[Adopted 8-17-1992 by L.L. No. 3-1992 (Ch.
25, Art. III, of the 1966 Codification)]
[1]
Editor's Note: Local Law No. 5-2015, adopted 6-1-2015, amended
the name of this article from "Refuse Recycling" to "Refuse and Recycling."
This article shall be known as "Local Law No.
3 of the Year 1992, Refuse Recycling, of the Town of Lancaster."
This article is enacted in accordance with the
New York State Solid Waste Management Act of 1988, for the purpose
of reducing, reusing and recycling of solid wastes which will aid
in the protection and preservation of the environment and assist in
the conservation of recyclable materials. The Town Board of the Town
of Lancaster finds that the separation and collection of recyclable
materials generated from residential, commercial and institutional
properties will reduce the total amount of solid wastes presently
generated, will reduce the need for landfills and will conserve the
capacity of existing landfills.
As used in this article, the following terms
shall have the meanings indicated:
A person, partnership, corporation or other legal entity,
authorized by contract with the Town of Lancaster to collect municipal
solid waste.
Cuttings from shrubs, hedges and trees which are less than
four inches in diameter, tied and bundled not more than four feet
in length and one foot in diameter. Single tree parts must not be
over four feet in length and not exceed six inches in diameter.
Large items such as sofas, chairs, tables, mattresses, box
springs and furniture.
The Building Inspector and/or the Assistant Building Inspector
of the Town.
All properties used for industrial or commercial purposes,
including but not limited to retail and wholesale establishments trailer
courts, offices, garages, gas stations, manufacturing and repair establishments,
banks, motels, restaurants and other similar and related facilities.
Includes items such as computers, televisions, cathode-ray
tubes, small-scale servers, computer peripherals (monitors, electronic
keyboards, electronic mice or pointing devices, facsimile machines,
document scanners and printers) and small electronic equipment (VCRs,
digital video recorders, portable digital music players, DVD players
and projectors, digital converter boxes, cable or satellite receivers
and electronic or video game consoles (both handheld and for use with
a video display device).
[Added 1-20-2015 by L.L. No. 1-2015]
Any solid waste management-resource recovery facility employed
beyond the initial solid waste collection process which is to be used,
occupied or employed for or is incidental to the receiving, transporting,
storage or processing or disposal of solid waste or the recovery by
any means of any material or energy product or resource therefrom,
including recycling centers, transfer stations, processing systems,
resource recovery facilities, sanitary landfills, plants and facilities
for composting or land spreading of solid wastes, secure land burial
facilities, reprocessing and recycling facilities, surface impoundments
and waste oil storage, incinerators and other solid waste disposal,
reduction or conversion facilities.
A Town-authorized container of either 65 gallons or 95 gallons
for the storage and collection of garbage (black lid). One cart shall
be assigned to each residential producer or other authorized unit
and shall be the property of the Town of Lancaster. A person who is
the owner or occupant of a residential producer shall have the option
to purchase, at his or her own expense, one additional level of garbage
collection and recycling services and will then be provided one additional
garbage cart. There shall be no more than four garbage carts at any
residential producer or other authorized unit. Each garbage cart provided
by the Town of Lancaster shall remain the property of the Town of
Lancaster and shall not be removed from the residence or other authorized
unit to which it was assigned.
[Added 5-20-2019 by L.L.
No. 6-2019]
Solid waste that is especially harmful or potentially harmful
to public health. A substance is considered hazardous if it ignites
easily, reacts or explodes when mixed with other substances, is corrosive
or toxic. This shall include, but not be limited to, explosives, toxic
materials, medical waste, pesticides, fertilizers, oil, antifreeze,
oil-based paint, solvents, rechargeable batteries, propane tanks or
cylinders (full or empty) and mercury or any mercury-containing devices.
[Amended 1-20-2015 by L.L. No. 1-2015]
An organization or establishment which owns or occupies property
and is devoted to the promotion of a particular object or cause, including
schools, nursing homes and retirement homes, health facilities, governmental
facilities, libraries, fire halls, etc.
All major appliances such as stoves, refrigerators, dishwashers,
dryers, washing machines, water heaters, portable air conditioners,
microwave ovens and other large and scrap metal items.
[Added 1-20-2015 by L.L. No. 1-2015]
A person, partnership, corporation or other legal entity,
licensed by the Town of Lancaster, which collects municipal solid
waste pursuant to contract with owners and/or occupants.
All putrescible and nonputrescible materials including garbage,
refuse and other discarded solid materials, including but not limited
to solid waste materials resulting from residential, commercial and
industrial and from public activities. (Liquids, semisolids and contained
gaseous materials are hereby defined as "solid waste.") It shall not
include solids or dissolved material in domestic sewage or other significant
pollutants in water resources, such as silt, dissolved or suspended
solids in industrial waste water effluent, dissolved materials in
irrigation return flows or other common water pollutants. In addition,
it shall not include hazardous waste.
The person having a right and possession of the property
being referred to.
The titled owner of the property being referred to.
A Town-authorized container of either 65 gallons or 95 gallons
for the storage and collection of recyclable materials (red lid).
One recyclable cart shall be assigned to each residential producer
and other authorized unit and shall be the property of the Town of
Lancaster. Any recyclable cart assigned to a residential producer
or other authorized unit shall remain at the residence or other authorized
unit and shall not be moved from the same. Additional recyclable carts
shall be available to owners or occupants of either residential units
or authorized units in the manner described in the definition of "garbage
cart."
[Added 5-20-2019 by L.L.
No. 6-2019[1]]
Those materials specified by the Town for separate
collection in accordance with recycling regulations. Such materials
may include, but are not limited to:
ALUMINUMAluminum products and containers fabricated primarily of aluminum and commonly used for soda, beer, beverages or other food or drink.
METAL CANSContainers fabricated primarily of steel or tin or bimetal cans of steel, tin and/or aluminum, other than aluminum cans.
GLASS FOOD AND BEVERAGE CONTAINERSNew and used glass food and beverage containers which have been rinsed and are free of food contamination, including clear (flint), green and brown (amber) colored glass bottles and jars. Glass shall not include ceramics, plate glass, auto glass, Pyrex, leaded glass, mirrored glass or flat glass.
PLASTIC FOOD AND BEVERAGE CONTAINERSIncludes high-density polyethylene (HDPE) and polyethylene terephthalate (PET) designated respectively as No. 2 and No. 1 on the recycling code located on the containers.
NEWSPRINTCommon, inexpensive machine-finished paper made chiefly from wood pulp and used for newspapers.
CORRUGATEDWood-pulp-based material which is usually smooth on both sides with corrugated center; commonly used for boxes; excludes material with a wax coating.
HIGH-GRADE PAPERWhite and colored office bond, duplicating paper, computer paper and other high-quality paper.
MAGAZINESMagazines, glossy catalogs and other glossy paper.
GARDEN AND YARD WASTEOrganic yard and garden waste, including leaves, weeds, grass clippings, brush, clipped hedges and shrubs and wood chips; unchipped stumps are not to be considered "yard waste."[2]
[Added 4-5-1993]
The above materials will be reviewed quarterly
and will be modified as the need arises by the Town Board by appropriate
resolution.
The source separation, collection, processing, recovery and
sale or reuse of recyclable material.
The area of the Village of Lancaster and the Town of Lancaster,
and excluding the Village of Depew, which was established by resolution
dated November 7, 1988.[3]
Properties within the Refuse District used as dwellings,
including but not limited to single- and double-family dwellings and
apartment buildings containing three to eight units.
[Amended 5-20-2019 by L.L. No. 6-2019]
The purposeful and systematic control of the storage, collection,
transportation, processing and disposal of solid waste.
To separate the recyclable materials from the MSW stream
at the point of waste generation.
The Town of Lancaster.
The Town Board of the Town of Lancaster.
A sticker or tag available from the Town which shall bear
an identification mark established by the Town.
[Added 5-20-2019 by L.L.
No. 6-2019]
Town sticker items must be refuse bags and cannot exceed
40 pounds. Materials must be non-vermin-attracting waste and bags
cannot be busted open. All collectible material shall be properly
sealed and presented and set curbside, adjacent to refuse cart (not
on top) and contain a Town disposal sticker.
[Added 5-20-2019 by L.L.
No. 6-2019]
Organic yard and garden waste, leaves, grass clippings and
brush.
[1]
Editor's Note: This local law also repealed the former definition
of "recyclable containers," which immediately followed this definition.
[2]
Editor's Note: Original Subsection A(9), Large appliances, which immediately preceded this subsection, was repealed 1-20-2015 by L.L. No. 1-2015.
[3]
Editor's Note: Said resolution is on file
in the office of the Town Clerk.
[Added 5-20-2019 by L.L.
No. 6-2019]
A.
The Town shall provide and assign to each residential
unit and other authorized unit one garbage cart and one recycling
cart. Additional garbage and recycling carts may be obtained as described
in the definition of "garbage cart." Garbage carts 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. Recycling
carts shall be used for the collection, storage and disposal of recyclable
materials.
B.
Garbage and nonrecyclable refuse and rubbish shall
be stored in the garbage cart with the lid completely closed. No garbage
cart shall exceed 300 pounds (136 kilogram) for a ninety-five-gallon
cart, or 200 pounds (91 kilogram) for a sixty-five-gallon cart, in
weight when filled.
C.
Recycling materials shall be stored in the recycling
cart with the lid completely closed. No recycling cart shall exceed
300 pounds (136 kilogram) for a ninety-five-gallon cart, or 200 pounds
(91 kilogram) for a sixty-five-gallon cart, in weight when filled.
D.
All garbage and recycling carts shall be maintained
in good condition. All garbage and recycling carts 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 or recyclable materials are removed by the collector.
Except when placed at the curbline for collection, all carts shall
be stored on the property producing the solid waste on either the
side or in back of the dwelling or inside the garage.
A.
Every owner and/or
occupant of residential, commercial and/or institutional property
within the Refuse District shall keep all MSW in suitable container
inside a building located on said property or in a suitable, completely
enclosed structure outside a building, which has been constructed
for that purpose and which complies with the building codes of the
Town.
B.
Every owner and/or
occupant of residential, commercial and/or institutional property
within the Refuse District shall keep all buildings located on such
property free and clear of all MSW and shall keep all sidewalks and
yard areas free and clear of all MSW, which is not otherwise stored
in suitable containers.
C.
Every owner and/or
occupant of any residential property located within the Town of Lancaster's
Refuse District shall, prior to initial collection, source-separate
any and all recyclable materials from all other municipal solid wastes.
[Amended 5-20-2019 by L.L. No. 6-2019]
D.
Every owner and/or
occupant of any residential property located within the Refuse District
shall use the recyclable cart or carts issued to it by the Town to
contain any recyclable material prior to collection and shall prepare
the recyclable materials to the specifications of the authorized collector.
[Amended 5-20-2019 by L.L. No. 6-2019]
E.
Every owner and/or
occupant of any residential, commercial and/or institutional property
located within the Refuse District shall put out for collection only
that MSW and recyclable material generated from the use or occupancy
of his property.
F.
Disposable plastic
bags may be placed adjacent to the Town-issued refuse carts which
are waterproof, strong, and securely tied, and do not exceed more
than 40 pounds in weight (each) and have affixed Town-issued tags
or stickers. However, glass and other objects in refuse that are sharp
or that could cause injury shall not be placed in plastic bags. In
addition, residents utilizing the Town-issued bag tags and stickers
shall put food waste in the carts and put nonputrescible and non-vermin-attracting
waste outside the cart. All residential properties within the Refuse
District subscribing to refuse collection services are permitted to
purchase additional tags for use.
[Amended 5-20-2019 by L.L. No. 6-2019]
G.
Each owner of
a commercial and/or institutional property located within the refuse
district shall contract with a licensed private collector for the
collection and removal of all MSW and recyclable materials generated
from the use or occupancy of his property, provided that, when approved
by the Town, such owners or occupants of commercial and industrial
property may collect, convey and dispose of privately generated MSW
by their own containers and/or trucks, provided that they comply with
the applicable provisions of this article and New York State Department
of Conservation Regulations.
H.
Each owner of a commercial and/or
institutional property located within the Refuse District shall contract
with a licensed private collector for the collection and removal of
all MSW and recyclable materials generated from the use or occupancy
of his property, provided that, when approved by the Town, such owners
or occupants of commercial and industrial property may collect, convey
and dispose of privately generated MSW by their own containers and/or
trucks, provided that they comply with the applicable provisions of
this article and New York State Department of Environmental Conservation
Regulations.
[Added 1-20-2015 by L.L. No. 2-2015; amended 5-20-2019 by L.L. No. 6-2019]
I.
All major appliances or large
household furnishings not capable of being placed in receptacles or
bundles as provided herein may be placed at the curbline or pavement
line only on the scheduled bulk pickup collection day for that area.
Residents are allowed to place out a total of three bulk items per
month per dwelling/parcel during the second full week of each month.
It shall be the sole responsibility of the owner to dismantle the
appliance or furnishing so that it will not be a hazard to the public.
Specifically, all refrigerator and freezer doors must be removed and
Freon lines must be decommissioned.
[Added 1-20-2015 by L.L. No. 2-2015; amended 5-20-2019 by L.L. No. 6-2019]
J.
Bulk waste and large appliances
are to be collected by the authorized collector and each private collector
on days to be determined by the Town.
[Added 5-20-2019 by L.L.
No. 6-2019]
(1)
Carpeting must be rolled in lengths of four feet
or less, taped securely, and no wider than 18 inches.
(2)
Large items must be of size that can easily be
handled by two employees.
(3)
Additional acceptable items include small furniture,
bedding and mattresses, hot water tanks, and large appliances.
(4)
Bulk item collection does not include air conditioners,
microwave-emitting equipment, microwave ovens, and regulated material
covered by the New York State Electronic Equipment Recycling and Reuse
Act, such as televisions and computers.
(5)
Any item, such as a weed trimmer or small lawnmower,
with an engine requiring oil and gas must have those liquids removed
prior to collection.
K.
Unacceptable waste such as dead
animals, explosive and flammable materials, pesticides, batteries,
compressed gas cylinders, aerosol cans, motor oils, regulated and
nonregulated hazardous chemicals, medical and infectious waste, construction
material, septic waste and sludge, junk automobiles and tires shall
be separated from the recyclables and nonrecyclables and disposed
of pursuant to New York State Department of Environmental Conservation
regulations. Disposal of said unacceptable waste is the responsibility
of the resident and will not be picked up by the licensed authorized
collector.
[Added 5-20-2019 by L.L.
No. 6-2019]
L.
Every owner/occupant of any residential,
commercial, and/or institutional property located within the Town's
Refuse District shall put out for collection municipal solid waste
and recyclable materials no earlier than 5:00 p.m. on the day prior
to collection. Garbage and recycling days for pickup will be determined
by the Town. All garbage and recycling carts shall be removed within
12 hours after being emptied and stored in a concealed location from
the street.
[Added 5-20-2019 by L.L.
No. 6-2019]
M.
All garbage and recycling carts
shall be placed on the curbline or pavement line in front of the premises.
[Added 5-20-2019 by L.L.
No. 6-2019]
A.
The authorized
collector, pursuant to its contract with the Town, and licensed private
collectors, pursuant to contracts with owners and/or occupants of
commercial and/or institutional property within the Refuse District,
shall collect, pick up, remove or cause to be collected, picked up
and removed, any MSW, recyclable materials, brush and yard waste (placed
in suitable containers) for collection.
B.
It shall be unlawful
for any other person to collect and dispose of any MSW and recyclable
materials within the Refuse District; provided, however, nothing herein
shall prevent any owner and/or occupant from making arrangements for
the private collection, sale or donation of recyclable materials prior
to placement for collection; and provided further, however, that nothing
herein shall prevent any owner and/or occupant from using yard waste
for compost, mulch or other agricultural, horticultural, gardening
or landscaping purposes.
C.
The authorized
collector and each licensed private collector shall keep all recyclable
materials separate and apart from MSW and shall not commingle the
recyclable materials with other MSW during collection, transportation
and/or storage following collection; and shall move all recyclable
materials into existing recycling markets.
D.
Bulk items and
large appliances shall be collected by the authorized collector and
each licensed private collector on days to be determined by the Town.
[Amended 5-20-2019 by L.L. No. 6-2019]
E.
The authorized
collector and each licensed private collector shall refuse to collect
MSW from any owner and/or occupant who has clearly failed to source-separate
recyclable materials and/or has not properly prepared the recyclable
materials to the specifications of the authorized collector or licensed
private collector, as the case may be. The authorized collector and
each licensed private collector shall provide a full explanation to
the owner and/or occupant for the refusal of collection.
F.
The authorized
collector and each licensed private collector shall maintain separate
monthly records of MSW and recyclable materials collected, transported
and disposed of which shall include the following information:
(1)
The quantity,
by ton, of MSW and of each type of recyclable materials collected.
(2)
The quantity,
by ton, of recycled materials delivered to a recycling facility(ies)
and the location of the recycling facility(ies).
(3)
The quantity,
by ton, of MSW delivered to each facility(ies).
(4)
The quantity,
by ton, of each recyclable material marketed and the price at which
each recyclable material was marketed.
(5)
The name
and location of the markets to which the recyclable materials were
delivered.
G.
Quarterly reports
containing the information required as stated above shall be compiled
and delivered to Town Board on a quarterly basis.
A.
Each private
collector must obtain a solid waste collection license from the Town.
All licenses shall be issued for the calendar year. A full year's
fee shall be imposed on any solid waste collection license issued
to a private collector during the months of January through June of
each calendar year. One-half year's fee shall be imposed on any such
license issued during the months of July through December of each
year.
B.
A fee schedule
shall be set by the Town Board and shall be based upon the number
of trucks of the private collector regularly operating within the
Refuse District.
C.
Applications
for license and permit shall be upon forms provided by the Town and
submitted to the Clerk of the Town. The Clerk of the Town shall issue
the license upon proper application being made therefor and after
authorization to issue the license is given by the Town Board.
D.
The Clerk of
the Town is also hereby empowered to issue a temporary permit(s) to
any licensed private collector, upon proper application being made
therefor, to use such additional trucks as are necessary for a period
not to exceed 30 consecutive days for a fee, per truck, to be determined
by the Town Board.
E.
Each private
collector licensed by the Town shall comply with all applicable provisions
of this article, and all resolutions enacted by the Town Board pertaining
hereto.
F.
Each private
collector to be licensed must have Commercial General Liability coverage,
naming the Town of Lancaster as an additional insured, in the amount
of $1,000,000 each occurrence and $3,000,000 in the aggregate. The
licensed private collector shall file with the Town Clerk a certificate
of insurance for that amount prior to the issuance of a license to
the private collector. In addition, the licensed private collector
shall maintain insurance as outlined below:
[Amended 5-20-2019 by L.L. No. 6-2019]
G.
Every license
issued by the Town Clerk, pursuant to this article, shall be subject
to the following conditions:
[Amended 5-20-2019 by L.L. No. 6-2019]
(1)
Each vehicle
used by the licensed private collector in the collection and transportation
of MSW and recyclable materials in the Refuse District shall be neat
and clean and in good repair.
(2)
No owner,
collector or employee of a private contractor shall be under the influence
of alcohol or other drugs or use insolent or improper language during
pickup or when receiving complaints over the telephone.
H.
The Town Board
may refuse to license and/or may revoke a license issued to any person
who, in its judgment, is an undesirable person, or is incapable of
properly conducting the operations of a licensed private collector
or who fails to comply with the applicable provisions of this article.
The Town Board shall have the power to revoke any such license after
hearing on 10 days' written notice to the license holder, specifying
the nature of the violation.
It shall be unlawful for:
A.
Any person, other
than the authorized collector and each licensed private collector,
to collect any MSW and recyclable materials generated within the Refuse
District which has been placed for collection pursuant to this article.
The unlawful conduct set forth in this subsection shall constitute
a violation and shall be punishable, upon conviction thereof, of a
fine of $500 for the first offense; a fine of $1,000 for the second
offense; and a fine of $2,500 for the third and each subsequent offense.
B.
Any owner and/or occupant to fail to comply with any provision contained in § 287-24, inclusive.
[Amended 1-20-2015 by L.L. No. 3-2015]
C.
The unlawful conduct set forth in Subsection B shall be punishable as follows:
(1)
For a first
offense of any such provisions, the owner and/or occupant shall be
given a notice by the authorized collector or licensed private collector,
as the case may be, advising such person in detail of the failure
to comply with the specific provision(s), with a copy to the Code
Enforcement Officer.
(2)
For a second
offense, the owner and/or occupant shall be given a notice by the
Code Enforcement Officer advising such person in detail of the failure
to comply with the specific provision(s).
(3)
The third
and each subsequent offense of any provision shall constitute a violation
punishable by a fine of at least $100 but not to exceed $500.
D.
No court proceedings shall be commenced against any person who violated the provisions of Subsection C hereinabove set forth for any violation occurring before June 1, 2019, in order to permit persons to come into compliance with this article.
[Amended 5-20-2019 by L.L. No. 6-2019]
F.
Replacement of lost/stolen/damaged
carts. If a cart is reported lost/stolen/damaged, the resident will
be responsible for a replacement fee of $60.
[Added 5-20-2019 by L.L.
No. 6-2019]
The Town Board is hereby empowered to enact,
by resolution, such rules and regulations which, in its judgment,
will carry out the intent and purpose of this article.
If any clause, sentence, paragraph, section
or part of this article shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, paragraph, section or part thereof
involved in the controversy in which such judgment shall have been
rendered.
[Amended 5-20-2019 by L.L. No. 6-2019]
This article shall be effective upon its filing
with the Secretary of State in accordance with the Municipal Home
Rule Law.
