[HISTORY: Adopted by the Town Board of the
Town of Bergen as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Junkyards — See Ch. 304.
[Adopted 7-13-1992 by L.L. No. 1-1992]
A.
The Town of Bergen finds that 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.
B.
The Town of Bergen finds that the New York Solid Waste
Management Act of 1988 requires all municipalities to adopt a local
law or ordinance by September 1, 1992 requiring that solid waste which
has been left for collection or which is delivered by the generator
of such waste to a solid waste management facility shall be separated
into recyclable, reusable or other components for which economic markets
for alternate uses exist.
C.
The Town of Bergen finds that in order to protect
the health, safety, and welfare of the people of the Town, 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.
D.
The Town of Bergen declares that the purpose of this
article is to establish and implement recycling related practices
and procedures to be applicable to all waste generators within the
Town to promote the safety, health and well-being of persons and property
within the Town of Bergen and to implement the express policy of the
State of New York encouraging waste stream reduction through recycling.
As used in this article, the following terms
shall have the following meanings:
A public or private facility or facilities where recyclables
may be delivered for processing, reprocessing and/or recycling, including
but not limited to drop-off centers, materials recovery facilities,
or other such public or private facilities.
Any material designated from time to time, by the Town; 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.
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 are being accumulated, stored,
or physically, chemically or biologically treated prior to being discarded
or rejected, having served their intended use, or as industrial, commercial
or agricultural waste, sludges from air or water pollution control
facilities or water supply treatment facilities, rubbish, ashes, contained
gaseous material, incinerator residue, construction and demolition
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 recyclable material from the solid waste
stream at the point of generation for separate collection, sale or
other disposition.
The Town of Bergen, 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 Town.
A.
Each 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; or a private
hauler; or by direct haul by the individual waste generator to an
authorized facility.
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; provided, however, that such recyclables
shall not be placed curbside or at any other designated collection
place on or immediately preceding the day for collection of such recyclables.
A.
All waste haulers in the Town shall offer or cause
to be offered to their customer's 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 pickup, transportation or disposal services are provided.
B.
No waste hauler shall be required to accept for collection
solid waste which has not been source-separated or hazardous waste.
C.
All waste haulers must maintain records of recyclables
collected and supply such reports to the Town, as often as reasonably
requested by the Town but at least twice per year.
A.
The Town 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 curbside of residences or delivered to the Town transfer
facility, to ascertain compliance with the terms and conditions specified
in this article.
B.
Failure of a residential waste generator to comply
with the provisions of this article shall result in a fine or warning
for each violation as follows: warning for the first violation; $25
for the second violation and $50 for each subsequent violation.
C.
During any 12 consecutive months, the failure of a
commercial waste generator to comply with the provisions of this article
shall result in a fine or warning for each violation as follows: warning
for the first violation; $25 for the second violation and $50 for
each subsequent violation.
D.
Failure of a waste hauler to comply with the provisions
of this article shall result in a fine or warning for each violation
as follows: warning for the first violation; $25 for the second and
$50 for each subsequent violation.
E.
All fines will be doubled if not paid within 30 days
of assessment.
F.
The Town shall be primarily responsible for the enforcement
of this article and collection of all fines and penalties provided
herein.
This article shall become effective on August
1, 1992.
