[Adopted 12-15-1989 by L.L. No. 3-1989; 11-20-2017 by L.L. No. 5-2017]
A.
The Board of Trustees of the Incorporated Village of Upper Brookville
hereby determines that there is a significant amount of recyclable
material present in the solid waste generated in the Village that
could be removed by either its residents or the residents' carter.
The recovery and reuse of such recyclable material will reduce the
amount of solid waste conventionally disposed of by providing an environmentally
acceptable disposal alternative. Recycling will reduce the demand
for increasingly unavailable landfill areas and protect the health,
safety and welfare of its residents by promoting prudent disposal
programs essential for the protection of the environment.
B.
The Board of Trustees has determined that the separation of designated
recyclables from the solid waste stream generated within the Village
will foster maximum environmental and economic benefits with the minimum
inconvenience to its residents and property owners. The Board of Trustees
has further determined that an integral element of this recycling
program shall be the reservation of the authority to adopt appropriate
rules and regulations, including the right to designate or delete
the type of material which shall be recycled, the manner, means and
method of separation, the method of storage, collection and disposal
of recyclables and the prohibition of certain designated materials.
C.
This article shall be construed to regulate the separation and disposal
of recyclable materials in accordance with and pursuant to the New
York State Solid Waste Management Plan as currently enacted and as
hereafter amended and shall be liberally construed to effectuate the
purposes set forth herein.
The following words and terms shall have the following meanings:
All other solid waste generated by the Village other than
prohibited materials.
Any individual, firm, corporation, association or partnership.
Materials that contain hazardous or toxic substances or that
are not suitable for residential disposal and which will not be collected
or permitted to be placed in recyclable containers as set forth in
the rules and regulations.
Discarded solid waste material which may be reclaimed and
is in the form of paper, glass, metals and plastics.
Specific types of recyclable materials as shall be designated
by the Board of Trustees pursuant to rules and regulations adopted
hereunder.
Rules and regulations which are duly adopted by the Board
of Trustees at a public meeting.
A system of collecting and then separating a commingled mixture
of recyclables and other collected solid waste, which separation of
recyclables is performed by a licensed carter at a New York State
approved facility.
The segregation and collection of recyclables by a resident
from other solid waste at the point of generation.
A.
The owner, lessee or occupant of every dwelling within the Village
shall separate and dispose of recyclables as follows: single-stream
recycling or source separation in accordance with the following regulations:
(1)
Prior to collection, all recyclables shall be processed and cleaned,
with all contents removed, in accordance with the rules and regulations.
(2)
Recyclables shall be placed in an approved color-coded container
which has been designated for the particular recyclable group. Recyclables
shall not be stored or mixed in the same container with other forms
of solid waste.
(3)
Newsprint shall be bundled and securely tied with a string or placed
in a brown paper bag.
(4)
Recyclables shall be collected on a periodic basis and properly disposed
of at a suitable processing center.
B.
Every carter in the Village must provide for the proper disposal
of all recyclables collected from Village residents, whether single-stream
recycled or source-separated.
The schedule and applicable procedures for the collection of
recyclables by carters shall be provided, in writing, to each property
owner in the Village who is serviced by said carter. Prior to collection,
all recyclables shall be processed and cleaned, with all contents
removed, in accordance with the rules and regulations.
A.
It shall be unlawful and a violation of this article for any person
to:
(1)
For residents that elect source separation, to permit or allow or
knowingly fail to separate and prep all recyclables for collection
in accordance with the provisions of this article. After providing
five days' written notice sent certified mail, return receipt
requested, to the occupant of a dwelling, a private carter or the
municipality may refuse to collect said solid waste from any dwelling
where a violation of this article exists;
(2)
Collect or cause to be collected recyclables which are in violation
of this article; or
(3)
Permit or allow or cause to occur a violation of any rules and regulations
promulgated hereunder and duly adopted by resolution of the Board
of Trustees.
B.
Presumption. Any property owner upon whose land solid waste is left
for collection or storage in such a manner as to be in violation of
this article shall be deemed and presumed to be the person who shall
have placed or deposited such solid waste on the property.
A.
Any person found to violate any provision of this article or rules
and regulations promulgated hereunder shall be guilty of a violation
pursuant to the Penal Law of the State of New York, punishable by
a fine not exceeding $250 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment. Each day that such
violation exists shall constitute a separate offense.
B.
The Board of Trustees is further authorized, upon written notice
mailed to the property owner at the owner's last known address,
as shown in the Village records, to direct the removal of solid waste
in violation of this article. The cost of said removal, together with
interest, shall become a special assessment on the property where
the material is removed, collectible with the next tax bill due. This
remedy is in addition to all other remedies available to the Village
to remedy the violation.
It shall be the duty of the Village Building Inspector, Code
Enforcement Officer, Police Department and any other individual designated
by the Board of Trustees and they shall have the power, right and
authority to enforce the provisions of this article and issue appearance
tickets for violations.
The Board of Trustees is empowered and authorized to promulgate
and establish, by resolution, any rules and regulations which are
necessary and proper to implement and administer the provisions of
this article.
