[HISTORY: Adopted by the Town Board of the Town of Hague as indicated
in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Dumps — See Ch. 91.
[Adopted 3-12-1991 by L.L. No. 1-1991]
This article shall be known as the "Recycling - Source Separation Law
of the Town of Hague."
A.
The Town Board of the Town of Hague finds that a reduction
of solid waste through separation and removal of recyclable materials from
the waste stream is of importance to the health, safety and general welfare
of the residents of the Town of Hague, County of Warren, and is consistent
with the goals of the New York State Solid Waste Management Plan to reduce
the amount of solid waste generated, and to reuse or recycle materials and
conserve our precious natural resources.
B.
Waste reduction and recycling are preferable to the disposal
and processing of solid waste. Removing recyclable materials from the waste
stream will decrease the flow of solid waste to the town's landfill and
transfer station, aid in the conservation and recovery of valuable resources
and conserve energy in the manufacturing process.
C.
It is the intent of this article to promote the disposal
of solid waste generated within the Town of Hague in the most environmentally
acceptable manner possible by requiring the recovery of all recyclable materials
which can be marketed or used for secondary purposes.
D.
In addition, this article seeks to provide for the education
of the citizens of the town with respect to the economic and environmental
values of recycling and waste reduction and the encouragement of participation
in such activities.
As used in this article, the following terms shall have the meanings
indicated:
Businesses, including without limitation retail stores, banks and
financial institutions, business and professional offices, personal service
establishments, hotels, motels, campsites and other tourist accommodations,
tourist attractions, mortuaries and funeral homes, restaurants, pet shops,
veterinary establishments, medical offices, automobile sales establishments,
gasoline stations, car washes and agricultural endeavors and any other business
endeavors not specifically stated herein.
The person appointed by the Town Board to administer and supervise
the town's recycling and solid waste management program.
Any area designated from time to time by the Director where persons
can bring recyclables for aggregation and further transport to a solid waste
management facility.
The practice whereby solid waste, including separated recyclables,
generated by the residential sector is placed at or near the roadside or other
appropriate location at residential property to be picked up by a commercial
hauler for transportation to a solid waste management facility.
Establishments primarily concerned with manufacturing or other substantial
physical or chemical materials processing operations, including without limitation
manufacturing establishments, warehouses, wholesale distributors, freight
and trucking terminals and heavy machinery sales, service and repairs.
Public, charitable and similar establishments, including schools,
churches, hospitals, psychiatric centers, government offices and garages,
and nursing homes.
The following materials: newsprint, except newsprint on glossy paper; clear, green and brown glass containers; tin cans; aluminum; copper; brass; stainless steel; corrugated cardboard; high-density polyethylene (HDPE) plastic containers; motor vehicle batteries; household or any other type of batteries; motor vehicle tires; and scrap metal, including miscellaneous iron, steel and white metals (appliances); and waste oil. The Director may modify this definition at his or her discretion in accordance with § 142-4A(4) hereof and subject to Town Board approval.
Single- and multiple-family residences, boardinghouses, dormitories,
mobile home parks, seasonal residences and camps.
A.
Generally.
(1)
It shall be a violation of this article for any person
to dispose of recyclables otherwise than as provided by this article.
(2)
All persons shall separate recyclables from other solid
waste when preparing them for transportation, collection, pickup or removal
by placing recyclables in one or more separate containers in accordance with
rules adopted by the Town Board. It shall be a violation of this article for
any person to place for collection or delivery to a dropoff area or a solid
waste management facility a container which contains recyclables mixed with
other solid waste.
(3)
Recyclables delivered to a dropoff area or a solid waste
management facility shall be prepared in accordance with all rules adopted
and promulgated by the Town Board, which shall be filed with the Town Clerk.
Rules for preparation may include but shall not be limited to:
(a)
Removal of glossy inserts and wet or damp materials from
newsprint.
(b)
Washing and flattening of metal containers.
(c)
Washing and flattening of, and removal of caps, lids
and metal or plastic neck bands from, plastic containers.
(d)
Washing of, and removal of caps, lids and metal or plastic
neck bands from, glass containers.
(e)
Removal of broken glass.
(f)
Placement in designated or properly labeled containers.
(g)
Sorting of different categories of recyclables.
(h)
Use of clear plastic bags for delivery of recyclables
to a dropoff area or solid waste management facility.
(4)
The Director may from time to time determine that certain
materials contained in solid waste generated or brought within the town are
recyclables or that certain materials included or hereafter included in this
article's definition of recyclables are no longer recyclable. Upon any
such determination, the Director shall submit a written report to the Town
Board recommending that such materials be added to or deleted from the definition
of recyclables and providing the reasons and data supporting such inclusion
or deletion.
B.
Procedures for residential sector. Persons in the residential
sector shall dispose of recyclables by delivering recyclables, properly separated
and prepared, to a solid waste management facility or to any dropoff area
which the Director may designate, or by arranging for pickup of separated
recyclables by a commercial hauler.
C.
Procedures for the commercial, industrial and institutional
sectors.
(1)
Persons in the commercial, industrial and institutional
sectors shall dispose of recyclables by delivering recyclables, properly separated
and prepared, to a solid waste management facility duly designated pursuant
to this article or by arranging for pickup of separated recyclables by a commercial
hauler.
(2)
Although all persons from the commercial, industrial
or institutional sectors must separate recyclables from other solid waste
in accordance with the general provisions of this article, they need not deliver
or make arrangements with a commercial hauler to deliver such recyclables
to a duly designated solid waste management facility in the following circumstances:
(a)
They have access to markets for recyclables and actually
deliver or cause to be delivered recyclables to such markets on a regular
basis;
(b)
They file on an annual basis an application for exemption with the Director, which application shall set forth on a prescribed form all information or facts justifying exemption from the provisions of Subsection C(1) above and which shall include copies of all pertinent documentation of access and actual delivery, such as contracts, receipts, bills of lading, affidavits, letters of intention or other suitable records indicating the facts justifying exemption; and
(c)
They obtain written approval of the exemption from the
Director, which approval shall not be unreasonably withheld or delayed.
D.
Disposal of collected recyclables by commercial haulers.
(1)
Commercial haulers engaged in collecting recyclables
generated within the town by the residential, commercial, industrial or institutional
sectors or who dispose of wastes in the town's solid waste management
facility shall keep recyclables separated from other solid wastes, shall handle
recyclables in such a manner that they are not contaminated or destroyed and
shall deliver recyclables only to a solid waste management facility duly designated
pursuant to this article.
(2)
Commercial haulers need not deliver collected recyclables
from the commercial, industrial or institutional sectors to a duly designated
solid waste management facility in the following circumstances:
(a)
The recyclables collected are not within the category
of recyclables which the town and/or commercial hauler are required to deliver
to the county resource recovery facility pursuant to any law or regulation
which may be enacted by Warren County;
(b)
They have access to markets for recyclables and actually
deliver or cause to be delivered recyclables to such markets on a regular
basis;
(c)
They file on an annual basis an application for exemption with the Director, which application shall set forth on a prescribed form all information or facts justifying exemption from the provisions of Subsection D(1) above and which shall include copies of all pertinent documentation of access and actual delivery with contracts, receipts, bills of lading, affidavits, letters of intention or other suitable records indicating the facts justifying exemption; and
(d)
They obtain written approval of the exemption from the
Director, which approval shall not be unreasonably withheld or delayed.
(3)
It shall be a violation of this article for any commercial
hauler to collect, handle or dispose of recyclables otherwise than as provided
by this subsection.
It shall be a violation of this article for any person without authority
of the town to collect, pick up, remove or cause to be collected, picked up
or removed any recyclables placed for collection at a dropoff area. Each such
unauthorized collection, pickup or removal from a dropoff area shall constitute
a separate and distinct violation of this article.
A.
The Town Board shall have the power to adopt and promulgate,
amend and repeal such rules and regulations as may be recommended by the Director
and which, in its discretion, are necessary or desirable to carry out, interpret
and enforce the intent and purposes of this article. Notwithstanding this
power, any failure to adopt and promulgate such rules and regulations shall
not impair the enforceability of this article.
B.
The Director may develop, subject to Town Board approval,
a comprehensive, innovative and effective public education program concerning
the requirements of this article and any amendments, the overall value of
recycling and waste reduction and any related public programs.
A.
The Director and any other person designated by the Town
Board shall be authorized to inspect solid waste left for collection, loads
of solid waste being transported within the Town of Hague and solid waste
being disposed of at any duly designated dropoff area or solid waste management
facility in the town for the purpose of determining if any person has failed
to comply with the provisions of any section of this article.
B.
The Director and any other person designated by the Town
Board shall be authorized to turn away and deny access to any person delivering
a mixed load of solid waste which includes or contains recyclable materials
to a duly designated solid waste facility in the town.
C.
Each commission of a single act of violation shall constitute
a separate violation of this article and each day of such violation shall
constitute a separate offense, which may be punished and prosecuted as such.
E.
For purposes of establishing the applicable fine pursuant to Subsection D above, a violation of this article by members of a family; employees or agents of any entity within the commercial, industrial or institutional sectors or of any commercial hauler; or residents of a hotel, motel or other tourist accommodation shall be considered to be a violation by the family, the commercial, industrial or institutional entity, the commercial hauler or the owner of the hotel, motel or other tourist accommodation, rather than by the individual actually committing the violation.
