[Added 8-27-1992 by L.L. No. 6-1992]
The Town Board of the Town of Colonie finds
that the removal of recyclable and reusable materials from the waste
stream will promote the health, safety and welfare of persons and
property in the Town of Colonie by minimizing the potential adverse
effects of landfilling, by reducing the need for landfills and conserving
the space in existing landfills, such as the Town of Colonie sanitary
landfill; by aiding in the conservation of valuable resources, materials
and energy; and by allowing for more efficient and safe management
of each of the component materials contained within the solid waste
stream. Further, source separation and segregation of recyclable and
reusable materials is an integral component of the Town of Colonie's
solid waste management plan and the New York State Solid Waste Management
Act of 1988.[1]
[1]
Editor's Note: See Art. 27 of the Environmental
Conservation Law.
A.
Upon the effective date of this article, all 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 (herein
after "recyclables"). "Recyclables," for the purposes of this article,
shall be defined as any material accepted at the Town of Colonie material
recycling facility.
B.
Residents, businesses and all other generators of
solid waste shall separate recyclables from the solid waste stream
prior to delivering the same to a solid waste management facility
or prior to pickup of the same by a solid waste hauler, for example,
prior to delivery to the landfill, before placement at the curb or
before disposal in a dumpster.
All solid waste or recyclables shall be prepared
for collection or disposal as delineated in Subsections A through
G of this section.
A.
All recyclables such as cans, bottles and other containers
shall be clean of contents with all contaminants, such as lids, caps
and tabs, removed.
B.
All recyclables, such as newspapers and cardboard,
which are adversely affected by wet weather shall be kept dry to the
extent reasonably possible.
C.
Different types of recyclables shall be separated
from each other and from other types of solid waste.
D.
Each solid waste generator shall place all solid waste
and recyclables in suitable sanitary containers such as galvanized
iron cans and metal dumpsters, except residents shall place all recyclables
in a standardized recycling container, which container is described
in detail in the regulations promulgated hereunder by the Town Board
of the Town of Colonie. An additional recycling container may be utilized
in conjunction with the standardized container to assist the resident
in maintaining proper separation of the recyclables and to help ensure
the quality of the recyclables.
E.
Solid waste or recyclables which do not fit into bags,
cans, dumpsters or similar containers may be left outside such containers
only if they will not attract pests, create a health risk or be a
general nuisance for children. Preparation of such items to be deposited
in the Town of Colonie Sanitary Landfill shall be as described in
the rules promulgated hereunder.
F.
Plastic bags may be used for the containment of solid
waste if they are kept safe from animals and similar pests. All plastic
bags used for this purpose shall be translucent so the contents therein
are readily indentifiable.
G.
Yard waste, as defined by the regulations promulgated
hereunder, shall be placed in a rigid container appropriately marked
with a Town of Colonie recyclables sticker or shall be placed in a
compostable paper bag. Larger yard waste such as sticks and brush
may be bundled as delineated in the regulations promulgated hereunder.
Nothing herein shall preclude a yard waste generator from composting
such wastes in a fashion protective of public health and so as not
to create a nuisance, including offensive odors.
A.
Solid waste or recyclables placed by a waste generator
for pickup by a waste hauler shall remain the property of such generator
until accepted by the waste hauler, at which time ownership of such
item(s) shall be the solid waste hauler's. Solid waste or recyclables
placed by a waste generator for pickup by an authorized third party
other than a waste hauler shall become the property of such authorized
third party until accepted by the waste hauler, at which time ownership
of such item(s) shall be the solid waste hauler's. For purposes of
this article, such authorized third party shall have the same rights
and obligations as a waste generator, including but not limited to
proper separation of recyclables, and may be subjected to all penalties
assessable against a waste generator for failure to comply with this
article.
B.
No person or entity who is not acting under the authority
of the waste generator or waste hauler shall pick up, remove or cause
to be picked up, collected or removed, any item of solid waste or
recyclables placed for collection. Each such unauthorized collection,
pickup or removal shall constitute a separate violation of this article.
C.
Solid waste or recyclables placed by a waste generator
for pickup by a waste hauler shall remain the responsibility of the
waste generator if the waste hauler has refused or is unable because
of a violation of this article to accept said item(s). The waste generator
shall remove such items from the public right-of-way until such violations
are rectified.
D.
Facilities or structures built for the collection,
separation or disposal of solid waste, recyclable, reusable and other
components shall comply with all applicable federal, state and local
laws, rules and regulations.
Any solid waste hauler duly licensed in the
Town of Colonie shall be precluded from collecting solid waste from
any solid waste generator who has clearly failed to source-separate
recyclables.
The Town Board of the Town of Colonie may promulgate,
amend and repeal rules and regulations implementing this article so
as to carry out and enforce the intent and purposes thereof.
A.
It shall be a violation, punishable as provided in Subsection B of this section, for any person, firm or corporation to:
(1)
Violate or to cause or to assist in the violation
of any provision of this article or any implementing rule or regulation
promulgated by the Town Board of the Town of Colonie.
(2)
Collect, except for those authorized to do so, any
item of solid waste or recyclables which has been placed at the roadside
or at any other proper location for collection or within a solid waste
management facility pursuant to this article.
(3)
Place or cause to be placed any material other than
designated recyclables in or near a recycling container or area designated
for such materials.
B.
Any person, firm or corporation committing an offense
against this article or any rule or regulation promulgated thereunder
shall be guilty of a violation and shall be subject to the following
penalties:
(1)
For a first offense, a mandatory fine not to exceed
$500 and a discretionary suspension or revocation of any license,
permit or privileges granted under this article or any rules or regulations
promulgated thereunder.
(2)
For a second offense, a mandatory suspension for a
minimum of 30 days of a license, a permit or privileges granted under
this chapter, article or any rules or regulations promulgated thereunder
and a discretionary fine not to exceed $1,000.
(3)
For a third offense, a mandatory revocation for a
minimum of one year of all licenses, permits or privileges granted
under this chapter, article or any rules or regulations promulgated
thereunder and a discretionary fine not to exceed $2,500.
C.
In the event of a continuing offense of any section
or provision of this article or rule or regulation promulgated thereunder,
each day such offense shall continue shall be a separate violation
and subject to a separate penalty.
E.
Where an offense of this article or rules or regulations
promulgated hereunder causes expense to the Town, such offense may
also be punished by a civil suit against the offender, brought by
the Town Attorney of the Town of Colonie, in the name of the Town,
in a court of competent jurisdiction to recover such additional cost.
[Amended 11-20-1997 by L.L. No. 9-1997]
The enforcement of this article and any rules
and regulations promulgated thereunder will be the responsibility
of the Town of Colonie Police Department, Department of Public Works
and such other persons as may be, from time to time, authorized by
the Town Board of the Town of Colonie.
