[Adopted 4-22-1991 by L.L. No. 2-1991]
This article shall be known as the "Village
of Haverstraw Recycling Law."
The Board of Trustees of the Village of Haverstraw
finds that the reduction of the amount of solid waste and the conservation
of recyclable materials are important public concerns. Separation
and collection of newspaper, office paper, corrugated cardboard, glass,
tin/aluminum, plastic containers, whiteware, batteries, magazines,
tires, leaves and motor oil for recycling from the residential, commercial,
industrial and institutional establishments in the village will protect
and enhance the village's physical and visual environment as well
as promote the health, safety and well-being of persons and property
within the village 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 village in complying with the mandates of
the New York State Environmental Conservation Law, 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 village. 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.
As used in this article, the following definitions
shall apply:
The Board of Trustees of the Village of Haverstraw.
All corrugated cardboard normally used for the packing, mailing
or shipping of containerized 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 article and/or
by resolution of the Board of Trustees pursuant to this article to
be source-separated. The term includes, but is not limited to, newspaper,
glass, office paper, cardboard, plastic containers, leaves, whiteware,
tin/aluminum, batteries, magazines, tires and motor oil.
The transportation, placement or arrangement for transportation
or placement of designated recyclable materials for all possible end
uses.
Putrescible animal and/or vegetable wastes resulting from
the handling, preparation, cooking and consumption of food.
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 village has identified as a hazardous waste pursuant to the above
criteria and has included on a list of hazardous waste promulgated
by the New York State Department of Environmental Conservation.
Three 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/or 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, photocopying 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 article 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 Board of Trustees
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.
Any person residing within the village 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, wire, 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, sludge, 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.
Containers comprised of aluminum, tin or steel or a combination
thereof, which contain or formerly contained only food and/or beverage
substances.
The Village of Haverstraw located within the County of Rockland,
State of New York.
A.
Upon the effective date of this article, there is
established within the existing boundaries of the incorporated Village
of Haverstraw a curbside program for separate collection of newspaper.
B.
Collection of newspaper pursuant to the curbside program
established by this section shall be made.
C.
All residents of the incorporated village shall, upon
the applicable effective date of this article, source-separate newspaper
in the manner designated by the Board of Trustees and 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.
Designated recyclables shall be placed in recycling
collection areas as designated by the Board of Trustees. Such recyclables
shall be prepared for collection in accordance with this article and
any and all rules and regulations as set forth by the Board of Trustees.
A.
All commercial, industrial and institutional establishments
within the Incorporated Village of Haverstraw shall source-separate
and arrange for the deposit for recycling of:
(1)
Newspapers.
(2)
Motor oil.
(3)
Tires, both automobile and truck.
(4)
Whiteware.
(5)
Corrugated cardboard (nonresidential only).
(6)
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 onionskin paper.
(7)
Plastics (to become a recyclable on January 1, 1992).
(8)
Magazines.
(9)
Tin.
(10)
Aluminum.
(11)
Batteries.
(12)
Clear glass containers.
(13)
Colored glass containers.
(14)
Leaves.
B.
The arrangement for disposition of designated recyclables
shall be the responsibility of the commercial, industrial and/or institutional
establishments and individual homeowners who have generated the recyclables.
A.
All owners or managers, or their representatives,
of multiresidential complexes shall establish a recycling program
for their individual complex. Said recycling program shall be in accordance
with the terms of this article.
B.
The owner or manager, or his representative, of every multiresidential complex in the Village of Haverstraw shall provide and maintain, in a neat and sanitary condition, recycling collection areas to receive all of the recyclables set forth in § 191-14 of this article. Such collection areas must be in place by the commencement date of this article.
C.
Once the recycling collection area for a particular
multiresidential complex has been constructed, all residents of such
complex shall source-separate all recyclables by placing them in the
appropriate containers within the collection area.
D.
The owner or manager, or his representative, of each
multiresidential complex shall arrange with the Village of Haverstraw
Highway Department for the collection of the recyclables from the
collection areas.
E.
The recycling program and collection areas for each
multiresidential complex must be consistent with the guidelines set
forth herein.
The Village of Haverstraw Sanitation Commission
is authorized to enforce the provisions of this article and to administer
the recycling programs established herein. The Village of Haverstraw
Sanitation Commission may adopt and promulgate, amend and repeal rules
and regulations implementing this article in order to carry out and
enforce the intent and purposes thereof.
The village or any other person collecting solid
waste generated within the village may refuse to collect solid waste
from any person who has clearly failed to source-separate recyclables
designated under an applicable section of this article, and the village
may refuse to accept solid waste containing recyclables designated
under an applicable section of this article at any solid waste disposal
facility owned or operated by the village.
A.
It shall be unlawful for:
(1)
Any person to violate or to cause to assist in the
violation of any provision of this article or any implementing rule
or regulation promulgated by the Village of Haverstraw Sanitation
Commission.
(2)
Any person to place or to cause to be placed any material
other than a designated recyclable in or near a recycling collection
area.
(3)
Any person to hinder, obstruct, prevent or interfere
with this village, its employees or any other authorized persons in
the enforcement of this article.
B.
All unlawful conduct set forth in this section shall
constitute a violation.
A.
Nothing contained in this article shall be construed
to interfere with or in any way modify the provisions of any existing
contract in force in the village on the effective date of this article.
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 article unless
the renewal of such contract shall conform to the requirements of
this article.
A.
The refuse collector shall not pick up any refuse
which contains recyclable items and shall report such findings to
the Village of Haverstraw Sanitation Commission.
B.
Any person, association, organization, corporation,
company or business entity who engages in unlawful conduct, as defined
in this article, may, upon conviction thereof, be sentenced to a term
of community service related to the purposes of this article, or to
pay a fine of not more than $250 and not less than $100, or any combination
of these penalties; which charge, under this article, shall be a petty
offense or infraction, and not a crime.
[Amended 10-17-2022 by L.L. No. 3-2022]
C.
The continuation or repeat of a violation of, or failure
to comply with, any provision of this article shall constitute, for
each occurrence that transpires or each day on which the violation
continues, a separate and distinct charge hereunder.
[Amended 10-17-2022 by L.L. No. 3-2022]
A.
In addition to any other remedy provided in this article,
the village may institute a suit in equity where unlawful conduct
exists as defined in this article for an injunction to restrain a
violation of this article.
B.
The penalties and remedies prescribed by this article
shall be deemed concurrent. The existence or exercise of any remedy
shall not prevent the village from exercising any other remedy provided
by this article or otherwise provided at law or equity.
The terms and provisions of this article are
to be liberally construed so as best to achieve and effectuate the
goals and purposes hereof.
