[HISTORY: Adopted by the Town Board of the
Town of Wilson as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-8-1991 by L.L. No. 2-1991]
[1]
Editor’s Note: The title of this article was changed
from “Recycling” to “Refuse” 2-18-2015 by
L.L. No. 2-2015.
The Town Board of the Town of Wilson finds that
the reduction of the amount of solid waste and the conservation of
recyclable materials are important public concerns. The separation
and collection of newspaper, paper, cardboard, glass, cans, plastic
containers and other materials for recycling from the residential,
commercial, industrial and institutional establishments in the Town
will protect and enhance the Town's physical and visual environment,
as well as promote the health, safety and well-being of persons and
property within the Town by minimizing the potential adverse effects
of landfilling, facilitating the implementation and operation of other
forms of solid waste management, conserving natural resources and
assisting the Town in complying with the mandates of the New York
State Solid Waste Management Act of 1988.[1] The promotion and use of recyclable materials, goods produced
from recyclable materials and goods which facilitate recycling will
further serve the same purposes by encouraging and facilitating recycling.
[1]
Editor's Note: See Environmental Conservation
Law § 27-0101 et seq.
[Amended 2-18-2015 by L.L. No. 2-2015]
As used in this Article I, the following terms shall have the meanings indicated herein. None of the terms defined below in this Article I shall be deemed to include, or apply to, any material or activity prohibited or regulated under Article II of this chapter.
The person or persons designated by resolution of the Town
Board to monitor and enforce this article.
Includes but is not limited to the following products and
their empty containers: insecticides, herbicides, petroleum products,
caustic chemicals, paint and batteries. "Hazardous wastes" generally
display one or more of the qualities of ignitability, corrosivity,
reactivity or toxicity.
That portion of the waste stream not included under recyclables
and not treated separately as hazardous waste under § 27-0903
of the New York Environmental Conservation Law; source, special nuclear
or by-product material as defined in the United States Atomic Energy
Act of 1954; or low-level radioactive waste as defined in § 29-0101
of the New York Environmental Conservation Law. "Nonrecyclables" include
but are not limited to the following:
GARBAGEPutrescible solid waste, including animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking or serving of foods. "Garbage" originates primarily in home kitchens, storage areas, markets, restaurants and other places where food is stored, prepared or served.
RUBBISHRags, sweepings, rubber, leather, excelsior, crockery, shells, clothing, straw, dirt, filth, ashes, wastepaper and similar waste material.
LARGE HOUSEHOLD FURNISHINGSLarge and/or bulky articles actually used in the home and which equip it for living (as chairs, sofas, tables, beds, carpets, etc.).
CONSTRUCTION AND DEMOLITION DEBRISWaste resulting from construction, remodeling, repair and demolition of structures, road building and land clearing. Such wastes include but are not limited to bricks, concrete and other masonry materials, soil, rock, lumber, road spoils, paving material and tree or brush stumps.
Any individual, firm, partnership, company, corporation,
association, joint venture, cooperative enterprise, trust, municipality,
other governmental agency or any other entity or any group of such
persons which is recognized by law as the subject of rights and duties.
In any provisions of this article prescribing a fine, penalty or imprisonment,
the term "person" shall include the officers, directors, partners,
managers or persons in charge of a company, corporation or other legal
entity having officers, directors, partners, managers or other persons
in charge.
Any materials which can be collected, separated and/or processed,
treated, reclaimed, used or reused to produce a raw material or product,
which materials include but are not limited to the following:
Paper, clean and unsoiled, including newsprint,
newspapers, news advertisements, supplements, comics and enclosures,
corrugated boxes, cardboard, cardboard cartons and similar corrugated
materials.
Unbroken glass, glass bottles or jars which
are transparent or translucent and which are green, amber (brown)
or clear (flint) in color.
Bimetal cans, including containers fabricated
primarily of metal or tin, tin-plated steel cans, aluminum cans and
containers made primarily of aluminum and household and other items
made solely from aluminum.
Plastic containers normally found in the household,
including containers used primarily for laundry products, dishwashing
detergents, milk, water and similar items, including PET (polyethylene
terephthalate) and HDPE (high-density polyethylene) and other common
plastic resin types.
Such other items and materials, including garden
and yard waste as may later be included pursuant to agreement between
the Town and its refuse collection contractor; provided, however,
that nothing in this article shall be construed as preventing any
person from utilizing vegetative yard waste for compost, mulch or
other agricultural, horticultural, gardening or landscaping purposes.
All recyclables and nonrecyclables which make up the waste
stream eligible for curbside pickup under this article. "Waste material"
does not include dead animals, fecal matter or material treated separately
as hazardous waste under § 27-0903 of the New York Environmental
Conservation Law; source, special nuclear or by-product material as
defined in the United States Atomic Energy Act of 1954; or low-level
radioactive waste as defined in § 29-0101 of the New York
Environmental Conservation Law.
A.
Upon the effective date of this article, there is
hereby established a program for the separation, preparation for collection
and collection of waste materials. The program shall be under the
supervision of the Town of Wilson, its administrator and its collection
agent or contractor.
B.
The Wilson Town Board and its administrator will determine
recyclables and notify Town residents by publishing said information
in the official Town newspaper or newspapers at least 30 days before
said declaration will be incorporated into the Town program. The Town
Board may change the classification of "nonrecyclables" to "recyclables"
as defined herein in the event that it determines that reclassification
is cost effective or that economic markets exist for that product.
The Town Board shall notify all generators of the change in classification.
[Amended 4-11-1994 by L.L. No. 2-1994]
D.
The Town of Wilson, its administrator and its collection
agent or contractor shall have no obligation to pick up and remove
any waste material not prepared for collection in accordance with
this article.
E.
The Town of Wilson, its administrator and its collection
agent or contractor shall have no obligation to pick up and remove
any waste material which was not used in the residence or business
or other establishment placing such waste material at the curbside
for pickup.
F.
The Town of Wilson, its administrator and its collection
agent or contractor shall have no obligation to pick up or remove
any waste material which is not provided for pursuant to the Town's
contract for waste removal with a contractor or otherwise provided
for by a Town-administered pickup and removal program. Certain businesses,
industries and residences may not be provided for in Town of Wilson
pickup and removal programs.
No person shall dispose of waste material except
as follows:
A.
Waste material shall be prepared for collection in accordance with Subsection A(1) through (4) of this section:
(1)
Each person shall provide separate, sealable galvanized
iron cans or other suitable sanitary sealable containers or heavy
duty plastic bags for nonrecyclables unless stipulated otherwise in
this article. Such cans or containers shall not exceed 30 gallons'
capacity and when filled shall not exceed 60 pounds in weight. All
cans or containers shall be placed at the curb or roadside for collection.
(2)
Recyclable aluminum cans and items, glass bottles
and plastic items shall be separated from nonrecyclables and placed
in the recyclable collection container.
(3)
Recyclable metal cans, aluminum cans, glass and plastic
containers and other items so separated shall be rinsed of contents
and placed in the recyclable collection container.
(4)
Newsprint shall be separated from nonrecyclables and
either placed in the recyclable container or properly secured into
bundles not to exceed 25 pounds in weight and placed at the curb or
in the recyclable container or roadside next to the recyclable container
for collection. Effort is to be made to keep the newsprint clean and
dry and contamination free.
(5)
Other items to be included for recycling are to be
prepared as set forth from time to time by resolution of the Town
Board according to such expansions of the curbside collection program
as may be established by the Town from time to time.
(6)
Recyclable containers shall be provided by each person
and shall conform in color, logo, shape and material and other specifications
to the material established from time to time by the Town Board.
Waste materials shall be collected in a manner
consistent with the terms of the Town of Wilson collection contract.
[Added 4-11-1994 by L.L. No. 2-1994]
The provisions of this section apply to commercial,
industrial and institutional waste generators. In the event that they
do not have materials collected pursuant to law or contract, they
shall be responsible for components prior to being disposed of in
any manner or solid waste left for collection or delivered by the
generator at a solid waste management facility. This material must
be source-separated.
A.
When any person properly places any recyclable materials
at or near any curb, sidewalk, street or road for the purposes of
collection by the Town of Wilson or its contractor, those recyclable
materials shall thereupon immediately become the property of the Town
of Wilson or its authorized agent. No person not acting under authority
of the Town of Wilson or its authorized agent shall collect, pick
up, remove or cause to be collected, picked up or removed any recyclable
materials so placed for collection; each such unauthorized collection,
pick up or removal shall constitute a separate violation of this article.
B.
Notwithstanding the provisions of § 107-6A, where the Town or its agent or contractor has refused to collect certain recyclables because they have not been placed or treated in accord with the provisions of this article, the person responsible for initially placing those materials for collection may and shall promptly remove those materials from any curb, sidewalk, streetside or roadside and assume possession, control and responsibility for the proper disposal thereof.
C.
Nothing herein contained shall prevent any person
from making arrangements for the private collection of recyclables,
provided that recyclables to be privately collected shall not be placed
curbside on or immediately preceding the day for municipal collection
of such recyclables.
D.
The Town of Wilson, its administrator and its authorized
agent shall not be required to collect any waste material which has
not been separated and secured pursuant to the provisions of this
article or the applicable regulations of the Town of Wilson.
[Amended 7-21-2021 by L.L. No. 4-2021]
A.
No person shall cause to be imported into the Town of Wilson waste
material for garbage collection.
B.
No person shall place for curbside collection any waste material
not generated on the premises fronting on the street upon which it
is placed.
C.
Refuse containers or receptacles shall at all times be securely closed.
Every such person shall be responsible for the placement and removal
and storage of refuse containers or receptacles. It shall be unlawful
for any person to place containers or receptacles roadside more than
12 hours prior to collection or to remain at the roadside more than
12 hours after collection. No such person shall permit any refuse
to be stored or accumulated at any premises within the Town of Wilson
which would cause any unsanitary or unsightly condition in or about
any premises owned, used or occupied by said person.
[Amended 7-21-2021 by L.L. No. 4-2021]
A violation of this article shall constitute a violation punishable,
upon conviction thereof, by minimum fine of $100, and not to exceed
$500, for each offense.
[Adopted 2-18-2015 by L.L. No. 2-2015]
This article shall be known as the "Biosolids Management Law
of the Town of Wilson."
A.
The Town of Wilson finds that the processing, collection, handling,
storage, treatment, land application and/or disposal of biosolids,
digestate and other waste materials generated by the treatment of
municipal wastewater, which contain human waste and other impurities,
pose a significant health risk to the residents of the Town and may
adversely impact the surrounding environment. The potential contamination
of groundwater, surface water and soil, as well as the potential for
air pollution, resulting from such activities poses an unreasonable
risk to Town residents, public health and the environment.
B.
The Town Board intends by this article to:
(1)
Prohibit the construction and operation of new anaerobic digestion
facilities, land application facilities and storage facilities within
the Town of Wilson in order to promote a clean, wholesome and attractive
environment for the community.
(2)
Reduce the risk of pollution and other harmful effects, to the maximum
extent possible, from existing anaerobic digestion facilities, land
application facilities and storage facilities by restricting the scope
and size of such activities.
(3)
Ensure that accurate, current information about solid waste disposal
operations within the Town is available to public officials and residents.
(4)
Protect the residents of the Town from the harmful effects of biosolids,
including:
(5)
Exercise the Town's police powers under the Municipal Home Rule Law
and §§ 130 and § 136 of the Town Law for
the physical and mental well-being and safety of its inhabitants and
to restrict biosolids treatment facilities, land application facilities,
and waste disposal operations pursuant to the authority of § 27-0711
of the Environmental Conservation Law, which authorizes municipalities
to impose controls on waste disposal operations that are more strict
than state law requires.
A.
Unless indicated herein or the context otherwise requires, the terms
used in this article shall have the same meaning as those defined
in Article 27 of the New York Environmental Conservation Law and the
regulations promulgated thereunder.
B.
ANAEROBIC DIGESTION
ANAEROBIC DIGESTION FACILITY
BIOSOLIDS
DIGESTATE
DISPOSAL
LAND APPLICATION FACILITY
PATHOGENIC ORGANISM
PERSON
PUBLICLY OWNED TREATMENT WORKS
STORAGE FACILITY
The following terms shall have the meanings indicated herein:
The biochemical decomposition of organic matter into methane
and carbon dioxide (biogas) by microorganisms in the absence of air.
Any facility which accepts, treats or processes wastewater
treatment sludges, biosolids, manure, food waste, fats, oils, greases,
energy crops, glycerin, silage or any similar material for the purpose
of producing biogas and digestate.
Any solid, semisolid or sludge-like organic material generated
by the treatment of sewage or wastewater or otherwise derived from
sewage or wastewater or their byproducts. "Sewage sludge" shall be
considered synonymous with "biosolids."
A material remaining or produced as a result of the anaerobic
digestion of biosolids or wastewater treatment sludges.
The placement, distribution, land application or other handling
of biosolids, digestate or wastewater treatment sludges in a manner
that releases such material into any environmental media, including
the ground, water or air.
Any facility or property at which biosolids, digestate or
wastewater treatment sludges are disposed, applied or otherwise used.
Any disease-causing organisms, including, but not limited
to, bacteria, viruses, protozoa and viable helminth ova.
Any individual, firm, partnership, company, corporation,
association, society or group.
Any facility owned and operated by a municipal or governmental
entity for the purposes of treating wastewater, sewage or septage.
Any facility or property used for the storage or processing
of biosolids, digestate or wastewater treatment sludges.
Except as provided elsewhere within this article, no person
shall collect, accept, store, process, treat, handle, generate, apply
to the land or dispose of biosolids, digestate or other liquid, solid
or semisolid waste, any of which contains human waste or any pathogenic
organisms, or which are derived from materials containing human waste,
pathogenic organisms and/or municipal wastewater, at any location
within the Town of Wilson.
The prohibitions set forth in § 107-12 and the limitations set forth in § 107-14 shall not apply to:
A.
Anaerobic digestion facilities that do not accept, treat, or process
biosolids or sewage sludge from wastewater treatment facilities.
B.
The generation of biosolids at a publicly owned treatment works.
C.
Private septic systems located within the Town of Wilson.
D.
The sale or storage of lawn and garden fertilizer packaged for retail
sale, or the application of lawn and garden fertilizers packaged for
retail sale, on an area of land less than 2.5 acres in size.
A.
Except as otherwise provided in this § 107-14, any and all activities previously duly approved or for which permits have been duly issued prior to the effective date of this article with respect to the operation of an anaerobic digestion facility or storage facility (hereinafter "existing facilities") may be continued but may not be expanded or modified with respect to operational or storage capacity, bulk, height, area or other dimensional or spatial aspect and/ or permitted activity. The term "existing facility," as used in this § 107-14, shall not include a land application facility. Any such existing facility shall be considered a legal nonconforming use and subject to regulation as such pursuant to Article VI of Chapter 127 of the Town of Wilson Code.
B.
Existing anaerobic digestion facilities may apply to the Town Board for a special use permit to allow conversion of their treatment process or other modifications to their operations which the applicant demonstrates will eliminate or significantly reduce potential threats to public health and the environment. The Town Board shall consider the standards set forth in Article VII of Chapter 127 of the Town Code and any relevant regulatory standards and scientific information in rendering its determination on such special use permit applications, including, but not limited to, whether such conversion or modification to the production of biosolids meets or exceeds "Class A" or "Class B" standards within the meaning of 40 CFR 503.32. Nothing contained in this Subsection B shall relieve the applicant from the need to obtain any other necessary Town of Wilson or regulatory approvals. The special use permit may be granted only after the Town Board conducts a public hearing held on not less than 10 days' notice published in the official Town newspapers.
C.
The owner or operator of an existing facility shall provide a copy
of any and all written communications, applications and reports to
or from the New York State Department of Environmental Conservation
and any other governmental or regulatory agency to the Town of Wilson
Building Inspector at the following address within seven business
days of the issuance or receipt of such written communications, applications
or reports: Building Inspector, Town of Wilson, Town Hall, P.O. Box
537, Wilson, NY 14172.
The invalidity of any word, section, clause, paragraph, sentence
or part or provision of this article shall not affect the validity
of any other part of this article which shall be in effect.
A.
Except as otherwise provided herein, a person(s) who shall violate § 107-12 shall, upon conviction, be subject to a fine of not less than $250 nor more than $1,000 or imprisonment not to exceed one year, or both such fine and imprisonment, for any first offense. Any subsequent violations shall constitute a misdemeanor and, upon conviction, such person(s) shall be subject to a fine of not less $500 nor more than $2,000 or imprisonment not exceeding one year, or both such fine and imprisonment.
B.
For violations involving land application of biosolids in violation of § 107-12, upon conviction for a first offense, the land owner and/or person(s) responsible for applying prohibited materials, for each application of materials prohibited under § 107-12 of this chapter, shall be subject to fine of not less than $50 per acre nor more than $100 per acre for each acre of land to which the prohibited materials were applied or imprisonment not to exceed 90 days, or both such fine or imprisonment. Any subsequent violation shall constitute a misdemeanor, and upon conviction for a second offense by the same person or persons within a five-year period, the fine shall be not less than $100 per acre nor more than $200 per acre for each acre of land to which prohibited materials were applied, or imprisonment not to exceed 180 days. Upon conviction for a third offense by the same person or persons, the offense shall be punishable by a fine of not less than $200 per acre nor more than $300 per acre for each acre of land to which prohibited materials were applied, or imprisonment not to exceed one year.
C.
A person(s) who shall violate § 107-14C shall, upon conviction, be subject to a fine of not less than $250 nor more than $1,000 or imprisonment not to exceed one year, or both such fine and imprisonment, for any first offense. Any subsequent violations shall constitute a misdemeanor and, upon conviction, such person(s) shall be subject to a fine of not less $500 nor more than $2,000 or imprisonment not exceeding one year, or both such fine and imprisonment.
