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HomeMy WebLinkAbout1997_10_22_Local_Law_No_13 LOCAL LAW 13 - 1997 A Local Law to Amend the Code of the Town of Mamaroneck in Relation to the Collection of Solid Waste. Section 1. Definitions: Section 183-2 of the Code of the Town of Mamaroneck is hereby amended to read as follows: As used in this chapter, the following terms shall have the meanings indicated: BUILDING - Any enclosed structure having a roof and intended to be used for residential, commercial industrial, social and/or institutional purposes. BULKY METALS - Stoves, refrigerators, dishwashers, dryers, washing machines, air conditioning units, boilers, freezers, water tanks, lawn mowers, metal window and door frames, other large metal appliances and any other items as may be determined from time to time by the Commission. BULKY WASTE - Furniture, including but not limited to beds, mattresses, chairs, tables, rugs and carpets, wood, windows, linoleum, books and any other items as may be determined from time to time by the Commission. COMMISSION - The Larchmont-Mamaroneck Joint Garbage Disposal Commission. DEMOLITION DEBRIS - Concrete, masonry, wood, plaster, aluminum or other siding material, wire, asphalt, ceramic tiles, sheetrock, stones, bricks, clay pipes, concrete pipe, window panes, dirt, tree stumps and other by-products of new construction activity, renovation or rebuilding or other modification to a structure, appurtenances and grounds (other than Yard Waste) and any other items as may be determined from time to time by the Commission. MULTIFAMILY DWELLING - A Building containing three (3) or more dwelling units. MULTIPLE PURPOSE BUILDING - A Building used for more than one use (e.g., residential, commercial, industrial, and/or institutional). MUNICIPALLY COLLECTED SOLID WASTE - Residential, commercial and industrial waste that decomposes readily and other waste material routinely produced, such as food waste (food remains and containers), and refuse and residue which are collected by the Commission or Commission contractors. The term does not include Bulky Metals, Bulky Waste, Demolition Debris, Newspaper, Recyclables, or Yard Waste. NEWSPAPER - Clean, post-consumer newspapers including inserts. The term does not 1 include newspaper which has been used for purposes inconsistent with recycling, including, but not limited to, the wrapping of putrescible materials, packaging, or painting. The Commission may in its discretion further restrict the character of newspaper included in the term "Newspaper". NONRESIDENTIAL BUILDING - A Building used for commercial, industrial, social or institutional purposes. PERSON - Any individual, firm, company, association, society, corporation, partnership, or any other legal entity. PERSON IN CHARGE - The owner, lessee, or occupant of a Building and, in the case of a multiple occupant Building, the term shall mean, at the option of the Town of Mamaroneck, the owner or the party so designated by the owner. PRIVATE DWELLING - A detached Building containing one (1) or two (2) dwelling units. RECYCLABLES - Such items as may be determined to be such from time to time by the Commission and may include such items as paper, Newspaper, glass, metals, and plastics. SERVICE UNIT - Each separate dwelling within a Multifamily Dwelling, Private Dwelling or Multiple Purpose Building and each separate premises within a Nonresidential Building or Multiple Purpose Building. For example, in a Building containing several stores and several apartments, each store is a Service Unit, and each apartment is a Service Unit; in a two- family house, each of the two dwellings is a separate Service Unit. A premises containing more than one Nonresidential Building but operated as one entity shall be a single Service Unit. SOLID WASTE - All waste, refuse and residue collected and disposed of by municipal or private collection. YARD WASTE - Such materials as shall be determined from time to time by the Commission and may include such items as brush, tree branches, twigs, grass and shrub clippings, weeds and leaves. Section 2. Section 183-3 A. of the Code of the Town of Mamaroneck is hereby amended to read as follows: A. Every Person In Charge within the Town of Mamaroneck is hereby required to provide metal or plastic containers sufficient in number and capacity to store Solid Waste which 2 may accumulate on the premises he/she is in charge of and, unless otherwise provided herein, to keep all such Solid Waste in such containers. The containers shall be of such size and type as may be required from time to time by the Town of Mamaroneck or the Commission. The Commission may in its sole discretion permit the use of plastic bags in lieu of metal or plastic containers. All containers shall be stored in the manner required by the Town of Mamaroneck or the Commission. Section 3, Section 183-3 B. of the Code of the Town of Mamaroneck is hereby amended to read as follows: B. Municipally Collected Solid Waste shall be placed in water-tight metal or plastic containers, having a capacity not to exceed thirty-five (35) gallons, with tight-fitting metal or plastic covers. The weight of any such container and its contents shall not exceed seventy-five (75) pounds. No portion of any such container shall be located below the surrounding grade level. Material which is not self-contained shall be placed in suitable containers so as to prevent scattering or if such material is too large to be placed in containers, then such materials shall be bundled and securely tied. Such bundles shall not exceed four (4) feet in length. Any tree branches included in such bundles shall not exceed six (6) inches in diameter. No container or bundle shall exceed seventy-five (75)pounds in weight. Section 4. Section 183-3 C. of the Code of the Town of Mamaroneck is hereby amended to read as follows: C. The Commission or the Town of Mamaroneck may require the use of specific metal containers, such as dumpsters, by Multifamily Dwellings, Multiple Purpose Buildings, and Nonresidential Buildings. Such containers, as may be required by the Town of Mamaroneck or the Commission, shall be located in enclosures which shall screen the containers from view. Such enclosures: (1) shall be constructed of stockade fence material with hinged gates and with latches to hold the gates closed; (2) may be constructed of other material with the approval of the Town of Mamaroneck Board of Architectural Review; and (3) shall have a height of the greater of five (5) feet or twelve (12) inches higher than the containers which they enclose. Section 5. Collection Procedures: Section 183-4 of the Code of the Town of Mamaroneck is hereby amended to read as follows: A. The Person In Charge shall cause Recyclables to be separated from Solid Waste. 3 B. The Person In Charge shall place all material intended for collection by the Commission or the Town of Mamaroneck where it will be readily accessible for collection as follows: (1) Municipally Collected Solid Waste of Private dwellings shall be kept in a single location at the rear or side of the residence, or in a garage (doors in an open or up position). Municipally Collected Solid Waste shall be set out for collection by 7:00 A.M. on the scheduled collection date. (2) Municipally Collected Solid Waste of Multifamily Dwellings, Multiple Purpose Buildings and Nonresidential Buildings shall be left for collection in accordance with the regulations of the Commission. (3) Other material collected by the Commission or the Town of Mamaroneck shall be placed on the curb (or if no curb, on the edge of the property adjacent to the paved area of the street or roadway, but not in the street or roadway) readily accessible to the collection vehicle. Such material shall be set out for collection by 7:00 A.M. on the scheduled collection date. If collection vehicles are required to enter private property for collection of material, such entry will be at the sole risk of the property owner. (4) Recyclables shall be placed in containers purchased from the Commission or in other containers approved by the Commission. Such containers shall be placed for collection at curbside only (or if no curb, on the edge of the street or roadway, but not in the street or roadway). (5) There shall be no collection from any Building where snow and ice has not been cleared from access pathways or driveways. (6) No material shall be placed for collection prior to sundown of the day preceding the scheduled collection. Section 6. Section 183-5 of the Code of the Town of Mamaroneck is hereby amended to read as follows: Special Requirements for Multifamily Dwellings, Multiple Purpose Buildings and Nonresidential Buildings. A. The Person In Charge of a Multifamily Dwelling, Multiple Purpose Building or Nonresidential Building shall designate a common area on the Building premises in which Solid Waste is to be accumulated. 4 B. The Person In Charge of a Multifamily Dwelling, Multiple Purpose Building or Nonresidential Building shall be responsible for the placement of Solid Waste for collection in accordance with regulations promulgated from time to time by of the Commission and the Town of Mamaroneck. C. The placement of Solid Waste by a lessee of a Multifamily Dwelling, Multiple Purpose Building or Nonresidential Building in an area other than the common area designated by the Person In Charge shall be deemed a violation of this local law by such lessee and not by the Person-in-Charge, provided that the Person In Charge shall have properly designated a common area and shall have given the lessee adequate notice thereof. Section 7. Section 183-6 of the Code of the Town of Mamaroneck is hereby deleted in its entirety. Section 8. Section 183-7 of the Code of the Town of Mamaroneck is hereby amended to read as follows: Special Requirements for Certain Multifamily Dwellings, Multiple Purpose Buildings and Nonresidential Buildings. Owners and occupants of Multifamily Dwellings, Multiple Purpose Buildings and Nonresidential Buildings whose Solid Waste is not collected and disposed of by the Commission shall provide for the collection of Solid Waste and shall also separate Recyclables from other Solid Waste. The Recyclables shall be collected by the Commission in accordance with the rules and regulations of the Commission. Section 9. Section 183-10 of the Code of the Town of Mamaroneck is hereby amended to read as follows: Disposal of Bulky Waste. Bulky Waste shall be collected and disposed of in accordance with the rules and regulations of the Commission. Section 10. Section 183-11 of the Code of the Town of Mamaroneck is hereby amended to read as follows: 5 Limitations on Collections. A. Quantities of Solid Waste to be collected are limited as follows: (1) The equivalent of no more than three (3) thirty-five (35) gallon containers of Municipally Collected Solid Waste shall be collected from each Service Unit each collection day. (2) Yard Waste - Bundled, tied or containered Yard Waste not exceeding the equivalent of three (3) thirty-five (35) gallon containers shall be collected from each Service Unit once each week. Trimmings, tree branches, and logs may not exceed four (4) feet in length and six (6) inches in diameter. (3) Bulky Waste - The equivalent of no more than one (1) yard of Bulky Waste shall be collected from each Service Unit once each week. The Commission shall have the authority to decline to collect certain Bulky Waste according to the Commission's ability to collect and/or dispose of such Bulky Waste. Wood pieces may not exceed four (4) feet in length and six (6) inches in diameter. In the event that Bulky Waste is declined for collection, the waste must be removed from the curb within twenty-four (24) hours of receipt of a notice of refusal. (4) Leaf Removal - During the fall season, leaves must be placed on the curb (or if no curb, on the edge of the property adjacent to the street or roadway, but not in the street or roadway) and will be collected in bulk in accordance with a schedule determined by the Town of Mamaroneck. At all other times, leaves must be bagged for curbside collection. (5) Christmas Trees - Trees shall be placed on the curb (or if no curb, on the edge of the property adjacent to the street or roadway, but not in the street or roadway) and will be collected in January of each year. Christmas trees are exempted from the dimension requirements for Yard Waste. B. The Superintendent of the Commission shall have the authority to decline to collect certain Solid Waste according to the Commission's ability to collect and/or dispose of such Solid Waste. C. The following materials will not be collected: (1) "Regulated medical waste" as defined in Section 1389-aa of the Public Health Law of the State of New York as enacted in Chapter 438 of the 6 1993 Laws of New York State. (2) Material classified as toxic waste by 6 NYCRR Part 366, The Identification and Listing of Hazardous Wastes Pursuant to Article 27, Title 9 of the Environmental Conservation Law, or any ensuing legislation more restrictive than currently in force. (3) Demolition Debris. (4) Waste products not accepted by the County of Westchester according to its regulations. D. The Commission will collect on scheduled days in accordance with its rules, amounts of Solid Waste according to the limitations set forth in this law. Waste in excess of the amounts set forth in this law must be removed or caused to be removed by the Person In Charge at his expense. Section 11. The following new section is added to Chapter 183 of the Code of the Town of Mamaroneck: Commission Transfer Station. A. Any resident of the Town of Mamaroneck may deliver or dispose of Solid Waste, Bulky Waste, Yard Waste or Recyclables at the Commission transfer station in accordance with Commission limitations, rules and regulations. Only waste generated from within the Town of Mamaroneck will be accepted at the transfer station. B. Subject to the approval of the Town of Mamaroneck, the Commission may establish fees for the delivery and/or disposal of such items at the transfer station. C. The delivery of disposal of waste at the transfer station is subject to the rules and regulations of the Commission. Section 12. Effective Date: This local law shall take effect January 1, 1998. C:\MSOffice\Winword\LOCALLAW\1997laws\11-13solid.doc 7