 Title.

This article shall be known as the "Solid Waste Law of the Town of Evans."

§ 168-2 Legislative determinations.

The Town Board of the Town of Evans has determined that:
A. 
The reduction, reuse, recycling and proper disposal of solid waste are important public concerns and will benefit public health, safety and welfare and aid in preservation of the environment.
B. 
The Solid Waste Management Act of 1988 mandates the adoption of a source separation law by each municipality within New York State by September 1, 1992.
C. 
The program established hereunder for the separation, preparation, collection and disposal of solid waste shall be under the supervision of the Town Board of the Town of Evans, directly or through its designated agencies or representatives, as determined by the Town Board.

§ 168-3 Definitions.

The following words and phrases used throughout this article shall have the following meanings:
COLLECTION SITE
The spot or area, curbside or otherwise, specified as the site for placement of solid waste which has been prepared for collection. The Town Board may prescribe standards for designating and maintaining a "collection site" by rule, regulation or order, as it deems appropriate.
A. 
Those items of solid waste, excluding recyclable waste and special solid waste, as defined herein, designated by the Town Board as eligible for curbside pickup. "Nonrecyclable waste" includes, but is not limited to:
(1) 
Garbage: putrescible solid waste, including animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking and serving of foods.
(2) 
Rubbish: rags, sweepings, excelsior, rubber (other than vehicular tires), leather, crockery, shells, clothing, straw, dirt, filth, wastepaper and waste glass not meeting the definition and/or specifications for recyclable waste and similar waste materials.
B. 
The above list may be modified by rule, regulation or order of the Town Board, as the need arises.
NONRESIDENTIAL GENERATOR
Any person who generates solid waste in the Town of Evans and who is not a residential generator, as defined herein.
PERSON
Any individual, natural person, firm, partnership, association, corporation, institution or other entity.
PRIVATE COLLECTOR(S)
A person, firm, partnership, corporation or other legal entity providing services for the collection, transportation and/or disposal of solid waste, duly licensed by the Town of Evans pursuant to this article.
RECYCLABLE WASTE
Those materials designated by the Town Board as requiring separation from all other solid waste at the source of generation. They include, but are not limited to, corrugated cardboard, high-grade paper, newspapers, magazines, aluminum and metal beverage containers, clear glass bottles and jars and plastic containers designated No. 1 and No. 2 on their recycling codes. The above list of materials may be modified by rule, regulation or order of the Town Board, as the need arises.
RESIDENTIAL GENERATOR
Any person, including a lessee or other person in possession, who generates solid waste on or at a site or parcel which is a part of the Town of Evans Garbage District.
SOLID WASTE
All putrescible and nonputrescible materials that have been discarded or rejected, including but not limited to recyclable, nonrecyclable and special solid waste, as defined herein, garbage, refuse and rubbish resulting from residential, commercial, industrial and community activities. Not included are hazardous wastes as identified and defined by the New York State Department of Environmental Conservation.
SPECIAL SOLID WASTE
All other solid waste or other waste materials not identified or treated as either recyclable waste or nonrecyclable waste herein, including but not limited to:
A. 
Major appliances: stoves, refrigerators, dishwashers, dryers, washing machines, sinks, toilets and other similar large appliances.
B. 
Large household furnishings: all other large and/or bulky articles actually used in the home and which equip it for living, such as chairs, sofas, tables, beds, carpets and similar items.
C. 
Green waste: leaves, grass clippings from lawns, flowers or gardens, brush and cuttings from shrubs, hedges and trees which are not reused or composted but are intended for disposal as part of the waste stream.
D. 
Construction and demolition debris: discarded building materials, concrete, stones, waste earth from excavations or grading and all other refuse matter resulting from the erection, repair, remodeling or demolition of buildings, structures or other improvements of property.
E. 
Vehicular tires or tire casings, batteries, motor oil, paint and containers for the same.
F. 
Hazardous waste: as defined in the New York State Environmental Conservation Law, Article 27, and also including, but not limited to, low-level radioactive waste and special nuclear or by-product material as defined by Article 29 of the Environmental Conservation Law and the United States Atomic Energy Act of 1954, respectively.
SUITABLE CONTAINER(S)
Such container as shall, from time to time, be designated as acceptable for the collection of recyclable waste, nonrecyclable waste or special solid waste for residential generators by resolution of the Town Board and for nonresidential generators by their private collectors, in compliance with this article.

§ 168-4 Source separation of solid waste.

A. 
No person shall prepare solid waste for collection and disposal except as provided herein:
(1) 
Recyclable waste shall be separated from other solid waste at the point of waste generation.
(2) 
Recyclable waste from residential generators shall be separated from other solid waste and placed in one or more suitable containers for curbside collection, prepared for collection in such manner as may be required by rule, regulation or order of the Town Board.
(3) 
Recyclable waste from nonresidential generators shall be separated from other solid waste and placed in one or more suitable containers for collection, prepared for collection in such manner as may be specified by their private collector(s). All such specifications from private collectors shall comply, in all respects, with the purpose, intent and requirements of this article.
(4) 
Nonrecyclable waste from residential generators shall be separated from other solid waste and placed in suitable containers for curbside collection, in such allowable quantities and prepared for collection in such manner as may be required by rule, regulation or order of the Town Board.
(5) 
Nonrecyclable waste from nonresidential generators shall be separated from other solid waste and placed in suitable containers and prepared for collection in such manner as may be specified by their private collector(s). All such specifications from private collectors shall comply, in all respects, with the purpose, intent and requirements of this article.
(6) 
Recyclable waste and nonrecyclable waste shall not be commingled with each other or with other solid waste at any point during its preparation for collection, and it shall be a violation of this article for any person to prepare and set out for collection any can, container or bag containing solid waste which has not been separated and prepared as required herein.
B. 
Nothing herein shall prevent any person from making arrangements for the private sale or donation of recyclable or reusable goods, provided that such private sale or donation is undertaken in good faith and without the intention of circumventing the purpose, intent and requirements of this article.

§ 168-5 Compliance required.

It shall be a violation of this article for any person to collect, pick up, remove or dispose of or allow to be collected, picked up, removed or disposed of any solid waste within the Town of Evans except as provided in this article.

§ 168-6 Residential generators.

A. 
Recyclable and nonrecyclable waste from residential generators shall be collected and disposed of by the Town of Evans, or its authorized collector, in the manner and at the times and places as may be specified from time to time by rule, regulation or order of the Town Board.
B. 
No residential generator shall mix or cause to be mixed with his recyclable and/or nonrecyclable waste prepared for collection and disposal by the Town of Evans or its authorized collector any solid waste not generated by such residential generator within the Town of Evans.
C. 
Neither the Town of Evans nor its authorized collector shall have any obligation to collect, and shall not collect, any solid waste not prepared for collection in accordance with this article.
D. 
Recyclable waste placed at the curbside or other appropriate place for collection by the town, as provided herein, shall become the property of the Town of Evans upon placement at the collection site. No person who is not acting under authority of the Town of Evans or its authorized collector shall collect, pick up or remove or cause to be collected, picked up or removed any recyclable waste so placed for collection. Each unauthorized collection, pickup or removal shall constitute a separate violation of this article; provided, however, that where the Town has refused to collect certain recyclables because they have not been prepared and placed for collection in accordance with this article, the residential generator may and shall remove such recyclables from the collection site.
E. 
All other solid waste from residential generators, including but not limited to construction and demolition debris, major appliances, large household furnishings, tires and auto batteries and green waste, shall be collected and disposed of by private collectors, duly permitted by the Town under this article. The Town Board may, from time to time, authorize special collection and disposal programs for one or more of these items, on such terms and conditions as it may deem appropriate.

§ 168-7 Disposal on streets prohibited.

[Added 12-15-1993 by L.L. No. 13-1993]
No person, resident or nonresident, shall throw, deposit or dump or cause to be thrown any garbage, rubbish, solid waste or recyclable or nonrecyclable waste of any type on any public highway, street, roadside or land, whether developed or undeveloped, within the Town of Evans.

§ 168-8 Nonresidential generators.

All solid waste from nonresidential generators shall be collected and disposed of by licensed private collectors, in accordance with the requirements of this article.

§ 168-9 Solid waste collection license. [1]

A. 
No person shall collect, pick up or remove for disposal, for a fee, any solid waste from any residential or nonresidential generator in the Town of Evans without first obtaining a solid waste collection license (SWC license) from the Town Clerk.
B. 
The application for the SWC license shall be on such forms as are prescribed by rule, regulation or order of the Town Board. Each application shall be completed by the applicant or a duly authorized representative of the applicant, shall be accompanied by the appropriate fee and shall contain, at a minimum, the following:
(1) 
The name, business address and business telephone and facsimile number(s) of the private collector.
(2) 
A description of the specific types of solid waste to be collected and disposed of under the license.
(3) 
A description of the manner of collection and the location and method of disposal of the recyclable waste, nonrecyclable waste and other solid waste to be collected and disposed of under the license. (Applicants must provide a copy of their specifications to customers for preparation of solid waste for collection and disposal, and such specifications must comply with the requirements of this article.)
(4) 
A sworn statement that the applicant will not accept for disposal any solid waste which has not been prepared for collection and disposal as required by this article and acknowledging that the issuance of this license is conditioned upon its collection and disposal operations conforming, in all respects, to the purpose, intent and requirements of this article.
C. 
Subject to the requirements of this section, the SWC license shall be issued by the Town Clerk upon completion of the application and payment of the appropriate fee and shall be valid for one calendar year, expiring on December 31 of each year unless earlier suspended or terminated as provided for herein. The fee shall be established by resolution of the Town Board on an annual basis.
[Amended 12-15-1993 by L.L. No. 13-1993]
D. 
The SWC license shall require each licensed collector to maintain separate monthly records showing certain information regarding collection and disposal from generators within the Town of Evans. Such records shall specify the type and number of generators serviced, the quantity of recyclable, nonrecyclable and other solid waste collected and the location and manner of disposal, by tonnage. Such record(s) shall be delivered to the Town Clerk quarterly.
E. 
All licensed collectors shall indemnify and hold harmless the Town of Evans for any pending, threatened or actual claims, liability or expenses arising from collection and/or disposal of solid waste by the licensed collector in violation of this article.
F. 
Failure of the private collector to comply with all of the above requirements and all requirements of this article shall constitute grounds for suspending or terminating said collector's license or for denying the issuance of said collector's license.
G. 
Written notice shall be given to the private collector of the reason for any SWC license denial, suspension and/or termination, and such private collector shall be entitled to demand, within 10 days of its receipt of such written notice, a hearing before the Town Board on the issue. Such hearing shall be held within 10 days of the receipt by the Town of the demand for such hearing, and written notice of the Town Board's decision shall be given to the private collector no later than 10 days after such hearing.
[1]
Editor's Note: This section was provided with an effective date of 1-1-1993.

§ 168-10 Promulgation of rules, regulations and orders.

The Town Board is hereby authorized to promulgate such rules, regulations and orders as it may deem reasonable and necessary to carry out the intent and purpose of this article. Such rules, regulations and orders shall be adopted by Town Board resolution, but only after holding a public hearing, notice of which has been published in the same manner prescribed for adoption of a local law.

§ 168-11 Enforcement.

Enforcement of this article will be maintained by any police officer, code enforcement officer or any other person or persons duly designated by the Town Board of the Town of Evans.

§ 168-12 Penalties for offenses.

[Amended 5-3-1995 by L.L. No. 8-1995]
A. 
Each and every violation of this article shall constitute a separate violation as defined in the Penal Law and shall be punishable as follows:
[Amended 9-7-2016 by L.L. No. 6-2016]
(1) 
A fine of $500 for the first violation.
(2) 
A fine of $750 for the second violation.
B. 
In the event of succeeding and continuing violations, any person and/or business who shall be convicted of violating or failing to comply with the provisions of this article shall be liable for a fine of $1,000 per day and/or 100 hours of community service per day of violation.
C. 
In addition to the above penalties, the Town Board may also maintain an action or proceeding to compel compliance with this article or to restrain, by injunction, the violation of said article.