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.
- HAZARDOUS WASTE
- 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.
- A. "Nonrecyclables" include, but are not limited to, the following:
- B. 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:
- A. Paper, clean and unsoiled, including newsprint, newspapers, news advertisements, supplements, comics and enclosures, corrugated boxes, cardboard, cardboard cartons and similar corrugated materials.
- B. Unbroken glass, glass bottles or types of containers, but not including dishes, crockery, ceramics, window glass, safety glass or Pyrex-type glass.
- C. Metals limited to bimetal cans, tin-plated steel cans, aluminum containers and aluminum household items.
- D. 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.
- E. Such other items and materials as may later be included pursuant to agreement between the Town and its refuse collection contractor.
- WASTE MATERIAL
- 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.
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.
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.
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.
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.
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:
Waste material shall be prepared for collection in accordance with Subsection A(1) through (4) of this section.
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.
Recyclable aluminum cans and items, glass bottles and plastic items shall be separated from nonrecyclables and placed in the recyclable collection container.
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.
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.
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.
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.
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.
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.
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.
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.