The Town Board of the Town of Pendleton finds that the reduction
of the amount of solid waste and the conservation of recyclable materials
are important public concerns. The separation and collection of newspaper,
paper, cardboard, glass, cans, plastic containers and other materials
for recycling from the residential, commercial, industrial and institutional
establishments in the Town will protect and enhance the Town's physical
and visual environment, as well as promote the health, safety and
well-being of persons and property within the Town by minimizing the
potential adverse effect of landfilling, facilitating the implementation
and operation of other forms of solid waste management, conserving
natural resources and assisting the Town in complying with the mandates
of the New York State Solid Waste Management Act of 1988. The promotion
and use of recyclable materials, goods produced from recyclable materials
and goods which facilitate recycling will further serve the same purposes
by encouraging and facilitating recycling.
For the purposes of this article, the following terms, phrases,
words and derivatives shall have the following meanings:
The person or persons designated by resolution of the Town
Board to monitor and enforce this article. The Town Board shall act
as Administrator unless a separate designation is made.
May include, but is not limited to, the following products
and their empty containers; insecticides, herbicides, petroleum products,
caustic chemicals, paint and batteries. Hazardous wastes generally
display one or more of the qualities of ignitability, corrosivity,
reactivity or toxicity.
That portion of the waste stream not included under "recyclables,"
and not treated separately as hazardous waste under § 27-0903
of the New York Environmental Conservation Law; source, special nuclear
or by-product material as defined in the United States Atomic Energy
Act of 1954; or low-level radioactive waste as defined in § 29-0101
of the New York Environmental Conservation Law.
"Nonrecyclables" include, but are not limited to, the following:
GARBAGEPutrescible solid waste, including animal and vegetable waste resulting from handling, storage, sale, preparation, cooking or serving of foods. Garbage originates primarily in home kitchens, storage areas, markets, restaurants and other places where food is stored, prepared or served.
RUBBISHRags, sweepings, rubber, leather, excelsior, crockery, shells, clothing, straw, dirt, filth, ashes, wastepaper and similar waste material.
LARGE HOUSEHOLD FURNISHINGSLarge and/or bulky articles actually used in the home and which equip it for living (such as chairs, sofas, tables, beds, carpets and large appliances).
CONSTRUCTION AND DEMOLITION DEBRISWaste resulting from construction, remodeling, repair and demolition of structures, road building and land clearing. Such wastes include, but are not limited to, spoils, paving material and tree or brush stumps.
The Pendleton Town Board may change the classification of "nonrecyclables"
as defined herein in the event that it determines that reclassification
is cost effective or that economic markets exist for that product.
The Pendleton Town Board shall notify all generators of the change
in classification.
Any individual, firm, partnership, company, corporation,
association, joint venture, cooperative enterprise, trust, municipality,
other governmental agency or any other entity or any group of such
persons which is recognized by law as the subject of rights and duties.
In any provisions of this article prescribing a fine, penalty or imprisonment,
the term "person" shall include the officers, directors, partners,
managers or persons in charge of a company, corporation or other legal
entity having officers, directors, partners, managers or other persons
in charge.
Any materials which can be collected, separated and/or processed,
treated, reclaimed, used or reused to produce a raw material or product,
which materials include, but are not limited to, the following:
Paper, clean and unsoiled, including newsprint, newspapers,
news advertisements, supplements, comics and enclosures, corrugated
boxes, cardboard, cardboard cartons and similar corrugated materials.
Unbroken glass, glass bottles or types of containers, but not
including dishes, crockery, ceramics, window glass, safety glass or
Pyrex-type glass.
Metals limited to bimetal cans, tin-plated steel cans, aluminum
containers and aluminum household items.
Plastic containers normally found in the household, including
containers used primarily for laundry products, dishwashing detergents,
milk, water and similar items, including PET (polyethylene terephthalate)
and HDPE (high-density polyethylene) and other plastic resin types.
Such other items and materials as may later be included pursuant
to agreement between the Town and its refuse collection contractor.
Includes all recyclables and nonrecyclables which make up
the waste stream eligible for curbside pickup under this article.
"Waste material" does not include dead animals, fecal matter or material
treated separately as hazardous waste under § 27-0903 of
the New York Environmental Conservation Law or source, special nuclear
or by-products material as defined in § 29-0101 of the New
York Environmental Conservation Law.
A.
Upon the effective date of this article, there is hereby established
a program for the separation, preparation for collection and collection
of waste materials. The program shall be under the supervision of
the Town of Pendleton, its administrators and its collection agent
or contractor.
B.
The Town Board and its administrator will determine recyclables and
units required to recycle and notify Town residents at least 30 days
before said declaration will be incorporated into the Town program.
D.
The Town of Pendleton, its administrator and its collection agent
or contractor shall have no obligation to pick up and remove any waste
material not prepared for collection in accordance with this article.
E.
The Town of Pendleton, its administrator and its collection agent
or contractor shall have no obligation to pick up and remove any waste
material which was not used in the residence or business or other
establishment and subject to the Town's contractor for garbage and
recycling.
F.
The Town of Pendleton, its administrator and its collection agent
or contractor shall have no obligation to pick up or remove any waste
material which is to be provided for pursuant to the Town's contract
for waste removal with the contractor or otherwise provided for by
a Town-administered pickup and removal program. Certain businesses,
industries and residences may not be provided for in Town of Pendleton
pickup and removal programs.
No person shall dispose of waste material for collection by
the Town except as follows:
A.
Waste material shall be prepared for collection in accordance with Subsection A(1) through (4) of this section.
(1)
Each person shall provide separate, sealable galvanized steel cans
or other suitable sanitary sealable containers or heavy duty plastic
bags for nonrecyclables, unless stipulated otherwise in this article.
Such cans or containers shall not exceed 30 gallons' capacity and
when filled shall not exceed 60 pounds in weight. All cans or containers
shall be placed at the curb or roadside for collection.
(2)
Recyclable aluminum cans and items, glass bottles and plastic items
shall be separated from nonrecyclables and placed in the recyclable
collection container.
(3)
Recyclable metal cans, aluminum, cans, glass and plastic containers
and other items so separated shall be rinsed of contents and placed
in the recyclable collection container. Caps on plastic containers
shall be removed and disposed of as garbage.
(4)
Newsprint shall be separated from nonrecyclables and either placed
in the recyclable container or properly secured into bundles not to
exceed 25 pounds in weight and placed at the curb or in the recyclable
container or roadside next to the recyclable container for collection.
Effort is to be made to keep the newsprint clean and dry and contamination
free.
B.
Other items to be included for recycling are to be prepared as set
forth from time to time by resolution of the Town Board, according
to such expansions of the curbside collection program as may be established
by the Town from time to time.
C.
One recyclable container shall be provided by the Town to each unit
and shall conform in color, logo, shape and material and other specifications
to the material established from time to time by the Town Board. Replacements
may be purchased from the Town at an amount to be determined by the
Town Board.
Waste materials shall be collected in a manner consistent with
the terms of the Town of Pendleton collection contract.
A.
When any person properly places any recyclable materials at or near
any curb, sidewalk, street or road for the purposes of collection
by the Town of Pendleton or its contractor, those recyclable materials
shall thereupon immediately become the property of the Town of Pendleton
or its authorized agent. No person not acting under authority of the
Town of Pendleton or its authorized agent shall collect, pick up,
remove or cause to be collected, picked up or removed, any recyclable
materials so placed for collection; each such unauthorized collection,
pickup or removal shall constitute a separate violation of this article.
B.
Notwithstanding the provisions of Subsection A, where the Town or its agent or contractor has refused to collect certain recyclables because they have not been placed or treated in accord with the provisions of this article, the person responsible for initially placing those materials for collection may and shall promptly remove those materials from any curb, sidewalk, streetside or roadside and assume possession, control and responsibility for the proper disposal of same.
C.
Nothing herein shall prevent any person from making arrangements
for the private collection of recyclables; provided that recyclables
to be privately collected shall not be placed curbside on or immediately
preceding the day for municipal collection of such recyclables.
D.
The Town of Pendleton, its administrator and its authorized agent
shall not be required to collect any waste material which has not
been separated and secured pursuant to the provisions of this article
or the applicable regulations of the Town of Pendleton.
A violation of this article, other than § 213-27A, shall constitute a violation punishable, upon conviction thereof, by a fine not exceeding $250 or by imprisonment for not more than 15 days, or both, for each offense. A violation of § 213-27A or 213-28 shall constitute a misdemeanor punishable upon conviction thereof by not more than six months' imprisonment or a fine not exceeding $1,000 or both.
The provisions of this article apply to commercial, industrial
and institutional waste generators. In the event that a commercial,
industrial or institutional waste generator does not have materials
collected pursuant to law or contract, said generator shall be responsible
for components or solid waste which must be source-separated which
is left for collection by any person as defined herein or delivered
to the generator prior to being disposed of in any manner at a solid
waste management facility.
This article shall take effect upon filing with the Secretary
of State, however, its provisions are suspended until such date that
a contract is implemented by the Pendleton Town Board for recycling
in the Town of Pendleton.
