Section 16-120. Receptacles for the removal of waste material  


Latest version.
  • a. The owner,
      lessee, agent, occupant or  other  person  who  manages  or  controls  a
      building  or dwelling shall provide and maintain in accordance with this
      section separate receptacles for the deposit of incinerator residue  and
      ashes;  refuse,  and liquid waste. The receptacles shall be provided for
      the exclusive  use  of  each  building  or  dwelling  and  shall  be  of
      sufficient  size  and  number  to contain the wastes accumulated in such
      building  or  dwelling  during  a  period  of  seventy-two  hours.   The
      receptacles shall be made of metal or other material of a grade and type
      acceptable  to  the  department,  the  department  of  health and mental
      hygiene and the department  of  housing  preservation  and  development.
      Receptacles  used  for  liquid  waste shall be constructed so as to hold
      their contents without leakage. Metal containers shall be provided  with
      tight fitting metal covers.
        b.  Ashes  and incinerators residue, refuse and liquid wastes shall be
      separated and placed  into  separate  receptacles.  No  receptacle  when
      filled shall weigh more than one hundred pounds.
        c.  Incinerator,  residue,  ashes,  refuse  and  liquid waste shall be
      stored in the building or dwelling or at the rear  of  the  building  or
      dwelling  as  may  be  required  by  the department of health and mental
      hygiene or the department of housing preservation and development  until
      time  for  removal  and  kept  in  tightly  covered metal receptacles or
      containers made of other materials of a type and grade acceptable to the
      department, department of health and mental hygiene, and the  department
      of  housing  preservation  and development. After the contents have been
      removed by the department or other  collection  agency  any  receptacles
      remaining  shall  be  removed from the front of the building or dwelling
      before 9:00 p.m. on the day of collection, or if such collection  occurs
      after  4:00 p.m., then before 9:00 a.m. on the day following collection.
      The receptacles shall at all times be kept covered or closed and kept in
      a manner satisfactory to the department, the department  of  health  and
      mental  hygiene, and in the case of residential premises, the department
      of  housing  preservation  and  development.  No  receptacles,   refuse,
      incinerator  residue  or  ashes,  or liquid waste shall be kept so as to
      create a nuisance. Yard sweepings, hedge cuttings, grass, leaves, earth,
      stone or bricks shall not be mixed with household wastes.
        d. Newspapers, wrapping paper or other light refuse or  rubbish  which
      is  likely  to be blown or scattered about the streets shall be securely
      bundled, tied  or  packed  before  being  placed  for  collection.  Such
      material  shall  be kept and placed for collection in the same manner as
      the receptacles.
        e. No person shall deposit household or commercial  refuse  or  liquid
      wastes in a public litter basket placed on the streets by the department
      or  any  other  person. There shall be a rebuttable presumption that the
      person whose name, or other  identifying  information,  appears  on  any
      household or commercial refuse or liquid wastes deposited in such public
      litter basket violated this subdivision.
        f.  Any  person  violating  the  provisions  of  this  section, except
      subdivision e, shall be liable for a civil  penalty  of  not  less  than
      twenty-five  nor  more than one hundred dollars for the first violation,
      not less than one hundred dollars nor more than two hundred dollars  for
      a second violation within any twelve-month period, and not less than two
      hundred  dollars  nor  more  than  three  hundred dollars for a third or
      subsequent violation with any twelve-month period. Any person  violating
      the  provisions  of  subdivision e of this section shall be liable for a
      civil penalty of not less than one hundred dollars nor more  than  three
      hundred dollars for the first violation, not less than two hundred fifty
      dollars nor more than three hundred fifty dollars for a second violation
    
      within  any  twelve-month  period, and not less than three hundred fifty
      dollars nor more than four hundred dollars for  a  third  or  subsequent
      violation within any twelve month period.
        g. In the instance where a notice of violation is issued for breach of
      the  provisions  of this section such process shall be returnable to the
      environmental control board, which shall have the power  to  impose  the
      civil penalties provided in subdivision f of this section.
        h. In the event that a person fails to answer such notice of violation
      within  the  time  provided therefor by the environmental control board,
      that person shall become liable for additional penalties. The additional
      penalties shall not exceed three hundred dollars for each violation.
        i.  Nothing  herein  contained  shall  be  construed   to   supersede,
      substitute  for  or  abrogate  the  provisions  of  article  one hundred
      fifty-three of the health code or article  five  of  subchapter  two  of
      chapter two of title twenty-seven of the code.