[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.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 115.
This chapter shall be known and cited as the "Recycling Law of the Town
of North Salem."
A.
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:
(1)
Minimizing the potential adverse effects of landfilling
through reduction of the need for landfills and conservation of existing landfill
capacity.
(2)
Facilitating the implementation and operation of other
forms of solid waste management.
(3)
Conserving natural resources.
(4)
Assisting the Town in complying with the mandates of
the laws of the State of New York.
(5)
Facilitating the development and implementation of a
solid waste management plan for the Town.
B.
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.
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.
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.
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.
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.
Any facility designed and operated solely for the receiving and storing
of source-separated designated recyclable materials.
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.
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.
The Town Board of the Town of North Salem.
Organic yard and garden waste, leaves, grass clippings and brush.
A.
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.
B.
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.
C.
Expansion.
(1)
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:
(2)
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.
D.
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.
E.
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.
F.
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.
A.
It shall be unlawful for:
(1)
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.
(2)
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.
(3)
Any person to place or to cause to be placed any material
other than a designated recyclable in or near a recycling collection area.
(4)
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
Each continuing day of violation of this chapter shall
constitute a separate offense.
A.
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.
B.
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.
