[HISTORY: Adopted by the Town Board of the Town of North Salem 8-18-1992 by L.L. No. 3-1992. Amendments noted where applicable.]
Garbage, rubbish and refuse — See Ch. 115.
This chapter shall be known and cited as the "Recycling Law of the Town of North Salem."
The Town Board of the Town of North Salem 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, metal cans, plastics, garden and yard waste as well as other potential solid wastes in the Town will protect and enhance the Town's physical and aesthetic environment as well as promote the health, safety and well-being of persons and property within the Town by:
Minimizing the potential adverse effects of landfilling through reduction of the need for landfills and conservation of existing landfill capacity.
Facilitating the implementation and operation of other forms of solid waste management.
Conserving natural resources.
Assisting the Town in complying with the mandates of the laws of the State of New York.
Facilitating the development and implementation of a solid waste management plan for the Town.
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.
This chapter is adopted pursuant to § 10 of the Municipal Home Rule Law of the State of New York.
As used in this chapter, the following definitions shall apply:
- Containers comprised of aluminum, tin, steel or a combination thereof which contain or formerly contained only food and/or beverage substances.
- All corrugated cardboard normally used for packing, mailing, shipping of containerizing goods, merchandise or other material, but shall not mean wax-coated or soiled cardboard.
- Source-separated, nonputrescible, noncontaminated recyclable materials that have been placed in the same container.
- DESIGNATED RECYCLABLE MATERIALS or DESIGNATED RECYCLABLES
- Those recyclable materials designated by this chapter and/or by resolution of the Town Board pursuant to this chapter to be source-separated. The term includes but is not limited to newspaper, glass, paper, cardboard, metal cans, plastic containers and vegetative yard waste.
- DISPOSITION or DISPOSITION OF DESIGNATED RECYCLABLE MATERIALS
- The transportation, placement or arrangement for transportation or placement of designated recyclable materials for all possible end uses.
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- All clear (flint), green and brown (amber) colored glass containers.
- Common machine-finished paper made chiefly from wood pulp used for printing newspapers which is clean and unsoiled. This term excludes glossy finished paper used for newspaper inserts and magazines.
- All high-grade office paper, fine paper, bond paper, office paper, xerographic paper, mimeo paper, duplication paper, magazines, paperback books, school paper, catalogs, junk mail, computer paper, telephone books and similar cellulosic material, but shall not mean newspaper, wax paper, plastic- or foil-coated paper, styrofoam, wax-coated food and beverage containers, carbon paper, blueprint paper, food-contaminated paper, soiled paper and cardboard.
- PLASTIC CONTAINERS
- Containers composed of high-density polyethylenes, polyethylene terephthalate or other specific plastics as the Town Board may designate which contain or formerly contained only food and/or beverage substances.
- RECYCLABLE MATERIAL
- A material which would otherwise become solid waste, which can be collected, separated and/or processed, treated, reclaimed, used or reused to produce a raw material or product.
- Any process by which materials, which would otherwise become solid waste, are collected, separated and/or processed, treated, reclaimed, used or reused to produce a raw material or product.
- RECYCLING COLLECTION AREA
- Any facility designed and operated solely for the receiving and storing of source-separated designated recyclable materials.
- RECYCLING COORDINATOR
- An employee of the Town who shall have the responsibility of inspecting refuse containers to ensure compliance with this chapter.
- Any person residing within the Town on a temporary or permanent basis, but excluding persons residing in hotels or motels. For purposes of this chapter, "resident" does not include commercial, industrial or institutional establishments.
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, including but not limited to nonrecyclable paper, wrappings, cigarettes, wood, wires, glass, bedding, furniture and similar materials which are not designated recyclable materials.
- SOLID WASTE
- All putrescible and nonputrescible materials or substances discarded or rejected as having served their original intended use or as being spent, useless, worthless or in excess to the owner at the time of such discard or rejection, including garbage, refuse, litter, rubbish, industrial waste, commercial waste, sludges, ashes, contained gaseous material, incinerator residue, construction and demolition debris, discarded automobiles and offal, but not including designated recyclable materials, solid or dissolved matter in domestic sewage or substances, materials in noncontainerized gaseous form or hazardous materials or waste.
- To separate recyclable materials from the solid waste stream at the point of waste generation.
- The Town of North Salem located within the County of Westchester, State of New York.
- TOWN BOARD
- The Town Board of the Town of North Salem.
- VEGETATIVE YARD WASTE
- Organic yard and garden waste, leaves, grass clippings and brush.
Upon the effective date of this chapter, there is established within the Town a program ("curbside program") for separate collection of newspaper and commingled glass, cans and plastic containers from all residents of the Town.
Collection of newsprint and commingled glass, cans and plastic containers pursuant to the curbside program established by this section shall be made as established from time to time by the Town Board. Collection shall occur in accordance with a schedule advertised by the Town.
The Town Board, by resolution, may expand the curbside program to include, in addition to newsprint and commingled glass, cans and plastic containers, the collection in separate containers, bundles or packages, as appropriate, of one or more of the following designated recyclable materials:
Said expanded curbside program shall be established at all times 30 days after designation and publication of notice in an official newspaper of the Town or a newspaper of general circulation within the Town.
Collection of designated recyclable materials added to the curbside program pursuant to Subsection C shall occur in accordance with a schedule advertised by the Town.
All residents of the Town within the areas serviced by the curbside programs established pursuant to this section shall, upon the applicable effective date, source-separate newsprint and other designated recyclables and, in the manner designated by this chapter and on the date specified for collection by the schedule published by the Town, place them at the side of the road fronting their residences or at such other location at or near the residence agreeable to the person who is collecting the material.
Ownership of recyclables set out for collection shall thereupon vest in the Town. It shall be unlawful for a person to collect, remove or dispose of recyclables which are the property of the Town without first having obtained the required license or permit. A person who collects or removes recyclables which belong to the Town shall deliver and dispose of the same at such locations and in such manner as the Town shall designate.
All designated recyclables placed at the roadside, or other location, by residents for collection pursuant to the curbside program established pursuant to this chapter shall be prepared for collection in accordance with regulations promulgated by the Town Board.
Designated recyclables as may be required to be placed in recycling collection areas pursuant to any rules and regulations adopted pursuant to this chapter shall be prepared for collection in accordance with rules and regulations promulgated by the Town or its duly authorized agent.
Nothing in this chapter shall be construed as preventing any person from utilizing vegetative yard waste for compost, mulch or other agricultural, horticultural, silvicultural, gardening or landscaping purposes.
The Recycling Coordinator is authorized to enforce the provisions of this chapter and to administer the recycling programs established herein. The Town Board may adopt and promulgate, amend and repeal rules and regulations implementing this chapter in order to carry out and enforce the intent and purposes thereof.
It shall be unlawful for:
Any person, other than those persons so authorized, to collect any designated recyclable which has been placed at the roadside for collection or within a recycling collection area pursuant to this chapter.
Any person to violate or to cause or to assist in the violation of any provision of this chapter or any implementing rule or regulation promulgated by the Town or its duly appointed agent.
Any person to place or to cause to be placed any material other than a designated recyclable in or near a recycling collection area.
Any person to hinder, obstruct, prevent or interfere with this Town, the Recycling Coordinator or any other authorized persons in the performance of any duty under this chapter or in the enforcement of this chapter.
All unlawful conduct set forth in this section shall constitute a violation.
The Town or any other person collecting solid waste generated within this Town may refuse to collect solid waste from any person who has failed to source-separate recyclables designated under an applicable section of this chapter, and the Town may refuse to accept solid waste containing recyclables designated under an applicable section of this chapter at any solid waste disposal facility owned or operated by the Town.
Nothing contained in this chapter shall be construed to interfere with or in any way modify the provisions of any existing contract in force in the Town on the effective date of this chapter.
No renewal of any existing contract upon the expiration of the original term thereof and no new contract for the collection, transportation, processing or purchase of solid waste or recyclables shall be entered into after the effective date of this chapter unless renewal of such contract shall conform to the requirements of this chapter.
Any person who engages in unlawful conduct, as defined in this chapter, may, upon conviction thereof in a proceeding before a court of competent jurisdiction, be deemed guilty of a misdemeanor punishable by a fine not to exceed $500 and not less than $100.
Each continuing day of violation of this chapter shall constitute a separate offense.
In addition to any other remedy provided in this chapter, the Town may institute a suit in equity where unlawful conduct exists as defined in this chapter for an injunction to restrain a violation of this chapter.
The penalties and remedies prescribed by this chapter shall be deemed concurrent. The existence or exercise of any remedy shall not prevent this Town from exercising any other remedy provided by this chapter or otherwise provided at law or equity.
The terms and provisions of this chapter are to be liberally construed, so as best to achieve and effectuate the goals and purposes hereof.
The Town Board shall have the power to hear and decide appeals and requests for variances from the requirements of this chapter upon its determination, in its absolute legislative discretion, where such variance or modification is appropriate so as not to cause undue hardship. The Town Board upon receiving any application for such variance or modification shall place the application on the next agenda of the Town Board for a determination.