[HISTORY: Adopted by the Town Board of the
Town of Brookhaven 11-15-1988 by L.L. No. 27-1988. Amendments noted
where applicable.]
This chapter shall be known as the "Town of
Brookhaven Recycling Law."
The Town Board of the Town of Brookhaven 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, cans, plastic
containers, vegetative yard waste and other materials for recycling
from the residential, commercial, industrial and institutional establishments
in the Town will protect and enhance the Town's physical and visual
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 Long Island Landfill Law, codified in New York State Environmental
Conservation Law § 27-0704, ensuring conformance with the
New York State Solid Waste Management Plan and 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 or 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.
The Commissioner of the Department of Recycling and Sustainable
Materials Management.
[Amended 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017]
The Town of Brookhaven Department of Recycling and Sustainable
Materials Management.
[Amended 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017]
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, 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.
A refuse and garbage district within the Town established,
consolidated or extended under Article 3-A, Article 12 and/or Article
12-A of the New York Town Law or such other laws governing the establishment
of improvement districts, and shall include, without limitation, the
Town-Wide Brookhaven Refuse and Recycling Improvement District.
All clear (flint), green and brown (amber) colored glass
containers, crystal, ceramics and plate, window, laminated, or mirrored
glass, but shall not mean wired glass.
A solid waste, or a combination of solid wastes, which, because
of its quantity, concentration or physical, chemical or infectious
characteristics, may cause or significantly contribute to an increase
in mortality or an increase in serious irreversible or incapacitating
reversible illness; or pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported or disposed of or otherwise managed. Such materials or
wastes shall include, but are not limited to, explosives, hazardous
radioactive materials, toxic substances and those substances which
the Commissioner has identified as a hazardous waste pursuant to the
above criteria and has included on a list of hazardous waste promulgated
by the Department of Recycling and Sustainable Materials Management.
[Amended 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017]
Four or more residential units located on a single property
or continuous properties under common ownership, control or management.
For this purpose, "residential unit" shall mean an enclosed space
consisting of one or more rooms designed for use as a separate residence,
and shall include, but not be limited to, an apartment, condominium
unit, townhouse cooperative unit, mobile home, living unit in a group
home and room or set of rooms in a boardinghouse, but shall not include
rooms within a single-family residence, motel or hotel.
Includes newsprint and all newspapers and newspaper advertisements,
supplements, comics and enclosures.
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.
Any individual, firm, partnership, company, corporation,
association, joint venture, cooperative enterprise, trust, municipality,
other governmental agency or any other entity or any group of such
persons which is recognized by law as the subject of rights and duties.
In any provisions of this chapter prescribing a fine, penalty or imprisonment,
the term "person" shall include the officers, directors, partners,
managers or persons in charge of a company, corporation or other legal
entity having officers, directors, partners, managers or other persons
in charge.
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 products.
Any facility designed and operated solely for the receiving
and storing of source-separated designated recyclable materials.
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 Brookhaven located within the County of Suffolk,
State of New York.
The Town Board of the Town of Brookhaven.
Organic yard and garden waste, leaves, grass clippings and
brush.
A.
Upon the effective date of this chapter, there is established within existing garbage districts in the Town a program ("curbside program") for separate collection of newspaper from all non-physically-disabled residents of the districts. Said curbside program shall apply to multiresidential complexes in accordance with § 46-7 of this chapter and to commercial, industrial and institutional establishments in accordance with § 46-9 of this chapter.
B.
Collection of newspaper pursuant to the curbside program
established by this section shall be made once each week. Collection
shall occur in accordance with a schedule advertised by the Town.
C.
The curbside program established pursuant to this
section shall apply to any new garbage district in the Town immediately
upon the formation of such district and shall also be applied to other
geographic areas within the Town designated by resolution of the Town
Board at all times 30 days after enactment of the resolution and publication
of notice in a newspaper of general circulation within the Town.
D.
Expansion of program.
(1)
The Town Board, by resolution, may expand the curbside
program to include, in addition to newspaper, 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. Said expanded curbside program shall apply to multiresidential complexes in accordance with § 46-7 of this chapter and to commercial, industrial and institutional establishments in accordance with § 46-9 of this chapter.
E.
Collection of designated recyclable materials added to the curbside program pursuant to Subsection D above shall be made once each week. Collection shall occur in accordance with a schedule advertised by the Town.
F.
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 newspaper and other designated recyclables and, in the manner designated by the Commissioner pursuant to § 46-6 of 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.
All designated recyclables placed at the roadside, or other location, by residents for collection pursuant to § 46-5 of this chapter shall be prepared for collection in accordance with regulations promulgated by the Commissioner.
A.
In any garbage district or area designated by the Town Board subject to a curbside program established pursuant to § 46-5 of this chapter, there is also established a program ("private collection program") for the source separation, collection and delivery of newspaper and any other designated recyclable material included in the curbside program from all non-physically-disabled residents of multiresidential complexes.
B.
The owner, manager or superintendent of every multiresidential complex subject to Subsection A above shall provide and maintain, in a neat and sanitary condition, recycling collection areas to receive newspaper and other designated recyclables included in the curbside program which are generated by residents of the complex. In cases where a condominium, cooperative, homeowners' or similar association exists, the association shall be responsible for provision and maintenance of the recycling collection areas. Said recycling collection areas shall be constructed and capable of receiving newspaper within 180 days of the establishment of the curbside program and any and all other designated recyclables as may be included in or added to the curbside program within 180 days of such inclusion or in addition to the curbside program.
C.
Once the recycling collection area for a particular
multiresidential complex has been constructed and is capable of receiving
newspaper and other designated recyclables as may be included in or
added to the curbside program, all non-physically-disabled residents
of such complex shall source separate such materials by placing them
in the appropriate containers or areas within the collection area.
D.
The owner, manager or superintendent of each multiresidential complex subject to Subsection A above shall arrange for the collection for recycling of newspaper and other designated recyclables from the recycling collection areas.
E.
The number and design of the recycling collection
areas required by this section for each multiresidential complex shall
be consistent with guidelines provided by the Commissioner.
Designated recyclables required to be placed in recycling collection areas pursuant to § 46-7 of this chapter shall be prepared for collection in accordance with regulations promulgated by the Commissioner.
A.
All commercial, industrial and institutional establishments within a garbage district or an area of the Town subject to a curbside program established pursuant to § 46-5 of this chapter shall source separate and arrange for the collection for recycling of: newspaper within 180 days of the establishment of the curbside program and any and all other designated recyclables as may be included in or added to such curbside program within 180 days of such inclusion in or addition to the curbside program.
B.
Designated recyclables for the mandatory commercial,
industrial and institutional source separation program may consist
of the following materials:
(1)
Newspaper.
(2)
High-grade paper, including but not limited to white
letterhead paper, white bond paper, white typing paper, white copier
paper, white notepad paper, white writing paper, white envelopes without
glassine windows, other nonglossy white office paper without plastic,
computer printout paper, computer tab cards and white onion skin paper.
(3)
Corrugated cardboard.
(4)
Glass containers, plastic containers and cans generated
by food and beverage service establishments;
(5)
Vegetative yard waste.
(6)
Other recyclable materials as designated by resolution
of the Town Board at all times 30 days after said designation and
publication of notice in an official newspaper of the Town or a newspaper
of general circulation within the Town.
C.
The arrangement for collection of designated recyclables
for disposition hereunder shall be the responsibility of the person
who owns, manages or operates the commercial, industrial or institutional
establishment at which the recyclables are generated ("generator")
or the person contractually obligated to the generator to arrange
for collection and disposal of its solid waste. Said arrangements
may include, without limitation, direct marketing of recyclables,
contracts with permitted solid waste collector/haulers for separate
collection of any or all designated recyclables, contracts with other
persons for separate collection of any or all designated recyclables
or direct delivery to a designated processing facility.
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.
[Amended 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017]
The Department of Recycling and Sustainable
Materials Management is authorized to enforce the provisions of this
chapter and to administer the recycling programs established herein.
The Commissioner of said Department 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 of the Commissioner of the Department
of Recycling and Sustainable Materials Management.
[Amended 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017]
(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, Department of Recycling and Sustainable Materials
Management employees or any other authorized persons in the performance
of any duty under this chapter or in the enforcement of this chapter.
[Amended 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017]
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 clearly 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 sentenced to imprisonment for
a term not to exceed 15 days or to a term of community service related
to the purposes of this chapter or to pay a fine of not more than
$500 and not less than $25, or any combination of the above penalties.
[Amended 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017]
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 or 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 provisions of this chapter are severable.
If any provision of this chapter or its application to any person
or circumstances is held invalid, said invalidity shall not affect
any other provision or application of this chapter which can be given
effect without the invalid provision or application of the chapter.
All provisions of any other chapter or ordinance
which are inconsistent with the provisions of this chapter are hereby
repealed.
This chapter shall become effective January
1, 1989.
