[HISTORY: Adopted by the Town Board of the Town of Clay 9-18-2000 by L.L. No. 1-2000. Amendments noted where applicable.]
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 110.5 of the aforementioned county plan. Public Authorities Law § 2045-e, Subdivisions (7) and (8), allow 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 of Clay 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 § 194-2 hereof. The basis of that determination is attached hereto as Exhibit A and incorporated by reference. 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.
Editor's Note: Exhibit A is on file in the town offices.
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:
- 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 may be amended from time to time, including but not limited to:
- (1) The Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 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. § 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. § 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 APPLIANCE
- 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, requires 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 Clay.
- TOWN BOARD
- The Town Board of the Town of Clay.
- TOWN CLERK
- The Clerk of the Town of Clay.
- 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 § 194-2 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 § 194-2 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.
Editor's Note: The "Applicant Business Information" form which originally accompanied this chapter is on file in the town offices.
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 § 194-3 or 194-4 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 recyclable materials as solid waste. Nor shall any hauler accept 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 material.
The Town Board may, by resolution, designate and impose such fees as it deems reasonable and appropriate in relation to the collection and disposal of any waste material including, without limitation, recyclable materials. 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 may by resolution also, from time to time, 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 of Clay Town Board:
The public liability policy aforementioned shall name the Town of Clay as an additional insured.
Each policy of insurance shall be endorsed to contain the following language:
Prior to the issuance of any municipal hauler license, the hauler must provide to the Town Attorney's 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 6:00 a.m., nor later than 6:00 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, prevailing law enforcement agency, Town Building Inspector, Town Fire Inspector, Highway Superintendent, Onondaga County Sheriff's Department, New York State Police, Department of Environmental Conservation officers and all local law enforcement agencies.
[Amended 7-20-2009 by L.L. No. 3-2009]
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, Subdivision 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.