[HISTORY: Adopted Orangetown Town Board 7-18-1988 by Local Law
No. 4, 1988. Amendments noted where applicable.]
GENERAL REFERENCES
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.
A.Â
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.
B.Â
BULK WASTE
CARDBOARD
COORDINATOR
DISPOSAL FACILITY
DISPOSAL FEE
HAZARDOUS SUBSTANCE
MULTIPLE RESIDENCE
NEWSPAPERS
NONRESIDENCE
PERSON
PRIVATE CARTER
RECYCLABLE COLLECTOR
RECYCLABLES
RECYCLING CENTER
RESIDENCE
RESIDENT
SANITATION COMMISSION
SOLID WASTE
SOLID WASTE SERVICE
TOWN
TOWN BOARD
As used in this local law, the following words shall have
the meanings indicated:
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.
Any solid waste management plant or site under contract to
receive solid waste originating from within the Town of Orangetown.
The fee charged by any disposal facility under contract with
the Town of Orangetown.
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.
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.
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.
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.
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.
The Sanitation Commission for the Town of Orangetown, as authorized by Chapter 17B of the Orangetown Town Code.
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.
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.
The Town Board of the Town of Orangetown.
A.Â
Separation and collection.
(1)Â
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:
(a)Â
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]
(b)Â
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.
(c)Â
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.
(d)Â
Recyclables shall not be placed in the same container
as or otherwise mixed with other forms of solid waste.
(2)Â
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.
(3)Â
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.
(4)Â
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.
(5)Â
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.
B.Â
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.
A.Â
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.
B.Â
The violation of § 26B-4A is an offense punishable as follows:
[Amended 3-25-1991 by L.L. No. 5, 1991]
(1)Â
For the first conviction: by a fine of not less than $10
nor more than $25.
(2)Â
For a second conviction within one year: by a fine of
not less than $25 nor more than $50.
(3)Â
For a third conviction within one year: by a fine of not
less than $50 nor more than $100.
(4)Â
For a fourth and each subsequent conviction within one
year: by a fine of not less than $100 nor more than $250.
C.Â
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.