A.
The village finds that the 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.
C.
The village finds that, in order to protect the health,
safety and welfare of the people of the village, it is necessary for the village
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 village.
D.
The village 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 village.
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 disposal, including, but not limited to, dropoff centers,
materials recovery facilities or other such public or private facilities.
Any material designated from time to time by the village, 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 as being accumulated, stored or physically, chemically or
biologically treated prior to being discarded or rejected, having served their
intended use, or as industrial, commercial and agricultural waste, sludges
from air- or water-pollution control facilities or water-supply treatment
facilities, rubbish, ashes, contained gaseous material, incinerator residue,
demolition and construction 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 Village of Albion, 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 village.
A.
Each waste generator in the village shall source-separate
recyclables from solid waste.
B.
Each waste generator in the village shall provide for
the removal of recyclables from the property on which they are generated either
through a service provided by the village or the County of Orleans 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.
D.
It shall be unlawful for any waste generator to place
or to permit or allow to remain on his premises any garbage, refuse or solid
waste of any kind, including recyclables, or containers for such solid waste
or recyclables outside at curbside or within 30 feet of any street or alley
earlier than 3:00 p.m. of the day before the scheduled solid waste collection
day for such premises as established by the village or the County of Orleans
or later than 8:00 p.m. of the day scheduled for such solid waste collection
for such premises.
A.
All waste haulers in the village shall offer or cause
to be offered to their customers collection, transportation and disposal services
for recyclables to the same extent that 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 village, as often as reasonably requested
by the village, but at least once per year.
A.
The village 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 the curbside of residences, to ascertain compliance with the terms and
conditions specified in this Article.
B.
Failure of a waste generator to comply with the provisions
of this Article shall result, upon conviction, and be punishable by a fine
of not more than $250 or by imprisonment for not more than 15 days, or by
both such fine and imprisonment.
C.
Failure of a waste hauler to comply with the provisions
of this Article shall result in a fine for each violation as follows: $250
for the first violation, $500 for the second and $1,000 for each subsequent
violation.
D.
The village shall be primarily responsible for the enforcement
of this Article and collection of all fines and penalties provided herein.
E.
The Code Enforcement Officer or Fire Marshal of the village
and any police officer or peace officer may, and is hereby authorized to,
issue appearance tickets pursuant to the Criminal Procedure Law for any violation
of this chapter.
