[HISTORY: Adopted by the Board of Trustees of the Village of Perry as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-5-1992 by L.L. No. 3-1992]
The Village of Perry finds that:
The removal of certain materials from the solid waste stream will decrease the amount of solid wastes disposed in landfills and aid in the conservation of valuable resources.
The New York Solid Waste Management Act of 1988 requires all municipalities to adopt a local law by September 1, 1992, requiring separation of recyclable and reusable material from solid waste.
In order to protect the health, safety and welfare of the people of the Village of Perry, it is necessary for the Village of Perry to enact this article in order to encourage and facilitate the maximum recycling practicable on the part of all residents and all commercial, industrial and institutional enterprises.
The Village of Perry declares that the purpose of this article is to establish, implement and enforce recycling-related practices and procedures to be applicable to all waste generators within the Village of Perry and to all waste haulers which operate within the Village of Perry.
As used in this article, the following terms shall have the meaning indicated:
- AUTHORIZED FACILITY
- 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 designated by the Village of Perry.
- ECONOMIC MARKET
- When the full cost of proper collection, transportation and disposal of a component of solid waste is equal to or greater than the cost of the sale of the component.
- GLOW RECYCLING ADMINISTRATOR
- The staff member of the GLOW Region Solid Waste Management Committee.
- Paper, glass, metal, plastic, garden and yard waste and any other component of solid waste for which an economic market exists or any component so designated by the Village of Perry.
- SOLID WASTE
- 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 which are being accumulated, stored or physically, chemically or biologically treated prior to being discarded or rejected, having served their intended use, or 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 New York State Commissioner of Environmental Conservation.
- SOURCE SEPARATION
- The segregation of recyclable material from the solid waste stream at the point of generation for separate collection, sale or other disposition.
- THE VILLAGE
- The Village of Perry, Wyoming County, New York.
- WASTE GENERATOR
- Any person, household, business, governmental agency, municipality or other legal entity which produces solid waste requiring off-site disposal.
- WASTE HAULER
- All persons engaged in the commercial collection, transportation and/or disposal of solid waste and/or recyclables generated, originated or brought within the Village of Perry.
To the extent necessary and consistent with other municipal enactments of a similar nature, the Village of Perry shall be primarily responsible for all ministerial and administrative duties described or reasonably required by the terms of this article.
Each waste generator in the Village of Perry shall provide for the removal of recyclables from the property on which they are generated either through a service provided by a municipality or a private hauler or by direct haul by the individual waste generator to an authorized facility.
Nothing in this article is intended to prevent any waste generator from making arrangements for the reuse, private collection, sale or donation of recyclables.
All waste haulers in the Village of Perry shall offer or cause to be offered to their customers collection, transportation and disposal services for recyclables to the same extent 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 collection, transportation and disposal services are provided.
No waste hauler shall be required to accept for collection solid waste which has not been source-separated or is a hazardous waste.
Waste haulers shall recycle or cause to be recycled no less than 85% by weight of the recyclables collected in the Village of Perry.
All waste haulers must maintain all records and supply the GLOW Recycling Administrator with a quarterly report of their activities. Such quarterly reports shall indicate the tonnage of solid waste collected in the Village of Perry, the location of disposal of solid waste collected in the Village of Perry, the tonnage of recyclables collected in the Village of Perry, and the market(s) for the recyclables collected in the Village of Perry.
Quarterly reports shall be provided no later than 30 days after the end of the quarter, with the first quarter being January, February and March, the second quarter being April, May and June, the third quarter being July, August and September and the fourth quarter being October, November and December.
The Village of Perry 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 of this article.
Any waste generator or any waste hauler not in compliance with this article shall be subject to enforcement proceedings not inconsistent with the provisions of any local law providing for enforcement of mandated source-separation and recycling.
Violation of this article shall be a violation as defined in § 10, Subdivision 3 of the Penal Law and punishable by a minimum fine of $50 and not to exceed $250 and/or imprisonment for a period of 15 days.
An action or proceeding may also be maintained in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this section.
All waste haulers shall obtain a permit from the Village Clerk prior to commencing operations within the Village of Perry. The fee for this permit shall be $100 payable annually on or before November 1.
The Village of Perry is authorized to further implement the purposes of this article by promulgating regulations from time to time as necessary.