Village of North Collins, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of North Collins: Art. I, at time of adoption of Code 11-10-1992 by L.L. No. 1-1992; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 58.
Littering — See Ch. 112.
[Adopted 11-10-1992 by L.L. No. 1-1992]

§ 146-1 Title.

This Article shall be known as the "Mandatory Recycling Law of the Village of North Collins."

§ 146-2 Definitions.

As used in this Article, the following terms shall have the meanings indicated:
AUTHORIZED COLLECTOR
A person, individual or partnership or corporation, employer or agent thereof authorized by contract or license with the municipality to collect solid waste from residential, commercial and institutional properties as herein defined under the terms and conditions of this Article. In the event of municipal collection, this definition shall include the governing body and employees thereof.
BULKIES
Large items such as sofas, upholstered chairs, mattresses and box springs but not including large appliances (white goods) such as refrigerators, stoves, dishwashers, dryers, etc., which are considered recyclable.
COLLECTOR
The person, firm or agency or public body, employee or agent thereof who is engaged in the collection of and/or transportation of solid waste.
COMMERCIAL OPERATIONS
All properties used for industrial or commercial purposes, including but not limited to retail and wholesale establishments, apartments with four or more units, trailer courts, offices, garages, gas stations, manufacturing and repair establishments, banks, motels, restaurants and other similar and related facilities.
CONTAINER
Can, bin, box, bag or other unit used for storage of recyclable materials not to exceed a twenty-gallon capacity.
FACILITY
Any solid waste management-resource recovery facility employed beyond the initial solid waste collection process which is to be used, occupied or employed for or is incidental to the receiving, transporting, storage or processing or disposal of solid waste or the recovery by any means of any material or energy product or resource therefrom, including recycling centers, transfer stations, processing systems, resource recovery facilities, sanitary landfills, plants and facilities for composting or landscaping of solid wastes, secure land burial facilities, reprocessing and recycling facilities, surface impoundments and waste oil storage, incinerators and other solid waste disposal, reduction or conversion facilities.
HAZARDOUS WASTE
Solid waste that is especially harmful or potentially harmful to public health. This shall include, but not be limited to, explosives, toxic materials and medical waste. For purposes of this Article, "hazardous waste" does not include small quantities of such waste available on a retail basis to the homeowner (e.g., aerosol cans, pesticides, fertilizers, etc.).
INSTITUTION
An organization or establishment devoted to the promotion of a particular object or cause, including schools, nursing homes and retirement homes, health facilities, governmental facilities, libraries, fire halls, etc.
MUNICIPAL SOLID WASTE (MSW)
All putrescible and nonputrescible materials, including garbage, refuse and other discarded solid materials, including but not limited to solid waste materials resulting from industrial, commercial and agricultural operations and from community activities. Liquids, semisolids and contained gaseous materials are hereby defined as "solid waste." It shall not include solids or dissolved material in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial wastewater effluents, dissolved materials in irrigation return flows or other common water pollutants. In addition, it shall not include hazardous waste.
PERSON
Any individual, firm, partnership, association, corporation, institution or other entity.
PRIVATE COLLECTOR
A person, firm, corporation or legal entity providing for the collection of MSW and/or recyclable materials. To operate in the Village of North Collins, a "private collector" shall be required to obtain a license from the Village of North Collins and be subject to the rules and regulations of the village.
PRIVATE SUBSCRIPTION
The collection of MSW and recyclable materials where the resident contracts directly with the private collector of the subscriber's choice.
A. 
Those materials specified by the municipality for separate collection in accordance with recycling regulations. Such materials may include, but are not limited to:
(1) 
Aluminum products and containers fabricated primarily of aluminum and commonly used for soda, beer, beverages or other food or drink.
(2) 
Containers fabricated primarily of steel or tin or bimetal cans of steel, tin and/or aluminum, other than aluminum cans.
(3) 
New and used glass food and beverage containers which have been rinsed and are free of food contamination, including clear (flint), green and brown (amber) colored glass bottles and jars. Glass shall not include ceramics, plate glass, auto glass, pyrex, leaded glass, mirrored glass or flat glass.
(4) 
Includes high-density polyethylene (HDPE) and polyethylene terephthalate (PET) designated respectively as No. 2 and No. 1 on the recycling code located on the containers.
(5) 
Common, inexpensive machine-finished paper made chiefly from wood pulp and used for newspapers.
(6) 
Wood-pulp-based material which is usually smooth on both sides, with a corrugated center. It is commonly used for boxes and excludes material with a wax coating.
(7) 
White and colored office bond, duplicating paper, computer paper and other high-quality paper.
(8) 
Magazines, glossy catalogs and other glossy paper.
(9) 
Stoves, refrigerators, dishwashers, dryers, washing machines, water heaters and other large appliances and scrap metal but excluding air conditioners, microwaves and televisions.
B. 
The above materials will be reviewed quarterly and will be modified as the need arises by the Village of North Collins Engineer or other designated person.
RECYCLING
The separation, collection, processing, recovery and sale or reuse of metals, glass, paper, plastics and other material which would otherwise be disposed of as solid waste.
RESIDENT
Any person residing within the Village of North Collins on a temporary or permanent basis, but excluding persons residing in hotels or motels.
RESIDENTIAL PROPERTY
Properties used as dwellings, including buildings having up to four dwelling units in one building. Multiple-dwelling residential buildings containing more than four dwelling units, for purposes of this Article, shall be treated as commercial properties.
SOLID WASTE MANAGEMENT
The purposeful systematic control of the storage, collection, transportation, processing and disposal of solid waste.
SOURCE SEPARATE
To separate the recyclable materials from the MSW stream at the point of waste generation.
YARD WASTE
Organic yard and garden waste, leaves, grass clippings and brush.

§ 146-3 Collection of accumulated waste.

A. 
No person shall permit any municipal solid waste to accumulate for a period of longer than seven days upon property owned or occupied by said person in the municipality.
B. 
Owners and occupiers of residential property are hereby required to make accumulated municipal solid waste available for collection as scheduled under the terms hereof. (This section does not apply to owners, occupiers and tenants of farm property.)
C. 
All municipal solid waste accumulated on any residential property in the municipality shall be collected, conveyed and disposed of by the municipality or by an authorized collector under contract with the municipality and in accordance with the provisions of this Article.
[Amended 7-11-1995 by L.L. No. 1-1995]
D. 
All municipal solid waste accumulated on commercial and institutional properties shall be collected, conveyed and disposed of by authorized collectors under contract with, or licensed by, the Village of North Collins. In such a case where a commercial or institutional establishment contracts directly with a collector, the fee or payment shall be a matter of private agreement between the owners or occupiers and the collector. When approved by the municipality, owners of nonresidential properties may collect, convey and dispose of privately generated municipal solid waste by their own containers and/or trucks, provided that they comply with the provisions of this Article applicable thereto and New York State Department of Environmental Conservation regulations.
E. 
No person shall set out to the curb any solid waste or recyclable materials for collection more than 24 hours in advance of scheduled pickup.
[Amended 7-11-1995 by L.L. No. 1-1995]

§ 146-4 Recyclable materials.

A. 
Source separation. Municipal solid waste generated or originated within the Village of North Collins which has been left for collection or which is delivered by the generator of such waste to a facility shall be handled in the following manner:
(1) 
Prior to initial collection or transport, source separation shall be required of each and every person or party discarding municipal solid waste and/or recyclable materials. Recyclable materials shall not be commingled with other solid waste during collection, transportation or storage following collection.
(2) 
Collectors collecting residential, commercial and/or institutional MSW generated within the Village of North Collins shall refuse to collect MSW from any person or party who has clearly failed to source-separate the recyclable materials and/or who has not properly prepared the recyclable materials to the specifications of the collector. A written explanation shall be provided to the person or party for the reason of the refusal for collection of the materials by the collector.
B. 
Collection.
(1) 
Only authorized collectors who are acting under authority of the Village of North Collins shall collect, pick up, remove or cause to be collected, picked up or removed any solid waste recyclable materials so placed for collection. Each such unauthorized collection, pickup or removal shall constitute a separate violation of this Article; provided, however, that where the authorized collector has refused to collect certain recyclable materials because they have not been separated, placed or treated in accord with the provisions of this Article, the person responsible for initially placing those materials for collection may and shall remove those materials from any curb, sidewalk or street side.[1]
[1]
Editor's Note: Former Subsection B(2), which immediately followed this subsection, dealing with private arrangements for pickup, was repealed 7-11-1995 by L.L. No. 1-1995.

§ 146-5 Authorized collectors; license required.

A. 
All authorized collectors must obtain a solid waste collection license from the Village of North Collins. A fee for such license shall be set by the governing body on an annual basis, and all licenses shall be issued for the calendar year, or such portion thereof. There shall be no reduction in the fee for a license issued after the beginning of any calendar year.
B. 
An authorized collector sticker shall be prominently displayed on each vehicle operated by or on behalf of the authorized collector.
C. 
Authorized collector applications may be denied if the applicant or licensee has been adjudged or administratively determined to have committed one or more violations of this Article during the preceding year.
D. 
All authorized collectors licensed by the Village of North Collins shall indemnify and hold harmless the Village of North Collins for any pending, threatened or actual claims, liability or expense arising from waste disposal by the authorized collector in violation of this Article.
E. 
Authorized collectors shall offer collection services for all recyclable materials to all residential customers from whom they provide MSW collection services at the same times and on the same days as services are provided to their customers for solid waste collection.

§ 146-6 Collection and disposal report.

A. 
Each collector who shall apply for a license under this Article shall state the manner of collection and the place and method of disposal of the MSW and recyclable materials from its residential, commercial, industrial and institutional customers. Each collector shall maintain separate monthly records of solid waste and recyclable materials collected, transported or disposed of by the authorized collector which include the following information:
(1) 
The municipality or geographical area and number of units in which the solid waste or recyclable material was generated.
(2) 
The quantity, by ton, of solid waste and of each type of recyclable material collected.
(3) 
The quantity, by ton, of recycled material delivered to a recycling facility(ies) and the location of the recycling facility(ies).
(4) 
The quantity, by ton, of solid waste delivered to each facility.
B. 
Reports containing the information required as stated above shall be compiled and delivered to the Village Clerk or other designated individual for each reporting period as designated by the regulations, but which shall be no more frequently than quarterly.
C. 
Authorized collectors shall not accept for collection MSW which has not been source-separated in conformity with this Article.

§ 146-7 Revocation of license; notice; hearing.

A. 
When the designated public official determines that a failure to comply with this Article may have occurred, she/he shall recommend to the municipality that the authorized collector application or the license be denied, suspended or revoked or its holder subjected to a reprimand or fine or that the generator or originator of the solid waste or recyclable materials be subject to sanctions, fines or penalties as described herein. Notice and an opportunity to be heard shall be provided prior to the denial, suspension or revocation of a solid waste license or authorized collector permit or the issuance of a sanction, fine or penalty.
B. 
Notice.
(1) 
The designated public official shall notify the affected generator, applicant or licensee of the alleged failure in writing. The notice shall include the following:
(a) 
A statement of the condition allegedly violated, referring to the pertinent ordinance, law, rule or regulation.
(b) 
A short and plain statement of the alleged misconduct.
(c) 
A statement of the time, place and nature of the hearing.
(2) 
The notice shall be personally served or sent by registered mail to the generator's, applicant's or licensee's last known address, at least 10 days before the hearing date, with a copy to the administrator.
C. 
Hearing.
(1) 
Hearings shall be held before the Town Justice within a reasonable period, which shall be at least 10 days after service of notice.
(2) 
The generator, applicant or licensee may be represented by counsel at the hearing and may offer evidence and cross-examine witnesses.
(3) 
Within 20 days after the close of the hearing:
(a) 
The Town Justice shall determine whether the alleged failure to comply with this Article has occurred.
(b) 
If the Town Justice determines that such a failure has occurred, the Town Justice shall decide whether the generator or applicant shall be subject to fine or penalty, the application shall be denied or an existing solid waste license or authorized collector status be suspended or revoked or its holder subjected to a reprimand and issue an order carrying out this decision.
D. 
Determinations, decisions and orders.
(1) 
Disposition may be made by stipulation, agreed settlements, consent order, default or other informal method.
(2) 
The Town Justice shall promptly notify the applicant or licensee, in writing, of the final determination, decision or order.

§ 146-8 Inspections; appearance tickets.

A. 
All portions of vehicles and containers used to haul, transport or dispose of recyclable materials, including such containers placed outside residences, shall be subject to inspection to ascertain compliance with this Article by any police officer, code officer and any other public official designated by the Village of North Collins.
B. 
Police officers, peace officers, code officers and the specified public servants are hereby authorized and directed to issue appearance tickets for violations of this Article.

§ 146-9 Penalties for offenses.

A. 
During any 12 consecutive months, the failure of any person engaged in the business of collecting MSW and/or recyclable materials or rendering solid waste and/or recycling services who is not authorized by the Village of North Collins or who collects, picks up, removes or causes to be collected, picked up or removed MSW or recyclable materials in a manner not in compliance with this Article shall be guilty of a violation, punishable by a fine of not less than $200 and not exceeding the sum of $1,000 or by imprisonment for a term not exceeding 15 days, or both. Each day such violation occurs or continues shall constitute a separate offense.
B. 
Failure of a waste generator to comply with the provisions in this Article designated as violations shall be punishable as follows:
(1) 
For the first conviction: a written warning clearly stating the nature of the violation and a schedule of fines for future convictions.
(2) 
For the second conviction within one year: by a fine of not less than $40 nor more than $75.
(3) 
For the third conviction within one year: by a fine of not less than $75 nor more than $125.
(4) 
For a fourth and each subsequent conviction within one year: by a fine of not less than $125 nor more than $275.
C. 
Any penalties or damages recovered or imposed under this Article are in addition to any other remedies available at law or equity.
D. 
No penalties, fines, civil sanctions or other enforcement actions will be commenced prior to January 1, 1993, in order to permit persons regulated hereunder to come into compliance with this Article.

§ 146-10 Effective date.

The provisions of this Article shall be effective on September 1, 1992.

§ 146-11 Payment of charges; lien.

[Added 3-2-1993 by L.L. No. 2-1993]
All unit charges shall become due and payable at the same time and in the same manner as other village taxes and assessments. Unit charges of the district shall constitute a lien upon the real property of the service unit on the first day of June in each year. Penalties and interest for unit charges in arrears shall be imposed and collected in the same amounts and in the same manner as they are imposed on other village taxes and assessments.