Village
of Williamsville Code
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Chapter 74: Recycling
§ 74-1. Title.
§ 74-2. Findings.
§ 74-3. Legislative
purpose.
§ 74-4. Definitions.
§ 74-5. Program
establishment.
§ 74-6. Preparation
of recyclable material for collection.
§ 74-7. Material
restrictions.
§ 74-8. Collection
of recyclable material.
§ 74-9. Private
collection programs for multiresidential complexes.
§ 74-10. Commercial,
industrial and institutional source-separation
programs.
§ 74-11. Ownership
of recyclables placed for collection.
§ 74-12. Removal
of uncollected recyclables.
§ 74-13. Vehicles
to be designed to prevent spillage.
§ 74-14. License
red for collectors.
§ 74-15. Reporting
violations.
§ 74-16. Approval,
denial, suspension or revocation of license.
§ 74-17. Enforcement.
§ 74-18. Penalties
for offenses.
§ 74-19. Severability.
§ 74-20. When effective.
[HISTORY: Adopted by
the Board of Trustees of the Village of Williamsville 1O-13-1992 as L.L.
No. 7-1992. Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and
refuse--See Ch. 39.
§ 74-1. Title.
This chapter shall be known
as the 'Mandatory Recycling Law of the Village of Williamsville."
§ 74-2. Findings.
The Village of Williamsville
finds that:
A. Methods of waste management
emphasizing source reduction, recovery, conversion and recycling of wastes
are essential to the long-range preservation of the health, safety, and
welfare of the public, to the economic productivity and environmental quality
of the Village of Williamsville and to the conservation of resources.
B. The New York State
Solid Waste Management Act of 1988 [Editor's Notes: In regards to municipalities,
see § 27-0107 of the Environmental Conservation Law.] requires that
municipalities adopt a local law or code for the separation of waste into
recyclable, reusable or other components for which economic markets for
alternate uses exist.
§ 74-3. Legislative
Purpose.
This chapter is enacted
for the following purposes:
A. To preserve the long-range
health, safety and welfare of the public and the economic productivity
and environmental quality of the Village of Williamsville by conserving
resources and reducing potential pollution of the environment.
B. To establish methods
of collection, reduction and separation to encourage effective reuse of
wastes.
§ 74-4. Definitions.
As used in this chapter,
the following words, terms or phrases shall have the meanings indicated:
AGRICULTURAL USES - The
development and cultivation of the soil for the planting of trees, fruits,
vegetables or flowers.
APPEARANCE TICKET - A
written notice issued and subscribed to by a duly authorized person directing
a designated person to appear in a designated local criminal court at a
designated future time in connection with an alleged commission of a designated
offense. A notice conforming to such definition constitutes an "appearance
ticket" regardless of whether it is referred to in some other provision
of law or by any other title.
COLLECTION - The act
of picking up recyclable material from the public right-of-way abutting
homes, businesses or industrial sites.
COMPOST - Organic material
which may be reduced to humus through organic activity.
COMPOSTING - A process
through which organic materials, such as grass and leaves, are reduced
to humus through organic activity.
CORRUGATED CARDBOARD
- Heavy paper items normally used for packaging, mailing, shipping or containing
goods, merchandise or other material, but excluding plastic, foam or wax-coated
or soiled contaminated heavy paper items.
GARBAGE - All table refuse,
animal and vegetable matter, offal from meat, fish and fowl, vegetables
and fruits and parts thereof (and materials ordinarily used for food which
have become unfit for such use or which, for any reason, have been discarded),
including market refuse and waste from handling, storage or sale of produce.
GARDENING OR LANDSCAPE
USES - The development and cultivation of herbs, fruits, vegetables and
flowers.
GLASS CONTAINERS - All
clear (flint), green and brown (amber) colored glass containers, excluding
crystal; ceramic; light bulbs; plate, window, laminated, wired or mirrored
glass; and glass cookware.
LEAD ACID BATTERY - The
type of electrical storage battery commonly used in automobiles and trucks.
MAGAZINE - Any type of
magazine which would be normally delivered through the mail or purchased
at a newsstand. Excluded are large glue-bound catalogs, telephone books,
periodicals or hardbound printed material.
NEWSPAPER - Paper of
the type commonly referred to and known as "newsprint" and delivered at
stated intervals, usually daily or weekly, having printed thereon news
and opinions, containing advertisements and other information or communication;
periodicals and paper that have a shiny or wax-coated surface.
NONRECYCLABLE REFUSE
AND RUBBISH - All waste material discarded as useless or worthless trash,
including but not limited to rags, sweepings, rubber, leather, crockery,
shells, clothing, straw, dirt and ashes.
PAINT - A substance composed
of solid coloring matter suspended in a liquid medium and applied as a
protective or decorative coating to various surfaces or to canvas or other
material.
PERSON - Any corporation,
firm, partnership, association, organization or other entity, as well as
an individual.
PLASTIC CONTAINERS -
Empty plastic food and beverage containers, as defined by the recycling
regulations, including but not limited to containers used for milk, detergent,
apple cider, water, soft drinks and vegetable oil.
PORTABLE TRANSFER CONTAINERS
(Dumpsters) - Any premises that requires, on a regular basis, more than
five (5) containers or bags for its garbage and refuse shall be required
to secure a "portable transfer container" for all excess over five (5)
containers. It shall be the responsibility of the owner or occupant to
contract privately for the securing of said container service for the excess
material.
PUBLIC RIGHT-OF-WAY -
The land abutting a given premises between the sidewalk and curb or the
land beyond the pavement or stone of the road, street, alley or highway
as surveyed or laid out in the records of the Superintendent of Public
Works.
RECYCLABLE MATERIAL -
All material specified by the Village of Williamsville for collection pursuant
to this chapter and/or the recycling regulations promulgated hereunder,
including but not limited to cans, glass containers, newspapers, plastic
and corrugated cardboard.
RECYCLING CONTAINER -
A rectangular container in which to store and carry recyclable material
to the public right-of-way for collection.
RECYCLING REGULATIONS
- Rules pursuant to this chapter set forth by the Village Board of Trustees
in implement the program established and known pursuant to this chapter,
as the "Village of Williamsville Mandatory Recycling Law."
REFUSE OFFICER - An employee
of the Village of Williamsville designated to oversee the collection of
garbage, rubbish, trash, debris and recyclables.
SILVICULTURAL USES -
The development, cultivation and reproduction of trees.
SOURCE SEPARATION - The
separation of recyclable materials from the waste stream at the point of
waste generation.
TIRES - Rings or bands
of rubber, either solid or hollow and inflated, placed over the rims of
wheels to provide traction, resistance to wear or other properties, limited
to passenger cars and light vehicles.
USED OIL - Any motor
oil previously used in machinery, but not including other petroleum fluids.
WASTE - Products and
materials to he discarded after use from any premises within the Village
of Williamsville.
YARD WASTE - Grass, leaves,
brush, plants, weeds or dirt materials from vegetable and flower gardens,
lawns and yards; or ash from fireplaces or wood stoves.
§ 74-6. Program established.
There is hereby established
a program for separation and preparation for the collection of waste material.
The program shall be under the supervision of the Village of Williamsville
Department of Public Works, which shall meet the rules and regulations
for its implementation subject to the approval of the Village Board. Such
rules and regulations shall be known as the "Village of Williamsville Mandatory
Recycling Law."
§ 74-6. Preparation
of recyclable material for collection.
All recyclable material
placed in accordance with this chapter for collection in a public right-of-way
shall be prepared as follows:
A. Recyclable material
shall be placed in recycling containers as follows:
(1) Newspapers shall
be placed in recycling containers or placed in paper bags.
(2) Corrugated cardboard
shall be flattened and securely tied in bundles weighing not more than
fifty (50) pounds. All tape, staples and strappings shall be removed, and
sections shall be broken into pieces not larger than three by three (3
x 3) feet.
(3) Cans, glass containers
and plastic containers shall be rinsed of the original contents. Caps and
rings shall be removed from glass containers.
(4) No materials other
than recyclable material prepared in accordance with this chapter shall
be placed in a recycling container.
(5) The Village Board
of Trustees may, by Board resolution, change the recycling items, based
on market conditions. A complete list of acceptable materials is available
at the Village Clerk's office.
(6) All materials placed
in the green recycling box shall be secured in such a manner as to prevent
scattering of the contents.
(7) In the event that
the village-provided green box is damaged or destroyed, replacement or
additional green boxes will be available from the Village Clerk at a cost
to be established by resolution of the Board of Trustees.
(8) Recyclable materials
shall not be commingled with other solid waste during collection, transportation
or storage following collection.
(9) Collectors collecting
residential, commercial and/or institutional municipal solid waste generated
within the Village of Williamsville shall refuse to collect municipal solid
waste from any person or party who has clearly failed to source-separate
the recyclable materials and/or who has not properly prepared the recyclable
materials to the specifications of the collector. A written explanation
shall be provided to the person or party of the reason for the refusal
of collection of the materials by the collector.
(10) Recycling containers
which have been distributed free of charge to village residents remain
the property of the Village of Williamsville and are not to be removed
from the premises.
B. Leaves, brush and
tree parts.
(1) During the months
of October, November and December, leaves may be placed in piles not exceeding
six (6) feet in diameter, at the curb or pavement line, but shall not be
placed on the paved portion or any street. At all other times of the year,
leaves and similar material must be suitably bagged or placed in an appropriate
container.
(2) Tree logs larger
than four (4) inches in diameter shall be cut to a length not to exceed
two (2) feet and placed at the curb for collection.
(3) Tree branches not
exceeding four (4) inches in diameter shall be cut to a length not to exceed
six (6) feet and placed at the curb for collection with the butt ends of
the branches facing the same direction.
(4) Tree trimmings, shrubs
or vines not exceeding one-half ('12) inch in diameter shall be cut and
placed in suitable containers or bags and placed at the curb for collection.
In no event shall any container or bag exceed sixty-five (65) pounds in
weight.
(5) Holiday trees may
be placed at the curbline or pavement line for collection in December and
January without being cut and bundled as otherwise herein required.
§ 74-7. Material restrictions.
A. All used oil and paint
shall be disposed of properly. There will be no discharge of any oil or
paint into any waterway or drainage system. Empty paint cans with tops
removed will be collected as part of the regular trash pickup.
B. Lead acid batteries
shall not be placed in any waste or recycling container.
C. No material of any
nature which could be or is considered to be hazardous, infectious, toxic,
radioactive, harmful or a pollutant will be collected by the recycling
collectors.
D. Tires may not be deposited
at curbside for collection. These must be delivered to the Department of
Public Works garage, and the resident will be charged a fee consistent
with the village's cost of disposal.
§ 74-5. Collection
of recyclable material.
A The Village of Williamsville
shall be under no obligation to collect recyclable material not separated
and prepared pursuant to the provisions of this chapter and the recycling
regulations of the Department of Public Works or recyclable material generated
outside the village.
B. The fact that recyclable
material is in a public right-of-way shall be rebuttal prima facie evidence
that such material was placed there by the owner of the property abutting
that public right-of-way.
§ 74-9. Private collection
programs for multiresidential complexes.
A. The owner, manager or
superintendent of every multiresidential complex using portable transfer
containers shall provide and maintain, in a neat and sanitary condition,
recycling collection areas to receive newspapers and other designated recyclables
included in the curbside collection programs, which are generated by residents
of the complex. In cases where a condominium, cooperative, homeowners'
or similar association exists, the association shall be responsible for
provision and maintenance of the recycling collection areas. Said recycling
collection areas shall be established by January 1, 1993, to include all
recyclables presently collected in the residential portion of the Village
of Williamsville.
B. The owner, manager
or superintendent of each multiresidential complex above shall arrange
for the collection of recyclables from the recycling collection areas.
C. The number and design
of the collection areas required by this section for each complex shall
be consistent with the guidelines provided by the Department of Public
Works.
§ 74-10. Commercial,
industrial and institutional source-separation
programs.
A. All commercial, industrial
and institutional establishments within the village which use portable
transfer containers shall source-separate and arrange for the collection
of recyclable material.
B. The arrangement for
collection of designated recyclables for disposition hereunder shall be
the responsibility of the owner or operator of a commercial, industrial
or institutional establishment at which the recyclables are generated ("the
generator") or of the person contractually obligated to the generator to
arrange for collection and disposal of its solid waste. Said arrangements
may include, without limitation, direct marketing of recyclables, contracts
with permitted solid waste collectors/haulers for separate collection of
any or all designated recyclables, contracts with other persons for separate
collection of any or all designated recyclables or direct delivery to a
designated processing facility.
§ 74-11. Ownership
of recyclables placed for collection.
Any recyclable material
within a public right-of-way for collection by the village shall become
the property of the village. No person, unless acting under authority of
the village or its authorized agent, shall collect, pickup or remove or
cause to be collected, picked up or removed any recyclable material 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 has refused to collect recyclable material because
it has not been placed or prepared according to the provisions of this
chapter, the person responsible for initially placing that material shall
remove it from the public right-of-way.
§ 74-12. Removal of
uncollected recyclables.
Where the village has not
collected recycled material because it was not placed or prepared in accordance
with the provisions of this chapter, the person in control of the premises
whereon the recycled material was generated shall remove such material
as soon as possible after the village or designated contractor has refused
collection and, in any event, by 7:00 p.m. of the designated collection
day. The failure to remove any such material by 7:00 p.m. of the designated
collection day shall constitute a violation of this chapter.
§ 74-13. Vehicles to
be designed to prevent spillage.
Every person who shall engage
in the business of collecting recyclable material within the village shall
use for that purpose a vehicle so constructed as to prevent the escape
of any such recycled material. Such a vehicle shall, at all times, when
not necessarily opened for the purpose of depositing the material collected
therein, be kept securely covered.
§ 74-14. License required
for collectors.
A. No recyclables shall
be collected within the village without first having secured from the village,
with the approval of the Village Board of said village, a license to be
issued under the following terms and conditions:
(1) Authorized collectors
must first obtain a solid waste collection license from the village. The
fee for such license shall be set by the Village Board, and all licenses
shall be issued for the calendar year or such portion thereof. There shall
be no reduction in the fee for a license issued after the beginning of
any calendar year.
(2) An authorized collection
sticker shall be prominently displayed on each vehicle operated by or on
behalf of the authorized collector on the left front fender.
(3) Authorized collector
applications may be denied if the applicant or licensee has been adjudged
or administratively determined to have committed one (1) or more violations
of this chapter during the preceding calendar year.
(4) All authorized collectors
licensed by the village shall indemnify and hold harmless the village from
any pending, threatened or actual claims, liability or expenses arising
from the disposal of recyclables by the authorized collector.
(5) Authorized collectors
shall offer collection services for all recyclable materials to all commercial,
industrial and institutional customers and residential customers with dumpsters
from whom they provide waste collection services at the same times and
on the same days as services are provided to their customers for solid
waste collection.
(6) An application for
a license under this section shall state the manner of collection and the
place and method of disposal of the municipal waste material and recyclable
materials from its residential, commercial, industrial and institutional
customers. Each collector shall maintain separate monthly records of solid
waste and recyclable materials collected, transported or disposed of by
the authorized collector, which shall include the following information:
(a) The municipality
or geographical area and number of units in which the solid waste or recyclable
material was generated.
(b) The quantity, by
ton, of solid waste and of each type of recyclable material collected.
(c) The quantity, by
ton, of recycled material delivered to a recycling facility(ies) and the
location of the recycling facility(ies).
(d) The quantity, by
ton, of solid waste delivered to each facility.
B. Reports containing
the information required as stated above shall be compiled and delivered
to the Village Clerk or other designated individual for each reporting
period, as designated by the regulations but which shall be no more frequently
than quarterly.
C. Authorized collectors
shall not accept for collection municipal solid waste which has not been
source separated in conformity with this chapter.
§ 74-15. Reporting
violations.
All employees or agents
of the village, including those under contract to collect waste, are hereby
authorized to report each and every violation of this chapter to the Department
of Public Works.
§ 74-16. Approval,
denial, suspension or revocation of license.
When a designated public
official determines that a failure to comply with this chapter may have
occurred, she or he shall recommend to the Mayor that the authorized collector's
application or the license be denied, suspended or revoked or its holder
be subjected to a reprimand or fine or that the generator or originator
of the solid waste or recyclable materials be subject to sanctions, fines
or penalties as described herein. Notice and an opportunity to be heard
shall be provided prior to denial, suspension or revocation of a solid
waste license or authorized collector permit or the issuance of a sanction,
fine or penalty.
A. Notice.
(1) The Mayor shall notify
the affected generator, applicant or licensee of the alleged failure, in
writing. The notice shall include the following
(a) A statement of the
condition allegedly violated, referring to the pertinent ordinance, law,
rule or regulation.
(b) A short and plain
statement of the alleged misconduct.
(c) A statement of the
time and place of the hearing.
(2) The notice shall
be personally served or sent, by registered mail, to the generator's; applicant's
or licensee's last known address, at least ten (10) days before the hearing
date, with a copy to the administrator.
B. Hearing.
(1) Any hearing shall
be conducted by the Village Mayor within a reasonable period which shall
be at least ten (10) days after the service of notice.
(2) The generator, applicant
or licensee may be represented by counsel at the hearing and may offer
evidence and cross-examine witnesses.
(3) Within twenty (20)
days after the close of the hearing, the Mayor shall:
(a) Determine whether
the alleged failure to comply with this chapter has occurred; and
(b) If the Mayor determines
that such a failure has occurred, decide whether the generator or applicant
shall be subject to a fine or penalty, whether the applicant shall be denied
or whether existing solid waste license or authorized collector status
shall be suspended or revoked or its holder subjected to a reprimand and
shall issue an order carrying out this decision.
C. Determination, decisions
and orders.
(1) Disposition may be
made by stipulation, agreed settlements, consent order, default or other
informal method.
(2) The Mayor shall promptly
notify the applicant or licensee, in writing, of a final determination,
decision or order.
§ 74-17. Enforcement.
A. The enforcement of this
chapter shall be by the Department of Public Works and all other persons
or agencies as may be designated by resolution of the Village Board.
B. To assure compliance
with this chapter, all portions of vehicles and containers used to haul,
transport or dispose of recyclable materials, including such containers
placed outside residences, shall be subject to inspection by the Refuse
Officer, Code Enforcement Officer and any other public official designated
by the village.
C. The Superintendent
of Public Works, the Refuse Officer and the Code Enforcement Officer may
issue appearance tickets for any violations of this chapter.
§ 74-18. Penalties
for offenses.
A. Any violation of any
provision of this chapter shall be punishable by a fine not to exceed two
hundred fifty dollars ($250.) a day or by imprisonment for a period not
to exceed fifteen (15) days, or both.
B. Any person who aids,
abets or assists in a violation of this chapter shall also be subject to
the penalties provided herein.
C. Each day that a violation
of this chapter is committed or permitted to exist shall constitute a separate
offense.
§ 74-18. Severability.
If any section, sentence
or part of this chapter is adjudged unconstitutional or invalid, such judgment
shall not affect, impair or invalidate the remainder of this chapter.
§ 74-20. When effective.
This chapter shall take
effect immediately upon filing with the Secretary of State.
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