[HISTORY: Adopted by the Town Board of the Town of Bergen as indicated in article histories. Amendments noted where applicable.]
Junkyards — See Ch. 304.
[Adopted 7-13-1992 by L.L. No. 1-1992]
The Town of Bergen finds that 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.
The Town of Bergen finds that the New York Solid Waste Management Act of 1988 requires all municipalities to adopt a local law or ordinance by September 1, 1992 requiring that solid waste which has been left for collection or which is delivered by the generator of such waste to a solid waste management facility shall be separated into recyclable, reusable or other components for which economic markets for alternate uses exist.
The Town of Bergen finds that in order to protect the health, safety, and welfare of the people of the Town, it is necessary for the Town 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 Town.
The Town of Bergen 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 Town to promote the safety, health and well-being of persons and property within the Town of Bergen and to implement the express policy of the State of New York encouraging waste stream reduction through recycling.
As used in this article, the following terms shall have the following meanings:
- AUTHORIZED FACILITY
- A public or private facility or facilities where recyclables may be delivered for processing, reprocessing and/or recycling, including but not limited to drop-off centers, materials recovery facilities, or other such public or private facilities.
- Any material designated from time to time, by the Town; 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.
- 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 are being accumulated, stored, or physically, chemically or biologically treated prior to being discarded or rejected, having served their intended use, or as industrial, commercial or agricultural waste, sludges from air or water pollution control facilities or water supply treatment facilities, rubbish, ashes, contained gaseous material, incinerator residue, construction and demolition 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.
- 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 Town of Bergen, 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 Town.
Each waste generator in the Town shall source-separate recyclables from solid waste.
Each waste generator in the Town shall provide for the removal of recyclables from the property on which they are generated either through a service provided by the 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; provided, however, that such recyclables shall not be placed curbside or at any other designated collection place on or immediately preceding the day for collection of such recyclables.
All waste haulers in the Town shall offer or cause to be offered to their customer's 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 pickup, transportation or disposal services are provided.
No waste hauler shall be required to accept for collection solid waste which has not been source-separated or hazardous waste.
All waste haulers must maintain records of recyclables collected and supply such reports to the Town, as often as reasonably requested by the Town but at least twice per year.
The Town 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 curbside of residences or delivered to the Town transfer facility, to ascertain compliance with the terms and conditions specified in this article.
Failure of a residential waste generator to comply with the provisions of this article shall result in a fine or warning for each violation as follows: warning for the first violation; $25 for the second violation and $50 for each subsequent violation.
During any 12 consecutive months, the failure of a commercial waste generator to comply with the provisions of this article shall result in a fine or warning for each violation as follows: warning for the first violation; $25 for the second violation and $50 for each subsequent violation.
Failure of a waste hauler to comply with the provisions of this article shall result in a fine or warning for each violation as follows: warning for the first violation; $25 for the second and $50 for each subsequent violation.
All fines will be doubled if not paid within 30 days of assessment.
The Town shall be primarily responsible for the enforcement of this article and collection of all fines and penalties provided herein.
This article shall become effective on August 1, 1992.