§ 158-2. Definitions.  


Latest version.
  • As used in this chapter, the following terms shall have meanings indicated:
    AGENCY
    The Onondaga County Resource Recovery Agency.
    AGENCY FACILITY
    Any facility operated by or designated by the Agency. Agency facilities include the Agency transfer stations at Ley Creek and Rock Cut Road, Rock Cut Road waste-to-energy facility, Agency landfill (when built), Agency yard waste composting facilities at Jamesville and Amboy, construction and demolition processing facility at Ley Creek and Agency-designated materials recovery facilities.
    APPROVED DISPOSAL SITE
    The Onondaga County waste-to-energy facility on Rock Cut Road in the Town of Onondaga.
    BRUSH
    Cut or broken branches, trees, shrubs and/or bushes.
    CONSTRUCTION AND DEMOLITION DEBRIS
    Discarded building material, concrete, stones, earth from excavations or grading and all other refuse material resulting from the erection, repair or demolition of buildings, structures or other improvements of property.
    COUNTY
    The County of Onondaga.
    CURB
    That street curb immediately in front of the property from which solid waste material and recyclables to be collected are generated or, in the absence of an actual curb, that portion of the property which is immediately adjacent to the street.
    CURBSIDE COLLECTION
    The use of collection receptacles for residential, commercial, and institutional solid waste generators and the regular periodic pickup and transfer of the contents of such receptacles by a hauler at the location of a waste generator.
    DROPOFF CENTER
    A private or public facility to which a person can deliver recyclable materials.
    ELIGIBLE HOUSEHOLD
    A household residing in a dwelling of three units or less and which is required to utilize recycling containers.
    GARBAGE
    Food waste and/or other disposable household items, exclusive of appliances, furniture and/or household décor.
    HAULER
    Any person, company or firm who engages in the collection, transportation, disposal or delivery of solid waste within our Town.
    HAZARDOUS WASTE
    A. 
    Any waste (excluding household hazardous waste) which is defined or regulated as waste, toxic substance, hazardous chemical substance or mixture, or asbestos (regulated waste) under federal, state or local law, or under rules, regulations, policies or guidelines issued in relation thereto, as they may be amended from time to time, including, but not limited to:
    (1) 
    The Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6901 et seq., as amended by the Hazardous and Solid Waste Amendments of 1984) and the regulations contained in 40 CFR Parts 260-281.
    (2) 
    The Toxic Substances Control Act (15 U.S.C. § 2601 et seq.) and the regulations contained in 40 CFR 761 through 40 CFR 766.
    (3) 
    The State Environmental Conservation Law (Title 9 of Article 27) and the regulations contained in 6 NYCRR Parts 370, 371, 372 and 373 (Subpart 373-3);
    B. 
    Radioactive materials which are source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954 (42 U.S.C. § 2011 et seq.) and the regulations contained in 10 CFR Part 40.
    C. 
    Any other material that by federal, state or local law, or under rules, regulations, policies, guidelines or orders having the force of law in relation thereto are regulated as harmful, toxic or hazardous to health and ineligible for processing at the Agency facility.
    LARGE HOUSEHOLD FURNISHINGS
    All other large and/or bulky articles actually used in the home and which equip it for living, such as chairs, sofas, tables, beds or carpets.
    MAJOR APPLIANCES
    A large and/or bulky household mechanism such as a refrigerator, washer, dryer, stove, furnace or hot water tank.
    MATERIALS RECOVERY FACILITY OR MFR
    A private or public facility for receiving and processing recyclables into marketable commodities.
    MEDICAL WASTE
    Any solid waste which is generated in the diagnosis, treatment or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals.
    MUNICIPAL HAULER LICENSE
    The license issued by the Town to a hauler as a prerequisite to performing solid waste collection services within the Town's municipal limits; also refers to a Town hauler license and is used interchangeably in this chapter.
    OFF-CURB
    The collection of solid waste and recyclable materials at a designated location other than the curb.
    PERSON
    A natural person, association, partnership, firm, corporation, limited liability company, trust, estate or governmental unit and any other entity whatsoever.
    RECYCLABLE MATERIALS
    Those recyclables designated by the County of Onondaga and the Onondaga County Resource Recovery Agency, as well as those designated from time to time by the Town for inclusion in the Town recycling program, initially including, but not limited to, the following:
    A. 
    CORRUGATED PAPER
    Cardboard containers, boxes and packaging, including pizza boxes, which are dry and cleaned of contamination by food wastes or polystyrene commonly called "Styrofoam," and which have been flattened for transport.
    B. 
    GLASS
    Empty, washed glass jars, bottles and containers of clear, green and amber (brown) glass, with caps and other metal removed. This term excludes ceramic, window glass, auto glass, mirror and kitchenware and light bulbs.
    C. 
    METAL
    All ferrous and nonferrous metals, including steel, aluminum and compost cans and containers (cleaned of food wastes) and empty aerosol cans that did not contain hazardous material. This term excludes abandoned automobiles and trucks, scrap metal, wire, pipes, tubing, motors, sheet metal, etc., which are recyclable but must be recycled through scrap dealers.
    D. 
    NEWSPAPERS, MAGAZINES, CATALOGUES, AND PAPERBACK BOOKS
    Includes common machine-finished paper made chiefly from wood pulp used for printing newspapers, as well as glossy inserts, magazines, catalogues, paperback books and phone books. All must be free of contaminants.
    E. 
    OFFICE PAPER
    All bond paper and also computer printout, stationery, photocopy and ledger paper of any color from all waste generators. Paper should, if possible, be free of tape, adhesives, labels, rubber bands, paper clips, binders and other contaminants. This term excludes carbon paper, chemical transfer paper and tyvek or plastic-coated envelopes.
    F. 
    PLASTICS
    All HDPE-type and PET-type plastic bottles (No. 1, No. 2, and No. 5, including empty, washed food, beverage, detergent, bleach and hair-care containers, with lids removed. This term excludes all photographic film, vinyl, rigid and foam plastic materials, as well as plastics numbered 3 through 7 and HDPE oil bottles, as well as No. 1, No. 2 and No. 5 containers that are not bottles or that contained hazardous material.
    G. 
    KRAFT PAPER
    As found in brown paper bags and package wrapping.
    H. 
    BEVERAGE CARTONS
    Includes gabled-topped paper cartons that contained milk and juice products.
    I. 
    PAPERBOARD
    Paper packaging as found in cereal, cracker and tissue boxes, etc., and toilet tissue and paper towel tubes.
    J. 
    MIXED PAPER
    Includes discarded and bulk mail, computer paper, colored paper, greeting cards, wrapped paper and carbonless multi-part forms; excludes any paper coated with foil or plastic.
    RECYCLABLES
    Those materials which can be practically separated from nonrecyclable waste for which reuse markets can be accessed for less than the cost of disposal. No material shall be excluded from this definition solely for the purpose of maintaining the volume of waste processed by the Rock Cut Road waste-to-energy facility.
    RECYCLING CONTAINER
    The blue bin or other container supplied by the Agency, the county, the Town or their designees for use by eligible households within the Town. Such containers shall be used exclusively for the storage of recyclable materials. Such containers shall at all times remain the property of the Agency or Town, as the case may be.
    RECYCLING LAW
    The Onondaga County Source Separation Law, Local Law No. 12, adopted March 6, 1989, as subsequently amended.
    REFUSE
    All material discarded or neglected as useless or worthless. This may include but is not limited to solid waste, brush, yard, and garden waste and/or construction and demolition debris.
    REGULATED MEDICAL WASTE
    Those medical wastes that have been listed in 6 NYCRR 364.9, Paragraph (c)(1), and that must be managed in accordance with the requirements of that part.
    RESIDENTIAL HAULER
    Any person, company or firm which engages in the collection, transportation, disposal or delivery of solid waste and recyclable materials from tax parcels containing three or fewer dwelling units pursuant to a Town Refuse Collection District No. 1 contract.
    SOLID WASTE
    All materials or substances discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including but not limited to garbage, and residential, governmental, commercial and/or light industrial refuse, but shall not include recyclables, brush, yard and garden waste, human wastes, rendering wastes, demolition wastes, residue from incinerators or other destructive systems for processing waste (other than now-existing individual building incinerators, the residue from which is presently collected as part of normal refuse collection practices), junked automobiles, pathological, medical, toxic, explosive, radioactive material or other waste material which, under existing or future federal, state or local laws, require special handling in its collection or disposal.
    SYSTEM
    Onondaga County's solid waste management system as operated by the Onondaga County Resource Recovery Agency and every aspect thereof, including but not limited to the Rock Cut Road waste-to-energy facility (when built), Agency landfill (when built), yard waste composting facilities at Jamesville and Amboy, Construction and Demolition processing facility at Ley Creek and the Rock Cut Road and Ley Creek transfer stations.
    TOWN
    The Town of DeWitt.
    TOWN BOARD
    The Board of the Town of Dewitt.
    TOWN CLERK
    The Clerk of the Town of DeWitt.
    TOWN HAULER LICENSE
    The license issued by the Town to a hauler as a prerequisite to performing solid waste collection services within the Town's municipal limits; also refers to a municipal hauler license and is used interchangeably in this chapter.
    TOWN REFUSE COLLECTION DISTRICT NO. 1
    The special district created by the Town for the purpose of collecting residential solid waste and recyclable materials.
    TOWN REFUSE COLLECTION DISTRICT NO. 1 CONTRACT
    A contract or contracts awarded by the Town on behalf of the Town Refuse Collection District No. 1.
    TOWN STICKER
    An adhesive-backed sticker issued by the Town upon successful completion of an application for a Town hauler license.
    WASTE GENERATOR
    Any person who produces solid waste requiring off-site disposal.
    YARD AND GARDEN WASTE
    Garden waste, leaves, grass clippings, and/or weeds.