[HISTORY: Adopted Orangetown Town Board 7-18-1988 by Local Law No. 4, 1988. Amendments noted where applicable.]
Dumping — See Ch. 11.
Garbage removal — See Ch. 17B.
Seavenger wastes — See Ch. 29A.
Solid waste disposal — See Ch. 31A.
Be it enacted by the Town Board of the Town of Orangetown as follows:
This local law shall be cited and may be referred to hereinafter as the "Mandatory Recycling Law of the Town of Orangetown."
It is the goal of the Town of Orangetown to facilitate the disposal of solid waste generated within the Town in the most economical and environmentally accepted manner and reduce the total amount of solid waste disposed of by the Town. This program is further designed to protect the health and safety of the residents of the Town.
For the purposes of this local law, certain words and phrases shall be construed herein as set forth in this section unless it is apparent from the context that a different meaning is intended. When not inconsistent with the context, the present tense shall include the future, and words used in the plural shall include the singular and vice versa. Further, a masculine pronoun shall include the feminine. The word "shall" is always mandatory and not merely directory.
As used in this local law, the following words shall have the meanings indicated:
- BULK WASTE
- An item of solid waste larger than two feet by two feet by four feet or heavier than 50 pounds.
- A thick paperboard, including but not limited to corrugated boxes, cardboard cartons, pasteboard and similar corrugated materials.
- The Recycling Coordinator for the Town of Orangetown appointed by the Town Board, or his representative.
- DISPOSAL FACILITY
- Any solid waste management plant or site under contract to receive solid waste originating from within the Town of Orangetown.
- DISPOSAL FEE
- The fee charged by any disposal facility under contract with the Town of Orangetown.
- HAZARDOUS SUBSTANCE
- Any material, natural or manufactured which by itself or in concentration with other like or dissimilar material will contaminate to environmentally unsafe levels the atmosphere, soil or water whether above or below the ground.
- MULTIPLE RESIDENCE
- A building or parcel of land having four or more dwelling units.
- A paper product printed on newsprint, including all newspapers, newspaper advertisements and comics. Not included in this definition are magazines, telephone books or other advertising material printed on glossy or slick papers, whether enclosed with the newspapers or not.
- Any building or parcel of land not used as a residence or a multiple residence as defined in this section.
- Any individual, partnership, association, firm, corporation or any and all combinations of individuals acting in concert.
- PRIVATE CARTER
- A contractor providing collection of solid waste services in the Town, under license issued by the Sanitation Commission and subject to the rules and regulations and fee schedule of such Commission, as provided for in Chapter 17B of the Code of the Town of Orangetown and any amendments thereto.
- RECYCLABLE COLLECTOR
- A contractor under contract with the Town of Orangetown to provide collection of recyclables for remanufacture or reuse, subject to the terms and conditions of said contract with the Town of Orangetown.
- Solid waste consisting of newspapers, glass bottles and jars and metal food and beverage cans and such other materials as designated by the Recycling Coordinator and approved by the Town Board.
- RECYCLING CENTER
- Any combination of structure, machinery and facilities used for the off-loading of recyclables from collection vehicles, the processing of recyclables and the reloading of recyclables into vehicles for marketing.
- A building or parcel of land having three or fewer dwelling units.
- A person residing in a residence.
- SANITATION COMMISSION
- The Sanitation Commission for the Town of Orangetown, as authorized by Chapter 17B of the Orangetown Town Code.
- SOLID WASTE
- Materials or substances discharged or rejected as being spent, useless, worthless or in excess by 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, sludge, rubbish, ashes, incinerator residue, street cleanings, dead animals, offal, abandoned vehicles, agricultural waste, industrial waste, commercial waste and construction and demolition debris.
- SOLID WASTE SERVICE
- The handling, removal, storage or disposal of solid waste, including, but not limited to, placing or removing containers for solid waste on or from sites within the Town not owned by the person placing or removing the containers and transporting solid wastes from or to any of the locations within the Town.
- The unincorporated area of the Town of Orangetown.
- TOWN BOARD
- The Town Board of the Town of Orangetown.
Separation and collection.
It shall be the responsibility of all residents to separate recyclables from all residential solid waste and place them out for collection in the following manner:
Newspapers shall be placed in a container and metal cans, plastic containers and glass may be comingled and shall be placed in another container.
[Amended 6-13-1994 by L.L. No. 5, 1994]
Prior to placement for collection and removal, glass and metal recyclables shall be cleaned, and all contents shall be removed therefrom. Caps shall be removed from glass recyclables.
Recyclables for collection shall be placed in the containers provided by the Town and placed at the curbside on the date prescribed by the Recycling Coordinator. Excess recyclable materials shall be placed in additional appropriate containers provided by the resident, next to the Town-provided containers on the day prescribed.
Recyclables shall not be placed in the same container as or otherwise mixed with other forms of solid waste.
It shall be unlawful for a person to collect from a resident and dispose of solid waste which consists of recyclables combined with other forms of solid waste.
Ownership of recyclables set out for collection shall thereupon vest in the Town. It shall be unlawful for any person, other than that person under contract with the Town, to collect, remove or dispose of recyclables which are the property of the Town.
The Recycling Coordinator is empowered to designate the day of the week on which recyclables shall be collected and removed from a particular area. Recyclables shall not be collected or removed from any area except on the day of the week designated by the Coordinator.
As of August 1, 1988, all nonresidences and multiple residences shall provide for the separate collection of recyclables as distinguished from other forms of solid waste.
Future recyclables. In order to effect an orderly implementation of this section, taking into account the present and future market conditions, availability of containers and other equipment and other factors as may bear on the effectiveness of this local law, the Town Board is hereby empowered to phase-in the application of this local law to recyclable materials produced by residences, nonresidences and/or multiple residences, by public notice published in a newspaper of general circulation within the Town no less than 60 days prior to the date of application of this section to any other recyclable material.
Any person engaged in the business of collecting solid waste or rendering solid waste services, who is not authorized by the Town, shall be guilty of a violation, punishable by a fine of not less than $200 and not exceeding the sum of $1,000 or by imprisonment for a term not exceeding 15 days, or both. Each day such violation occurs or continues shall constitute a separate offense.
The violation of § 26B-4A is an offense punishable as follows:
[Amended 3-25-1991 by L.L. No. 5, 1991]
For the first conviction: by a fine of not less than $10 nor more than $25.
For a second conviction within one year: by a fine of not less than $25 nor more than $50.
For a third conviction within one year: by a fine of not less than $50 nor more than $100.
For a fourth and each subsequent conviction within one year: by a fine of not less than $100 nor more than $250.
This local law shall be administered and enforced by the Recycling Coordinator of the Town of Orangetown and/or his designated deputy or deputies who shall be authorized to issue appearance tickets, as the same are defined in Article 150 of the Criminal Procedure Law of the State of New York. Said appearance tickets are returnable in the Orangetown Justice Court pursuant to the rules thereof.
[Added 3-25-1991 by L.L. No. 5, 1991]
If any term, part, provision, section, subdivision or paragraph of this local law shall be held unconstitutional or ineffective, in whole or in part, then, to the extent that it is not unconstitutional or defective, this local law and such term, part, provision, section, subdivision or paragraph thereof shall be in full force and effect; and such determination shall not be deemed to invalidate the remaining terms, parts, provisions, sections, subdivisions or paragraphs thereof.
This local law shall take effect upon publishing and posting and upon filing a copy with the Secretary of State, as required by law.