[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.]
[Adopted 11-10-1992 by L.L. No. 1-1992]
This Article shall be known as the "Mandatory Recycling Law
of the Village of North Collins."
As used in this Article, the following terms shall have the
meanings indicated:
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.
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.
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.
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.
Can, bin, box, bag or other unit used for storage of recyclable
materials not to exceed a twenty-gallon capacity.
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.
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.).
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.
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.
Any individual, firm, partnership, association, corporation,
institution or other entity.
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.
The collection of MSW and recyclable materials where the
resident contracts directly with the private collector of the subscriber's
choice.
Those materials specified by the municipality for separate collection
in accordance with recycling regulations. Such materials may include,
but are not limited to:
ALUMINUMAluminum products and containers fabricated primarily of aluminum and commonly used for soda, beer, beverages or other food or drink.
METAL CANSContainers fabricated primarily of steel or tin or bimetal cans of steel, tin and/or aluminum, other than aluminum cans.
GLASS FOOD AND BEVERAGE CONTAINERSNew 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.
PLASTIC FOOD AND BEVERAGE CONTAINERSIncludes high-density polyethylene (HDPE) and polyethylene terephthalate (PET) designated respectively as No. 2 and No. 1 on the recycling code located on the containers.
NEWSPRINTCommon, inexpensive machine-finished paper made chiefly from wood pulp and used for newspapers.
CORRUGATEDWood-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.
HIGH-GRADE PAPERWhite and colored office bond, duplicating paper, computer paper and other high-quality paper.
MAGAZINESMagazines, glossy catalogs and other glossy paper.
LARGE APPLIANCESStoves, refrigerators, dishwashers, dryers, washing machines, water heaters and other large appliances and scrap metal but excluding air conditioners, microwaves and televisions.
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.
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.
Any person residing within the Village of North Collins on
a temporary or permanent basis, but excluding persons residing in
hotels or motels.
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.
The purposeful systematic control of the storage, collection,
transportation, processing and disposal of solid waste.
To separate the recyclable materials from the MSW stream
at the point of waste generation.
Organic yard and garden waste, leaves, grass clippings and
brush.
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]
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.
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.
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.
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:
(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.
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.
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.
The provisions of this Article shall be effective on September
1, 1992.
[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.
