[HISTORY: Adopted by the Town Board of the
Town of Holland as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-13-1991 by L.L. No. 1-1991]
This article shall be known and may be cited
as the "Recycling Law of the Town of Holland."
This article is enacted pursuant to the authority
granted under the New York Town Law and the New York Environmental
Conservation Law regarding solid waste reduction.
It is hereby declared the policy of the Town
to reduce the volume of solid wastes. To achieve such volume reductions,
the Town shall, by resolution, rule or regulation, provide for the
implementation of programs to separate recyclable materials from solid
wastes and to require solid waste haulers to comply with this policy.
The following terms shall have the meanings
as set forth in this article:
Empty all-aluminum beverage and food containers.
Empty food or beverage containers consisting of ferrous sides
and bottoms and an aluminum top.
Those properties used primarily for commercial or industrial uses as perceived herein and as may be so identified in Chapter 120, Zoning, of the Town of Holland.
That material consisting of two or more pieces of kraft liner
separated by corrugated (fluted) liner board. Excluded are materials
without a corrugated interliner and those materials with a corrugated
liner made from rice or other non-wood-based materials.
The collection by the municipality or its authorized agent(s)
of recyclable materials placed at the curbside or other designated
locations.
Empty steel or tin food or beverage containers.
Bottles and jars made of clear, green or brown glass. Expressly
excluded are noncontainer glass, plate glass, blue glass and porcelain
or ceramic products.
That paper collected from commercial, institutional and municipal
establishments that was discarded from xerographic copiers; from nonthermal
computer printers; from general office use forms, memos and correspondence;
and from print shops and other commercial printing processes. Material
sorting and classification grades will be specified in the regulations
specific to this article. Expressly excluded are papers with self
carbons, carbon paper, envelopes and all other grades of paper not
meeting the specifications of the regulations.
Those facilities that house or serve groups of people, e.g.,
hospitals, schools and nursing homes.
Leaves, garden residues and similar materials but not including
grass clippings.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals and printed on glossy or slick paper.
Expressly excluded are all other paper products of any nature whatsoever.
Paper of the type commonly referred to as "newsprint" and
distributed at fixed intervals, having printed thereon news and opinions,
containing advertisements and other matters of public interest. Expressly
excluded, however, are newspapers which have been soiled.
Owners, lessees and occupants of residences or commercial
or institutional establishments, individuals, partnerships or corporations.
Empty plastic food and beverage containers. Due to the large
variety of types of plastics, the recycling regulations shall stipulate
the specific types of plastic which may be recycled as determined
by the Town Board from time to time.
Any type containers approved by the Town Board.
Those materials which may be processed at a recycling facility
and specified by the Town Board to be recycled. The list of materials
shall be specified in the recycling regulations resulting from this
chapter and may be revised from time to time as deemed necessary by
the Town Board.
Any occupied single- or multifamily dwelling from which a
municipal or private waste hauler collects solid waste.
All refuse (garbage and rubbish) and other discarded solid
material normally collected by a municipal or private hauler. Hazardous
or toxic waste, as defined by the Department of Environmental Conservation,
is not included in this definition as regulated by NYCRR 364.
Tires of rubber and/or synthetic product used on all types
of motor vehicles.
[Added 3-10-2010 by L.L. No. 1-2010]
The duly elected and constituted legislative body of the
Town of Holland.
Prunings, grass clippings, weeds, leaves and garden waste.
There is hereby established by the Town of Holland,
herein referred to as the "Town," a program that mandates the recyclable
materials which shall be kept separate from solid waste by all persons
within the municipality.
Recyclable materials shall be placed at the
curb or in areas designated by the Town separate from solid waste
for collection at such times and dates as may be hereinafter established
by regulations or by contract with private collectors.
All persons or firms engaged in the collection
or disposal of solid waste are required to obtain an annual permit
upon application and approval of the Town Board. The Town Board shall
determine by resolution the cost of the permit and any requirements
to be met by the applicant. By this provision the Town Board specifically
reserves the discretion to determine the requirements for said permit,
which shall include but not be limited to the type of vehicles used
for collection, hours of collection, frequency of collection and provisions
against spillage and littering. It shall be a violation of this article
for any persons unauthorized by the Town to collect or pick up or
cause to be collected or picked up any such recyclable material. Each
such collection in violation hereof shall constitute a separate and
distinct offense, punishable as hereinafter provided.
All persons or firms licensed to collect and
dispose of solid waste within the Town of Holland shall file a monthly
report no later than the 10th day of the month subsequent to the period
of the report, setting forth the names and addresses of any person
or firms which have failed to separate recyclable materials from solid
wastes. The defining of recyclable materials shall be as set forth
in this article and as may be determined from time to time by resolution
of the Town Board.
The Town, by its designated officer, is authorized
to enforce this article. The same is hereby authorized and directed
to establish and promulgate reasonable regulations as to the manner,
days and times for the collection of recyclable materials in accordance
with the terms hereof and any other matters required to implement
this article. This shall include the licensing of solid waste collectors.
The Town may change, modify, repeal or amend any portion of the said
rules and regulations at any time.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any action by any person, firm, corporation
or other entity which violates or does not comply with any provision
of this article or any regulation thereof shall be given a notice
to remedy upon the first violation and thereafter shall be punishable
by a fine not to exceed $1,000 or by imprisonment for not more than
one year or both. Any person, firm, corporation or other entity which
collects such recyclable materials without authorization of the owner
or of the Town of Holland shall be punishable by a fine not to exceed
$1,000 or by imprisonment for not more than one year or both. This
article may be enforced in the Town of Holland Justice Court.
[Amended 3-10-2010 by L.L. No. 1-2010]
The Town may administer the collection of items
of solid waste and recyclable materials. The Town is authorized to
set forth the arrangements for such collection and is authorized to
determine and impose fees for such collection as it may determine
from time to time.
Any person may donate or sell recyclable materials
to individuals or organizations authorized or licensed by the municipality
in its recycling regulations. These materials must either be delivered
to the individuals' or organizations' site or they may be placed at
the curb for collection by said individuals or organizations on days
not indicated as recyclable material collection days by the municipality.
Said individuals or organizations may not collect recyclable materials
on or immediately preceding [within 24 hours] a regularly scheduled
curbside collection day.
This article shall take effect immediately,
with compliance of its terms effective April 1, 1992.
