[Adopted 7-1-1992 by L.L. No. 1-1992 (Ch. 159, Art. I, of
the 1991 Code)]
This article shall be known as the "Mandatory Recycling Law
of the Town of North Collins."
The reduction, reuse and recycling of solid waste are important
public concerns and will aid in the protection and preservation of
the environment; and the Solid Waste Management Act of 1988 mandates
passage of a source-separation ordinance or law to be passed by each
local municipality within New York State by September 1, 1992, to
require 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. Therefore, the
Town of North Collins establishes mandatory recycling within this
municipality, which will be effective on September 1, 1992.
As used in this article, the following terms shall have the
meanings indicated:
A person, individual, partnership or corporation or 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 excluding large appliances (white goods) such
as refrigerators, stoves, dishwashers, washers, dryers, etc., which
are considered recyclable.
The person, firm, agency or public body or 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.
A can, bin, box, bag or other unit used for storage of recyclable
materials.
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 land-spreading 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
Town of North Collins, they shall be required to obtain a license
from the Town and be subject to the rules and regulations of the Town.
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 the following:
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 but not including 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 and is commonly used for boxes; it 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 papers.
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 Town Engineer or other designated
person.
The separation, collection, processing, recovery and sale
or reuse of metals, glass, paper, plastics and other materials which
would otherwise be disposed of as solid waste.
Any person residing within the Town 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.Â
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.Â
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.Â
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 (or by a licensed private collector under private
subscription) and in accordance with the provisions of this article.
D.Â
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 Town 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 other 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.Â
It shall be unlawful for any person to collect and dispose of any
municipal solid waste within the Town of North Collins except as provided
in this article.
Municipal solid waste generated or originated within the Town
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:
A.Â
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.
B.Â
Collectors collecting residential, commercial and/or institutional
MSW generated within the Town 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.
A.Â
Only authorized collectors who are acting under authority of the
Town 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 accordance 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.
B.Â
Nothing herein shall prevent any person from making arrangements
for the private collection, sale or donation of recyclable materials
prior to placement at the curbside.
A.Â
All authorized collectors must obtain a solid waste collection license
from the Town 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.Â
An authorized collector sticker shall be prominently displayed on
each vehicle operated by or on behalf of the authorized collector.
C.Â
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
calendar year.
D.Â
All authorized collectors licensed by the Town of North Collins shall
indemnify and hold harmless the Town of North Collins for any pending,
threatened or actual claims, liability or expenses arising from waste
disposal by the authorized collector in violation of this article.
E.Â
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.
F.Â
Each collector who shall apply for a license under this section 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 shall
include the following information:
(1)Â
The municipality or geographical area and number of units in which
the solid waste or recyclable material was generated.
(2)Â
The quantity, by ton, of solid waste and of each type of recyclable
material collected.
(3)Â
The quantity, by ton, of recycled material delivered to a recycling
facility(ies) and the location of the recycling facility(ies).
(4)Â
The quantity, by ton, of solid waste delivered to each facility.
G.Â
Reports containing the information required as stated above shall
be compiled and delivered to the Town Clerk or other designated individual
for each reporting period as designated by the regulations, but which
shall be no more frequently than quarterly.
H.Â
Authorized collectors shall not accept for the collection MSW which
has not been source-separated in conformity with this article.
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 be 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.
A.Â
Notice.
(1)Â
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)Â
The notice shall be personally served or sent by registered mail
to the generator, applicant or licensee's last known address,
at least 10 days before the hearing date, with a copy to the administrator.
B.Â
Hearing.
(1)Â
Hearings shall be held before the Town Justice within a reasonable
period, which shall be at least 10 days after service of notice.
(2)Â
The generator, applicant or licensee may be represented by counsel
at the hearing and may offer evidence and cross-examine witnesses.
(3)Â
Within 20 days after the close of the hearing, the Town Justice shall:
(a)Â
Determine whether the alleged failure to comply with this article
has occurred; and
(b)Â
If the Town Justice determines that such a failure has occurred,
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.Â
Inspections and appearance tickets.
(1)Â
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, peace officer, code officer
and any other public official designated by the Town of North Collins.
(2)Â
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.
B.Â
Penalties.
(1)Â
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
Town 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.
(2)Â
Failure of a waste generator to comply with the provisions in this
article designated as violations shall be punishable as follows:
(a)Â
For the first conviction: a written warning clearly stating
the nature of the violation and a schedule of fines for future convictions.
(b)Â
For the second conviction within one year: a fine of not less
than $40 nor more than $75.
(c)Â
For the third conviction within one year: a fine of not less
than $75 nor more than $125.
(d)Â
For a fourth and each subsequent conviction within one year:
a fine of not less than $125 nor more than $275.
(3)Â
Any penalties or damages recovered or imposed under this article
are in addition to any other remedies available at law or equity.
(4)Â
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.