Town of Collins, NY
Erie 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.
Table of Contents
Table of Contents
A. 
No person shall permit any municipal solid waste to accumulate for a period of longer than seven days upon property owned or occupied by said person in the Town Special Refuse District.
B. 
All municipal solid waste accumulated within the Town Special Refuse District shall be collected and delivered to the Town transfer station, or shall be collected and disposed of by an authorized collector under contract with the municipality or a licensed private collector under private subscription and in accordance with the provisions of this article.
C. 
It shall be unlawful for any person to collect and dispose of any municipal solid waste within the Town of Collins except as provided in this article.
Municipal solid waste generated or originated within the Town Special Refuse District which has been left for collection or which is delivered by the generator of such waste to the Town transfer station shall be handled in the following manner:
A. 
Prior to initial collection or transport, source separation shall be required of each and every person or party discarding municipal solid waste and/or recyclable materials. Recyclable material shall not be commingled with other solid waste during collection, transportation or storage following collection.
B. 
Collectors collecting residential, commercial, and/or institutional MSW generated within the Town Special Refuse District shall refuse to collect MSW from any person or party who has clearly failed to source separate the recyclable materials and/or who has not properly prepared the recyclable materials to the specifications of the collector. A written explanation shall be provided to the person or party for the reason of the refusal for collection of the materials by the collector.
A. 
Only authorized collectors who are acting under authority of the Town of Collins shall collect, pick up, remove, or cause to be collected, picked up or removed, any solid waste recyclable materials so placed for collection; each such unauthorized collection, pick up or removal shall constitute a separate violation of this article; provided, however, that where the authorized collector has refused to collect certain recyclable materials because they have not been separated, placed or treated in accord with the provisions of this article, the person responsible for initially placing those materials for collection may and shall remove those materials from any curb, sidewalk or street side.
B. 
Nothing herein shall prevent any person from making arrangements for the private collection, sale or donation of recyclable materials prior to placement at the curbside.
A. 
Any person(s) shall bring all source-separated recyclable materials to the Town transfer station. These recyclable materials shall be prepared to the specifications of the Town of Collins and will be placed in the designated storage containers. Once deposited in the designated containers, the recyclable materials become the property of the Town of Collins.
B. 
Nothing herein shall prevent any person from making arrangements for the private collection, sale or donation of recyclable materials prior to deposition at the facility.
A. 
All authorized collectors must obtain a solid waste collection license from the Town of Collins. An annual fee for such license shall be set by resolution of the Town Board. All licenses shall be issued for the calendar year or such portion thereof. There shall be no reduction in the fee for a license issued after the beginning of any calendar year.
B. 
An authorized collector sticker shall be prominently displayed on each vehicle operated by or on behalf of the authorized collector.
C. 
Authorized collector applications may be denied if the applicant or licensee has been adjudged or administratively determined to have committed one or more violations of this article during the preceding calendar year.
D. 
All authorized collectors licensed by the Town of Collins indemnify and hold harmless the Town of Collins for any pending, threatened or actual claims, liability or expense arising from waste disposal by the authorized collector in violation of this article.
E. 
Authorized collectors shall offer collection services for all recyclable materials to all customers from who they provide MSW collection services at the same times and on the same days as services are provided to their customers for solid waste collection.
F. 
Each collector who shall apply for a license under this section shall state the manner of collection and the place and method of disposal of the MSW and recyclable materials from its residential, commercial, industrial, and institutional customers. Each collector shall maintain separate monthly records of solid waste and recyclable materials collected, transported or disposed of by the authorized collector which include the following information:
(1) 
The municipality or geographical area and number of units in which the solid waste or recyclable material was generated.
(2) 
The quantity, by ton, of solid waste and of each type of recyclable material collected.
(3) 
The quantity, by ton, of recycled material delivered to a recycling facility(ies) and the location of the recycling facility(ies).
(4) 
The quantity, by ton, of solid waste delivered to each facility.
G. 
Reports containing the information required as stated above shall be compiled and delivered to the Town Clerk or other designated individual for each reporting period as designated by the regulations but which shall be no more frequently than quarterly.
H. 
Authorized collectors shall not accept for collection MSW which has not been source separated in conformity of this article.
When the designated public official determines that a failure to comply with this article may have occurred, she/he shall recommend to the municipality that the authorized collector application or the license be denied, suspended or revoked or its holder subjected to a reprimand or fine or that the generator or originator of the solid waste or recyclable materials be subject to sanctions, fines or penalties as described herein. Notice and an opportunity to be heard shall be provided prior to the denial, suspension or revocation of a solid waste license or authorized collector permit or the issuance of a sanction, fine or penalty.
A. 
Notice.
(1) 
The designated public official shall notify the affected generator, applicant or licensee of the alleged failure in writing. The notice shall include the following:
(a) 
A statement of the condition allegedly violated, referring to the pertinent ordinance, law, rule or regulation.
(b) 
A short and plain statement of the alleged misconduct.
(c) 
A statement of the time, place and nature of the hearing.
(2) 
The notice shall be personally served or sent by registered mail to the generator, applicant or licensee's last known address, at least 10 days before the hearing date, with a copy to the administrator.
B. 
Hearing.
(1) 
Hearings shall be held before the Town Justice within a reasonable period, which shall be at least 10 days after service of notice.
(2) 
The generator, applicant, or licensee may be represented by counsel at the hearing and may offer evidence and cross-examine witnesses.
(3) 
Within 20 days after the close of the hearing, the Town Justice shall:
(a) 
Determine whether the alleged failure to comply with this article has occurred; and
(b) 
If the Town Justice determines that such a failure has occurred, decide whether the generator or applicant shall be subject to fine or penalty, the application shall be denied or an existing solid waste license or authorized collector status be suspended or revoked or its holder subjected to a reprimand, then issue a order carrying out this decision.
C. 
Determination, decisions, and orders.
(1) 
Disposition may be made by stipulation, agreed settlements, consent order, default or other informal method.
(2) 
The Town Justice shall promptly notify the applicant or licensee, in writing, of the final determination, decision or order.
D. 
Enforcement.
(1) 
Inspections and appearance tickets.
(a) 
All portions of vehicles and containers used to haul, transport, or dispose of recyclable materials, including such containers placed outside residences, shall be subject to inspection to ascertain compliance with this article by any police officer, peace officer, code officer and any other public official designated by the Town of Collins.
(b) 
Police officers, peace officers, code officers, and the specified public servants are hereby authorized and directed to issue appearance tickets for violations of this article.
E. 
Penalties.
(1) 
The failure of any person engaged in the business of collecting MSW and/or recyclable materials or rendering solid waste and/or recycling services who is not authorized by the Town or who collects, picks up, removes or causes to be collected, picked up or removed MSW or recyclable materials in a manner not in compliance with this article shall be guilty of a violation and subject to the penalties set forth in Chapter 1, General Provisions, § 1-3, of the Code of the Town of Collins. Each days such violation occurs or continues shall constitute a separate offence.
(2) 
Failure of a waste generator to comply with the provisions in this article, designated as violations, shall be punishable as follows:
(a) 
For the first conviction: a written warning clearly stating the nature of the violation and a schedule of fines for future convictions.
(b) 
For the second conviction within one year: by a fine not less than $40 nor more than $75.
(c) 
For the third conviction within one year: by a fine not less than $75 nor more than $125.
(d) 
For a fourth and each subsequent conviction within one year: by a fine of not less than $125 nor more than $275.
(3) 
Any penalties or damages recovered or imposed under this article are in addition to any other remedies available at law or equity.