[HISTORY: Adopted by the Town Board of the Town of Geddes 3-13-2001 by L.L. No. 5-2001. Amendments noted where applicable.]
Littering — See Ch. 135.
Editor's Note: This local law also repealed former Ch. 180, Solid Waste, adopted 2-11-1992 by L.L. No. 3-1992.
The reduction of the amount of solid waste and conservation of recyclable materials is an important public concern because of the increasing cost of solid waste collection and disposal and its impact on the environment. The separation and collection of recyclable materials serves the general public's interest in our town by reducing the amount of solid waste and will otherwise comply with the Onondaga County Source Separation Law (Local Law No. 12 of 1989) and other applicable provisions of law. In 1988, in the interest of public health, safety and welfare and in order to conserve energy and natural resources, the State of New York enacted a New York State Solid Waste Management Act which established the following solid waste hierarchy: waste reduction, reuse, recycling and waste-to-energy (see New York Environmental Conservation Law § 27-0106), with land burial as a last resort only when reuse, recycling or waste-to-energy were unavailable. Section B-35 of the State Solid Waste Management Plan - 1997-1998 Update, recommended that Onondaga County take immediate steps to develop environmentally acceptable facilities to manage the solid waste generated in the county. In December 1991, Onondaga County adopted a comprehensive Solid Waste Management Plan that was subsequently approved by the State Department of Environmental Conservation. The county plan, applicable to municipalities within the county, preferred waste-to-energy as a safe and sanitary alternative to the threat to the groundwater supply and other liabilities posed by the burying of such waste. Those reasons are further delineated in Section 5 of the aforementioned county plan. Public Authorities Law § 2045-e(7) and (8) allows the Onondaga County Resource Recovery Agency to contract with municipalities for the delivery of such waste and, in furtherance thereof, to process such solid waste. In compliance with both the state and county solid waste management plans, the town has determined that all solid waste, both residential and commercial, generated in our town and destined for disposal in the State of New York, may not be disposed of at any place other than the approved disposal site designated by the Town Board in § 180-2 hereof. This chapter will also establish and refine regulations requiring the licensing of municipal haulers and governing hauler services for the collection and disposal of solid waste materials. This chapter shall not regulate or otherwise restrict any disposal of solid waste generated within the town that is to be disposed of out-of-state or any handling of recyclable materials separated from the rest of the solid waste in accordance with Onondaga County's Source Separation Law or regulate the price, route or service of any motor carrier with respect to the transportation of property prohibited by the Federal Aviation Administration Authorization Act of 1994, as amended (49 U.S.C.A. § 14501 et. seq.).
As used in this chapter, the following terms shall have the meanings indicated:
- The Onondaga County Resource Recovery Agency.
- AGENCY FACILITY
- Any facility operated by or designated by the Agency. Agency facilities include the Agency transfer stations at Ley Creek and Rock Cut Road, Rock Cut Road waste-to-energy facility, Agency landfill (when built), Agency yard waste composting facilities at Jamesville and Amboy, construction and demolition processing facility at Ley Creek and Agency-designated materials recovery facilities.
- APPROVED DISPOSAL SITE
- The Onondaga County waste-to-energy facility on Rock Cut Road in the Town of Onondaga.
- CONSTRUCTION AND DEMOLITION DEBRIS
- Discarded building material, concrete, stones, earth from excavations or grading and all other refuse material resulting from the erection, repair or demolition of buildings, structures or other improvements of property.
- The County of Onondaga.
- COUNTY-DESIGNATED RECYCLABLE MATERIALS
- Those recyclables designated by the County of Onondaga and the Onondaga County Resource Recovery Agency pursuant to Local Law No. 12 of 1989, including the following:
- CORRUGATED PAPER
- Cardboard containers, boxes and packaging, including pizza boxes, which are cleaned of contamination by food wastes or polystyrene, commonly called "styrofoam," and which have been flattened for transport.
- Empty, washed glass jars, bottles and containers of clear, green and amber (brown) that contained food and drink, caps removed. This term excludes ceramic, window glass, auto glass, mirror and kitchenware.
- All ferrous and nonferrous metals, including: steel, aluminum and composite cans and containers (cleaned of food wastes) and empty aerosol cans that did not contain hazardous material. Scrap metal, wire, pipes, tubing, motors, sheet metal, etc., are recyclable but must be recycled through scrap dealers.
- NEWSPAPERS, MAGAZINES AND CATALOGUES
- Includes common machine-finished paper made chiefly from wood pulp used for printing newspapers, as well as glossy inserts, magazines and catalogues. All must be free of contaminants.
- OFFICE PAPER
- All bond paper and also computer printout, stationery, photocopy and ledger paper of any color from all waste generators. Paper should, if possible, be free of tape, adhesives, labels, rubber bands, paper clips, binders and other contaminants. This term excludes carbon paper, chemical transfer paper and tyvek or plastic-coated envelopes.
- All HDPE- and PET-type plastic bottles (#1 and #2), including empty, washed food, beverage, detergent, bleach and hair care containers with lids removed. This term excludes all photographic film, vinyl, rigid and foam plastic materials, as well as plastics numbered 3 through 7 and HDPE oil bottles, as well as #1 and #2 containers that are not bottles or contained hazardous material.
- KRAFT PAPER
- As found in brown paper bags and package wrapping.
- BEVERAGE CARTONS
- Includes gable-topped paper cartons that contained milk and juice products.
- Paper packaging as found in cereal, cracker and tissue boxes, etc., and toilet tissue and paper towel tubes.
- MIXED PAPER
- Includes discarded and bulk mail, computer paper, colored paper, greeting cards, wrapping paper and carbonless multipart forms; excludes any paper coated with foil or plastic.
- That street curb immediately in front of the property from which solid waste material and recyclables to be collected are generated or, in the absence of an actual curb, that portion of the property which is immediately adjacent to the street.
- CURBSIDE COLLECTION
- The use of collection receptacles for residential, commercial and institutional solid waste generators and the regular periodic pickup and transfer of the contents of such receptacles by a hauler at the location of a waste generator.
- ELIGIBLE HOUSEHOLD
- A household residing in a dwelling of four units or less and which is required to utilize recycling containers.
- Any person, company or firm who engages in the collection, transportation, disposal or delivery of solid waste within our town.
- A. Any waste (excluding household hazardous waste) which is defined or regulated as a hazardous waste, toxic substance, hazardous chemical substance or mixture or asbestos (regulated waste) under federal, state or local law, or under rules, regulations, policies or guidelines issued in relation thereof, as they maybe amended from time to time, including, but not limited to:
- (1) The Resource Conservation and Recovery Act of 1976 (42 U.S.C. Sections 6901 et seq., as amended by the Hazardous and Solid Waste Amendments of 1984) and the regulations contained in 40 CFR Parts 260-281.
- (2) The Toxic Substances Control Act (15 U.S.C. Sections 2601 et seq.) and the regulations contained in 40 CFR Parts 761-766.
- (3) The State Environmental Conservation Law (Title 9 of Article 27) and the regulations contained in 6 NYCRR Parts 370, 371, 372, 373 (Subpart 373-3).
- B. Radioactive materials which are source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954 (42 U.S.C. Sections 2011 et seq.) and the regulations contained in 10 CFR Part 40; or
- C. Any other material that by federal, state or local law, or under rules, regulations, policies, guidelines or orders having the force of law in relation thereto, are regulated as harmful, toxic or hazardous to health and ineligible for processing at the Agency facility.
- LARGE HOUSEHOLD FURNISHINGS
- All other large and/or bulky articles actually used in the home and which equip it for living, such as chairs, sofas, tables, beds or carpets.
- MAJOR APPLIANCES
- A large and/or bulky household mechanism such as a refrigerator, washer, dryer, stove, furnace or hot water tank.
- MATERIALS RECOVERY FACILITY or MRF
- A private or public facility for receiving and processing recyclables into marketable commodities.
- MEDICAL WASTE
- Any solid waste which is generated in the diagnosis, treatment or immunization of human beings or animals, in research pertaining thereto or in the production or testing of biologicals.
- MUNICIPAL HAULER LICENSE
- The license issued by the town to a hauler as a prerequisite to performing solid waste collection services within the town's municipal limits.
- A natural person, association, partnership, firm, corporation, limited-liability company, trust, estate or governmental unit and any other entity whatsoever.
- Those recyclable materials, including county-designated recyclable materials, which can be practically separated from nonrecyclable waste for which reuse markets can be accessed for less than the cost of disposal.
- RECYCLING CONTAINER
- The blue bin or other container supplied by the Agency, county, the town or their designees for the use by eligible households within the town. Such containers shall be used exclusively for the storage of county-designated recyclable materials. Such containers shall at all times remain the property of the Agency.
- RECYCLING LAW
- The Onondaga County Source Separation Law, Local Law No. 12, adopted March 6, 1989, as subsequently amended.
- REGULATED MEDICAL WASTE
- Those medical wastes that have been listed in 6 NYCRR 364.9, Paragraph (c)(1), and that must be managed in accordance with the requirements of that part.
- SOLID WASTE
- All materials or substances discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including, but not limited to, garbage, refuse, residential, governmental, commercial and/or light industrial refuse, but shall not include recyclables, yard and garden waste, human wastes, rendering wastes, demolition wastes, residue from incinerators or other destructive systems for processing waste (other than now-existing individual building incinerators, the residue from which is presently collected as part of normal refuse collection practices), junked automobiles, pathological, medical, toxic, explosive, radioactive material or other waste material which, under existing or future federal, state or local laws, require special handling in its collection or disposal.
- Onondaga County's solid waste management system as operated by the Onondaga County Resource Recovery Agency and every aspect thereof, including, but not limited to, the Rock Cut Road waste-to-energy facility, Agency landfill (when built), yard waste composting facilities at Jamesville and Amboy, construction and demolition processing facility at Ley Creek and the Rock Cut Road and Ley Creek transfer stations.
- The Town of Geddes.
- TOWN BOARD
- The Town Board of the Town of Geddes.
- TOWN CLERK
- The Clerk of the Town of Geddes.
- WASTE GENERATOR
- Any person which produces solid waste requiring off-site disposal.
- YARD AND GARDEN WASTE
- Garden waste, leaves, grass clippings, weeds and brush.
It shall be a precondition of doing business as a hauler in the town that the person/firm intending to conduct such business obtain a municipal hauler license and a town sticker. An application on a form approved and provided by the town must be submitted to the Town Codes Enforcement Office in which the person satisfactorily shall be bound by the following provisions:
The hauler will deliver all of the nonrecyclable solid waste (residential and commercial) it collects within the town and destined for disposal in the State of New York to the approved disposal site specified in § 180-2 above. It shall be unlawful to unload or deposit any solid waste hauled from any premises within the limits of the town and destined for disposal in the State of New York at any place other than the approved disposal site specified by the town in § 180-2 above. Any hauler failing to dispose of said solid waste at the approved disposal site so designated shall be subject to having its license revoked.
The hauler will supply a plan of operation for collection and transportation and which provides for a recycling plan as required by Onondaga County Local Law No. 12 of 1989 as it applies to haulers, which it shall adhere to and comply with. The hauler shall agree to provide for the collection of county-designated recyclables in every waste hauler disposal agreement, written or oral, as part of its standard service and to include the cost of such collection in its standard waste collection rates.
The hauler shall attach a municipal sticker, which must be visibly and securely affixed to the driver's side vent window or upper part of the driver's side of the windshield of each of the hauler vehicles in operation.
Municipal hauler licenses issued pursuant to this chapter shall be effective for an annual term from January 1 through December 31 (one calendar year).
The town shall have the right to cancel any existing municipal hauler license upon 30 days' written notice to the hauler if the town shall enact legislation establishing a new system for collection of solid waste in the town that is inconsistent with the continuation of said license. The town shall revoke a municipal hauler license upon the happening of any or a combination of the following: failure of the hauler to comply with any provision of § 180-3 or § 180-4 of this chapter. Prior to any such revocation, the hauler shall be notified by the town of an opportunity for a hearing in the matter, which hearing shall be held not less than five days after the hauler is notified in writing by the town of the pending license revocation and the charges against it. All hearings shall be on a date and time and at a place determined by the town. The hearing shall be informal and held before the Town Supervisor or his/her designee. Compliance with technical rules of evidence shall not be required, and the decision of the Town Supervisor or his/her designee shall be final.
The town hereby adopts as its source separation legislation, required pursuant to General Municipal Law, § 120-aa, the Onondaga County Source Separation Law (i.e., Local Law No. 12 of 1989) as adopted by the Onondaga County Legislature and subsequently amended under its terms.
No hauler shall dispose of county-designated recyclable materials picked up in our town as solid waste nor shall any hauler accept county-designated recyclable materials for disposal as solid waste.
Recycling containers shall at all times remain the property of the Agency or town, as the case may be, and are provided for the use and convenience of eligible households in complying with this chapter. No hauler shall:
Remove a recycling container from the town;
Willfully destroy a recycling container;
Dispose of a recycling container other than by returning such container to the town at a designated location; or
Use a recycling container for other than the temporary storage of county-designated recyclable materials.
The Town Board may, by resolution, designate and impose such other fees as it deems reasonable and appropriate in relation to the collection and disposal of any solid waste. After any such fees are imposed, the manner of implementation and collection shall be by regulation of the Town Board or its designee not inconsistent with the terms of the resolution imposing such fees. The Town Board by resolution, also from time to time, may establish fees to defray expenses in connection with the fee for the municipal hauler license and administration of this chapter. Fees shall be paid by the applicant at the time of application.
Haulers shall not collect solid waste in the town on Sundays, Thanksgiving or Christmas.
In consideration of the town issuing a municipal hauler license to an applicant, the applicant shall agree, upon the issuance of such license to the applicant, that the applicant shall indemnify, hold harmless and defend the town and its officers and employees from and against any and all claims, demands, losses, damages, costs, payments, actions, recoveries, judgments and expenses of every kind, nature and description, including without limitation all engineers' and attorneys' fees, fines, penalties and clean-up costs resulting from any such claim, etc., arising out of or connected in any way with the applicant's acting as a hauler or the applicant's involvement or participation in the collection, distribution or transportation of solid waste.
The hauler, as a condition of obtaining a municipal hauler license, shall provide and maintain the following insurance coverages at limits to be set from time to time by resolution of the Town Board:
The public liability policy aforementioned shall name the Town of Geddes as an additional insured.
Each policy of insurance shall be endorsed to contain the following language: "The town will be given 30 days prior written notification of any cancellation, nonrenewal or modification of this policy which reduces coverage or limits at the following address: Town Clerk, Town of Geddes, 1000 Woods Road, Solvay, New York 13209."
Prior to the issuance of any municipal hauler license, the hauler must provide to the Town Codes Office proof of insurance coverage in a form to be determined from time to time by resolution of the Town Board.
Haulers shall not operate earlier than 7:00 a.m., nor later than 9:00 p.m.
Where certain solid waste, recyclables and/or other waste materials were not collected because those materials were not placed or prepared by the waste generator in accordance with the provisions of this chapter, the person who placed such materials for collection and the owner of the property adjoining the curb where such waste materials were placed shall remove those wastes from the location as soon as possible after the hauler has refused collection and, in any event, by 6:00 p.m. on the designated collection day.
The collection, removal and carrying of solid waste, recyclables and/or material, and the transportation of solid waste, paper and recyclables, on any highway, street, alley or lane of the town must be done in covered vehicles. No hauler shall throw or scatter or cause to be scattered or deposited or to escape from the vehicle any solid waste or recyclables on the streets or public places.
Yard and garden waste may not be accepted for disposal at any Agency facility but may be accepted for recycling at a yard waste composting facility of the hauler's choice within the county or taken elsewhere.
Except as specifically permitted in this chapter, no hauler shall deposit or cause to be deposited or stored for more than one day upon any property any solid waste and/or recyclables, and dumping thereof is hereby prohibited. No leachate or other obnoxious or contaminating substance shall be allowed to drain from any hauler vehicle on the public streets.
No hauler shall suffer or permit solid waste to accumulate or remain upon private premises, including extended storage in hauler vehicles owned or operated by that hauler, so that the same shall emit odors or become offensive or dangerous to the public health or to any person or property.
No hauler shall bury or burn any solid waste and/or recyclables or cause to be buried or burned any solid waste and/or recyclables, papers, trash, hazardous waste and/or materials within the limits of the town, unless authorized to do so in writing by the Town Board.
This chapter shall also apply to all special events held in the town. The sponsor of said events shall be responsible for sorting all solid waste materials into appropriate containers or bags and making all arrangements for pickup and disposal of all solid waste materials. The hauler may charge a fee to be determined by the Town Board for such pickups and disposal.
In addition to the above-provided penalties and revocations, or in lieu thereof, the Town Board may also institute and maintain an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with or to restrain by temporary restraining order, preliminary and/or permanent injunction any violation of this chapter.
This chapter shall be enforced by the Town Code Enforcement Officer, Town Police Department, Town Building Inspector, Town Fire Inspector, Superintendent of Highways, Onondaga County Sheriffs Department, New York State Police, Department of Environmental Conservation Officers and all local law enforcement agencies.
The failure of a hauler to comply with the provisions of this chapter shall be considered a violation subject to the following specified fines for each offense pursuant to § 80.05 (4) of the Penal Law as well as for corporate officers, directors and officials except for corporations in their corporate capacity which shall be fined pursuant to § 80.10 of the Penal Law. Each day's violation shall be considered a new and separate offense subject to a separate penalty as fixed below. Any fines collected under this chapter shall inure to the town and shall be deposited in the town general fund to use as it deems appropriate.
If any paragraph, section, sentence or portion of a sentence of this chapter shall be found and determined to be invalid, unlawful and/or unconstitutional, such determination shall not invalidate or void any other paragraph, section, sentence or portion thereof, and such other parts thereof shall remain in full force and effect unless and until legally revoked, modified and/or amended.
[Added 11-9-2004 by L.L. No. 6-2004]
Receptacles used for storage of garbage and refuse materials shall be watertight and shall meet the following specifications:
Trash cans shall be of a durable grade of galvanized metal or other suitable material approved by the Town Highway Superintendent, from 20 to 32 gallons' capacity and weighing less than 25 pounds empty or 50 pounds fully loaded with normal refuse. They shall be provided with two lifting handles on opposite sides and a tightly fitting cover with a lifting handle. The can shall be without inside protrusions, and the refuse shall be loosely packed so that the contents shall discharge freely when the receptacle is inverted.
Refuse bags skill be made of heavy, multiple-ply paper or polyethylene or ethylene copolymer resin and designed for outdoor storage of refuse. Bags must be securely tied or sealed to prevent emission of odors, be of a material so liquids and greases will not be able to penetrate through the material and be of sufficient thickness and strength to contain the refuse enclosed without tearing or ripping under normal handling.
Grass and other yard waste shall be placed in appropriate receptacles as determined by the Town Highway Superintendent.
These receptacle limitations shall not apply to special bulk waste pickups appropriately arranged with the Town Highway Department.
Building materials and similar refuse and debris caused by the work of contractors, tradesmen or workmen shall not be placed in the receptacles required by this section, but shall be lawfully disposed of by the contractors, tradesmen or workmen, who may dispose of the materials on their own or who may obtain a permit for such disposal from the Town Highway Department to utilize the Town disposal system.
Garbage containers that have deteriorated to the extent of having jagged or sharp edges capable of causing injury to those whose duty it is to handle these containers or to such extent that the lid does not fit tightly and securely shall be condemned by the Town. A record shall be made and no further service shall be made by the Town until the condemned container is replaced.
Garbage containers that are so overloaded that the lid will not fit securely on the container will not be picked up by collection authorities.
It shall be unlawful for any person, other than the property owner or resident of the premises placing the containers, to remove, handle or otherwise disturb garbage containers or their contents, which have been placed for collection by the Town collection authorities.
The Town Highway Superintendent may designate the location for placement of debris and other waste for pickup by the Town collection authorities.
No person shall cause or permit any garbage or other debris to accumulate or remain on private premises so that the same shall emit odors or become offensive or dangerous to the public health or safety or to any person or property.
No person shall place bulk waste items for disposal outside on private property without appropriately arranging for pickup and disposal of said items with the Town Highway Department.
No person or entity shall bring in, place, deposit or cause to be brought, placed or deposited in the Town any garbage, recyclables, trash, paper, hazardous waste, material or ashes originating outside the Town for the purpose of disposing of the same within the Town.
No person or entity who is a resident of the Town or owner, lessee or person in control of real property within the Town shall permit any person or entity to bring in, place, deposit or cause to be brought, placed or deposited in the Town any garbage, recyclables, trash, paper, hazardous waste, material or ashes originating outside the Town for the purpose of disposing of the same within the lawn.
Any person found guilty of a violation of this article shall be punished by a fine of not more than $250, imprisonment for not more than 15 days, or both fine and imprisonment.
Where appropriate, and in addition to any other remedies, fines or penalties otherwise available, violations of this article may be remedied directly by the Town of Geddes upon failure of the property owner to remedy stated violation(s) within 48 hours of receipt of written notice from the Town Code Enforcement Officer. In instances where the property owner is not an occupant of the property, written notice shall be provided to the occupant and duplicate written notice shall be mailed to the property owner at the address listed on the most recent tax records. The costs of said remedial action, including any and all tipping fees and an overhead charge of 20%, shall be billed to the owner of the property at which the violation(s) occurred. Prior to the imposition of said costs and within 10 days of the Town's remedial action, the property owner may request a hearing before the Town Board regarding the costs. Should said costs remain unpaid for a period of 90 days following the Town Board hearing and a decision adverse to the person charged, as the case may be, these costs shall be added to the real property tax bill next rendered to the property owner.