[HISTORY: Adopted by the Town Board of the Town of Avon as indicated
in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Outdoor storage — See Ch. 105.
[Adopted 8-13-1992 by Ord.
No. 1-92]
This article shall be known as "Ordinance No. 1-92, Source Separation
and Recycling Law."
The Town of Avon finds that:
A.
The removal of certain materials from the solid waste
stream will decrease the amount of solid waste disposed of in landfills and
aid in the conservation of valuable resources.
C.
In order to protect the health, safety and welfare of
the people of the Town of Avon, it is necessary for the Town to enact this
article in order to encourage and facilitate the maximum recycling practicable
on the part of every household, business and institution within the Town.
This article is adopted pursuant to Chapter 541 of the Laws of 1976
as amended and Chapter 552 of the Laws of 1980 of the State of New York as
amended to:
When used in this article, unless otherwise indicated, the following
terms shall have the meanings indicated:
Any business, governmental agency, municipality or other nonresidential
generator of solid waste requiring off-site disposal.
Livingston County, New York, or any authorized county agency.
A private or publicly operated facility to which recyclables can
be delivered.
A private or public facility for receiving source-separated recyclable
materials and processing them into marketable commodities.
Any material designated as such by the county, provided that such
material is not hazardous and can be reasonably separated from the solid waste
stream and held for material recycling or reuse value.
Rules and regulations adopted by the county pertaining to the separation,
collection, transportation and disposal of recyclables, as may be amended
from time to time by the county.
Any person or household which produces solid waste requiring off-site
disposal.
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 owners at the time of such discard or rejection,
or 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 Commissioner of the Department of Environmental Conservation.
The segregation of recyclables from the solid waste stream at the
point of generation for separate collection, sale or other disposition.
This article.
Avon, New York.
A commercial waste generator or a residential waste generator.
All persons licensed by the Town to engage in the commercial collection,
transportation and/or disposal of solid waste and/or recyclables generated,
originated or brought within the county.
A.
Each commercial and residential waste generator in the
Town shall source-separate recyclables from solid waste.
B.
Each waste generator in the Town shall provide for the
removal of recyclables from the property on which they are generated either
through a service provided by the municipality, a private hauler or by direct
haul by the individual waste generator to a disposal location permitted by
law.
C.
Nothing in this article is intended to prevent any waste
generator from making arrangements for the reuse, private collection, sale
or donation of recyclables.
D.
Each waste generator shall provide for the source separation
of recyclables in conformance with the recycling rules and regulations.
A.
All waste haulers doing business in the Town shall offer
or cause to be offered to their customers collection, transportation and disposal
services for recyclables as any such waste hauler offers collection, transportation
and disposal services for solid waste. Unless otherwise provided in the recycling
rules and regulations, such services shall be provided on the same day(s)
as solid waste pickup, transportation or disposal services are provided.
B.
Waste haulers are required to take recyclables to a materials
recovery facility where such materials are recycled.
C.
Waste haulers are required to follow the requirements
of the recycling rules and regulations.
This article shall be primarily administered by the Town. The county
shall be primarily responsible for the development and implementation of the
recycling rules and regulations.
[Added 9-8-2005 by L.L. No. 3-2005]
Any person, firm, business, corporation or other entity who violates
or fails to comply with any provision of this article or any rule or regulation
promulgated pursuant thereto shall, upon conviction thereof, be punished by
a fine and/or imprisonment not to exceed the following amounts for the following
offenses:
