Town of Wilson, NY
Niagara County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Wilson as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Hazardous chemical wastes — See Ch. 81.
Landfill — See Ch. 84.
[Adopted 7-8-1991 by L.L. No. 2-1991]
[1]
Editor’s Note: The title of this article was changed from “Recycling” to “Refuse” 2-18-2015 by L.L. No. 2-2015.
The Town Board of the Town of Wilson finds that the reduction of the amount of solid waste and the conservation of recyclable materials are important public concerns. The separation and collection of newspaper, paper, cardboard, glass, cans, plastic containers and other materials for recycling from the residential, commercial, industrial and institutional establishments in the Town will protect and enhance the Town's physical and visual environment, as well as promote the health, safety and well-being of persons and property within the Town by minimizing the potential adverse effects of landfilling, facilitating the implementation and operation of other forms of solid waste management, conserving natural resources and assisting the Town in complying with the mandates of the New York State Solid Waste Management Act of 1988.[1] The promotion and use of recyclable materials, goods produced from recyclable materials and goods which facilitate recycling will further serve the same purposes by encouraging and facilitating recycling.
[1]
Editor's Note: See Environmental Conservation Law § 27-0101 et seq.
[Amended 2-18-2015 by L.L. No. 2-2015]
As used in this Article I, the following terms shall have the meanings indicated herein. None of the terms defined below in this Article I shall be deemed to include, or apply to, any material or activity prohibited or regulated under Article II of this chapter.
ADMINISTRATOR
The person or persons designated by resolution of the Town Board to monitor and enforce this article.
HAZARDOUS WASTE
Includes but is not limited to the following products and their empty containers: insecticides, herbicides, petroleum products, caustic chemicals, paint and batteries. "Hazardous wastes" generally display one or more of the qualities of ignitability, corrosivity, reactivity or toxicity.
NONRECYCLABLES
That portion of the waste stream not included under recyclables and not treated separately as hazardous waste under § 27-0903 of the New York Environmental Conservation Law; source, special nuclear or by-product material as defined in the United States Atomic Energy Act of 1954; or low-level radioactive waste as defined in § 29-0101 of the New York Environmental Conservation Law. "Nonrecyclables" include but are not limited to the following:
A. 
Putrescible solid waste, including animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking or serving of foods. "Garbage" originates primarily in home kitchens, storage areas, markets, restaurants and other places where food is stored, prepared or served.
B. 
Rags, sweepings, rubber, leather, excelsior, crockery, shells, clothing, straw, dirt, filth, ashes, wastepaper and similar waste material.
C. 
Large and/or bulky articles actually used in the home and which equip it for living (as chairs, sofas, tables, beds, carpets, etc.).
D. 
Waste resulting from construction, remodeling, repair and demolition of structures, road building and land clearing. Such wastes include but are not limited to bricks, concrete and other masonry materials, soil, rock, lumber, road spoils, paving material and tree or brush stumps.
PERSON
Any individual, firm, partnership, company, corporation, association, joint venture, cooperative enterprise, trust, municipality, other governmental agency or any other entity or any group of such persons which is recognized by law as the subject of rights and duties. In any provisions of this article prescribing a fine, penalty or imprisonment, the term "person" shall include the officers, directors, partners, managers or persons in charge of a company, corporation or other legal entity having officers, directors, partners, managers or other persons in charge.
RECYCLABLES
Any materials which can be collected, separated and/or processed, treated, reclaimed, used or reused to produce a raw material or product, which materials include but are not limited to the following:
A. 
Paper, clean and unsoiled, including newsprint, newspapers, news advertisements, supplements, comics and enclosures, corrugated boxes, cardboard, cardboard cartons and similar corrugated materials.
B. 
Unbroken glass, glass bottles or jars which are transparent or translucent and which are green, amber (brown) or clear (flint) in color.
C. 
Bimetal cans, including containers fabricated primarily of metal or tin, tin-plated steel cans, aluminum cans and containers made primarily of aluminum and household and other items made solely from aluminum.
D. 
Plastic containers normally found in the household, including containers used primarily for laundry products, dishwashing detergents, milk, water and similar items, including PET (polyethylene terephthalate) and HDPE (high-density polyethylene) and other common plastic resin types.
E. 
Such other items and materials, including garden and yard waste as may later be included pursuant to agreement between the Town and its refuse collection contractor; provided, however, that nothing in this article shall be construed as preventing any person from utilizing vegetative yard waste for compost, mulch or other agricultural, horticultural, gardening or landscaping purposes.
WASTE MATERIAL
All recyclables and nonrecyclables which make up the waste stream eligible for curbside pickup under this article. "Waste material" does not include dead animals, fecal matter or material treated separately as hazardous waste under § 27-0903 of the New York Environmental Conservation Law; source, special nuclear or by-product material as defined in the United States Atomic Energy Act of 1954; or low-level radioactive waste as defined in § 29-0101 of the New York Environmental Conservation Law.
A. 
Upon the effective date of this article, 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 Town of Wilson, its administrator and its collection agent or contractor.
B. 
The Wilson Town Board and its administrator will determine recyclables and notify Town residents by publishing said information in the official Town newspaper or newspapers at least 30 days before said declaration will be incorporated into the Town program. The Town Board may change the classification of "nonrecyclables" to "recyclables" as defined herein in the event that it determines that reclassification is cost effective or that economic markets exist for that product. The Town Board shall notify all generators of the change in classification.
[Amended 4-11-1994 by L.L. No. 2-1994]
C. 
All waste material shall be separated, prepared for collection and collected in accordance with §§ 107-4 and 107-5 of this article.
D. 
The Town of Wilson, its administrator and its collection agent or contractor shall have no obligation to pick up and remove any waste material not prepared for collection in accordance with this article.
E. 
The Town of Wilson, its administrator and its collection agent or contractor shall have no obligation to pick up and remove any waste material which was not used in the residence or business or other establishment placing such waste material at the curbside for pickup.
F. 
The Town of Wilson, its administrator and its collection agent or contractor shall have no obligation to pick up or remove any waste material which is not provided for pursuant to the Town's contract for waste removal with a contractor or otherwise provided for by a Town-administered pickup and removal program. Certain businesses, industries and residences may not be provided for in Town of Wilson pickup and removal programs.
No person shall dispose of waste material except as follows:
A. 
Waste material shall be prepared for collection in accordance with Subsection A(1) through (4) of this section:
(1) 
Each person shall provide separate, sealable galvanized iron cans or other suitable sanitary sealable containers or heavy duty plastic bags for nonrecyclables unless stipulated otherwise in this article. Such cans or containers shall not exceed 30 gallons' capacity and when filled shall not exceed 60 pounds in weight. All cans or containers shall be placed at the curb or roadside for collection.
(2) 
Recyclable aluminum cans and items, glass bottles and plastic items shall be separated from nonrecyclables and placed in the recyclable collection container.
(3) 
Recyclable metal cans, aluminum cans, glass and plastic containers and other items so separated shall be rinsed of contents and placed in the recyclable collection container.
(4) 
Newsprint shall be separated from nonrecyclables and either placed in the recyclable container or properly secured into bundles not to exceed 25 pounds in weight and placed at the curb or in the recyclable container or roadside next to the recyclable container for collection. Effort is to be made to keep the newsprint clean and dry and contamination free.
(5) 
Other items to be included for recycling are to be prepared as set forth from time to time by resolution of the Town Board according to such expansions of the curbside collection program as may be established by the Town from time to time.
(6) 
Recyclable containers shall be provided by each person and shall conform in color, logo, shape and material and other specifications to the material established from time to time by the Town Board.
Waste materials shall be collected in a manner consistent with the terms of the Town of Wilson collection contract.
[Added 4-11-1994 by L.L. No. 2-1994]
The provisions of this section apply to commercial, industrial and institutional waste generators. In the event that they do not have materials collected pursuant to law or contract, they shall be responsible for components prior to being disposed of in any manner or solid waste left for collection or delivered by the generator at a solid waste management facility. This material must be source-separated.
A. 
When any person properly places any recyclable materials at or near any curb, sidewalk, street or road for the purposes of collection by the Town of Wilson or its contractor, those recyclable materials shall thereupon immediately become the property of the Town of Wilson or its authorized agent. No person not acting under authority of the Town of Wilson 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, pick up or removal shall constitute a separate violation of this article.
B. 
Notwithstanding the provisions of § 107-6A, where the Town or its agent or contractor has refused to collect certain recyclables because they have not been placed or treated in accord with the provisions of this article, the person responsible for initially placing those materials for collection may and shall promptly remove those materials from any curb, sidewalk, streetside or roadside and assume possession, control and responsibility for the proper disposal thereof.
C. 
Nothing herein contained shall prevent any person from making arrangements for the private collection of recyclables, provided that recyclables to be privately collected shall not be placed curbside on or immediately preceding the day for municipal collection of such recyclables.
D. 
The Town of Wilson, its administrator and its authorized agent shall not be required to collect any waste material which has not been separated and secured pursuant to the provisions of this article or the applicable regulations of the Town of Wilson.
A. 
No person shall cause to be imported into the Town of Wilson waste material for garbage collection.
B. 
No person shall place for curbside collection any waste material not generated on the premises fronting on the street upon which it is placed.
A violation of this article, other than § 107-6A, shall constitute a violation punishable, upon conviction thereof, by a fine not exceeding $250 for each offense. A violation of § 107-6A or 107-7 shall constitute a misdemeanor punishable, upon conviction thereof, by not more than six months imprisonment or a fine not exceeding $1,000, or both.
[Adopted 2-18-2015 by L.L. No. 2-2015]
This article shall be known as the "Biosolids Management Law of the Town of Wilson."
A. 
The Town of Wilson finds that the processing, collection, handling, storage, treatment, land application and/or disposal of biosolids, digestate and other waste materials generated by the treatment of municipal wastewater, which contain human waste and other impurities, pose a significant health risk to the residents of the Town and may adversely impact the surrounding environment. The potential contamination of groundwater, surface water and soil, as well as the potential for air pollution, resulting from such activities poses an unreasonable risk to Town residents, public health and the environment.
B. 
The Town Board intends by this article to:
(1) 
Prohibit the construction and operation of new anaerobic digestion facilities, land application facilities and storage facilities within the Town of Wilson in order to promote a clean, wholesome and attractive environment for the community.
(2) 
Reduce the risk of pollution and other harmful effects, to the maximum extent possible, from existing anaerobic digestion facilities, land application facilities and storage facilities by restricting the scope and size of such activities.
(3) 
Ensure that accurate, current information about solid waste disposal operations within the Town is available to public officials and residents.
(4) 
Protect the residents of the Town from the harmful effects of biosolids, including:
(a) 
Hazardous and nuisance conditions, including contamination of groundwater, surface water and air, odors, excessive traffic, dust and noise.
(b) 
Diminution of property values associated with adjacent or proximate biosolids operations that may interfere with the orderly development of properties.
(5) 
Exercise the Town's police powers under the Municipal Home Rule Law and §§ 130 and § 136 of the Town Law for the physical and mental well-being and safety of its inhabitants and to restrict biosolids treatment facilities, land application facilities, and waste disposal operations pursuant to the authority of § 27-0711 of the Environmental Conservation Law, which authorizes municipalities to impose controls on waste disposal operations that are more strict than state law requires.
A. 
Unless indicated herein or the context otherwise requires, the terms used in this article shall have the same meaning as those defined in Article 27 of the New York Environmental Conservation Law and the regulations promulgated thereunder.
B. 
The following terms shall have the meanings indicated herein:
ANAEROBIC DIGESTION
The biochemical decomposition of organic matter into methane and carbon dioxide (biogas) by microorganisms in the absence of air.
ANAEROBIC DIGESTION FACILITY
Any facility which accepts, treats or processes wastewater treatment sludges, biosolids, manure, food waste, fats, oils, greases, energy crops, glycerin, silage or any similar material for the purpose of producing biogas and digestate.
BIOSOLIDS
Any solid, semisolid or sludge-like organic material generated by the treatment of sewage or wastewater or otherwise derived from sewage or wastewater or their byproducts. "Sewage sludge" shall be considered synonymous with "biosolids."
DIGESTATE
A material remaining or produced as a result of the anaerobic digestion of biosolids or wastewater treatment sludges.
DISPOSAL
The placement, distribution, land application or other handling of biosolids, digestate or wastewater treatment sludges in a manner that releases such material into any environmental media, including the ground, water or air.
LAND APPLICATION FACILITY
Any facility or property at which biosolids, digestate or wastewater treatment sludges are disposed, applied or otherwise used.
PATHOGENIC ORGANISM
Any disease-causing organisms, including, but not limited to, bacteria, viruses, protozoa and viable helminth ova.
PERSON
Any individual, firm, partnership, company, corporation, association, society or group.
PUBLICLY OWNED TREATMENT WORKS
Any facility owned and operated by a municipal or governmental entity for the purposes of treating wastewater, sewage or septage.
STORAGE FACILITY
Any facility or property used for the storage or processing of biosolids, digestate or wastewater treatment sludges.
Except as provided elsewhere within this article, no person shall collect, accept, store, process, treat, handle, generate, apply to the land or dispose of biosolids, digestate or other liquid, solid or semisolid waste, any of which contains human waste or any pathogenic organisms, or which are derived from materials containing human waste, pathogenic organisms and/or municipal wastewater, at any location within the Town of Wilson.
The prohibitions set forth in § 107-12 and the limitations set forth in § 107-14 shall not apply to:
A. 
Anaerobic digestion facilities that do not accept, treat, or process biosolids or sewage sludge from wastewater treatment facilities.
B. 
The generation of biosolids at a publicly owned treatment works.
C. 
Private septic systems located within the Town of Wilson.
D. 
The sale or storage of lawn and garden fertilizer packaged for retail sale, or the application of lawn and garden fertilizers packaged for retail sale, on an area of land less than 2.5 acres in size.
A. 
Except as otherwise provided in this § 107-14, any and all activities previously duly approved or for which permits have been duly issued prior to the effective date of this article with respect to the operation of an anaerobic digestion facility or storage facility (hereinafter "existing facilities") may be continued but may not be expanded or modified with respect to operational or storage capacity, bulk, height, area or other dimensional or spatial aspect and/ or permitted activity. The term "existing facility," as used in this § 107-14, shall not include a land application facility. Any such existing facility shall be considered a legal nonconforming use and subject to regulation as such pursuant to Article VI of Chapter 127 of the Town of Wilson Code.
B. 
Existing anaerobic digestion facilities may apply to the Town Board for a special use permit to allow conversion of their treatment process or other modifications to their operations which the applicant demonstrates will eliminate or significantly reduce potential threats to public health and the environment. The Town Board shall consider the standards set forth in Article VII of Chapter 127 of the Town Code and any relevant regulatory standards and scientific information in rendering its determination on such special use permit applications, including, but not limited to, whether such conversion or modification to the production of biosolids meets or exceeds "Class A" or "Class B" standards within the meaning of 40 CFR 503.32. Nothing contained in this Subsection B shall relieve the applicant from the need to obtain any other necessary Town of Wilson or regulatory approvals. The special use permit may be granted only after the Town Board conducts a public hearing held on not less than 10 days' notice published in the official Town newspapers.
C. 
The owner or operator of an existing facility shall provide a copy of any and all written communications, applications and reports to or from the New York State Department of Environmental Conservation and any other governmental or regulatory agency to the Town of Wilson Building Inspector at the following address within seven business days of the issuance or receipt of such written communications, applications or reports: Building Inspector, Town of Wilson, Town Hall, P.O. Box 537, Wilson, NY 14172.
The invalidity of any word, section, clause, paragraph, sentence or part or provision of this article shall not affect the validity of any other part of this article which shall be in effect.
A. 
Except as otherwise provided herein, a person(s) who shall violate § 107-12 shall, upon conviction, be subject to a fine of not less than $250 nor more than $1,000 or imprisonment not to exceed one year, or both such fine and imprisonment, for any first offense. Any subsequent violations shall constitute a misdemeanor and, upon conviction, such person(s) shall be subject to a fine of not less $500 nor more than $2,000 or imprisonment not exceeding one year, or both such fine and imprisonment.
B. 
For violations involving land application of biosolids in violation of § 107-12, upon conviction for a first offense, the land owner and/or person(s) responsible for applying prohibited materials, for each application of materials prohibited under § 107-12 of this chapter, shall be subject to fine of not less than $50 per acre nor more than $100 per acre for each acre of land to which the prohibited materials were applied or imprisonment not to exceed 90 days, or both such fine or imprisonment. Any subsequent violation shall constitute a misdemeanor, and upon conviction for a second offense by the same person or persons within a five-year period, the fine shall be not less than $100 per acre nor more than $200 per acre for each acre of land to which prohibited materials were applied, or imprisonment not to exceed 180 days. Upon conviction for a third offense by the same person or persons, the offense shall be punishable by a fine of not less than $200 per acre nor more than $300 per acre for each acre of land to which prohibited materials were applied, or imprisonment not to exceed one year.
C. 
A person(s) who shall violate § 107-14C shall, upon conviction, be subject to a fine of not less than $250 nor more than $1,000 or imprisonment not to exceed one year, or both such fine and imprisonment, for any first offense. Any subsequent violations shall constitute a misdemeanor and, upon conviction, such person(s) shall be subject to a fine of not less $500 nor more than $2,000 or imprisonment not exceeding one year, or both such fine and imprisonment.