[HISTORY: Adopted by the Town Board of the Town of Lake George as
indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 103.
[Adopted 12-10-1990 by L.L.
No. 2-1990]
A.
The Town Board of the Town of Lake George finds that
a reduction of solid waste through separation and removal of recyclable materials
from the waste stream is of importance to the health, safety and general welfare
of the residents of the Town of Lake George, County of Warren, and is consistent
with the goals of the New York State Solid Waste Management Plan to reduce
the amount of solid waste generated, reuse or recycle materials and conserve
our precious natural resources.
B.
Waste reduction and recycling are preferable to the disposal
and processing of solid waste. Removing recyclable materials from the waste
stream will decrease the flow of solid waste to the Town's overburdened landfill,
aid in the conservation and recovery of valuable resources and conserve energy
in the manufacturing process. Conversely, improper solid waste management
practices create public health hazards, environmental pollution and economic
loss.
C.
Thus, the Town should, to the extent feasible, purchase
products or materials which are made from recycled materials and which are
recyclable in order to foster recycling by stimulating the market for such
materials and by educating the public concerning the utility and availability
of such materials.
D.
It is the intent of this article to promote the disposal
of solid waste generated within the Town of Lake George in the most environmentally
acceptable manner possible by requiring the recovery of all recyclable materials
which can be marketed or used for secondary purposes.
E.
In addition, this article seeks to provide for the education
of the citizens of the Town with respect to the economic and environmental
values of recycling and waste reduction and the encouragement of participation
in such activities.
As used in this article, the following terms shall have the meanings
indicated:
Businesses, including without limitation retail stores, banks and
financial institutions, business and professional offices, personal service
establishments, hotels, motels and other tourist accommodations, tourist attractions,
mortuaries and funeral homes, restaurants, pet shops, veterinary establishments,
medical offices, automobile sales establishments, gasoline stations, car washes
and agricultural endeavors and any other business endeavors not specifically
stated herein.
The person appointed by the Town Board to administer and supervise
the Town's recycling and solid waste management program.
Any area designated from time to time by the Director where persons
can bring recyclables for aggregation and further transport to a solid waste
management facility.
The practice whereby solid waste, including separated recyclables,
generated by the residential sector is placed at or near the roadside or other
appropriate location at residential property, to be picked up by a commercial
hauler for transportation to a solid waste management facility.
Establishments primarily concerned with manufacturing or other substantial
physical or chemical materials processing operations, including without limitation
manufacturing establishments, warehouses, wholesale distributors, freight
and trucking terminals and heavy machinery sales, service and repairs.
Public, charitable and similar establishments, including schools,
churches, hospitals, psychiatric centers, government offices and garages and
nursing homes.
The following materials: newsprint, clear, green and brown glass containers, tin cans, aluminum, copper, brass, stainless steel, corrugated cardboard, high-density polyethylene (HDPE) plastic containers, motor vehicle batteries, motor vehicle tires and scrap metal, including miscellaneous iron, steel and white metals (appliances). The Director may modify this definition at his or her discretion in accordance with § 143-3D hereof and subject to Town Board approval.
Single- and multiple-family residences, boarding houses, dormitories,
mobile home parks, seasonal residences and camps.
A.
It shall be a violation of this article for any person
to dispose of recyclables otherwise than as provided by this article.
B.
All persons shall separate recyclables from other solid
waste when preparing them for transportation, collection, pickup or removal
by placing recyclables in one or more separate containers in accordance with
rules adopted by the Town Board. It shall be a violation of this article for
any person to place for collection or deliver to a drop-off area or a solid
waste management facility a container which contains recyclables mixed with
other solid waste.
C.
Recyclables delivered to a drop-off area or a solid waste
management facility shall be prepared in accordance with all rules adopted
or promulgated by the Town Board, which shall be filed with the Town Clerk.
(1)
Rules for preparation may include, but shall not be limited
to:
(a)
Cleaning of all recyclables.
[Added 7-11-1994 by L.L.
No. 1-1994]
(b)
Flattening of cardboard.
[Added 7-11-1994 by L.L.
No. 1-1994]
(c)
Removal of glossy inserts and wet or damp materials from
newsprint.
(d)
Washing and flattening of metal containers.
(e)
Washing and flattening of, and removal of caps, lids
and metal or plastic neck bands from, plastic containers.
(f)
Washing of, and removal of caps, lids and metal or plastic
neck bands from, glass containers.
(g)
Removal of broken glass.
(h)
Placement in designated or properly labeled containers.
(i)
Sorting of different categories of recyclables.
(j)
Use of clear plastic bags for delivery of recyclables
to a drop-off area or solid waste management facility.
(k)
Covering of all loads.
[Added 7-11-1994 by L.L.
No. 1-1994]
(2)
These rules are subject to change upon closure.
[Added 7-11-1994 by L.L.
No. 1-1994]
D.
The Director may from time to time determine that certain
materials contained in solid waste generated or brought within the Town are
recyclables or that certain materials included or hereafter included in this
article's definition of recyclables are no longer recyclable. Upon any such
determination, the Director shall submit a written report to the Town Board
recommending that such materials be added to, or deleted from, the definition
of recyclables and providing the reasons and data supporting such inclusion
or deletion.
E.
In making recommendations pursuant to this section, the
Director may recommend that a material be recyclable only for the residential
sector, commercial sector, industrial sector or institutional sector, or any
combination thereof.
Persons in the residential sector shall dispose of recyclables by delivering
recyclables, properly separated and prepared, to a solid waste management
facility or to any drop-off area which the Director may designate, or by arranging
for pickup of separated recyclables by a commercial hauler.
A.
Persons in the commercial, industrial and institutional
sectors shall dispose of recyclables by delivering recyclables, properly separated
and prepared, to a solid waste management facility duly designated pursuant
to this article or by arranging for pickup of separated recyclables by a commercial
hauler.
B.
Although all persons from the commercial, industrial
or institutional sectors must separate recyclables from other solid waste
in accordance with the general provisions of this article, they need not deliver
or make arrangements with a commercial hauler to deliver such recyclables
to a duly designated solid waste management facility in the following circumstances:
(1)
They have access to markets for recyclables and actually
deliver or cause to be delivered recyclables to such markets on a regular
basis.
(2)
They file on an annual basis an application for exemption with the Director, which application shall set forth on a prescribed form all information or facts justifying exemption from the provisions of Subsection A above and which shall include copies of all pertinent documentation of access and actual delivery, such as contracts, receipts, bills of lading, affidavits, letters of intention or other suitable records indicating the facts justifying exemption.
(3)
They obtain written approval of the exemption from the
Director, which approval shall not be unreasonably withheld or delayed.
A.
Commercial haulers engaged in collecting recyclables
generated within the Town by the residential, commercial, industrial or institutional
sectors or who dispose of wastes in the Town's solid waste management facility
shall keep recyclables separated from other solid wastes, shall handle recyclables
in such a manner that they are not contaminated or destroyed and shall deliver
recyclables only to a solid waste management facility duly designated pursuant
to this article.
B.
Commercial haulers need not deliver collected recyclables
from the commercial, industrial or institutional sectors to a duly designated
solid waste management facility in the following circumstances:
(1)
They have access to markets for recyclables and actually
deliver or cause to be delivered recyclables to such markets on a regular
basis.
(2)
They file on an annual basis an application for exemption with the Director, which application shall set forth on a prescribed form all information or facts justifying exemption from the provisions of Subsection A above and which shall include copies of all pertinent documentation of access and actual delivery with contracts, receipts, bills of lading, affidavits, letters of intention or other suitable records indicating the facts justifying exemption.
(3)
They obtain written approval of the exemption from the
Director, which approval shall not be unreasonably withheld or delayed.
C.
It shall be a violation of this article for any commercial
hauler to collect, handle or dispose of recyclables otherwise than as provided
by this section.
It shall be a violation of this article for any person without authority
of the Town to collect, pick up, remove or cause to be collected, picked up
or removed any recyclables placed for collection at a drop-off area. Each
such unauthorized collection, pickup or removal from a drop-off area shall
constitute a separate and distinct violation of this article.
The Town Board shall have the power to adopt and promulgate, amend and
repeal such rules and regulations as may be recommended by the Director and
which in its discretion are necessary or desirable to carry out, interpret
and enforce the intent and purposes of this article. Notwithstanding this
power, any failure to adopt and promulgate such rules and regulations shall
not impair the enforceability of this article.
The Director shall develop, subject to Town Board approval, a comprehensive,
innovative and effective public education program concerning the requirements
of this article and any amendments, the overall value of recycling and waste
reduction and any related public programs.
A.
For the purpose of determining if any person has failed
to comply with the provisions of any section of this article, the Director
and any other person designated by the Town Board shall be authorized to inspect:
B.
The Director and any other person designated by the Town
Board shall be authorized to turn away and deny access to any person delivering
a mixed load of solid waste which includes or contains recyclable materials
to a duly designated solid waste facility in the Town.
A.
Each commission of a single act of violation shall constitute
a separate violation of this article, and each day of such violation shall
constitute a separate offense, which may be punished and prosecuted as such.
B.
The violation of this article shall be punishable by
imprisonment for not more than 15 days, or by a fine as described below, or
by both such fine and imprisonment. The following fines may be levied upon
any person convicted of violating this article:
C.
For purposes of establishing the applicable fine pursuant to Subsection B above, a violation of this article by members of a family, employees or agents of any entity within the commercial, industrial or institutional sectors or of any commercial hauler, or residents of a hotel, motel or other tourist accommodation shall be considered to be a violation by the family, the commercial, industrial or institutional entity, the commercial hauler or the owner or the hotel, motel or other tourist accommodation rather than by the individual actually committing the violation.
