Village of Springville, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Springville 10-7-1991 as L.L. No. 12-1991 (Ch. 79 of the 1979 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass, trees and weeds — See Ch. 70.
Nuisances — See Ch. 118.
The Board of Trustees of the Village of Springville finds that:
A. 
The current collection and disposal of garbage and waste is not adequate to meet the Village of Springville's long-term solid waste disposal needs.
B. 
Continued use of landfills for solid waste disposal poses a threat to human health and safety through increased risk of groundwater pollution and other environmental, health and safety hazards.
C. 
Removal of certain materials from the solid waste stream will decrease the flow of solid waste to landfills, aid in the conservation of valuable resources and reduce the required capacity of existing and proposed resource facilities.
D. 
The New York Solid Waste Management Act of 1988 and subsequent amendments thereto require that municipalities adopt a local law for separating solid waste into recyclable, reusable or other components for which economic markets for alternate uses exist.
E. 
Methods of solid waste management emphasizing resource reduction, recovery, conservation and recycling of solid wastes are essential to the long-range preservation of the health, safety and well-being of the public, to the economic productivity and environmental quality of the Village of Springville and to the conservation of resources.
In enacting this chapter, the Board of Trustees of the Village of Springville supports the following statutory purposes:
A. 
To increase the life expectancy of existing and potential landfill areas and decrease the need for alternative refuse disposal facilities through a comprehensive program of waste stream reduction and recycling.
B. 
To decrease the threat to human health and safety posed by the effects of landfill disposal on groundwater quality.
C. 
To identify methods of collection, reduction and separation which will encourage the more efficient utilization of solid waste disposal facilities and contribute to more effective programs for the reuse of solid wastes.
D. 
To ensure the long-range preservation of the health, safety and well-being of the public and the economic productivity and environmental quality of the Village of Springville by conserving resources and reducing the potential for pollution of the environment.
E. 
To conserve energy by using recovered materials in manufacturing.
F. 
To improve the efficiency of waste-to-energy facilities by removing metals and glass from the waste stream.
G. 
To set forth a methodology for efficiently separating and collecting reusable and recyclable materials from the community's waste stream.
H. 
To implement the applicable provisions of the New York State Solid Waste Management Act of 1988 and amendments thereto.
As used in this chapter, the following terms shall have the meanings indicated:
HAZARDOUS WASTE
May include but is not limited to the following products and their empty containers: insecticides, herbicides and caustic chemicals. "Hazardous wastes" generally display one or more of the qualities of ignitability, corrosivity, reactivity or toxicity.
A. 
That portion of the waste stream not included under recyclables and not treated separately as:
(1) 
Hazardous waste as defined under regulations promulgated pursuant to § 27-0903 of the New York State Environmental Conservation Law;
(2) 
Source, special nuclear or by-product material as defined in the United States Atomic Energy Act of 1954;
(3) 
Low-level radioactive waste as defined in § 29-0101 of the New York State Environmental Conservation Law; or
(4) 
Regulated medical waste as defined under regulations promulgated pursuant to § 27-1502 of the New York State Environmental Conservation Law.[1]
B. 
"Nonrecyclables" include but are not limited to:
(1) 
Putrescible solid waste, including animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking or serving of foods, except grease generated from commercial establishments. "Garbage" originates primarily in home kitchens, stores, markets, restaurants and other places where food is stored, prepared, sold or served.
(2) 
Rags, sweepings, excelsior, rubber, leather, crockery, shells, clothing, straw, dirt, filth, wastepaper including magazines and noncorrugated cardboard and similar waste material, including plastic, metal and wood scraps.
(3) 
Large and/or bulky articles normally used in the home and which equip it for living, such as chairs, sofas, tables, beds, carpets and other such large household items.
(4) 
Waste resulting from remodeling or repair of structures or from new construction.
NR BAG
A bag with the Village of Springville's imprint specially provided and sold by the village or its authorized resale dealers to be used for the disposal of nonrecyclables in accordance with this chapter.
NR STICKER
A serially numbered sticker with the Village of Springville's identifying imprint specially provided and sold by the village or its authorized resale dealers to be used for attachment to plastic bags containing nonrecyclables for disposal in accordance with this chapter.
[Added 12-6-1999 by L.L. No. 8-1999]
PERSON
Natural persons, corporations, partnerships, sole proprietorships, unincorporated associations or any and all combinations of such persons acting in concert.
RECYCLABLES
Include but shall not be limited to the following:
A. 
Aluminum cans (containers fabricated primarily of aluminum and commonly used for soda, beer or other beverages).
B. 
Metal cans (containers fabricated primarily of metal or tin, but not including aluminum cans).
C. 
Glass bottles (transparent or translucent glass jars, bottles and other containers which are primarily used for packaging and bottling of various matters).
D. 
Newsprint (the common, inexpensive, machine-finished paper made chiefly from wood pulp and used for newspapers. This term includes common newspapers but excludes glossy newspapers and glossy inserts and magazines).
E. 
Plastic containers (those plastic containers normally used for household purposes, such as plastic milk containers, laundry detergent containers, common plastic food containers, as defined in the Eric County Recycling Guide, and dish soap containers. This term excludes plastic bags and Styrofoam containers).
F. 
Large appliances (stoves, refrigerators, dishwashers, dryers, washing machines and other such large appliances).
G. 
Brush (cuttings from shrubs, hedges and trees which are less than 10 feet in length).
H. 
Leaves.
I. 
Vehicular tires and tire casings.
J. 
Batteries, motor oil, paint and containers for the same.
K. 
Clippings (grass clippings and other such small vegetation cuttings from lawns, flowers, gardens, etc.).
L. 
Corrugated cardboard.
[Added 6-2-1993 by L.L. No. 3-1993]
RESIDENCE
A single dwelling unit designed for occupation by one or more persons as a single household.
WASTE MATERIAL
Includes all recyclables and nonrecyclables which make up the waste stream and which are eligible for curbside pickup under this chapter. "Waste material" does not include the following items, which are not eligible and which will not be picked up by the Village of Springville or any agency or agent thereof:
A. 
Hazardous waste as defined under regulations promulgated pursuant to § 27-0903 of the New York State Environmental Conservation Law.
B. 
Source, special nuclear or by-product material, as defined in the United States Atomic Energy Act of 1954.
C. 
Low-level radioactive waste, as defined in § 29-0101 of the New York State Environmental Conservation Law.
D. 
Regulated medical waste, as defined under regulations promulgated pursuant to § 27-1502[2] of the New York State Environmental Conservation Law.
[1]
Editor's Note: Section 27-1502 was repealed by L. 1993, c. 438, § 11, effective 11-23-1993.
[2]
Editor's Note: Section 27-1502 was repealed by L. 1993, c. 438, § 11, effective 11-23-1993.
A. 
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 Board of Trustees of the Village of Springville, either by the Board of Trustees directly or through its designated representative, as determined by resolution of the Board of Trustees.
B. 
All waste material shall be separated, prepared for collection and collected in accordance with the provisions this chapter.
[Amended 6-2-1993 by L.L. No. 3-1993]
C. 
The Village of Springville shall have no obligation to collect and shall not collect or remove any waste material not prepared for collection in accordance with this chapter.
D. 
The Village of Springville shall have no obligation to collect and shall not collect or remove any waste material placed for collection at or near the curb or edge of the street which was not produced or generated within the premises upon which it is so placed, and the placing for such collection of any garbage, rubbish or other waste material originating at a location other than the one upon which it is placed for collection is hereby prohibited.
[Amended 6-2-1993 by L.L. No. 3-1993]
Waste material shall be prepared for collection in accordance with Subsections A through N of this section. No person shall dispose of waste material except as follows:
A. 
Containers; NR bags and stickers.
[Amended 12-6-1999 by L.L. No. 8-1999]
(1) 
Acceptable containers for recyclables, unless otherwise stated in this chapter, shall be provided by the waste generator and shall be separate, galvanized or rigid plastic containers with two handles or a single rigid fall-away loop handle connected to opposite sides of the container. Such containers shall not exceed 33 gallons' capacity and when filled shall not exceed 50 pounds in weight, including the container.
(2) 
Preparation of nonrecyclables for pickup.
(a) 
Nonrecyclables placed for pickup by the village or its authorized contractor shall:
[1] 
Be contained in a securely closed NR bag;
[2] 
Be contained in a securely closed plastic bag having a capacity no greater than 33 gallons with an NR sticker firmly and permanently attached; or
[3] 
In the case of large nonrecyclable items not able to be placed in such plastic bag, shall have an NR bag or NR sticker securely attached to such item.
(b) 
The fee for a single use of such NR bag or NR sticker and any rules for their distribution, sale and acceptable use shall be as established from time to time by resolution of the Board of Trustees of the Village of Springville.[1]
[1]
Editor's Note: A fee schedule is on file in the village offices.
(c) 
No person shall place nonrecyclables at the curb or pavement edge for collection unless such nonrecyclables are either:
[1] 
Contained in an NR bag or in a plastic bag with an NR sticker firmly and permanently attached that in either case, when filled, weighs no more than 50 pounds; or
[2] 
Properly sized and bundled or otherwise prepared for pickup in accordance with this chapter and have an NR bag or NR sticker attached to each bundle or to each separate item of nonrecyclable waste that will not fit in an NR bag or other plastic bag with an NR sticker attached.
(d) 
All parts of a single identifiable item of large household furnishings (such as a bed, chest of drawers or sectional furniture) shall be considered one item requiring only one NR bag or NR sticker for all of its parts.
(e) 
Carpet shall be bundled and prepared for collection as construction debris.
B. 
Aluminum and metal cans shall be separated from nonrecyclables and other recyclables. Aluminum and metal cans so separated shall be clean of contents, have paper or plastic labels removed and be placed in a separate reusable can or other container as described in Subsection A(1) of this section.
C. 
Newsprint shall be separated from nonrecyclables and other recyclables and placed at curbside or pavement edge in bundles securely tied with string or placed in sufficiently strong brown paper bags. Such bundles shall not exceed 25 pounds in weight. In the event of inclement weather, such bundles shall be placed in disposable transparent plastic bags having a thickness of at least 1.5 mil. When filled, each such bag shall weigh no more than 25 pounds.
D. 
Glass bottles shall be separated from nonrecyclables and other recyclables. Glass bottles so separated shall be clean of contents, with caps, lids and all other metals and nonglass parts removed and placed in separate reusable containers as described in Subsection A(1) of this section.
E. 
Plastic containers shall be separated from nonrecyclables and other recyclables. Plastic containers shall be clean of contents, with caps and lids removed, and placed in separate reusable containers as described in Subsection A(1) of this section.
F. 
Large appliances shall be prepared for collection by dismantling in such a way that they will not be a hazard to the public. Doors shall be removed before placing at the curb for collection.
G. 
Garbage and rubbish shall be separated from recyclables and other nonrecyclables and placed in NR bags or in bags with NR stickers attached as described in Subsection A(2) of this section.
[Amended 12-6-1999 by L.L. No. 8-1999]
H. 
Construction debris shall be separated from recyclables and other nonrecyclables and placed in NR bags or in bags with NR stickers attached as described in Subsection A(2) of this section or bundled in no more than four-foot lengths not to exceed 50 pounds per bundle, with an NR bag or sticker attached to each bundle. All nails must be removed and all bundles securely tied with string or rope.
[Amended 12-6-1999 by L.L. No. 8-1999]
I. 
Brush shall be placed parallel with the curb or pavement edge and cut in less than ten-foot lengths. Brush less than four feet long shall be securely bundled, tied with string or rope and shall not exceed 50 pounds in weight.
J. 
Clippings and leaves placed at the curb shall be separated from nonrecyclables and other recyclables and shall be placed in open reusable containers in accordance with Subsection A(1) of this section, which container shall not exceed 50 pounds in weight, including the container.
K. 
Tires, batteries, motor oil and paint shall be separated from other recyclables and nonrecyclables and brought to an area and at a time designated by resolution of the Board of Trustees of the Village of Springville.
L. 
At times designated by resolution of the Board of Trustees for seasonal vacuum or other pickup method, leaves may be raked in piles parallel and adjacent to the curb or pavement edge for collection and shall not be placed in containers. At all other times, leaves shall be prepared for pickup in accordance with Subsection J of this section.
M. 
Corrugated cardboard shall be separated from nonrecyclables and other recyclables and tied with string or rope in separate bundles no longer than six feet and weighing no more than 50 pounds.
N. 
Ashes, sand and all other miscellaneous nonhazardous and nonrecyclable material shall be placed in NR bags or in bags with NR stickers attached in accordance with Subsection A(2) of this section and shall not exceed 50 pounds in weight.
[Amended 12-6-1999 by L.L. No. 8-1999]
[Amended 6-2-1993 by L.L. No. 3-1993]
Waste material shall be collected as follows:
A. 
The collection schedule shall be as follows:
Waste Material
Scheduled Collection
Corrugated cardboard
Weekly on a designated day*
Garbage and rubbish
Weekly on a designated day*
Glass bottles, newsprint, plastic containers
Weekly on a designated day*
Aluminum cans
Weekly on a designated day*
Metal cans
Weekly on a designated day*
Large appliances
*
Large household furnishings
*
Leaves
*
Clippings
*
Brush
*
Paint, batteries, motor oil, tires
*
Construction debris
*
NOTES:
*As specified by resolution of the Village Board of Trustees.
B. 
Collection commences at 6:00 a.m. on the scheduled date of pickup. To ensure that all waste material is collected, it must be at the curb or pavement edge no later than 6:00 a.m. on the day of collection, and no material may be placed at the curb or pavement edge before 6:00 a.m. of the day preceding the scheduled collection. No bundles of waste materials or containers or receptacles for waste materials shall be placed closer to the street than the front wall of any building or structure within the village except at such time or times as the village shall specify for collection as provided in this section.
C. 
Empty containers and their covers and any uncollected waste shall be removed from the curb or pavement edge or other place of collection by the occupants of the premises before the end of the day on which collection is scheduled to be made from the premises.
A. 
From the time any person places any recyclable materials at the curb or pavement edge for purposes of collection by the Village of Springville or its designated representatives or agent, those recyclable materials shall become the property of the Village of Springville or its authorized agent. No person who is not acting under authority of the Village of Springville 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, pickup or removal shall constitute a separate violation of this chapter; provided, however, that where the Village of Springville has refused to collect certain recyclables because they have not been placed or treated in accordance with the provisions of this chapter, the person responsible for initially placing those materials for collection may and shall remove those materials from any curb, sidewalk or pavement edge.
B. 
Nothing in this chapter shall prohibit any person from making arrangements for private collection of recyclables, provided that recyclables to be privately collected shall not be placed at the curb or pavement edge on or immediately preceding the day for municipal collection of such recyclables; and provided, further, that any container used for private collection shall meet the requirements set forth in § 145-5 or such bulk container or dumpster requirements relating to public health and safety as may be established from time to time by resolution of the Board of Trustees of the Village of Springville.
C. 
Nothing in this chapter shall be construed to prohibit any person from separating recyclables from other waste material to be collected by a private collector and placing such recyclables properly contained in accordance with § 145-5 at the curb or pavement edge for collection by the Village of Springville at the designated time as provided in § 145-6.
A. 
The Village of Springville, or any person who is acting under contract with the Village of Springville for the collection of waste material, shall not be responsible to collect more than a total of eight NR bags containing nonrecyclables or bags with NR stickers attached per week from any residence or commercial establishment. Therefore, no person shall place more than a total of eight NR bags or bags with NR stickers attached per week from a single residence or commercial establishment for collection by the Village of Springville or its authorized contractor. This limitation shall not apply to recyclable containers or materials.
[Amended 6-2-1993 by L.L. No. 3-1993; 12-6-1999 by L.L. No. 8-1999]
B. 
Nothing in this chapter shall prohibit any person from making arrangements for the private collection of nonrecyclables in excess of the limitations set forth in this chapter, provided that any container used for private collection shall meet the requirements set forth in § 145-5 or such bulk container or dumpster requirements relating to public health and safety as may be established from time to time by resolution of the Board of Trustees of the Village of Springville.
A. 
Public property. No person shall place, throw or deposit or cause to be placed, thrown or deposited any garbage, rubbish, paper, trash, hazardous waste or any other material which is the subject of this chapter upon any sidewalk, street, alley, lane, gutter or any public ground in the village or into any stream or upon the banks of any stream running through or adjacent to said village.
B. 
Private property. No person shall place, throw or deposit or cause to be placed, thrown or deposited any garbage, rubbish, paper, trash, hazardous waste or any other material which is the subject of this chapter upon the private property of any other person.
C. 
Burning or burying. No person shall bury or burn or cause to be buried or burned any garbage, rubbish, paper, trash, hazardous waste or any other material which is the subject of this chapter within the village limits unless authorized to do so, in writing, by the Board of Trustees.
D. 
Storage or accumulation. No person shall place, throw, deposit, store or accumulate or cause or allow such placing, throwing, depositing, storing or accumulating of any garbage, rubbish, paper, trash, construction debris, hazardous waste or any other material which is the subject of this chapter within the corporate limits of the Village of Springville unless placed, thrown, deposited, stored or accumulated in an acceptable container as defined by § 145-5 and promptly placed at the curb or pavement edge for collection in accordance with the requirements of this chapter.
E. 
Nothing in this chapter shall be construed to prohibit the maintenance of up to three compost piles or bins located in the rear yard of residential, commercial or industrial property in which each compost pile/bin has a base area no greater than 64 square feet and is enclosed by wire, plastic, wood or other suitable material which adequately contains the compost.
[Amended 12-1-1997 by L.L. No. 6-1997]
The collection, removal and carrying of garbage, rubbish, trash, paper, hazardous waste or any other material which is the subject of this chapter on any highway, street, alley or lane of the village must be done in covered watertight vehicles which shall be in accordance with the rules and regulations of the New York State Department of Motor Vehicles and the New York State Department of Environmental Conservation. No garbage, rubbish, trash, paper, hazardous waste or any other material which is the subject of this chapter shall be spilled or scattered along the streets or public places, and the vehicles used for the collection and transportation of such material shall not be allowed to stand or tarry along the public streets for a longer time than shall be reasonably necessary for the loading of the same.
A. 
Material originating outside the village. No person shall bring in, place or deposit or cause to be brought into, placed or deposited in the village any garbage, rubbish, trash, paper, hazardous waste or any other material which is the subject of this chapter originating from outside the Village of Springville for the purpose of having the same collected by the village, its agents or contractors.
B. 
Permitting disposal of material from outside the village. No person who is a resident of the village or owner, lessee or person in control of real property within the village shall permit any person to bring in, place or deposit garbage, rubbish, trash, paper, hazardous waste or any other material which is the subject of this chapter originating outside the village on any property owned, leased or rented by such person or under such person's control. This section shall not apply to any waste transfer station operated by the County of Erie.
A. 
The Village of Springville shall not be required to collect any waste material which has not been separated and secured or contained as required by the provisions of this chapter or other applicable law, resolution or regulation of the Village of Springville Board of Trustees. A violation of this chapter, other than § 145-11, shall constitute a violation as defined in the Penal Law and shall be punishable, upon conviction thereof, as follows:
[Amended 12-1-1997 by L.L. No. 6-1997]
(1) 
For a first conviction, by a fine of $75.
(2) 
For a conviction of a second violation within one year, by a fine of $100.
(3) 
For a conviction of a third violation within one year, by a fine of $150.
(4) 
For a conviction of a fourth violation within one year, by a fine of not less than $150 nor more than $300.
B. 
A violation of § 145-11 shall constitute a misdemeanor, as defined in the New York State Penal Law, punishable, upon conviction thereof, by not more than six months' imprisonment and/or a fine not exceeding $1,000.