Town of East Hampton, NY General Provisions

The Town Board finds that:

The reduction of the amount of solid waste and the conservation of recyclable materials are important public concerns. A significant amount of recyclable material that could be removed from the solid waste stream is needlessly discarded each year.

The recovery and reuse of recyclable materials, such as newspaper, paper, cardboard, glass, cans, plastics and yard waste, will:

(1)

Protect and enhance the town's physical and visual environment.

(2)

Promote the health, safety and well-being of persons and property within the Town by reducing the town's reliance on other solid waste disposal methods.

(3)

Facilitate the implementation and operation of a cost-efficient and environmentally sound solid waste management program.

(4)

Conserve natural resources.

The enactment by the state Legislature of the Solid Waste Management Act of 1988 has created the need for the Town to demonstrate its long-term commitment to effective waste management and requires the Town to enact appropriate legislation. The Town Board declares that the measures taken by the Town must establish the most environmentally sound and economically desirable waste reduction, recycling and reuse programs possible and should be consistent with or surpass the reduction, recycling and reuse goals established by New York State.

Accordingly, the Town Board finds that to achieve these goals it is necessary to:

(1)

Establish a mandatory town-wide recycling program that provides opportunities for everyone in the Town to recycle;

(2)

Promote and increase the demand for recycled goods by all consumers, including the Town and its contractors; and

(3)

Encourage and support the use of the resources and skills of local existing and newly established recycling businesses and local community organizations and members in effectuating the recycling program.

The following words and expressions, where used in this chapter, shall have the meanings ascribed to them by this section:

CAN

A container comprised of aluminum, tin, steel or a combination thereof, which formerly contained food and/or beverage.

CARDBOARD

All corrugated cardboard normally used for packing, mailing, shipping or containerizing goods, merchandise or other materials, but shall not mean wax-coated or soiled cardboard.

COMMERCIAL HAULER

Any person engaged in the business of collecting and transporting solid waste and designated recyclables through or upon any street within the town, or any person operating a commercial, industrial or institutional establishment that transports said establishment's solid waste and designated recyclables.

[Amended 6-25-1996 by L.L. No. 10-1996]

COMMINGLED MATERIALS

Source-separated, nonputrescible, noncontaminated recyclable materials that have been placed in the same container.

CONSTRUCTION AND DEMOLITION (C & D) DEBRIS

Waste that includes but is not limited to lumber, bricks, roofing material, tile, sheetrock, electrical wire, concrete and other masonry materials, rock, road spoils and paving materials.

DESIGNATED RECYCLABLE MATERIALS or DESIGNATED RECYCLABLES

Those recyclable materials designated by this local law, and/or by resolution of the Town Board pursuant to this local law, to be separated from other solid waste materials. The term may include but is not limited to newspaper, glass, paper, cardboard, cans, plastics and yard waste.

FOOD/SOILED PAPER

Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food; paper used in connection with such food; soiled facial tissue.

GLASS

All clear (flint), green and brown (amber) colored glass containers, but shall not mean wired glass, crystal, ceramics and plate window, laminated or mirrored glass.

HAZARDOUS WASTE OR HAZARDOUS MATERIAL

(1)

A solid waste or a combination of solid wastes which, because of its quantity, concentration or physical, chemical or infectious characteristics, may:

(a)

Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or

(b)

Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise managed.

(2)

Such "hazardous waste" shall include but not be limited to explosives, hazardous radioactive materials, toxic substances and those substances which the Superintendent of Sanitation has identified as "hazardous waste" pursuant to the above criteria and has included on a list of hazardous waste promulgated by the Department of Sanitation.

HEAVY BRUSH

Tree limbs and tree trunks that are four inches or greater in diameter and any tree stumps.

HOUSEHOLD HAZARDOUS WASTE or HOUSEHOLD HAZARDOUS MATERIAL

Hazardous waste included on a list promulgated by the Department of Sanitation which can be disposed of on certain specified days and/or times at the town's recycling center, pursuant to resolution passed by the Town Board.

LICENSING REVIEW BOARD

The local agency established by Chapter 156 to review complaints against home improvement contractors, decide upon the validity thereof and impose administrative sanctions therefore. These responsibilities are amended to hear appeals of commercial haulers whose permit applications are denied and to review complaints against commercial carters for the purpose of deciding whether to revoke all permits allowing them to do business in the Town as specified in Chapter 204. The Review Board shall consist of seven members.

[Added 6-25-1996 by L.L. No. 10-1996]

MIXED CONTAINERS

Commingled cans, glass and plastic.

MIXED FIBERS

Commingled newspapers, cardboard and mixed paper.

MIXED PAPER

All office paper, bond paper, photocopy paper, mimeo paper, magazines, paperback books, school paper, catalogs, junk mail, computer paper, wax-coated food and beverage containers, telephone books and similar cellulosic material, but shall not mean newspaper, food/soiled paper and cardboard.

NEWSPAPER

Includes newsprint and all newspapers and newspaper advertisements, supplements, comics and enclosures.

PAPER

See "mixed paper."

PAYING CUSTOMER

An individual or business that pays a fee to a commercial hauler to collect their solid waste, trash and/or recyclables in East Hampton Town.

[Added 6-25-1996 by L.L. No. 10-1996]

PERMIT

Due authorization in writing as provided in this chapter which allows a person to dispose of solid waste and designated recyclables at a Town recycling center.

PERSON

Any individual, firm, partnership, company, corporation, association, joint venture, cooperative enterprise, trust, municipality, other governmental agency or any other entity or any group of such persons which is recognized by law as the subject of rights and duties. In any provisions of this local law prescribing a fine, penalty or imprisonment, the term "person" shall include the officers, directors, partners, managers or persons in charge of a company, corporation or other legal entity having officers, directors, partners, managers or other persons in charge.

PLASTICS

Containers composed of high-density polyethylene, polyethylene terephthalate, polyvinyl chlorides or other specific plastics as the Town Board may designate.

POST-COLLECTION SEPARATION

The separating of designated recyclables from solid waste materials after the point of collection by a commercial hauler.

RECEPTACLES

Containers or bins set out at a Town recycling center for the disposal of designated recyclables.

RECYCLABLE MATERIAL

See "designated recyclable materials."

RECYCLING

Any process by which materials are collected, separated and/or processed, treated, reclaimed, used or reused to produce a raw material or product.

RECYCLING CENTER

Any combination of structures, machinery and facilities used for the off-loading, collection, processing, recovery and transport of recyclable and nonrecyclable materials; it shall also include composting and yard waste processing.

RESIDENT

Any individual residing within the boundaries of the Town on a temporary, seasonal or permanent basis. For purposes of this local law, "resident" does not include commercial, industrial or institutional establishments.

RUBBISH

Nonputrescible solid wastes, including but not limited to nonrecyclable paper, wrappings, cigarettes, bedding, furniture and similar materials which are not designated recyclable materials.

SELF-HAULERS

Individuals who self-deliver designated recyclables and other solid waste generated at their residences to the town's recycling center for disposal.

SOLID WASTE

All putrescible and nonputrescible materials or substances discarded or rejected as having served their original intended use or as being spent, useless, worthless or in excess to the owner at the time of such discard or rejection, including, without limitation, food/soiled paper, rubbish and yard waste. Materials intended for recycling are also "solid waste" within the meaning of this chapter.

SOURCE-SEPARATE

To separate designated recyclable materials from the solid waste stream at the point of waste generation.

TOWN

The Town of East Hampton located within the County of Suffolk, State of New York.

TOWN BOARD

The duly elected and constituted legislative body of the Town of East Hampton.

TOWN CLERK

The duly elected Town Clerk of the Town of East Hampton.

UNLOADING AREA

A specified area within a Town recycling center where self-haulers and/or commercial haulers shall be directed by Town personnel for disposal of designated recyclables and solid waste.

WHITE GOODS

Discarded household appliances such as stoves, refrigerators, washing machines, boilers and other old metal items.

YARD WASTE

Organic yard and garden waste, leaves, grass clippings and brush.

Words used in the singular in this chapter shall include the plural, and vice versa. The word "shall" is always mandatory.