[HISTORY: Adopted by the Board of Trustees of the Village of Perry
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-5-1992 by L.L. No. 3-1992]
A.
The Village of Perry finds that:
(1)
The removal of certain materials from the solid waste stream
will decrease the amount of solid wastes disposed in landfills and aid in
the conservation of valuable resources.
(2)
The New York Solid Waste Management Act of 1988 requires all
municipalities to adopt a local law by September 1, 1992, requiring separation
of recyclable and reusable material from solid waste.
(3)
In order to protect the health, safety and welfare of the people
of the Village of Perry, it is necessary for the Village of Perry to enact
this article in order to encourage and facilitate the maximum recycling practicable
on the part of all residents and all commercial, industrial and institutional
enterprises.
B.
The Village of Perry declares that the purpose of this
article is to establish, implement and enforce recycling-related practices
and procedures to be applicable to all waste generators within the Village
of Perry and to all waste haulers which operate within the Village of Perry.
As used in this article, the following terms shall have the meaning
indicated:
A public or private facility or facilities where recyclables may
be delivered for disposal, including but not limited to dropoff centers, materials
recovery facilities or other such public or private facilities designated
by the Village of Perry.
When the full cost of proper collection, transportation and disposal
of a component of solid waste is equal to or greater than the cost of the
sale of the component.
The staff member of the GLOW Region Solid Waste Management Committee.
Paper, glass, metal, plastic, garden and yard waste and any other
component of solid waste for which an economic market exists or any component
so designated by the Village of Perry.
All putrescible and nonputrescible solid waste, including but not
limited to 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,
or which are being accumulated, stored or physically, chemically or biologically
treated prior to being discarded or rejected, having served their intended
use, or industrial, commercial and agricultural waste, sludges from air or
water pollution control facilities or water supply treatment facilities, rubbish,
ashes, contained gaseous material, incinerator residue, demolition and construction
debris and offal, but not including sewage and other highly diluted water-carried
materials or substances and those in gaseous form, special nuclear or by-product
material within the meaning of the Atomic Energy Act of 1954, as amended,
or waste which appears on the list or satisfies the characteristics of hazardous
waste promulgated by the New York State Commissioner of Environmental Conservation.
The segregation of recyclable material from the solid waste stream
at the point of generation for separate collection, sale or other disposition.
The Village of Perry, Wyoming County, New York.
Any person, household, business, governmental agency, municipality
or other legal entity which produces solid waste requiring off-site disposal.
All persons engaged in the commercial collection, transportation
and/or disposal of solid waste and/or recyclables generated, originated or
brought within the Village of Perry.
To the extent necessary and consistent with other municipal enactments
of a similar nature, the Village of Perry shall be primarily responsible for
all ministerial and administrative duties described or reasonably required
by the terms of this article.
A.
Each waste generator in the Village of Perry shall provide
for the removal of recyclables from the property on which they are generated
either through a service provided by a municipality or a private hauler or
by direct haul by the individual waste generator to an authorized facility.
B.
Nothing in this article is intended to prevent any waste
generator from making arrangements for the reuse, private collection, sale
or donation of recyclables.
A.
All waste haulers in the Village of Perry shall offer
or cause to be offered to their customers collection, transportation and disposal
services for recyclables to the same extent any such waste hauler offers collection,
transportation and disposal services for solid waste. Such services shall
be provided on the same day(s) as solid waste collection, transportation and
disposal services are provided.
B.
No waste hauler shall be required to accept for collection
solid waste which has not been source-separated or is a hazardous waste.
C.
Waste haulers shall recycle or cause to be recycled no
less than 85% by weight of the recyclables collected in the Village of Perry.
D.
All waste haulers must maintain all records and supply
the GLOW Recycling Administrator with a quarterly report of their activities.
Such quarterly reports shall indicate the tonnage of solid waste collected
in the Village of Perry, the location of disposal of solid waste collected
in the Village of Perry, the tonnage of recyclables collected in the Village
of Perry, and the market(s) for the recyclables collected in the Village of
Perry.
E.
Quarterly reports shall be provided no later than 30
days after the end of the quarter, with the first quarter being January, February
and March, the second quarter being April, May and June, the third quarter
being July, August and September and the fourth quarter being October, November
and December.
A.
The Village of Perry may inspect all portions of vehicles
and/or containers used in the collection, transportation and/or disposal of
solid waste and/or recyclables, including but not limited to containers placed
at the curbside of residences, to ascertain compliance with the terms and
conditions of this article.
B.
Any waste generator or any waste hauler not in compliance
with this article shall be subject to enforcement proceedings not inconsistent
with the provisions of any local law providing for enforcement of mandated
source-separation and recycling.
C.
Violation of this article shall be a violation as defined
in § 10, Subdivision 3 of the Penal Law and punishable by a minimum
fine of $50 and not to exceed $250 and/or imprisonment for a period of 15
days.[1]
D.
An action or proceeding may also be maintained in a court
of competent jurisdiction to compel compliance with or to restrain by injunction
the violation of this section.
All waste haulers shall obtain a permit from the Village Clerk prior
to commencing operations within the Village of Perry. The fee for this permit
shall be $100 payable annually on or before November 1.
The Village of Perry is authorized to further implement the purposes
of this article by promulgating regulations from time to time as necessary.
