[HISTORY: Adopted by the Town Board of the Town of Rhinebeck 3-9-1992
as L.L. No. 1-1992. Amendments noted where applicable.]
Whereas the Town Board recognizes that a sound solid waste management
program is of importance to the economic welfare and long-range preservation
of the health, safety and well-being of the residents of Rhinebeck and whereas
the conservation, recovery and reuse of recyclable materials is now a necessity
in order to conserve natural resources, reduce the impact of the ever-increasing
cost of solid waste disposal, ensure safe processing of solid waste, maximally
reduce the quantity of solid waste that must be disposed of and preserve capacity
at solid waste management/resource recovery facilities and whereas it is the
intent of the Town of Rhinebeck to establish a comprehensive solid waste management
plan in the Town, it is the purpose of this chapter of the Code of the Town
of Rhinebeck to regulate, as a proper governmental function, the disposal
of all solid wastes, including separated recyclables, by all persons within
the municipality.
This chapter is adopted pursuant to § 10 of the Municipal
Home Rule Law (§ 2047-t, Subdivision 3, of the Public Authorities
Law).
As used in this chapter, the following terms shall have the following
meanings:
Uncontaminated aluminum packaging, such as pie plates and frozen
dinner trays.
Items smaller than furniture but too large to dispose of in a garbage
bag. Examples include a stroller, suitcase, clothes basket, child's swimming
pool or mirrors.
Containers comprised of aluminum, tin, steel or a combination thereof
which 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 excluding plastic,
foam or wax-coated or soiled cardboard.
Businesses operated for profit, including manufacturing, wholesale
and retail establishments.
Source-separated, nonputrescible, noncontaminated recyclable materials
that have been placed in the same container.
Bond paper specially manufactured for computer printouts.
Uncontaminated solid waste resulting from the construction, remodeling,
repair and demolition of structures and roads.
Items normally used in a home which equip it for living, excluding
appliances and including but not limited to chairs, tables, sofas, beds and
carpets.
Putrescible waste incident to and resulting from the use, preparation,
cooking and consumption of food.
Only clear, green and brown jars and bottles, both transparent and
translucent, made from silica or sand, soda ash and limestone.
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, radioactive materials,
toxic substances and those substances which the state has identified as hazardous
wastes pursuant to the above criteria and has included on a list of hazardous
wastes promulgated by the Department of Environmental Conservation. Examples
of "hazardous waste" include motor lubricants, antifreeze, pesticides, toxic
cleaners and polishes, paints and varnishes.
Any not-for-profit business establishment.
Any motorized vehicle no longer operable or capable of being made
operable.
All paper-covered, coated-paper periodical publications, including
catalogs.
Large and/or bulky household appliances (refrigerators, washers,
dryers, stoves, etc.) ordinarily operated by gas or electricity.
The Town of Rhinebeck.
All uncontaminated paper commonly referred to as newsprint, and shall
include all supplements and comics but exclude all glossy inserts.
All white bond paper, including stationery, photocopy and ledger
from commercial and institutional waste generators but excluding computer
paper.
Any natural person, individual, partnership, copartnership, association,
owner or manager of a business, commercial or industrial establishment, joint
venture, corporation, trust, estate or any other legal entity inclusive of
a municipality or any other waste generator in the Town of Rhinebeck. The
term shall include any Village of Rhinebeck residents who choose to utilize
the Town of Rhinebeck facilities for the purpose of solid waste disposal.
All containers made from high-density polyethylene (HDPE) and polyethylene
terephthalate (PET), bearing the numbers two and one, respectively, within
the recycling arrows stamped on the container, or other polymers that may
be designated as recyclable materials in accordance with this chapter once
economic markets exist.
All materials which are by-products of production or utilized in
production by a commercial or industrial enterprise for which there is an
economic market.
Those materials specified by the municipality for collection and
reclamation in accordance with this chapter. Such materials may include but
shall not be limited to magazines, newspapers, plastics, food and beverage
cans and clean green glass, brown glass and clear glass containers. The list
of "recyclable materials" may be changed from time to time by the municipality.
Those who deal with recyclable materials as collectors, separators
and marketers. This definition shall include not-for-profit corporations and
charitable organizations which collect recyclables for fund-raising purposes.
Any process by which materials which would otherwise remain part
of solid waste are collected, separated or processed and returned to the economic
mainstream in the form of raw materials or products.
Any facility designed and operated for the receiving and storing
of acceptable separated recyclables.
All materials or substances discarded or rejected within the municipality
as being spent, useless, worthless or in excess to the owners at the time
of such discard or rejection.
The segregation of recyclable materials from the solid waste stream
at the point of generation for separate collection, sale or other disposition.
The State of New York.
The facility for the collection and transfer of recyclable materials
and other portions of the solid waste stream, specifically the Town of Rhinebeck
Transfer Station.
Grass clippings, leaves, garden debris, brush and cuttings from shrubs,
hedges and trees.
In addition to the recyclable materials defined in § 95-3 of this chapter, based on market availability, technology or other factors, the municipality is empowered to designate and alter the list of recyclable materials. (Said list shall include, but not be limited to, glass, magazines, newspapers, corrugated cardboard, metal food and beverage containers and PET and HDPE plastics.) Such designation or alteration shall be made in writing, published in the official newspapers of the municipality, and shall take effect 14 days after such publication.
A program is hereby established for the disposal of solid waste, including
separation of recyclable materials, within the municipality. All persons shall
separate recyclable materials from solid waste before either setting out solid
waste for collection pursuant to lawful procedure or disposing of it at an
authorized transfer station.
A.
The Town, from time to time, may modify rules and regulations specifying requirements for preparation of recyclable materials and solid waste within its jurisdiction. Such rules and regulations shall be promulgated in accordance with § 95-19 hereof. All persons shall prepare recyclable materials and solid waste in accordance with the rules and regulations of the municipality.
B.
All persons using the Rhinebeck Transfer Station must
separate recyclable materials and render them clean and uncontaminated prior
to disposal.
C.
For persons using private carters, all recyclable materials
shall be prepared and placed in a separate container or containers as required
by their private carters.
D.
Upon the effective date of this chapter, all persons
in the municipality shall separate recyclable materials for the purposes of
collection and recycling. Where permitted by the rules or regulations of the
municipality or private hauler, different types of recyclable materials may
be commingled.
E.
No person shall dispose of recyclable materials or solid
waste within the municipality except as directed by this chapter.
F.
This section does not prohibit any person from donating
recyclables to any other legally operating recycler.
Records reflecting the tons of recyclable materials and solid waste
collected shall be maintained by the municipality.
A.
Tires, auto batteries and major household appliances
shall be separated from solid waste.
B.
All tires must be without rims and doors must be removed
from refrigerators and freezers.
C.
Residents of the municipality may dispose of these items
at the transfer station for a fee to be established by the Rhinebeck Town
Board.
A.
All yard waste shall be separated from other solid waste.
It shall be unlawful to mix such material with other solid wastes for disposal
purposes.
B.
Individual residents of the municipality may dispose
of yard wastes at the transfer station.
C.
Brush must be prepared as directed by the municipality.
D.
Directions for the preparation of other yard wastes shall
be established as needed and posted at the transfer station.
E.
This section shall not prohibit private composting or
on — site disposal, in compliance with any existing law, of yard waste
by any individual or disposal of any yard waste or tree through a private
contractor.
All scrap metals shall be separated from other solid wastes and, when
so separated, shall be accepted for recycling at the transfer station. Fees,
if necessary, shall be established by the Town Board.
Motorized vehicles defined as junked under Town municipal law shall
not be accepted for disposal by the municipality. Legal disposal is available
through various local scrap dealers.
All furniture and other bulky items shall be separated from other solid
waste and, when so separated, shall be accepted for disposal at the transfer
station for a fee to be established by the Town Board. This section does not
prohibit donations of furniture or bulky items for reuse.
All construction and demolition debris shall be separated from other
solid waste and disposed of in accordance with County regulations. No provisions
for disposal of such debris shall be made by the municipality. Legal disposal
is available through various local private carting companies.
Paint, pesticides and other hazardous wastes must be separated from
other solid wastes and kept by the owner for disposal at special collections
designated by the municipality or County.
Any oils used in any engine must be separated from other solid wastes
and disposed of at a service facility accepting such oils.
It shall be unlawful for any person:
A.
Other than those persons authorized, to collect any recyclable
material which has been placed at the curb or roadside for collection or within
a recycling dropoff site pursuant to this chapter or to scavenge or remove
any articles from any containers.
B.
To violate or to assist in the violation of any provision
of this chapter.
C.
To place or to cause to be placed any material other
than recyclable material in or near a recycling dropoff.
D.
To hinder, to obstruct, to prevent or to interfere with
the municipality or any other authorized persons in the performance of any
duty under this chapter or in the enforcement of this chapter.
E.
To commingle any designated recyclable material with
solid waste for the purpose of disposal.
F.
To dispose of tires, auto batteries, scrap metals or
household appliances by any means except at the transfer station, through
a retail outlet or scrap processor or by other legal means.
G.
To dispose of solid waste items in any manner not prescribed
in this chapter.
A.
Any municipal solid waste employee shall have the right
to inspect any person's solid waste for compliance with this chapter
and to report violations to the appropriate law enforcement officer.
B.
Any person who violates this chapter shall be guilty
of an offense and subject to a fine. Conviction of a first offense provided
by this chapter shall be punishable by a maximum fine of $50 and, in addition,
anyone convicted of a first offense hereunder shall be liable to pay a civil
penalty of a maximum of $50. Conviction of a second offense within a year
of the first offense shall be punishable by a fine of a maximum of $100 and,
in addition, anyone convicted of a second offense hereunder shall be liable
to pay a civil penalty of a maximum of $100 and, in addition, anyone convicted
of a subsequent offense hereunder shall be liable to pay a civil penalty of
a maximum of $350. Community service may be substituted for fines at the discretion
of the Judge.
C.
Any person who violates this chapter may be subject to
a suspension or revocation of the disposing privileges provided by the municipality.
Reinstatement of privileges shall be at the discretion of the municipality.
D.
Every day that a violation continues after a notification
of the violation has been served upon the violator shall be deemed a separate
violation.
The municipality may from time to time promulgate rules and regulations
consistent with the provisions of this chapter in order to effect the purposes
thereof.
