[HISTORY: Adopted by the Town Board of the Town of Fort Edward 5-29-1990
as L.L. No. 5-1990. Amendments noted where applicable.]
A.
It is declared that a reduction of solid waste through
separation and removal of recyclable materials from the waste stream is of
importance to the economic welfare of the residents of the Town of Fort Edward,
County of Washington, and will help to promote the health and general welfare
of its citizens.
B.
It is the intent of this chapter to facilitate the disposal
of solid waste generated within the Town of Fort Edward in the most environmentally
acceptable manner possible and to facilitate and encourage the recovery of
all recyclable materials which can be marketed or used for secondary purposes.
C.
The town hereby determines, declares and finds that:
(1)
Improper municipal waste practices create public health
hazards, environmental pollution and economic loss, and cause irreparable
harm to the public health, safety and welfare.
(2)
Waste reduction and recycling are preferable to the processing
or disposal of municipal waste.
(3)
By purchasing products or materials made from recycled
materials, public agencies in the town can help stimulate the market for such
materials and thereby foster recycling, and can also educate the public concerning
the utility and availability of such materials.
(4)
Removing certain materials from the municipal waste stream
will decrease the flow of solid waste to municipal waste landfills, aid in
the conservation and recovery of valuable resources, conserve energy in the
manufacturing process, increase the supply of reusable materials for the town's
industries, and will also reduce substantially the required capacity of proposed
resource recovery facilities and contribute to their overall combustion efficiency,
thereby resulting in significant cost savings in the planning, construction
and operation of these facilities.
(5)
It is in the public interest to promote the source separation
of marketable materials on a townwide basis so that reusable materials may
be returned to the economic mainstream in the form of raw materials or products
rather than be disposed of or processed at the town's overburdened municipal
waste processing or disposal facilities.
(6)
The recycling of marketable materials by municipalities
in the town and town agencies, and the development of public and private sector
recycling activities on an orderly and incremental basis, will further demonstrate
the town's long-term commitment to an effective and coherent solid waste
management strategy.
(7)
The town is responsible for the protection of the health,
safety and welfare of its citizens concerning solid waste management.
D.
It is the purpose of this chapter to:
(1)
Encourage the development of waste reduction and recycling
as a means of managing municipal waste, conserving resources.
(2)
Protect the public health, safety and welfare from the
short- and long-term dangers of transportation, processing, treatment, storage
and disposal of municipal waste.
(3)
Require the town to implement recycling programs to return
valuable materials to productive use, to conserve energy and to protect capacity
at municipal waste processing or disposal facilities.
E.
Declaration of goals. The Town of Fort Edward hereby
declares the following:
(1)
Each person working or living in this town shall be taught
the economic, environmental and energy value of recycling and waste reduction
and shall be encouraged through a variety of means to participate in such
activities.
(2)
The town should, to the greatest extent practicable,
procure and use products and materials with recycled content and procure and
use materials that are recyclable.
When used in this chapter, the following terms shall have the meanings
indicated:
Those persons generating solid waste at businesses, including retail
stores, banks and financial institutions, business and professional offices,
personal services establishments, mortuaries and funeral homes, restaurants,
pet shops and veterinary establishments, automobile sales establishments,
gasoline stations, car washes and agricultural endeavors and such other business
endeavors although not specifically defined herein.
The Supervisor of the Town Board of the Town of Fort Edward.
Any area designated from time to time by the Director where persons
can bring recyclables for aggregation and further transport to a solid waste
management facility.
The practices whereby solid waste, including separated recyclables,
generated by the residential sector is placed at or near the roadside, or
other appropriate location at residential property, to be picked up by a hauler
for transportation to a solid waste management facility.
Those persons generating solid waste at establishments primarily
concerned with manufacturing or other substantial physical/chemical processing
of materials, which operations result in strong or offensive odors; vibrations;
excessive noise; smoke; dirt; or heavy truck traffic, including manufacturing
establishments; warehouses and wholesale distributors; freight and trucking
terminals; and heavy machinery sale, service and repairs.
Those persons generating solid waste at public, eleemosynary and
similar establishments, including schools, churches, hospitals, psychiatric
centers, government offices and garages, and nursing homes.
The following materials: newsprint; unbroken clear (flint), green
and brown glass containers; tin cans; aluminum, copper, brass and stainless
steel; corrugated cardboard; high density polyethylene (HDPE) containers;
motor vehicle batteries; motor vehicle tires up to and including size 9.00/16.5
(metric 235/85R16); and scrap metal, including miscellaneous iron, steel and
white metals (appliances).
Those persons generating solid waste at single and multiple residences,
boardinghouses, dormitories, mobile home parks, temporary residences and camps.
A.
Generally.
(1)
The town shall require all persons engaged in the commercial
sector to obtain licenses to collect and transport municipal waste, subject
to the plan as outlined in this chapter, together with the imposition of any
fees duly enacted by the Town Board.
(2)
The Director may from time to time determine that certain
materials contained in solid waste generated or brought within the town are
recyclables or that certain materials included or hereafter included in this
chapter's definition of "recyclables" are no longer recyclable. Upon
any such determination, the Director shall submit a written report to the
Town Board recommending that such materials be added to or deleted from the
definition of "recyclables" and providing the reasons and data supporting
such inclusion or deletion. The Director determination shall in all cases
be based on an evaluation whether economic markets exist for alternate uses
of such materials are equal to or greater than the cost to the Town of Fort
Edward of collection, transportation and sale of said material less the amount
received from the sale of said material by the Town of Fort Edward.
(3)
In making recommendations pursuant to this subsection,
the Director may recommend that a material be recyclable only for the residential
sector, commercial sector, industrial sector or institutional sector or any
combination thereof.
(4)
All persons shall separate recyclables from other solid
waste when preparing the same for transportation, collection, pickup or removal
by placing recyclables in one (1) or more separate containers. It shall be
a violation of this chapter for any person to place for collection any container
which contains recyclables mixed with other solid wastes. It shall be a violation
of this chapter for any person to deliver to a drop-off area or a solid waste
management facility any load which contains recyclables mixed with other solid
waste.
(5)
Recyclables delivered to a solid waste management facility
shall be prepared in accordance with all rules and regulations which shall
be filed with the Clerk of the Town Board. Such rules and regulations for
preparation may include, but shall not be limited to:
(a)
Removal of glossy inserts or wet or damp materials from
newsprint.
(b)
Washing of glass and/or metal containers.
(c)
Flattening of cans and plastic containers.
(d)
Removal of caps, lids and metal or plastic neck bands
from glass containers.
(e)
Removal of broken glass.
(f)
Placement in designated or properly labeled containers,
where practical.
(g)
Sorting into different categories of recyclables.
B.
Procedures for residential sector. The following procedures
shall apply to the residential sector:
(1)
Wherever household collection of recyclables is available
from a commercial or municipal hauler, persons choosing to use such collections
service and persons wishing to dispose of recyclables must deliver or make
arrangements to have them delivered, properly separated and prepared, to a
solid waste management facility or to any drop-off area which the Director
may from time to time designate. It shall be a violation of this chapter for
any person without authority of the county to collect, pick up, remove or
cause to be collected, picked up or removed any recyclables placed for collection
at a drop-off area. Each such unauthorized collection, pickup or removal from
a drop-off area shall constitute a separate and distinct violation of this
chapter.
C.
Procedures for the commercial, industrial and institutional
sectors. The following procedures shall apply to the commercial, industrial
and institutional sectors:
(1)
Persons wishing to dispose of recyclables shall deliver
or make arrangements with a commercial or municipal hauler to deliver recyclables,
properly separated and prepared, to a solid waste management facility duly
designated pursuant to this chapter.
(2)
Although all persons from the commercial, industrial
or institutional sectors must separate recyclables from other solid waste
in accordance with the general provisions of this chapter they need not deliver
or make arrangements with a hauler to deliver said recyclables to a duly designated
solid waste management facility in the following circumstances:
(a)
They have access to markets for recyclables which provides
a material economic benefit compared to disposal at the designated solid waste
management facility, actually deliver or cause to be delivered recyclables
to such markets on a regular basis, and can document access, material economic
benefits and actual delivery with contracts, receipts, bills of lading, affidavits,
letters of intention or other suitable records indicating the facts justifying
exemption.
(b)
They file on an annual basis an application for exemption with the Director, which application shall set forth on a prescribed form all information or facts justifying exemption from the operation of Subsection C(1) and (2) hereinabove. They shall include copies of all pertinent documentation with such application.
(c)
They obtain written approval of the exemption from the
Director, which approval shall not be unreasonably withheld or delayed.
D.
Disposal of collected recyclables by haulers.
(1)
Municipal or commercial haulers engaged in collecting
recyclables generated within the town by the residential, commercial, industrial
or institutional sectors shall keep recyclables separate from other solid
wastes, shall handle recyclables in such a manner that they are not contaminated
or destroyed and shall deliver recyclables only to a solid waste management
facility duly designated pursuant to this chapter.
(2)
Haulers need not deliver collected recyclables to a duly
designated solid waste management facility in the following circumstances:
(a)
They have access to markets for recyclables which provide
a material economic benefit compared to disposal at the designated solid waste
management facility, actually deliver or cause to be delivered recyclables
to such markets on a regular basis, and can document access, material economic
benefit, and actual delivery with contracts, receipts, bills of lading, affidavits,
letters of intention or other suitable records indicating the facts justifying
exemption.
(b)
They file on an annual basis an application for exemption with the Director, which application shall set forth on a prescribed form all information or facts justifying exemption from the operation of Subsection D(1) hereinabove. They shall include copies of all pertinent documentation with such application.
(c)
They obtain written approval of the exemption from the
Director, which approval shall not be unreasonably withheld or delayed.
A.
The Director of Solid Waste shall have the power to adopt
and promulgate, amend and repeal such rules and regulations as in his discretion
are necessary or desirable to carry out, interpret and enforce the intent
and purposes of this chapter. Notwithstanding this power, any failure to adopt
and promulgate such rules and regulations shall not impair the enforceability
of this chapter in a court of competent jurisdiction.
B.
The Director may also develop, subject to Town Board
review, a comprehensive, innovative and effective public education program
concerning the value of recycling and waste reduction, and of public opportunities
to participate in such activities, in cooperation with area schools and other
municipalities.
C.
The Director may also develop and maintain a data base
on recycling and waste reduction in the town, and make the information in
that data base available to the public.
A.
The Superintendent of Highways, Director and any other
person designated by the Board shall be authorized to inspect:
B.
The Superintendent of Highways, Director and any other
person designated by the Board shall be authorized to turn away and deny access
to any person delivering a load of solid waste which includes or contains
recyclable materials to the town's sanitary landfill.
C.
Any violation of this chapter shall be punishable by
imprisonment in the Washington County Jail for not more than fifteen (15)
days or by a fine of not more than two hundred fifty dollars ($250.), or by
both such fine and imprisonment.
D.
Each commission of a single act shall constitute a separate
violation of this chapter, and each day of such violation shall constitute
a separate offense, which may be punished and prosecuted as such.
E.
In addition to the penalties herein set forth, any person
or entity who is convicted of violating any portion of this chapter after
having been convicted of a violation of any portion of this chapter within
the preceding five (5) years shall be liable for payment to the Town of Fort
Edward a civil penalty as follows:
An Advisory Committee, consisting of not more than seven (7) Town of
Fort Edward residents, may be established to assist in the town's recycling
efforts. The Town Supervisor shall be the appointing authority with members
to serve at the pleasure of the Supervisor. The Committee would serve in an
advisory capacity only.