Village of Menands, NY Garbage, Rubbish, Refuse and Recycling

This article is adopted for the purpose of promoting the health, safety, peace and general welfare of the citizens of the Village of Menands. The definitions, specifications, requirements, prohibitions and enforcement provisions in this article are designed to ensure that the collection of garbage, rubbish, and recyclable material is accomplished in the best interests of the residents of the Village of Menands to protect their health, welfare and quality of life, in a manner that is efficient and cost-effective to the operations of the Village and the safety of its employees, and is consistent with the needs and requirements of existing intermunicipal agreements.

To that end, the Village of Menands shall provide regularly scheduled curbside collection and removal of garbage, refuse, bulk items, and recyclable materials. This service will be available to residential dwellings of fewer than five units. Dwellings containing more than four units shall, for the purposes of this article, be considered multiple dwellings which, together with commercial or office buildings and/or dwellings where one or more units are used for commercial or office purposes, shall not be served hereunder.

All multiple dwellings, office buildings, commercial, industrial, and educational entities in the Village of Menands, having garbage collection services provided by a private waste management service shall hereby be required to secure dumpsters in an approved dumpster enclosure area. Those entities not having approved dumpster enclosures shall be required to comply within 60 days of written notice by the Village Building Inspector, Village Clerk-Treasurer, Menands Police Department, or the Board of Trustees, when delivered by classified mail.

[Added 4-19-2010 by L.L. No. 4-2010]

Multiple dwellings, office buildings, commercial, industrial and educational entities currently in operation shall not be excluded from providing an approved dumpster enclosure. All such entities, currently having dumpster enclosures must meet the approved standards hereby identified in Subsection E(1) and (2) of this chapter. Dumpster enclosures must meet material, location and dimensional requirements described in Subsection E of this section as determined by the Village Building Inspector. Those found to be not in compliance with this section must, upon written notice by the Building Inspector, correct any nonconforming enclosure within 60 days of the date of a written notice when delivered by certified or registered mail, return receipt requested.

[Added 4-19-2010 by L.L. No. 4-2010]

Owners of multiple dwellings, office buildings, commercial, industrial, and educational entities must submit location, dimensional, and proposed building material information along with site plans submitted for review and approval by the Village Building Inspector.

[Added 4-19-2010 by L.L. No. 4-2010]

(1)

Approved dumpster enclosure materials. The following materials shall be considered appropriate for building or rebuilding of a dumpster enclosure:

(a)

The quality of exterior materials shall be sufficiently durable to guarantee low maintenance, stability and a reasonable life span.

(b)

Approved dumpster enclosure materials:

[1]

Common red brick;

[2]

Architectural masonry units (colored, textured, painted);

[3]

Natural stone, stone veneer or cast stone;

[4]

Wood (painted or stained);

[5]

Plain vinyl or metal siding, provided the same is attached to a wood or other structure and maintained to comply with visibility standards:

[6]

Imitation stone, plastic, composite or resin products, provided the same is attached to a wood or other structure and maintained to comply with visibility standards.

(c)

Unapproved dumpster enclosure materials:

[1]

Plain (bare) masonry units;

[2]

Chain-link fencing, unless such enclosure is to be screened and/or hemmed by landscaping in such a manner that the dumpster enclosure or trash containers are not fully visible.

(2)

Dumpster enclosure dimensional and construction requirements.

(a)

The dumpster enclosure must be of sufficient height to ensure that the view of the dumpster is sufficiently obstructed from view and is designed to prevent refuse from being blown out of the dumpster enclosure area. The minimum height requirement is six feet.

(b)

The dumpster enclosure must be constructed, so as to withstand snow, ice, wind (of up to 60 mph), normal daily use, without being substantially destroyed and rendered ineffective as to its purpose.

(3)

Penalty for offense. Multiple dwellings, commercial, industrial and educational entities found not in compliance as provided within this these Subsections C, D and E, shall be guilty of a misdemeanor. The fine for a violation after notice shall be $50 per day until compliance. Fines shall not exceed $3,000.

§ 82-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:

BRUSH

Tree branches, twigs, shrubs and hedge clippings not exceeding three inches in diameter and four feet in length.

BULK ITEMS

Large and/or heavy items and materials larger than two feet by two feet by four feet or heavier than 50 pounds, including furniture (other than aluminum yard furniture); Christmas trees; house furnishings; and large household appliances such as refrigerators, stoves, washing machines and clothes dryers.

CANS

Containers comprised of aluminum, tin, steel or a combination of ferrous or nonferrous materials, which formerly contained only food and/or beverage substances.

CARDBOARD

All corrugated cardboard normally used for packing, mailing, shipping or containerizing goods, merchandise or other material, but shall not mean wax-coated or soiled cardboard (i.e., pizza boxes).

GARBAGE

All decayable waste, with the exception of sewage and body wastes, but including fruit, vegetable and animal offal, and shall include all such substances accumulated on or removed from all public and private establishments and properties, resulting from the handling, preparation, cooking or storing of foods.

GARBAGE CONTAINER

A solid container made of nonrusting metal or hard-shell plastic used to contain refuse for storage and collection.

GLASS

Empty bottles, jars and containers of clear (flint), green and brown (amber) color with rings and caps removed and therefore generally recyclable. This term does not include ceramic ware, auto glass, mirrors, kitchenware, window glass and stained glass.

HAZARDOUS WASTE

Any material, natural or manufactured, which by itself or in conjunction with other like or dissimilar material will contaminate, to environmentally unsafe levels, the atmosphere, soil or water, whether above or below the ground, or poses a health risk from improper handling, disposal or discarding of the same; substances so defined and in quantities so proscribed by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6901 et seq.), the Toxic Substances Control Act (15 U.S.C. § 2601 et seq.) or Article 27 of the Environmental Conservation Law or any rule or regulation promulgated under any of those laws.

IMPORTING

To introduce or bring in from an outside or external source.

LANDLORD

A person or persons who own or rent land, buildings or dwelling units.

MEDICAL WASTE

A combination of medical treatment materials and/or human wastes which, due to their potential physical, infectious characteristics, may cause illness to others, or significantly contribute to an increase in mortality, or an increase in serious irreversible or, incapacitating reversible illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed.

PERSON

Any individual, firm, partnership, company, corporation, association, society or group, or any combination of individuals acting in concert.

PRIMARY OCCUPANT

The owner or resident of a residence who is considered in control of the premises.

RECYCLABLE MATERIAL

Any material designated, from time to time, which, under any applicable law or regulation, is not hazardous and which is separated from the waste stream and held for its material recycling or reuse value. It shall mean those items which are marketable and which may include but not be limited to metal cans, glass, scrap metal, discarded newspapers, magazines, cardboard, flat paper, plastic, yard waste, engine oil, tires and vehicle batteries. Recyclables do not include recyclable materials which in their existing form are contaminated.

REFUSE

Rubbish, garbage, trash, recyclable materials and collectible yard waste resulting from the normal day-to-day operation of a household, a business, commercial or industrial establishment or a public or quasi-public facility. "Refuse" does not include rubble, bulk items, industrial waste, automobile or other motor vehicle tires, or any other material not covered under this definition.

REFUSE COLLECTOR

Any person, firm, corporation or other legal entity carrying on the business of receiving, collecting, transporting or disposing of garbage, rubbish, trash or other wastes or recyclable material for hire and/or salvage.

RESIDENCE

A building or parcel of land having fewer than five dwelling units.

RESIDENT

A person residing within the Village of Menands.

RUBBISH

General dry material produced routinely by household, commercial or industrial establishments, such as:

Paper, plastic, cardboard or other material used to wrap, cover or contain food, other than certain metal HDPE or glass containers defined in this section as "recyclable material."

Metal (other than pure aluminum, copper, stainless steel or brass).

Miscellaneous waste material, including rags, drugs, health aids and materials, sweepings, excelsior, rubber, leather, cloth, clothing, magazines, paper (other than newspapers), waste materials from normal maintenance and repair activities, pasteboard, crockery, shells, dirt, filth, ashes, wood, glass (other than certain glass bottles, jugs and jars defined in this section as "recyclable material"), and any other similar waste material. "Rubbish" does not include recyclable materials, bulk items, rubble or any other material not covered under this definition.

VILLAGE

The Village of Menands and its entities.

YARD WASTE

Grass clippings, leaves, cuttings and other debris from plants, shrubs, hedges, tree branches less than three inches in diameter and four feet in length, and other vegetation. Garbage, recyclable material, construction and demolition debris, sod or soil shall not be construed to include yard waste.

§ 82-3 Hours of collection; exception.

The collection and removal of refuse and/or recyclable material within the Village of Menands by refuse collectors shall be authorized only between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday, and between the hours of 9:00 a.m. and 4:00 p.m. on Saturday. No such collection and removal shall take place on Sunday. This provision shall not apply to refuse or recyclable material collection performed by the Village of Menands and its employees or contractors.

§ 82-4 Garbage container requirement.

Garbage placed curbside for collection must be tied in clear or white (opaque) plastic garbage bags and placed in a conforming garbage container. No single garbage container placed for collection shall exceed 40 pounds. Persons not placing garbage in a sealed garbage container may be found in violation if the garbage bags are untied or broken and the contents are strewn or if an unsealed garbage container weighs more than 40 pounds, including infiltration by water. Person(s) found offending or violating this section after a written complaint shall be guilty of a violation subject to the penalties, including fines, under § 82-10 of this article.

§ 82-5 Curbside placement of refuse.

Residents shall be prohibited from placing or leaving refuse on the curbside prior to 6:00 p.m. on the evening prior to the scheduled curbside refuse collection, or prior to 4:00 p.m. from November 1 through March 31. Person(s) found offending or violating this section after a written complaint shall be guilty of a violation subject to the penalties, including fines, under § 82-10 of this article.

The above section shall not apply to yard waste.

§ 82-6 Securing and storing garbage containers.

Residents shall be required to recover and secure emptied garbage containers and/or other waste receptacles from curbside by 7:00 p.m. on the day of scheduled refuse collection.

Garbage containers must be stored in a location on the premises of the primary occupant or resident (i.e., garage, shed, porch), that is generally out of sight of adjoining property owners and the general public. Garbage containers may not be left on the side of the premises that faces a public street or right-of-way.

A person(s) found offending or violating this section after a written complaint shall be guilty of a violation subject to the penalties, including fines, under § 82-10 of this article.

§ 82-7 Importing of garbage, refuse and bulk items prohibited.

The curbside collection program is intended as a benefit for the residents of the Village. No person, including residents, shall transport garbage, refuse, or bulk items into the municipal boundaries of the Village for the purpose of leaving such items for curbside collection. Residents of the Village shall be prohibited from accepting imported garbage, refuse or bulk items to their property or residence from outside of the Village with the intent that such garbage, refuse or bulk items will be removed by the Village of Menands Department of Public Works. A person(s) found offending or violating this section after a written complaint shall be guilty of a violation subject to the penalties, including fines, under § 82-10 of this article.

§ 82-8 Special collection; removal of yard waste.

The Village shall provide for the special collection of bulk items. Residents shall be authorized to request special collection for removal of refuse or bulk items from their property or residence. The administrative office of the Village must receive and acknowledge either verbal or written notice at least 24 hours prior to the placement of the materials at curbside for removal. Failure to provide such notice prior to placement of bulk items or other materials at curbside shall be considered a violation. The Village shall also be held harmless if the Department of Public Works is unavailable to provide the service as requested. A person(s) found offending or violating this section after a written complaint shall be guilty of a violation subject to the penalties, including fines, under § 82-10 of this article.

Yard waste.

(1)

The Village shall provide seasonal removal of organic lawn debris, including:

(a)

Grass clippings, hay, and other yard debris, with the exception of leaves, which must be placed curbside in a container marked as "compostable" or in biodegradable paper bags approved by the Village for such use;

(b)

Brush, tree and bush trimmings, not exceeding four feet in length, bundled in string or twine, or bagged;

(c)

Leaves, which are free of other organic lawn debris, sod and rocks, which may be placed curbside for removal.

(2)

The Village may refuse to collect yard waste that is found not to be in conformance with this section.

§ 82-9 Prohibited items.

Residents shall be prohibited from placing the following items at curbside for removal:

(1)

Contractor's building or demolition materials, including but not limited to bulk roof shingles, dimensional framing lumber, bulk or sheet plywood, paneling, plasterboard, sheetrock, stone, blacktop, concrete, brick or concrete block.

(2)

Electronics equipment, including but not limited to televisions, microwave ovens, computer monitors and related equipment, batteries, fluorescent tubes.

(3)

Automotive parts; tires; oil or fluids.

(4)

Medical waste: surgical dressings, hypodermic syringes, needles or other items and materials used for medical treatment which may contain bodily fluids or wastes and therefore may pose a potential biological or health hazard. This section shall not apply to soiled disposable diapers that are placed in a sealed plastic bag.

(5)

Hazardous waste and/or dangerous materials as defined pursuant to regulations issued by the Department of Environmental Conservation such as acids, asbestos, wet paints, propane tanks and/or containers of any combustible or explosive materials.

(6)

Yard debris containing rocks, sod, treated wood, cardboard, or any other nonorganic materials.

The Village reserves the right to refuse collection of items not listed. Ten days' notice shall be provided to the official paper as legal notice of changes to the above list. A person(s) found offending or violating this section after a written complaint shall be guilty of a violation subject to the penalties, including fines, under § 82-10 of this article.

§ 82-10 Penalties for offenses.

Any person(s), landlord, firm or corporation violating any of the above provisions of this article, upon conviction thereof, shall be subject to a fine not to exceed $250 upon the first offense, and not less than $25 for any subsequent offense or imprisonment not exceeding 15 days, or both such fine and imprisonment, together with any and all costs of the Village of Menands for correcting or abating such violation.

§ 82-11 Enforcement.

The enforcement of this article and any rules and regulations promulgated thereunder will be the responsibility of the Village of Menands Police Department, Building Department, Department of Public Works and such other persons as may be, from time to time, authorized by the Board of Trustees of the Village. Due consideration may be given to residents found offending sections of this article as may be due to illness, disability or physical infirmity.

§ 82-12 Recyclable refuse collection; acceptable and unacceptable materials.

The Village of Menands encourages residents to separate recyclable refuse, including glass, plastics, metal cans, and newspaper, and to this end shall provide a scheduled recycling collection.

Acceptable plastic recyclable materials include HDPE #2 plastic bottles; PET #1 plastic bottles (examples: soda, juice, milk and detergent bottles).

Unacceptable plastic recyclable materials include #3 and #7 plastics (examples: medicine bottles; microwave dishes; oil containers; butter tubs; yogurt and cottage cheese containers; non-bottle #1 and #2 plastic bags; or five-gallon pails).