[HISTORY: Adopted by the Town Board of the Town of Schodack 5-9-1991
as L.L. No. 4-1991. Amendments noted where applicable.]
A.
The Town Board of the Town of Schodack (the "town") hereby
determines that the public order, safety, health and welfare of the town require
the reasonable regulation of the manner in which solid waste is managed and
disposed of within the town.
B.
This chapter shall be known as the "Town of Schodack
Solid Waste Management Law."
As used in this chapter, the following words are intended to include
and be defined as follows:
An item of solid waste larger than two by two by four feet and/or
weighing in excess of 50 pounds.
Any person, corporation or other entity, not including a municipal
government, that collects, stores, transports or disposes of solid waste for
a fee.
The specific permission by the Town Board, or its authorized agent
or employee, for a commercial collector to collect and manage solid waste,
including recyclables, within the town.
Solid waste in aggregate weight in excess of 100 pounds and/or volume
in excess of one cubic yard, whichever shall be less, consisting of any combination
of wood, lathe, plaster, concrete, cement, bricks, mortar, roofing materials
and/or other debris removed or disposed of in the construction, reconstruction,
remodeling, alteration, destruction, razing and/or removal of any residential,
agricultural, commercial and/or industrial building or ancillary structure.
A waste or combination of waste which, because of its quantity, concentration
or physical, chemical or infectious characteristics, may by itself or in combination
with other waste cause or significantly contribute to an increase in mortality
or an increase in serious irreversible or incapacitating reversible illness
or pose a substantial present or potential hazard to human health or the environment.
Those items of solid waste designated by resolution of the Town Board
as being subject to requirements for source separation and/or collection for
beneficial reuse. Such "recyclables" can include but are not limited to newspapers,
magazines, telephone books, cardboard, glass, plastic, metal and appliances.
The site or sites established by resolution of the Town Board for
the collection and management of solid waste and recyclables.
Materials or substances discharged or rejected as being spent, useless,
worthless or in excess to the owner at the time of such discard or rejection,
except sewage and other highly diluted water-carried materials or substances
and those in gaseous form. Such "waste" shall include but is not limited to
garbage, rubbish, ashes, street cleanings, industrial waste, commercial waste
and construction and demolition debris.
The specific written permission by the Town Board, or its authorized
agent or employee, for a person to dispose of solid waste at the site in accordance
with the provisions of this chapter.
The Town Board may, by resolution, establish the hours and manner of
operation of the site and may, by resolution, designate certain hours for
the collection and disposal of specific items of solid waste and recyclables.
The Town Board, considering the public order, health, safety and welfare
of the town, may prohibit the depositing of specific items of solid waste
at the site.
The Town Board shall, by resolution, establish a User Permit Fee Schedule
for the privilege of disposing of solid waste at the site. The user permit
shall be in such form as authorized by the Town Board. The User Permit Fee
Schedule shall provide for distinct classifications, including classifications
based upon the manner of collection and delivery of solid waste to the site,
the source of the solid waste, the type of solid waste and the volume of solid
waste. The Town Board may create a user permit classification for individual
residential permits for those persons 65 years of age or older.
The Town Board may, by resolution, also establish, in addition to user
permit fees, fees for the disposal or recycling of specific items of solid
waste, including but not limited to tires, batteries, appliances and bulk
items.
The site shall be used exclusively for solid waste originating and collected
within the town. No person shall collect and dispose of solid waste at the
site originating, collected, accumulated, received, processed or otherwise
acquired in its waste form outside of the town.
No person shall dispose of any hazardous waste at the site, except as
part of a household hazardous waste collection program which the Town Board
may, by resolution, authorize.
No person shall collect and dispose of solid waste at the site without
the permission of the Town Board or its duly authorized agent or employee
and without first obtaining a user permit from the Town Clerk.
All solid waste disposed of at the site shall be disposed of in the
manner and at the location to be determined by the Town Board or its duly
authorized agent or employee.
No person shall dispose of solid waste at the site unless in accordance
with this chapter.
The site shall be operated and maintained in accordance with the applicable
provisions of the Environmental Conservation Law of the State of New York.
Ownership of solid waste disposed of at the site in accordance with
the provisions of this chapter shall be vested in the town.
The site shall be operated in a manner consistent with the encouragement
of appropriate recycling of solid waste. The Town Board may, by resolution,
establish procedures for collection, sorting, storage and disposal of recyclables
at the site and may enter into such agreements and contracts as it deems appropriate
to provide for the sorting, storage and disposal of recyclables.
A.
The Town Board may, by resolution, require the separation
of specific types of recyclables from solid waste collected and disposed of
at the site.
B.
The Town Board also may by resolution require the separation
of specific types of recyclables from solid waste collected by commercial
collectors in the town.
C.
No person shall collect and dispose of solid waste at
the site that contains recyclables, the separation of which has been required
by resolution of the Town Board.
D.
No person shall remove or take recyclables from the site,
unless specifically granted such permission by the Town Board or its authorized
agent or employee.
E.
No commercial collector shall collect solid waste within
the town without having first obtained a commercial collector permit.
F.
The Town Board, by resolution, may establish public education
campaigns to promote recycling.
A.
The Town Clerk of the Town of Schodack is designated
as the issuing agent for all permits called for by this chapter, including
the user permit and commercial collector permit, and for the collection of
permit fees.
B.
The Town Board may, by resolution, establish intermunicipal
agreements for the management of solid waste and recyclables deposited at
the site or collected within the town, including agreements for the acceptance
at the site of solid waste and/or recyclables generated outside the town.
A.
Any person convicted of collecting and disposing of solid
waste at the site without a valid user permit shall be guilty of a violation
and punished by a fine of not less than $50 nor more than $100. Upon any second
or subsequent conviction, the court shall impose a fine of $250. Such person
may also be prohibited from further use of the site.
B.
Any person convicted of violating any of the provisions of §§ 184-3 through 184-14 of this chapter shall be guilty of a violation and be punished by a fine of not less than $25 nor more than $250. Upon any second or subsequent conviction, the court shall impose a fine of not less than $100 nor more than $250.
C.
Any person convicted of violating any of the provisions of § 184-15 of this chapter, other than § 184-15E, shall be guilty of a violation and be punished by a fine of $10 for the first offense; upon a second conviction the court shall impose a fine of $25; upon a third or subsequent conviction the court shall impose a fine of not less than $50 nor more than $250.
D.
Notwithstanding any other provision of this chapter,
any person convicted of violating § 184-5E of this chapter shall
be guilty of a violation and be punished by a fine of not less than $100 nor
more than $250. Upon any second or subsequent conviction, the court shall
impose a fine of $1,000. Such person may also be prohibited from collecting
solid waste within the town.
