[HISTORY: Adopted by the Town Board of the
Town of Evans as indicated in article histories. Amendments noted
where applicable.]
[Adopted 8-19-1992 by L.L. No. 6-1992]
This article shall be known as the "Solid Waste
Law of the Town of Evans."
The Town Board of the Town of Evans has determined
that:
A.
The reduction, reuse, recycling and proper disposal
of solid waste are important public concerns and will benefit public
health, safety and welfare and aid in preservation of the environment.
B.
The Solid Waste Management Act of 1988 mandates the
adoption of a source separation law by each municipality within New
York State by September 1, 1992.
C.
The program established hereunder for the separation,
preparation, collection and disposal of solid waste shall be under
the supervision of the Town Board of the Town of Evans, directly or
through its designated agencies or representatives, as determined
by the Town Board.
The following words and phrases used throughout
this article shall have the following meanings:
The spot or area, curbside or otherwise, specified as the
site for placement of solid waste which has been prepared for collection.
The Town Board may prescribe standards for designating and maintaining
a "collection site" by rule, regulation or order, as it deems appropriate.
Those items of solid waste, excluding recyclable
waste and special solid waste, as defined herein, designated by the
Town Board as eligible for curbside pickup. "Nonrecyclable waste"
includes, but is not limited to:
Garbage: putrescible solid waste, including
animal and vegetable waste resulting from the handling, storage, sale,
preparation, cooking and serving of foods.
Rubbish: rags, sweepings, excelsior, rubber
(other than vehicular tires), leather, crockery, shells, clothing,
straw, dirt, filth, wastepaper and waste glass not meeting the definition
and/or specifications for recyclable waste and similar waste materials.
The above list may be modified by rule, regulation
or order of the Town Board, as the need arises.
Any person who generates solid waste in the Town of Evans
and who is not a residential generator, as defined herein.
Any individual, natural person, firm, partnership, association,
corporation, institution or other entity.
A person, firm, partnership, corporation or other legal entity
providing services for the collection, transportation and/or disposal
of solid waste, duly licensed by the Town of Evans pursuant to this
article.
Those materials designated by the Town Board as requiring
separation from all other solid waste at the source of generation.
They include, but are not limited to, corrugated cardboard, high-grade
paper, newspapers, magazines, aluminum and metal beverage containers,
clear glass bottles and jars and plastic containers designated No.
1 and No. 2 on their recycling codes. The above list of materials
may be modified by rule, regulation or order of the Town Board, as
the need arises.
Any person, including a lessee or other person in possession,
who generates solid waste on or at a site or parcel which is a part
of the Town of Evans Garbage District.
All putrescible and nonputrescible materials that have been
discarded or rejected, including but not limited to recyclable, nonrecyclable
and special solid waste, as defined herein, garbage, refuse and rubbish
resulting from residential, commercial, industrial and community activities.
Not included are hazardous wastes as identified and defined by the
New York State Department of Environmental Conservation.
All other solid waste or other waste materials not identified
or treated as either recyclable waste or nonrecyclable waste herein,
including but not limited to:
Major appliances: stoves, refrigerators, dishwashers,
dryers, washing machines, sinks, toilets and other similar large appliances.
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, carpets and similar
items.
Green waste: leaves, grass clippings from lawns,
flowers or gardens, brush and cuttings from shrubs, hedges and trees
which are not reused or composted but are intended for disposal as
part of the waste stream.
Construction and demolition debris: discarded
building materials, concrete, stones, waste earth from excavations
or grading and all other refuse matter resulting from the erection,
repair, remodeling or demolition of buildings, structures or other
improvements of property.
Vehicular tires or tire casings, batteries,
motor oil, paint and containers for the same.
Hazardous waste: as defined in the New York
State Environmental Conservation Law, Article 27, and also including,
but not limited to, low-level radioactive waste and special nuclear
or by-product material as defined by Article 29 of the Environmental
Conservation Law and the United States Atomic Energy Act of 1954,
respectively.
Such container as shall, from time to time, be designated
as acceptable for the collection of recyclable waste, nonrecyclable
waste or special solid waste for residential generators by resolution
of the Town Board and for nonresidential generators by their private
collectors, in compliance with this article.
A.
No person shall prepare solid waste for collection
and disposal except as provided herein:
(1)
Recyclable waste shall be separated from other solid
waste at the point of waste generation.
(2)
Recyclable waste from residential generators shall
be separated from other solid waste and placed in one or more suitable
containers for curbside collection, prepared for collection in such
manner as may be required by rule, regulation or order of the Town
Board.
(3)
Recyclable waste from nonresidential generators shall
be separated from other solid waste and placed in one or more suitable
containers for collection, prepared for collection in such manner
as may be specified by their private collector(s). All such specifications
from private collectors shall comply, in all respects, with the purpose,
intent and requirements of this article.
(4)
Nonrecyclable waste from residential generators shall
be separated from other solid waste and placed in suitable containers
for curbside collection, in such allowable quantities and prepared
for collection in such manner as may be required by rule, regulation
or order of the Town Board.
(5)
Nonrecyclable waste from nonresidential generators
shall be separated from other solid waste and placed in suitable containers
and prepared for collection in such manner as may be specified by
their private collector(s). All such specifications from private collectors
shall comply, in all respects, with the purpose, intent and requirements
of this article.
(6)
Recyclable waste and nonrecyclable waste shall not
be commingled with each other or with other solid waste at any point
during its preparation for collection, and it shall be a violation
of this article for any person to prepare and set out for collection
any can, container or bag containing solid waste which has not been
separated and prepared as required herein.
B.
Nothing herein shall prevent any person from making
arrangements for the private sale or donation of recyclable or reusable
goods, provided that such private sale or donation is undertaken in
good faith and without the intention of circumventing the purpose,
intent and requirements of this article.
It shall be a violation of this article for
any person to collect, pick up, remove or dispose of or allow to be
collected, picked up, removed or disposed of any solid waste within
the Town of Evans except as provided in this article.
A.
Recyclable and nonrecyclable waste from residential
generators shall be collected and disposed of by the Town of Evans,
or its authorized collector, in the manner and at the times and places
as may be specified from time to time by rule, regulation or order
of the Town Board.
B.
No residential generator shall mix or cause to be
mixed with his recyclable and/or nonrecyclable waste prepared for
collection and disposal by the Town of Evans or its authorized collector
any solid waste not generated by such residential generator within
the Town of Evans.
C.
Neither the Town of Evans nor its authorized collector
shall have any obligation to collect, and shall not collect, any solid
waste not prepared for collection in accordance with this article.
D.
Recyclable waste placed at the curbside or other appropriate
place for collection by the town, as provided herein, shall become
the property of the Town of Evans upon placement at the collection
site. No person who is not acting under authority of the Town of Evans
or its authorized collector shall collect, pick up or remove or cause
to be collected, picked up or removed any recyclable waste so placed
for collection. Each unauthorized collection, pickup or removal shall
constitute a separate violation of this article; provided, however,
that where the Town has refused to collect certain recyclables because
they have not been prepared and placed for collection in accordance
with this article, the residential generator may and shall remove
such recyclables from the collection site.
E.
All other solid waste from residential generators,
including but not limited to construction and demolition debris, major
appliances, large household furnishings, tires and auto batteries
and green waste, shall be collected and disposed of by private collectors,
duly permitted by the Town under this article. The Town Board may,
from time to time, authorize special collection and disposal programs
for one or more of these items, on such terms and conditions as it
may deem appropriate.
[Added 12-15-1993 by L.L. No. 13-1993]
No person, resident or nonresident, shall throw,
deposit or dump or cause to be thrown any garbage, rubbish, solid
waste or recyclable or nonrecyclable waste of any type on any public
highway, street, roadside or land, whether developed or undeveloped,
within the Town of Evans.
All solid waste from nonresidential generators
shall be collected and disposed of by licensed private collectors,
in accordance with the requirements of this article.
A.
No person shall collect, pick up or remove for disposal,
for a fee, any solid waste from any residential or nonresidential
generator in the Town of Evans without first obtaining a solid waste
collection license (SWC license) from the Town Clerk.
B.
The application for the SWC license shall be on such
forms as are prescribed by rule, regulation or order of the Town Board.
Each application shall be completed by the applicant or a duly authorized
representative of the applicant, shall be accompanied by the appropriate
fee and shall contain, at a minimum, the following:
(1)
The name, business address and business telephone
and facsimile number(s) of the private collector.
(2)
A description of the specific types of solid waste
to be collected and disposed of under the license.
(3)
A description of the manner of collection and the
location and method of disposal of the recyclable waste, nonrecyclable
waste and other solid waste to be collected and disposed of under
the license. (Applicants must provide a copy of their specifications
to customers for preparation of solid waste for collection and disposal,
and such specifications must comply with the requirements of this
article.)
(4)
A sworn statement that the applicant will not accept
for disposal any solid waste which has not been prepared for collection
and disposal as required by this article and acknowledging that the
issuance of this license is conditioned upon its collection and disposal
operations conforming, in all respects, to the purpose, intent and
requirements of this article.
C.
Subject to the requirements of this section, the SWC
license shall be issued by the Town Clerk upon completion of the application
and payment of the appropriate fee and shall be valid for one calendar
year, expiring on December 31 of each year unless earlier suspended
or terminated as provided for herein. The fee shall be established
by resolution of the Town Board on an annual basis.
[Amended 12-15-1993 by L.L. No. 13-1993]
D.
The SWC license shall require each licensed collector
to maintain separate monthly records showing certain information regarding
collection and disposal from generators within the Town of Evans.
Such records shall specify the type and number of generators serviced,
the quantity of recyclable, nonrecyclable and other solid waste collected
and the location and manner of disposal, by tonnage. Such record(s)
shall be delivered to the Town Clerk quarterly.
E.
All licensed collectors shall indemnify and hold harmless
the Town of Evans for any pending, threatened or actual claims, liability
or expenses arising from collection and/or disposal of solid waste
by the licensed collector in violation of this article.
F.
Failure of the private collector to comply with all
of the above requirements and all requirements of this article shall
constitute grounds for suspending or terminating said collector's
license or for denying the issuance of said collector's license.
G.
Written notice shall be given to the private collector
of the reason for any SWC license denial, suspension and/or termination,
and such private collector shall be entitled to demand, within 10
days of its receipt of such written notice, a hearing before the Town
Board on the issue. Such hearing shall be held within 10 days of the
receipt by the Town of the demand for such hearing, and written notice
of the Town Board's decision shall be given to the private collector
no later than 10 days after such hearing.
[1]
Editor's Note: This section was provided with
an effective date of 1-1-1993.
The Town Board is hereby authorized to promulgate
such rules, regulations and orders as it may deem reasonable and necessary
to carry out the intent and purpose of this article. Such rules, regulations
and orders shall be adopted by Town Board resolution, but only after
holding a public hearing, notice of which has been published in the
same manner prescribed for adoption of a local law.
Enforcement of this article will be maintained
by any police officer, code enforcement officer or any other person
or persons duly designated by the Town Board of the Town of Evans.
[Amended 5-3-1995 by L.L. No. 8-1995]
B.
In the event of succeeding and continuing violations,
any person and/or business who shall be convicted of violating or
failing to comply with the provisions of this article shall be liable
for a fine of $1,000 per day and/or 100 hours of community service
per day of violation.
C.
In addition to the above penalties, the Town Board
may also maintain an action or proceeding to compel compliance with
this article or to restrain, by injunction, the violation of said
article.
