City of Lackawanna, NY Chapter 190 Solid Waste

[HISTORY: Adopted by the City Council of the City of Lackawanna 11-7-2013.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance superseded former Ch. 190, Solid Waste, consisting of Art. I, Garbage and Refuse, adopted 12-7-1987 as Ch. 70, Art. IV, of the 1987 Code, as amended; Art. II, Dumps, adopted 12-7-1987 as Ch. 70, Art. II, of the 1987 Code, as amended; and Art. III, Recycling, adopted 8-10-1992 by L.L. No. 2-1992.

§ 190-1 Definitions.

A. As used in this chapter, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:

BRUSH

Cuttings from shrubs, hedges and trees which are less than four inches in diameter.

BULK ITEMS

Bulk items shall include large household furnishings, major appliances, small appliances and other items which are too large or heavy to be placed in a tote or recycling container.

CONSTRUCTION DEBRIS

Discarded building material, concrete, stones, earth from excavations or grading and all other refuse matter resulting from the erection, repair or demolition of buildings, structures or other improvements of property.

DUMPING

The throwing, depositing or burning of solid waste in or upon any public highway, street or other public place.

DUMPSTER

A large metal trash, garbage, rubbish or refuse bin of a kind that is privately owned, emptied or transported to a dump by a specifically equipped truck.

GARBAGE

Every accumulation of animal, fruit or vegetable matter that attends the preparation, use, cooking and dealing in or storage of meats, fish, fowl, fruits or vegetables and any other matter of any nature whatsoever, which is subject to decay, putrefaction and the generation of noxious or offensive gases or odors.

LARGE HOUSEHOLD FURNISHINGS

Large and/or other bulky articles actually used in the home and which equip it for living, such as chairs, sofas, tables, carpets, mattresses and box springs, but excluding major appliances.

MAJOR APPLIANCES

A large household mechanism, such as a refrigerator, washer, dryer, stove, etc., ordinarily operated by gas or electric current.

NONRECYCLABLE RUBBISH

Waste material discarded as useless or worthless trash, including but not limited to rags, sweepings, rubber, leather, crockery, shells, clothing and straw.

RECYCLABLE CONTAINER

A rigid plastic container, or bin, provided to the residents by the City of Lackawanna An open-topped metal or rigid plastic container with drainage holes not exceeding 40 pounds in weight when filled.

RECYCLABLE RUBBISH

Rinsed food containers, such as metal cans, glass and plastic food containers; newspaper, magazines, cardboard and flat paper; and plastic materials and bottles with metal rings and tops removed.

SOLID WASTE

Includes but shall not be limited to garbage, nonrecyclable rubbish, recyclable rubbish, construction debris, major appliances, large household furnishings, brush and tree parts, grass and leaves.

TOTE

A City-authorized container of a capacity of 95 gallons for the storage and collection of garbage and nonrecyclable refuse and rubbish.

TREE PARTS

Cuttings from shrubs, hedges and trees which are more than four inches in diameter.

YARD WASTE

Grass clippings, leaves, flowers and vegetable trimmings.

B. None of the terms defined in this section shall be deemed or construed to include vehicular tires, tire casings, oil or batteries.

§ 190-2 Separation and preparation of solid waste for collections.

A. Each person who places any item at the curb for collection and disposal by the City of Lackawanna shall separate nonrecyclable rubbish from recyclable rubbish and such person shall prepare the same for collection and disposal in accordance with this chapter.

B. Totes conforming to the specifications of this chapter shall be used when storing or placing garbage and nonrecyclable rubbish at the premises where it was generated for collection by the City of Lackawanna. When filled, a tote shall not exceed 150 pounds in weight.

C. Recyclable material must be placed in a separate suitable recycling container provided by the City or bundled as follows:

(1) Newspapers, boxboard and junk mail shall be placed in a recycling container or placed in paper bags. None of these items shall be placed in plastic bags.

(2) Corrugated cardboard, including boxes, shall be disassembled, flattened and bundled. Bundles shall not be bigger than three feet by three feet square.

(3) Cans, glass containers and plastic containers shall be rinsed of original contents.

D. No materials other than recyclable material prepared in accordance with this chapter shall be placed in a recycling container.

E. Recycling material shall be placed in an approved, clearly marked recyclable container or clear plastic bag in a separate area from garbage and nonrecyclable refuse and rubbish.

F. All brush and tree parts generated by the individual activity or efforts of the owner or occupant of the premises shall be tied with string or twine in bundles not to exceed 48 inches in length and 12 inches in diameter and weighing no more than 40 pounds. The City shall collect and dispose of branch and tree parts only between April 1 and October 15.

G. Major appliances, small appliances, large household furnishings and air conditioners.

(1) Major appliances or large household furnishings may be placed for collection on the scheduled collection day for bulk items.

(2) It shall be unlawful for any person to discard or place any refrigerator or freeze: in a public right-of-way for collection unless the door of the refrigerator or freezer has been removed.

(3) It shall be unlawful for any person to discard or place any small appliance, which has been fully manufactured, charged and hermetically sealed in a factory with five pounds or less of refrigerant in a public right-of-way for collection unless the refrigerant has been properly removed and documentation is attached to the unit stating that the refrigerant has been removed. For purposes of this section, the term "small appliance" shall include but not be limited to refrigerators and freezers designed for home use, room air conditioners, packaged terminal heat pumps, dehumidifiers, and under-the-counter ice makers, vending machines, motor vehicle air conditioners and drinking water coolers.

(4) No more than five bulk items shall be placed for collection and accepted by the City.

[Added 5-19-2014]

H. Grass clippings and yard waste shall not be placed in a tote but shall be placed in an open galvanized or plastic can or receptacle. Grass shall not be mixed with garbage, rubbish or recyclables.

I. Solid waste shall not be placed on any public street or on any premises unless the same is in a tote or is bundled as required by this section.

J. Protruding nails and other sharp objects, including glass that may inflict bodily harm to personnel or residents of the City of Lackawanna, shall be removed from all solid waste prior to being deposited in containers or bundled for collection.

K. The City shall collect no more than three bundles of wood. Wood shall be tied with string or twine in bundles not to exceed 48 inches in length and 12 inches in diameter and weigh no more than 40 pounds.

[Added 5-19-2014]

L. The City shall not collect more than one cubic yard of debris.

[Added 5-19-2014]

§ 190-3 Containers and storage.

A. Totes.

[Amended 3-18-2014]

(1) The City shall provide and assign to each single-family residential unit one tote (but no more than two totes per building/structure). Residents may obtain additional totes from the City at a cost to be determined by the Commissioner of Public Works.

(2) No single-family residential unit shall have more than two totes. Totes shall be used for the collection, storage and disposal of all garbage and nonrecyclable refuse and rubbish that may accumulate or be produced by them. All totes shall be owned by the City. Any tote assigned to a residential unit shall remain at that residential unit and shall not be removed from said unit. In the event that a tote assigned to a residential unit is lost, damaged, destroyed or missing, the property owner shall be responsible for the replacement cost for said tote.

B. Garbage and nonrecyclable refuse and rubbish shall be placed in sealed garbage bags, prior to being stored in totes. A tote which contains garbage or nonrecyclable refuse and rubbish, which is not in sealed garbage bags, shall not be collected by the City and the owner, lessee, occupants or any person having the care and control of the lot or land shall be charged with a violation of this section. Garbage and nonrecyclable refuse and rubbish shall be stored in totes with lids completely closed. No tote shall exceed 150 pounds in weight when filled.

[Amended 9-23-2019]

C. All totes shall be maintained in good condition. All reusable refuse containers and totes shall be kept as sanitary as possible in view of the use to which they are put and shall be thoroughly cleaned by the owner or occupant of the premises after garbage is removed by the collector. Except when placed at the curbline for collection, all totes shall be stored on the property producing the solid waste. All totes shall be stored outside public view at the rear of the premises. If it is not possible to store totes at the rear of the premises, the owner or occupant shall obtain written approval of the proposed storage site from the Commissioner of Public Works.

§ 190-4 Collection generally.

A. The Department of Public Works shall designate the days and times for the removal of all waste from public roads, streets, highways and alleys in the City. The Department of Public Works shall designate three weeks a year for the collection of bulk items. The Department of Public Works shall collect bulk items for a fee of $50, per item, when collecting said bulk item on any date other than those dates designated by the Department for bulk item pickup. The property owner or resident must give 48 hours' notice to the Commissioner of Public Works.

[Amended 3-18-2014]

B. The City of Lackawanna shall provide for the collection and disposal of all recyclable rubbish, as well as for the collection and disposal of up to a maximum of two totes per week.

C. The City of Lackawanna will collect cut grass, brush and tree parts produced by residents, provided that such cut grass, brush and tree parts were generated at the site upon which they are placed for collection and they are placed for disposal in accordance with the provisions of this chapter.

D. The City hereby assumes no responsibility to collect, and no person shall place in a public right-of-way, waste material not separated and prepared pursuant to the provisions of this chapter.

E. The City shall have no obligation to pick up and remove any solid waste which was not produced within the confines of the City of Lackawanna.

F. Ownership of rubbish which has been placed at the curb for collection in accordance with this chapter shall vest in the City of Lackawanna. It shall be unlawful and a violation of this chapter for any person without authority from the City to collect, pick up, remove or cause to be collected, picked up or removed any rubbish. Each such collection pickup or removal of rubbish from one or more premises shall constitute a separate and distinct offense in violation of this chapter.

G. The fact that waste material is in a public right-of-way shall be rebuttable prima facie evidence that such material was placed there by the owner of the property abutting that public right-of-way.

H. Any scavenging, rummaging into or picking discarded articles or materials out of solid waste totes, containers or recycling bins by persons other than the owner or occupant of the premises, authorized City employees or City contractors is hereby prohibited and shall constitute a violation of this chapter.

[Amended 7-17-2018]

§ 190-5 Prohibited deposits or accumulations.

A. No person shall allow, permit or cause to exist any unsanitary or filthy condition in or about any premises owned, used or occupied by said person. Any unauthorized accumulation of solid waste on any premises is hereby declared to be a nuisance and is prohibited.

B. No person shall cart to, dump, burn, deposit or otherwise dispose of or cause to be carted, dumped, burned, deposited or otherwise disposed of any solid waste upon any public highway, street or other public place, any private property or the City garage, except as provided in this chapter or under the authorization, supervision and direction of the Commissioner of Public Works.

C. The City shall not collect or allow to be collected dangerous, hazardous or chemically toxic wastes, including but not limited to the following:

(1) Dangerous wastes: wastes that represent an immediate threat to the safety of employees of the City and/or the general public, including but not limited to waste with jagged or protruding objects, broken glass or nails.

(2) Hazardous wastes, as defined in the Environmental Conservation Law and regulations pursuant thereto, including but not limited to:

(a) Ignitable wastes, such as paint thinners, solvent-based cleaners, degreasers (e.g., acetone, xylene) and gasoline.

(b) Corrosive wastes, such as containers of battery acid or metal-cleaning bath sludges (e.g., sodium hydroxide or sulfuric or hydrochloric acid).

(c) Reactive wastes, such as cyanide metal-plating sludges or any waste that will react violently with water or which generates toxic gases, vapors or fumes (e.g., sodium metal).

(d) EP toxicity test wastes which produce an extract containing contaminants such as arsenic, lead, chromium, silver or herbicides; or industrial process wastes, contaminated soil from a spill or other solids containing any of the metals or organic materials in excess of the concentrations listed in state law and regulations.

(e) Toxic wastes, such as sludges from solvent recovery, solvents and the industry-specific wastes listed in the regulations of the Commissioner of the State Department of Environmental Conservation.

(f) Medical waste. Any infectious medical waste, subject to the provisions of the Health Law classified as infectious waste.

(g) Oil-based, alkalyd-based, latex or enamel-based paint. Empty, dry paint containers are permissible.

D. Dangerous, hazardous or chemically toxic wastes shall be disposed of by their owner or producer in compliance with current regulations of the State Department of Environmental Conservation.

E. Vehicular tires and tire casings will not be picked up or removed by the City or agency thereof.

F. Waste oil. The City shall not collect waste motor oil, transmission fluids or any other petroleum oils or fluids used for mechanical purposes and otherwise. There shall be no discharge of any oil into any waterway or drainage system. All items of this type must be properly disposed of by the resident producing the item.

G. Batteries. Lead-acid batteries shall not be placed in any waste container.

H. The City shall not collect televisions, computers, monitors or other electronic devices.

[Added 5-19-2014]

I. The City shall not collect any fencing, sheds or decks.

[Added 5-19-2014]

§ 190-6 Owner responsibility.

A. The owner of the premises where the solid waste is generated shall be responsible for ensuring compliance with the provisions of this chapter.

B. It shall be the duty of every person, owner or occupant of every property within the City of Lackawanna to keep such buildings free and clear of all kinds of solid waste and to keep sidewalks and yard areas clean.

C. Solid waste to be collected by the City of Lackawanna shall be placed for collection no earlier than 6:00 p.m. on the day before the collection day.

[Added 11-6-2017]

D. All totes and other solid waste containers shall be removed from the public right-of-way or other place of collection no later than 7:00 p.m. of the designated collection day.

[Added 11-6-2017]

§ 190-7 Waste generated by contractors, home construction and demolition.

A. Brush and tree parts. All brush and tree parts removed by commercial contractors must be removed from premises by the contractor. Such brush and tree parts may not be placed within a public right-of-way, except temporarily if necessary in the course of the work which produced the brush and tree parts.

B. Construction and demolition debris. All construction and demolition debris produced by a commercial contractor, builder, owner or occupant must be removed from the premises by the contractor, builder, owner or occupant. Such debris may not be placed within a public right-of-way, except temporarily if necessary in the course of the work which produced such debris.

C. Grass clippings and sod. All grass clippings and sod generated by commercial lawn care contractors, pool installers, fence contractors or any other type of contractor must be removed from the premises by the contractor. Such grass clippings and sod may not be placed within a public right-of-way, except temporarily if necessary in the course of the work which produced the grass clippings and sod.

§ 190-8 Removal of uncollected solid waste.

Where the City has not collected waste material because it was not placed or prepared in accordance with the provisions of this chapter, the person who placed it for collection and the owner of the real property whereon the waste material was generated shall remove such material as soon as possible after the City or the designated contractor has refused collection, and in any event by 7:00 p.m. of the designated collection day. The failure to remove any such material by 7:00 p.m. of the designated collection day shall constitute a violation of this chapter.

§ 190-9 Special provisions.

A. Christmas trees. Holiday trees may be placed at the curb for collection during the months of December and January without being cut and placed as otherwise required in this chapter.

B. Leaves. During the months of October and November when the volume of leaves makes it impractical to place them in containers, leaves may be placed in piles at the curb and shall be placed on the paved portion of the street on the normal collection days.

C. Burning garbage. No person shall ignite or burn any garbage within the City, unless such garbage is placed in an incinerator constructed for such purpose and properly installed and equipped in conformity with all laws, rules and regulations pertaining thereto.

§ 190-10 Collection license; fee; manner of transporting garbage.

A. License required. It shall be unlawful for any person to gather, collect or transport garbage within the limits of the City unless such person has first obtained a license to do so from the City Clerk.

B. Fee. The fee for such license shall be as determined by the Council.

C. Approval required. No license shall be issued under the provisions of this section unless approval has first been obtained from the Council.

D. Manner of transporting garbage. Any person granted a license under the provisions of this section shall transport garbage in such manner as specified by the Commissioner of Public Works.

§ 190-11 Business, houses of worship and other entities.

A. The City will provide and assign to each business or commercial establishment one tote but no more than two totes per building/structure, except as provided in this section. A business may purchase additional totes from the City; provided, however, that no business or commercial establishment shall have more than two totes, except as provided in Subsection C of this section.

B. The City shall provide for the collection and disposal of solid waste for a business or commercial establishment up to a maximum of two totes.

C. Any business that exceeds 300 pounds of solid waste (i.e., two totes) shall be required to obtain and maintain a dumpster on the premises and/or retain a private garbage collection service. In the event that a dumpster cannot be placed on the premises of the business, the owner, occupant, or manager of the premises shall make an application to the Commissioner of Public Works for permission to purchase additional totes that the City would collect and dispose of for a fee to be determined by the Commissioner of Public Works, up to a maximum of four totes.

D. The City shall not provide for the collection and disposal of solid waste for any house of worship, group home, nonprofit organization or private school or clubs. Any such entity shall be required to have a dumpster on the premises and/or retain a private garbage collection service.

E. Notwithstanding any other provisions in this chapter, the City shall not provide for the collection and disposal of solid waste for any multiple dwellings exceeding six residential units. Such multiple dwellings shall obtain and maintain a dumpster on the premises and/or retain a private garbage collection service.

F. The City shall provide for the collection and disposal of solid waste for multiple dwellings with six or fewer residential units up to a maximum of four totes.

G. The City will not collect or pick up any dumpster or dumpsters, regardless of its size or location anywhere in the City.

H. In the event that a tote assigned to a business, commercial establishment or multiple dwelling is lost, damaged, destroyed or missing, the property owner shall be responsible for the replacement cost for said tote.

§ 190-12 Accumulated waste; notice to correct; removal by City; costs.

A. It shall be unlawful for any person, firm or corporation to maintain or use any plot or parcel of land in the City as a dump or a place for the reception of and disposition of waste materials, garbage, rubbish or refuse as defined in this chapter. It shall be the duty of every owner, lessee or occupant of any such plot or parcel of land to remove or cause to be removed from the premises any uncontained exterior accumulation of such materials described herein within 48 hours of the notice of noncompliance from the City.

B. Noncompliance; notice to correct. If the provisions of this section are not complied with, the Director of Development shall cause to be served, either personally or by regular, certified or registered mail, a written notice upon the owner, lessee or occupants or any person having the care or control of such lot or land to comply with the provisions of Subsections A and C. If service by mail, such notice is sufficient if mailed to the last known address of the owner, occupant or agent, as listed in the records of the City Treasurer.

C. Performance of work by City. If the person upon whom the notice provided for in Subsection B is served neglects or refuses to remove or cause to be removed such garbage, rubbish, refuse or wastes within five days after receipt of such notice or if no person can be found in the City who either is or claims to be the owner of such lot or land or who either represents or claims to represent such owner, the Department of Public Works shall cause such garbage, rubbish, refuse or wastes to be removed.

D. Collection of costs by City. The actual cost to the City for removing any such accumulated wastes as provided in this chapter, plus $125 for inspection and any other additional costs incurred in connection with its enforcement herewith, shall be certified by the Department of Public Works to the City Treasurer and shall thereupon become and be a lien upon the property on which any such accumulated wastes as provided in this chapter were located and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lot or land and shall bear interest at the same rate as taxes and shall be collected and enforced in the same manner as general City taxes.

E. Penalties for offenses. The penalties for violations of the provisions of this chapter shall be as follows:

(1) A fine of $25 for the first violation.

(2) A fine of $50 for the second violation.

(3) A fine of $100 for the third violation.

(4) In the event of succeeding and continuing violations(s) of this chapter, any person who shall be convicted of violating or failing to comply with the provisions of this chapter be punished by a fine of not more than $250 or imprisonment for not exceeding 15 days, or both such fine and imprisonment. The continuation of such violation(s) for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of a violation shall be punishable as above for each separate offense.

(5) Notwithstanding the penalties set forth above, unauthorized dumping shall be punishable by a mandatory fine of $1,000.

§ 190-13 (Reserved)