ARTICLE I, General Regulations

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Chapter 135, Garbage, Rubbish and Refuse

ARTICLE I, General Regulations

§ 135-1. 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.

CONTAINER -- A plastic bag, metal or plastic pail or can or any other type of metal, plastic or wood container that is suitable for the holding of garbage, trash, refuse or waste which will not deteriorate or break apart when wet and holds no more than fifty (50) pounds in weight nor forty (40) gallons in capacity, when used for garbage, trash, refuse or waste disposal.

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 characteristic, 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, waste, oils and/or all those articles or materials listed under § 27-0903 of the Environmental Conservation Law as drawn up by the Commissioner.

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 -- Waste paper, cardboard, cardboard boxes and containers.

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

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

STORAGE -- The containment of waste, garbage or refuse for a period of over fourteen (14) days in such a manner as not to constitute disposal of such waste.

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

VEHICLE -- A motor vehicle designed or adapted for use in the removal of garbage and trash.

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.

§ 135-2. General regulations and restrictions

The following regulations and restrictions are hereby established:

A. All garbage, trash and refuse shall be placed in containers and shall not exceed fifty (50) pounds in weight nor forty (40) gallons' capacity.

B. Garbage, trash and refuse shall not be placed in the same container with ashes.

C. Ashes shall be placed in fireproof containers provided with handles which shall not be filled higher than within four (4) inches from the top and shall not exceed thirty (30) gallons' capacity.

D. No container shall be used which is in a filthy, leaky or defective condition, and containers shall be maintained in a clean, watertight and good condition.

E. All containers shall be located in the rear of the premises except on the designated collection day. Containers shall not be placed at the curb prior to 3:00 p.m. the day before the designated collection day and must be removed from the curb no later than 8:00 p.m. on the day of collection.

F. All containers kept or placed out-of-doors shall be provided with covers to prevent rain or snow from accumulating therein.

G. Walks, paths, driveways and alleys shall be kept reasonably free from snow and ice to permit removal of containers.

§ 135-3. Collection schedule

A. Collection of garbage, refuse, trash, paper and ashes shall be made from private dwellings at least once a week and once a week from hotels, restaurants and other places of business within the business district.

B. Garbage collection dates will be determined by the Superintendent of Public Works for all sections of the village. Any variation of dates due to holidays shall be published in the official designated newspaper.

§ 135-4. Removal to be by authorized persons

Except as otherwise provided herein, 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. No garbage, refuse, paper, trash or ashes shall be collected or conveyed over the streets, alleys, lanes and thoroughfares of this village by any other persons; provided, however, that 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.

§ 135-5. Prohibited disposal

A. Public property. No person shall place, throw or deposit or cause to be placed, thrown or deposited any garbage, refuse, papers, trash, hazardous waste and/or material or ashes upon any sidewalk, street, alley, lane, gutter or any public ground in the village or into any stream or upon the banks of any stream running through or adjacent to said village.

B. Private property. No person shall place, throw or deposit or cause to be placed, thrown or deposited any garbage, refuse, papers, trash, hazardous waste and/or material or ashes upon the private property of another person, except that ashes may be deposited thereon with the owner's permission for the purpose of filling land.

C. Burning or burying. No person shall bury or burn or cause to be buried or burned any garbage, refuse, papers, trash, hazardous waste and/or materials within the village limits, unless authorized to do so, in writing, by the Board of Trustees.

§ 135-6. Vehicles used in transporting

The collection, removal and carrying of garbage, refuse, trash, paper, hazardous waste, ashes and/or materials on and over any highway, street, alley or lane of the Village of Ilion must be done in a covered watertight vehicle which shall be in accordance with the rules and regulations of the Board of Health, §§ 377, 378 and 3810EN of the Vehicle and Traffic Law of New York State, and in compliance with the provisions of §§ 140 and 14-f of the Transportation Law and safety rules and regulations promulgated thereunder. No garbage, papers, trash, refuse, hazardous waste, ashes and/or materials shall be spilled or scattered along the streets, alleys, lanes, places or highways and public places, and the vehicles used for collection and transportation of such materials shall not be allowed to stand or tarry along said public places and streets for a longer time than shall be reasonably necessary for the loading of the same.

§ 135-7. Disposal of garbage originating outside village; disposal on private property; storage; exceptions

A. Garbage or trash 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, 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 or trash 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, 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.

C. Permitting the disposal of garbage, trash, hazardous waste, waste, white goods on private property within the Village of Ilion. No occupant, owner, lessee, manager, corporation or person shall dispose of any garbage, trash, hazardous waste, waste, waste products or white goods, refuse, paper and/or material on any property within the Village of Ilion that is owned or leased by him or her or is under his or her care by leaving on or burying any said products.

D. Storage of garbage, trash, paper or refuse.

(1) No person shall store garbage on private property of himself or others for a period of more than seven (7) days in or upon premises of a building, garage, shed or other structure. All such garbage shall be placed in the proper disposal bags and be placed at the curb weekly for garbage collection purposes.

(2) No person shall store any trash, garbage, paper or refuse on any premises or building structure in a manner that may be unsightly, obnoxious, unattractive, offensive or repulsive to the neighborhood, residents of the premises, other premises in the area and/or others. The owner, renter, lessee, agent, association and/or any other person having possession, control or ownership of the premises shall be responsible for any violations of this section and may be cited on any and all violations.

E. Exceptions.

(1) Ashes may be deposited by permission of the owner of the premises on lands within the Village of Ilion for the sole purpose of filling land when they are immediately covered with dirt to prevent blowing or scattering.

(2) Dirt fill may be deposited on private or public property with the permission of the owner as long as it is free from hazardous waste, trash, garbage, refuse and paper products.