In enacting this chapter, the legislative body of the Town of Rosendale
supports the following statutory purposes:
A.
The intent of this chapter is to safeguard the health,
safety and welfare of the inhabitants of the Town and to safeguard their material
rights against unwarrantable invasion. To protect, preserve or maintain property
values, and to minimize nuisance, as well as to protect against health hazards.
B.
To increase the life expectancy of existing and potential
landfill areas and decrease the need for alternative refuse disposal facilities
through a comprehensive program of waste stream reduction and recycling.
C.
To identify methods of collection, reduction and separation
which will encourage the more efficient utilization of solid waste disposal
facilities and contribute to more effective programs for the reuse of solid
wastes.
D.
To ensure the long-range preservation of the health,
safety and well-being of the public and the economic productivity and environmental
quality of the Town of Rosendale by conserving resources and reducing the
potential for pollution of the environment.
E.
To implement the applicable provisions of the New York
State Solid Waste Management Act of 1988,[1] which requires municipalities to adopt a local law for separating
solid waste into recyclable, reusable or other components for which economic
markets for alternate uses exist.
[1]
Editor's Note: See Environmental Conservation Law § 3-0301
et seq.
A.
ABANDON
BULK ITEM
CANS
CARDBOARD
COMMERCIAL HAULER
COMPOST
COMPOSTING
CONSTRUCTION AND DEMOLITION DEBRIS
ENFORCEMENT OFFICER
FACILITY
GENERATOR
GLASS
HAZARDOUS WASTE
HOUSEHOLD HAZARDOUS WASTE (HHW)
INFECTIOUS WASTE
LITTER
MUNICIPAL SOLID WASTE
(1)
(2)
NEWSPAPER
PLASTIC
RECYCLING
RECYCLING COORDINATOR
SOURCE-SEPARATION
THROWING or DEPOSITING or ABANDONING
TIRES
TOWN
YARD WASTE
Unless specifically defined below, words or phrases used
in the following sections shall be interpreted so as to give them the meaning
they have in common usage and to give this chapter its most reasonable application.
The relinquishment of any item of personal property and/or litter
with the intention of not reclaiming it nor resuming its ownership or enjoyment;
and intent shall be presumed at the expiration of 48 hours from the time of
abandonment.
All vehicle tires, white goods, machinery of any kind, appliances,
stuffed furniture and mattresses.
Containers comprised of aluminum, tin, steel or a combination thereof,
which contain or formerly contained only food and/or beverage substances.
All corrugated or other cardboard normally used for packing, mailing,
shipping or containerizing goods, merchandise or other material, but excluding
plastic, foam or wax-coated or soiled cardboard.
That entity which is contracted for the collection, removal and disposal
of residential, commercial or institutional mixed refuse and recyclables.
The humus-like organic product generated from composting.
The microbial degradation or decomposition of organic matter into
a useful product.
All waste resulting from the construction, demolition, remodeling
and repair of structures, road building and land clearing within the Town.
Such wastes include but are not limited to bricks, concrete and other masonry
materials, soil, rock, lumber, road spoils, paving materials, shingles, brush
and tree stumps.
That person or persons duly designated by the Town Board of the Town
of Rosendale.
Rosendale Landfill/Recycling Center.
Any residential, commercial/business or institutional entity which
generates solid waste within the Town of Rosendale.
All glass bottles and jars composed of silica or sand, soda ash and
limestone, being transparent, translucent, green or amber and used for the
packaging or bottling of various food and beverage matter, excluding ceramics,
light bulbs, window glass, mirrors or glass electronic components.
The same meaning as defined in § 1389-a of the Public Health
Law of the State of New York.
Any substance or material commonly used in the home, workshop, lawn
or garden which poses a substantial threat or potential hazard to human health
or the environment when disposed of through ordinary means. "HHW" consists
of discarded materials which, if it were not for their point of origin (household
rather than industrial), would be hazardous wastes under New York Laws, Part
371, 6 NYCRR, including pesticides.
The same meaning as defined in § 1389-a of the Public Health
Law of the State of New York.
Includes all garbage, refuse, trash, rubbish or any nauseous or offensive
material from a kitchen, store, restaurant, food stand, business or dwelling;
all waste materials customarily handled or collected by refuse collectors
or junk dealers; items known as "junk," regardless of size, discarded or abandoned
by reason of obsolescence, age or state of repair or intended to be discarded,
abandoned or junked; discarded reading material, newspapers, magazines or
similar paper goods; cans, bottles, containers, boxes, cartons or wrappers,
with or without contents; and miscellaneous items such as tires, appliances,
auto parts, etc.
The materials or substances of refuse from residential, commercial/business
or institutional entities generated within the Town, which is considered spent,
useless, worthless or in excess to the owner at the time of discard or rejection
and is comprised of the following two basic components:
RECYCLABLESAny discarded materials which may be reclaimed and are designated as such by the Town Board of the Town, for the purpose of recycling, reduction and/or reuse. “Recyclables” include but are not limited to uncontaminated newsprint, glass bottles and jars, tin or aluminum metal cans, high-density polyethylene plastic containers, uncontaminated cardboard, tires, appliances and other scrap metal and yard wastes such as leaves, brush, etc. “Recyclables” also include any other material deemed recyclable by the Town Board of the Town of Rosendale, upon future recommendations by the Environmental Commission.
NONRECYCLABLESAny portion of the waste stream not included under "recyclables" and not treated separately as hazardous waste as defined in § 1389-a of the Public Health Law of the State of New York. “Nonrecyclables” includes but is not limited to garbage, rubbish, putrescible solid waste, including animal and vegetable waste, resulting from the handling, storage, sale, preparation, cooking or serving of foods.
Includes newsprint and all newspapers and newspaper advertisements,
supplements, comics and enclosures.
All containers made from high-density polyethylene, including but
not limited to bottles having contained the following types of liquid: milk,
juice, water, bleach, detergents, oil, antifreeze and automobile fluids.
The process by which recyclable materials which would otherwise become
solid waste are separated, collected or processed and returned to the economic
mainstream or resource stream in the form of secondary materials or products.
That individual duly designated by the Town Board of Rosendale and
empowered to administer the recycling program and to coordinate all efforts
associated with the program.
The separation of recyclable materials from the solid waste stream
into designated categories for recycling, by the generator at the point of
generation.
Includes throwing from a vehicle of any type or from an aircraft
or boat.
Wheels from vehicles such as cars, trucks and buses and composed
of rubber materials or some portion thereof.
The Town of Rosendale, New York and any incorporated village therein
and its authorized agents.
Grass clippings, leaves, prunings and other organic yard and garden
wastes such as branches, twigs and brush, not to exceed a diameter or length
which may be specified from time to time by the Town of Rosendale or its duly
authorized agent.
B.
Word usage. When not inconsistent with the context, words
used in the present tense include the future; words used in the plural number
include the singular; words used in the masculine include the feminine and
the neuter. The word "shall" is always mandatory and not merely directory.
The word "person" shall include any individual, firm, partnership, association,
corporation, company, business or organization of any kind.
