Village of
New York Mills
Oneida County, NY
 Laws 

PART II GENERAL LEGISLATION Chapter 167, SOLID WASTE

Body:

167-1.  Legislative intent. 

 

A.  The collection and disposal of garbage, trash and recyclables is of serious concern to the inhabitants of the Village of New York Mills, and the methods of collection and disposal thereof in a manner consistent with state and county requirements has resulted in ever-increasing costs. 

B.  The intent of this chapter is to provide the most economical and just method for the disposal of garbage, trash and recyclables within the Village of New York Mills and to safeguard the public health, safety and general welfare.   

 

167-2.  Definitions.

 

Whenever used in this chapter, unless otherwise expressly stated or unless the context or subject matter requires a different meaning, the following words shall have the respective meanings hereinafter set forth: 

ASHES  -- All substances or material which remains after combustion.  

AUTHORITY  -- The Oneida-Herkimer Solid Waste Management Authority.  

AUTHORIZED AGENT  -- A person who has agreed, in writing, to issue distinctively labeled garbage bags on behalf of the Village and to pay the necessary fees therefor.  

DESIGNATED BAG  -- A plastic bag of such size and design as shall be determined by the Board of Trustees, containing a distinctive label and to be used for the collection and disposal of garbage and trash in the Village of New York Mills.  

GARBAGE  -- All organic waste material, both animal and vegetable.  

HAZARDOUS WASTE  

A.  A waste or combination of wastes which, because of its quantity, concentration or physical, chemical or infectious characteristics, may:  

(1)   Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or  

(2)   Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.    

B.  All those chemicals, wastes, oils and/or all those articles or materials listed under  27-0903 of the Environmental Conservation Law as drawn up by the Commissioner.    

HEAVY TRASH  -- Large discarded items that do not fit in a designated bag, such as, but not limited to: sofas, stoves, refrigerators, water tanks and similar objects and material.  

LANDFILL  -- A disposal facility or part of a facility where solid waste is placed in or on land and which is not a land treatment facility, a surface impoundment or an injection well.  

PAPER  -- Wastepaper, cardboard and cardboard boxes and containers.  

PERSON  -- An individual, trust, firm, joint-stock company, corporation, partnership, association or any interstate body.  

PERSON IN CHARGE  -- A natural person, association, partnership, firm or corporation that occupies, manages, uses or controls premises.  

RECYCLABLES  -- Items which have been designated by the Oneida-Herkimer Solid Waste Authority as being reusable and designated not to be landfilled by the Authority.  

REFUSE  -- All other waste material not otherwise specifically defined.  

STORAGE  -- The containment of waste, garbage or refuse for a period of over 60 days in such a manner as not to constitute disposal of such waste.  

TRASH  -- All discarded material not suitable for further use.  

WASTE  -- Any garbage, refuse, trash, sludge and all other waste material not otherwise specifically defined.  

WHITE GOODS  -- Washing machines, clothes dryers, refrigerators, freezers and all other similar types of materials that are of recyclable value.  

 

167-3.  General regulations and restrictions.

 

No person shall dispose of garbage, rubbish, ashes or recyclables except pursuant to the following regulations: 

A.  All garbage, trash, ashes and refuse shall be placed in designated bags and shall not exceed 50 pounds in weight. 

B.  Recyclable materials, as designated by the Authority, shall be separated in accordance with the Authority regulations and be placed in clear, transparent plastic bags not exceeding 50 pounds in weight nor 40 gallons in capacity. 

C.  All bags and containers for both garbage and recyclables shall be placed along side the curb not earlier than 6:00 p.m. Eastern Standard Time during the winter and 6:00 p.m. Daylight Savings Time in the summer, the afternoon prior to the scheduled pickup. 

D.  Collection by the contractor designated by the Board of Trustees shall begin not earlier than the time specified in the contract. 

E.   No private collections shall commence prior to 6:00 a.m., including dumpsters, nor later that 8:00 p.m. 

F.   All containers shall be removed from the curb area on the day of collection. 

G.  No private collections shall commence prior to 6:00 a.m., including dumpsters, nor later than 8 p.m. All private haulers must obtain a permit from the Village Clerk to be registered as a waste hauler in the Village. 

H.  Any debris, green waste or other material generated by a contractor must be disposed of by the contractor. If a contractor places any of said waste materials at the curb for pickup by the Village, the contractor shall be liable for the expense of said pickup.   

 

167-4.  Collection periods. 

 

A.  Garbage, rubbish, ashes and recyclables will be collected on the days and at the times established by the Village Board. 

B.  Heavy trash items will be collected upon request to the collector and will only be removed after a specially designated HEAVY TRASH label has been purchased from the Village Clerk and affixed to the item.   

 

167-5.  Removal. 

 

A.  All garbage, refuse, paper, trash and ashes of this Village shall be collected and removed by Village Employees or by a responsible person under contract with the Village and shall be disposed of after such collection without the limits of the Village or otherwise disposed of as may be provided for by the Board of Trustees. This chapter shall not prevent a business, school or apartment building owner or manager from contracting with a private garbage collector for the removal of garbage, refuse, paper, trash and ashes, but such removal must be made with the same care as that required by the Village Employees. 

B.  All businesses, schools and apartment buildings, etc., using a private garbage contractor for removal of garbage, refuse, paper, trash or ashes must use the same contractor to dispose of any and all items that require a disposal fee.   

 

167-6.  Garbage originating outside Village prohibited. 

 

A.  Garbage, trash or recyclables originating outside the Village. No person shall bring in, place or deposit or cause to be brought into, placed or deposited in the Village any garbage, refuse, trash, recyclables, paper, hazardous waste and/or material or ashes originating outside the Village for the purpose of disposing of the same in the Village or for the purpose of having the same collected by the Village or its agents or contractors. 

B.  Permitting disposal of garbage, trash or recyclables from outside the Village. No person who is a resident of the Village or owner, lessee or person in control of real property within the Village shall permit any person to bring in, place or deposit garbage, refuse, trash, recyclables, paper, hazardous waste and/or material or ashes originating outside the Village on any real property owned or leased by him or her or under his or her control.   

 

167-7.  Disposal.

 

No person will dispose of garbage originating within the Village except in front of the person's property where he or she resides and shall not dispose of any garbage, refuse, trash, or recyclables on neighbor's property, Village or in any public receptacle. 

 

167-8.  Authorized agents of designated bags. 

 

A.  The Board of Trustees shall designate authorized agents to distribute the designated bags on behalf of the Village. The number of authorized agents shall be determined by the Board of Trustees to adequately meet demand. 

B.  Such authorized agent shall pay to the Village the designated collection fee established by the Village for each designated bag upon receipt of the same, may add thereto a service charge not to exceed $0.05 per bag and shall also be responsible for the collection and payment of the state and local sales tax applicable thereto.   

 

167-9.  Use of designated bags. 

 

A.  Garbage. All garbage to be collected by the Village shall be placed and sealed in a separate designated bag. 

B.  Trash. All trash to be collected by the Village, unless otherwise provided herein, shall be placed and sealed in a separate designated bag.   

 

167-10.  Unauthorized garbage bags; special handling fee. 

 

A.  Use prohibited. No person shall, except as herein provided: 

(1)   Use any garbage bag or trash bag other than a designated bag issued by the Village for disposal of garbage or trash. 

(2)   Duplicate or imitate any designated bag issued by the Village. 

(3)   Give, sell or issue in any manner a duplicated or imitated designated bag.   

B.  Violations. If any person shall place out or permit to allow the placing out of garbage or trash in an unauthorized designated bag, the Village, for sanitary and aesthetic reasons, may pick up the unauthorized designated bags. The charge to the owner, occupant or person in charge shall be equal to 10 times the designated bag charge or as otherwise determined by resolution of the Board of Trustees to compensate the Village for special handling. In addition, any person in violation shall be subject to the penalties prescribed herein. 

C.  Presumption. 

(1)   In case of single-family or two-family residences, it shall be presumed that the occupant or person in charge is responsible for the placement of such unauthorized designated bags. The owner shall, however, be ultimately responsible for any unpaid special handling fees. 

(2)   In the case of multiple-family residences, commercial or industrial properties, it shall be presumed that the owner or person in charge is responsible for the placement of such unauthorized designated bags.   

D.  Collection of special handling fee. The Village Clerk's office shall bill by ordinary mail the person responsible for payment of the special handling fee as soon as practicable. If such fee is not paid within 30 days after billing, the Village Clerk's office shall notify the Board of Trustees, which shall have the power to add the unpaid bill to the annual Village tax, and the same shall constitute a lien and shall be collected in the same manner and at the same time as regular Village taxes.   

 

167-11.  Collection fees. 

 

A.  The Board of Trustees shall establish, by resolution, the collection fees for the collection and disposal of garbage, trash, recyclables and other discarded material. The purpose of such fees shall be to pay for all labor costs, garbage packer bonding fees, landfill tipping fees, materials, equipment, maintenance costs, administrative, legal and all other expenses incurred by the Village in handling the collection and disposal of such items. 

B.  The Board of Trustees shall have the power to reassess the collection fees, whenever deemed necessary pursuant to the requirement of the Village Law of the State of New York.   

 

167-12.  Recyclable materials. 

 

A.  The Village of New York Mills or its authorized collection agent shall collect recyclable material which the Authority has designated as recyclable. 

B.  Recyclable materials do not have to be placed in a designated bag, provided that they are prepared and cleaned according to the Authority's specifications. 

C.  Recyclables must be placed in a clear transparent plastic bag not exceeding 50 pounds in weight nor 40 gallons in capacity. 

D.  The Village Board shall have the right to limit the amount of recyclables picked up from any one person to maintain the economic integrity of this chapter. The Village reserves the right to institute a fee for excess recyclables should it become necessary. 

E.   Prohibited removal of recyclable materials. From the time the recyclable materials are placed at the curb by a resident for collection, such recyclable materials shall become the property of the Village of New York Mills or its authorized collection agent. It shall be a violation of this chapter for any person without authority from the Village of New York Mills to collect, pick up, remove or cause to be collected, picked up or removed any recyclable materials. Each such collection, picking up or removal from one or more premises shall constitute a separate and distinct offense in violation of this chapter, and any person violating this chapter shall be subject to the penalties prescribed herein.   

 

167-13.  Heavy trash.

 

Heavy trash items that are too large to be placed in the designated bags may be disposed of by requesting a pickup from the Village's authorized collection agent and by purchasing a specially designated HEAVY TRASH label from the Village Clerk and affixing it to the item. 

 

167-14.  Hazardous wastes.

 

No hazardous wastes and/or materials, including, but not limited to: paint, tar, sealer cans and chemicals of any kind shall be collected by the Village. It is the responsibility of the producer or user of such items to provide for their safe disposal. 

 

167-15.  Tires.

 

Unmounted automobile and truck tires and the like shall not be collected with the garbage and trash pickup. They may be disposed of by requesting a pickup from the Village's authorized collection agent and by purchasing a specially designated TIRE label from the Village Clerk and affixing a separate label to each tire. 

 

167-16.  Leaf collections. 

 

A.  Leaves placed between the sidewalk and curb (not in the street) will be picked up by a leaf-picker between October 1 and November 30, and any leftover leaves, twigs and weeds will be collected in the spring from April 1 through April 15. 

(1)   Under no circumstances are leaves to be raked into the streets, but they are to be placed between the sidewalk and the curb, piled as close to the curb as possible without falling into the street.   

B.  No person shall place or permit to be placed other objects in the piles of leaves, such as, but not limited to cans, bottles and stones. 

C.  Loose materials or other debris are not to be raked into the Village streets at any time since this hampers efficient street cleaning and obstructs surface water drainage. 

D.  Brush and similar loose objects shall be tied in bundles. 

  

167-17.  Building materials and trees. 

 

A.  All buildings and parts of buildings, including any wood or wood debris, shall be removed by the property owner or lessor at his own expense, except that one forty-gallon container of construction debris and miscellaneous wood may be put out on the last Wednesday of each month. 

B.  Trees and tree limbs and stumps (excepting only small brush of not more than five feet in length) shall be removed by the property owner or lessor at his own expense.   

 

167-18.  Penalties for offenses.

 

Any person who shall violate any provision of this chapter shall be punished by a minimum fine of $75 and a fine not to exceed $150 or imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment; for conviction of a second violation, both of which were committed within a period of one year, by a minimum fine of $100 and a fine not to exceed $200 or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment; for conviction of a third or subsequent violation, all of which were committed within a period of one year, by a minimum fine of $150 and a fine not to exceed $250 or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. 

 

167-19.  Amendments.

 

Amendments to this chapter may be made by a resolution of the Village Board. 

 

167-20.  Rate elements.

 

Rates shall be as set from time to time by resolution of the Board of Trustees.  

 

 

County Solid Waste and Recycling Law

Oneida County Local Law No. 1-1990

 

 

Section No. 11, Prohibition against unauthorized dumping.

 

The Oneida County Board of Legislators has declared its intent to regulate the throwing, dumping, depositing and placing of solid waste and recyclable material on lands within Oneida County. The ordinance shall apply to throwing, dumping, depositing and placing of solid waste and recyclable material upon all lands, public or private.

 

It shall be a violation of this Law:

 

(1)   For any person to place for the purpose of collection solid waste and/or recyclables at a property other than the property generating said material.

 

(2)   For any person to place solid waste and/or recyclable material in dumpsters and/or containers designated for solid waste use by commercial and/or industrial establishments.

 

(3)   For any person to bury and/or burn solid waste material on public or private property.

 

(4)   For any person to throw, dump, deposit or place solid waste and/or recyclable material along the roadside or on public and/or private property within Oneida County.

 

(5)   For any person to cause to be thrown, dumped, deposited, or placed solid waste and/or recyclable material along any public or private road or on lands bordering such roads.

 

In order to provide for the public health and safety and to facilitate the conservation of vital natural resources: each person shall provide for the removal of garbage and recyclables from the property on which they are generated either through a service provided by a municipality or licensed private hauler or by direct haul by the individual generator to a disposal location approved by the County or the Authority pursuant to contract with the County.

 

County Solid Waste and Recycling Law

Oneida County Local Law No. 1-1990

 

 

Section No. 12, Enforcement penalties.

 

(a)   Failure to comply with this chapter by any person or tenant in cases where a lease agreement gives specific responsibility for solid waste disposal to said tenant shall be an offense punishable as provided.

 

(b)   Conviction of a first offense provided by this article shall be punishable by a fine of not less than $100 and not more than $500 and/or loss of solid waste collection and disposal permit, in addition, anyone convicted of a first offense thereunder shall be liable to pay civil penalty of not less than $100 and not more than $500. Conviction of a second offense within a year of the first offense shall be punishable by a fine of not less than $500 nor more than $1,000 and/or loss of solid waste collection and disposal permit, or imprisonment of not more than 15 days, or both, and in addition anyone convicted of a second offense thereunder shall be liable to pay a civil penalty of not less than $500 nor more than $1,000. Conviction of a subsequent offense within a year of the first offense shall be punishable by a fine of at least $1,000 and not more than $2,000 and/or loss of solid waste collection and disposal permit, or imprisonment of not more than 30 days, or both, and in addition anyone convicted of a subsequent offense thereunder shall be liable to pay a civil penalty of $1,000. Conviction of any company, partnership, municipality or any entity other than an individual person, shall be subject to a fine of not less than $2,500 nor more than $5,000.