Town of Webb, NY
Herkimer County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[HISTORY: Adopted by the Town Board of the Town of Webb 10-9-2001 by L.L. No. 3-2001; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Storage of junk — See Ch. 295.
Littering — See Ch. 320.
This chapter shall be known as the "Solid Waste Local Law."
The Town of Webb accepts the mandate of the County of Herkimer, the Oneida-Herkimer Solid Waste Management Authority and the State of New York to provide for the regular and reliable collection of solid waste and recyclable material and to participate in the integrated program for the appropriate disposal of such waste and materials consistent with the current laws and regulations.
This compulsory program is designed to dispose of all solid waste and/or recyclable material in an appropriate and acceptable manner. No person, persons or organizations will be exempt from participating in the program.
As used in this chapter, the following terms shall have the following meanings:
AUTHORITY
The Oneida-Herkimer Solid Waste Management Authority.
BOARD
The Town Board of the Town of Webb.
CONSTRUCTION AND DEMOLITION DEBRIS
Waste resulting from construction, remodeling, repair and demolition of structures, road building and land clearing. Such wastes are not limited to bricks, concrete, stones, road spoils, paving material, lumber, shingles, drywall, insulation material and tree and brush stumps.
COUNTY
The County of Herkimer.
GARBAGE
Putrescible waste, both animal and vegetable, resulting from the handling, storage, sale, preparation, cooking and/or serving of foods. Household garbage originates primarily in home kitchens, stores, markets, restaurants and other places where food is stored, prepared or served.
GREEN WASTE
Grass clippings, leaves, cuttings, weeds and other debris from tree and shrubbery trimming.
HAZARDOUS WASTES
Includes pesticides, pesticide residue and all containers containing the same, used motor oil, automobile batteries, paint, tar, and chemicals, waste, oil or other materials determined by the Authority or Superintendent to be hazardous.
INFECTIOUS WASTE
As defined in 6 NYCRR Part 360, as amended.
LARGE HOUSEHOLD FURNISHINGS
All other large and/or bulky articles used in the home and which equip it for living (such as chairs, sofas, tables, beds, carpets, etc.).
MAJOR APPLIANCES
Large and/or bulky household mechanisms (such as refrigerator, washer, dryer, stove, etc.) ordinarily operated by gas or electric current.
RECYCLABLE MATERIAL(S)
Any material which, under any applicable law, is not hazardous and which may be separated from the waste stream and held for its material recycling or reuse value.
RECYCLABLES
Any material designated, from time to time, by the county or the Authority pursuant to contract with the county 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.
SOLID WASTE
All putrescible and nonputrescible solid wastes, including, but not limited to, material or substances discarded or rejected as being spent, useless, worthless, or in excess to the owners at the time of such discard or rejection or being accumulated, stored or physically, chemically or biologically treated prior to being discarded or rejected, having served their intended use, or as manufacturing by-products, including, but not limited to, garbage, refuse, industrial, commercial and agricultural waste, sludge from air or water pollution control facilities or water supply treatment facilities, rubbish, demolition and construction debris 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,[1] as amended, or waste which appears on the list or satisfies the characteristics of hazardous waste promulgated by the Commissioner of Environmental Conservation.
SOURCE SEPARATION
The segregation of recyclable materials from the solid waste stream at the point of generation for separate collection, sale or other disposition.
SUPERINTENDENT
The Town of Webb Department of Public Works Superintendent.
VEHICULAR TIRES
Tires from cars and trucks, and their casings.
[1]
Editor's Note: See 42 U.S.C. § 2011 et seq.
No person shall dispose of garbage, rubbish, trash or recyclables, except pursuant to the following regulations:
A. 
All garbage, trash and refuse shall be placed in clear, transparent plastic bags, not exceeding 40 pounds in weight or 40 gallons in capacity.
B. 
Recyclable materials, as designated by the Authority, shall be separated in accordance with Authority regulations and be placed in recyclable bins approved by the Authority.
C. 
All garbage bags and recyclable bins shall be placed alongside the curb or roadside, not earlier than 6:00 a.m. on the morning of the scheduled pickup.
D. 
Prior to placing the bags or bins at the curb or roadside, all of the waste shall be source-separated and packaged in accordance with the regulations established by the Authority and the Superintendent.
E. 
All bags, bins, garbage and recyclable material not picked up or collected shall be removed from the curb or roadside area prior to 6:00 p.m. on the day of collection. The Town of Webb will not pick up unbagged garbage lying on the ground, whether or not caused by animals, birds or any other causes.
F. 
The Town of Webb will not pick up any unbagged garbage or recyclable material not in bins. Any garbage or debris left lying on the ground, whether caused by animals, birds or other cause, shall be the responsibility of the property owner.
A. 
Garbage and recyclable materials shall be collected at the curb or roadside once a week, according to a schedule to be established by the Superintendent.
B. 
Major appliances, large household furnishings and vehicular tires may be delivered to the transfer station operated by the Town of Webb on at least two days a year, as established by the Superintendent.
C. 
Construction and demolition debris shall be deemed the responsibility of the contractor or property owner and may be delivered to the Authority's material recovery facility in Utica, New York.
D. 
Green waste shall be deemed to be the responsibility of the contractor or property owner and may be delivered to the Authority's material recovery facility in Utica, New York.
E. 
No hazardous or infectious wastes or materials shall be collected by the Town.
The property owner or lessee of any property, with the permission of the Superintendent, may use a dumpster to collect or accumulate garbage, and the Town will collect the garbage from the dumpster upon the following conditions:
A. 
The property owner or lessee must source-separate as required by this chapter.
B. 
No dumpster shall be located in or on a public right-of-way. Dumpsters shall be set back a minimum of 20 feet from any road or right-of-way and a minimum of one foot from any property line.
C. 
Where possible, the dumpsters shall be enclosed by a solid fence, hedge, shrubbery or the like.
D. 
The property owner must maintain a minimum of three feet of clear space around the dumpster. Plowing and/or shoveling of snow around and on top of the dumpster is the responsibility of the owner, not the Town. Snow must be removed around the gates and enclosures so that there can be access to the dumpster.
E. 
The Board may require removal of any dumpster deemed to be unsightly, a public nuisance or not properly cleaned or maintained or a threat to public health on three days' notice to the users thereof.
A. 
No person shall place, throw or deposit, or cause to be placed, thrown or deposited, any garbage, solid waste, refuse, recyclables, papers, trash, hazardous or infectious waste or other material, the collection and disposal of which is regulated by this chapter, upon any sidewalk, street, alley, lane, gutter or any public ground in the Town of Webb or into any stream or upon the banks of any stream running through or adjacent to said Town.
B. 
No person shall place, throw or deposit, or cause to be placed, thrown or deposited, any garbage, solid waste, refuse, recyclables, papers, trash, hazardous or infectious waste or other material, the collection and disposal of which is regulated by this chapter, upon the private property of another person.
C. 
No person shall bury or burn, or cause to be buried or burned, any garbage, solid waste, refuse, recyclables, papers, trash, hazardous or infectious waste or other material, the collection and disposal of which is regulated by this chapter, within the Town limits, unless authorized to do so in writing by the appropriate public authorities.
D. 
No person shall bring in, place or deposit, or cause to be brought into, placed or deposited, in the Town any garbage, solid waste, refuse, recyclables, papers, trash, hazardous or infectious waste or other material, the collection and disposal of which is regulated by this chapter, originating outside the Town for the purpose of disposing of the same in the Town or for the purpose of having the same collected by the Town or its agents or contractors.
E. 
No person who is a resident of the Town, or owner, lessee or person in control of real property within the Town, shall permit any person to bring in, place or deposit garbage, solid waste, refuse, recyclables, papers, trash, hazardous or infectious waste or other material, the collection and disposable of which is regulated by this chapter, originating outside the Town on any real property owned or leased by him or her or under his or her control.
F. 
No person shall dispose of garbage or recyclables originating within the Town, except in accordance with the procedures set forth in this chapter, in front of the person's property where he or she resides, and no person shall dispose of any garbage, solid waste, refuse, recyclables, papers, trash, hazardous or infectious waste or other material, the collection and disposal of which is regulated by this chapter, on another's property, public property or in any public receptacle.
A. 
In the case of a single residence, it shall be presumed that the occupant or person in charge is responsible for compliance with this chapter.
B. 
In the case of commercial or industrial properties, it shall be presumed that the occupant or person in charge is responsible for compliance with this chapter.
C. 
In the case of multiple residences, it shall be presumed that the occupant or person in charge is responsible for compliance with this chapter.
A. 
Any person who shall violate any provision of this chapter shall be punished as follows:
(1) 
For conviction of a first violation, by a fine of not less than $100 nor more than $250 or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment;
(2) 
For conviction of a second violation, both of which were committed within a period of one year, by a fine of not less than $500 nor more than $1,000 or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment;
(3) 
For conviction of a third or subsequent violation, all of which were committed within a period of one year, by a fine of not less than $1,000 nor more than $2,000 or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment.
B. 
Each violation shall be a separate and distinct offense, and, in the case of a continuing violation, each day's continuance thereof shall be deemed a separate and distinct violation.