Town of Ellicott, NY
Chautauqua County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Ellicott 8-19-1992 as L.L. No. 2-1992. Amendments noted where applicable.]

§ 115-1 Title.

This chapter shall be cited and may be referred to hereinafter as the "Mandatory Recycling Law of the Town of Ellicott."

§ 115-2 Findings; purpose.

A. 
Whereas the conservation of recyclable materials is now a necessity in order to conserve natural resources, and the cost of solid waste disposal is ever increasing, and available landfill facilities are rapidly decreasing, it is the intent of the Town Board of the Town of Ellicott to establish a program for the mandatory separation of recyclables from garbage and rubbish within the town. Such a program will reduce both the amount of solid waste to be disposed of and the cost of disposal. In addition, the separation, collection and sale of recyclable materials will reduce the financial burden of solid waste disposal.
B. 
This chapter of the Code of the Town of Ellicott shall regulate the separation of recyclables by generators of solid waste within the town.

§ 115-3 Word usage; definitions.

A. 
For the purposes of this chapter, certain words and phrases shall be construed herein as set forth in this section unless it is apparent from the context that a different meaning is intended. When not inconsistent with the context, the present tense shall include the future, and words used in the plural shall include the singular and vice versa. Further, a masculine pronoun shall include the feminine, and the feminine shall include the masculine. The word "shall" is always mandatory and not merely directory.
B. 
As used in this chapter, the following words shall have the meanings indicated:
BULK WASTE
An item of solid waste larger than two by two by four feet or heavier than 50 pounds.
CARDBOARD
A thick paperboard, including but not limited to corrugated boxes, cardboard cartons, pasteboard and similar corrugated materials.
CODE ENFORCEMENT OFFICER
The Building Inspector of the Town of Ellicott.
COMMERCIAL SECTOR
Those persons generating solid waste at businesses, including retail stores, banks and financial institutions, business and professional offices, personal service establishments, mortuaries and funeral homes, restaurants, taverns, hotels, motels, theaters, recreational establishments, pet shops and veterinary establishments, automobile sales establishments, gasoline stations, car washes and agricultural endeavors.
CURBSIDE COLLECTION
The practice whereby solid waste, including recyclables, is placed at or near the roadside, where it may be picked up by a hauler for transportation to a solid waste management - resource recovery facility
DISPOSAL FACILITY
Any solid waste management plant or site under contract or obligated to receive solid waste originating from within the Town of Ellicott.
DISPOSAL FEE
The fee charged by any disposal facility under contract with the Town of Ellicott.
DROPOFF AREA
Any area designated from time to time by the Town Supervisor or her designee (as hereinafter provided) where persons can bring recyclables for aggregation and further transport to a materials recovery facility.
HAULER
A contractor providing collection of solid waste or recyclables as a service in the town, under license issued by the Supervisor or her designee and subject to the rules and regulations and fee schedule of the Supervisor or her designee as provided for in § 115-5 of this chapter and any amendments thereto.
HAZARDOUS SUBSTANCE
Any material, natural or manufactured, which, by itself or in concentration with other like or dissimilar material, will contaminate to environmentally unsafe levels the atmosphere, soil or water, whether above or below the ground.
INDUSTRIAL SECTOR
Those persons generating solid waste at establishments primarily concerned with manufacturing or other substantial physical/chemical processing of materials, which operations result in strong or offensive odors, vibrations, excessive noise, smoke or dirt, or heavy truck traffic, including manufacturing establishments; warehouses and wholesale distributors; freight and trucking terminals; and heavy machinery sales, service and repairs.
INSTITUTIONAL SECTOR
Those persons generating solid waste at public, eleemosynary and similar establishments, including schools, churches, hospitals, psychiatric centers, government offices and garages and nursing homes.
MATERIALS RECOVERY FACILITY
A type of solid waste management — resource recovery facility, duly designated pursuant to this chapter, at which recyclables are aggregated and processed for eventual transportation to markets, where said materials can be beneficially reused or distributed for beneficial reuse.
NEWSPAPERS
A paper product printed on newsprint, including all newspapers, newspaper advertisements and comics. Not included in this definition are magazines, telephone books or other advertising material printed on glossy or slick papers, whether enclosed with the newspapers or not.
NONRESIDENCE
Any building or parcel of land not used as a residence or a multiple residence as defined in this section.
PERSON
Any individual, partnership, association, firm, corporation or any and all combinations of individuals acting in concert.
RECYCLABLES
That component of solid waste which the Town Supervisor or her designee shall from time to time determine (as hereinafter provided) may be reclaimed for further use. At a minimum, the following materials shall be considered recyclables: newspapers; unbroken glass containers; metals, including containers and large appliances ("white goods"); corrugated cardboard; and designated plastics (at the present time being those marked "1," "2," "3" and "5").
RECYCLING CENTER
Any combination of structures, machinery and facilities used for the off-loading of recyclables from collection vehicles, the processing of recyclables and the reloading of recyclables into vehicles for marketing.
RESIDENCE
A building or parcel of land having three or fewer dwelling units.
RESIDENT
A person residing in a residence.
RESIDENTIAL SECTOR
Those persons generating solid waste at single and multiple residences, boardinghouses, dormitories, mobile home parks, temporary residences and camps.
SOLID WASTE
Materials or substances discharged or rejected as being spent, useless, worthless or in excess by the owner at the time of such discard or rejection, except sewage and other highly diluted water-carried materials or substances and those in gaseous form. Such "waste" shall include, but is not limited to, garbage, sludge, rubbish, ashes, incinerator residue, street cleanings, dead animals, offal, abandoned vehicles, agricultural waste, industrial waste, commercial waste and construction and demolition debris.
SOLID WASTE SERVICE
The handling, removal, storage or disposal of solid waste, including but not limited to placing or removing containers for solid waste on or from sites within the town not owned by the person placing or removing the containers and transporting solid wastes from or to any of the locations within the town.
SUPERVISOR
The Town of Ellicott Supervisor.
TOWN
The unincorporated area of the Town of Ellicott.
TOWN BOARD
The Town Board of the Town of Ellicott.

§ 115-4 Handling of recyclables.

A. 
Generally.
(1) 
The Town Supervisor or her designee may from time to time determine that certain materials contained in solid waste generated or brought within the township are recyclables, which should be delivered only to a materials recovery facility or other suitable facility for eventual disposal or handling. In making such determination, the Supervisor or her designee shall have no power to delete any materials which the Town Board has included or shall hereafter include in this chapter's definition of "recyclables"; however, the Supervisor or her designee may delete any materials which she herself has previously determined to be recyclables. Additionally, the Supervisor or her designee shall give due consideration to the following factors in determining whether or not a material is recyclable:
(a) 
Whether a market exists for such material.
(b) 
Whether transportation to available markets is economically feasible.
(c) 
Whether costs of alternative handling (for example, landfilling or incineration) exceed the costs of recycling such material.
(d) 
Whether a materials recovery facility is available and properly equipped to handle such material.
(e) 
The ability of persons to separate such material from other solid waste.
(2) 
Any determination that a material is recyclable shall be in writing and filed with the Clerk of the Town and shall take effect on the 21st day after filing unless modified or rescinded by appropriate resolution of the Town Board.
(3) 
Except as may be hereinafter provided, recyclables generated or brought within the town shall not be accepted for disposal or handling at any solid waste management — resource recovery facility except at a materials recovery facility duly designated pursuant to this chapter.
(4) 
All persons shall separate recyclables from other solid waste when preparing the same for transportation, collection, pickup or removal. It shall be in violation of this chapter for any person to place for collection at a roadside, dropoff area or other proper collection area any container which contains recyclables mixed with other solid wastes. It shall be a violation of this chapter for any person to deliver to a solid waste management — resource recovery facility any load which contains recyclables mixed with other solid wastes.
(5) 
Recyclables delivered to a materials recovery facility shall be prepared in accordance with any lawful written directives of the Supervisor or her designee, which directives shall be filed with the Town Clerk. Such directives for preparation may include but shall not be limited to:
(a) 
Removal of glossy inserts or wet or damp materials from newspapers.
(b) 
Washing of glass and/or metal containers.
(c) 
Removal of caps, lids and metal or plastic neck bands from glass containers.
(d) 
Removal of broken glass.
(e) 
Placement in designated or properly labeled containers, where practical.
(f) 
Sorting into different categories of recyclables.
B. 
Procedures for residential sector. The following procedures shall apply to the residential sector:
(1) 
Wherever curbside collection is available from a commercial or municipal hauler, persons choosing to use such collection services shall place recyclables, properly separated, prepared and containerized, at the curbside.
(2) 
Haulers engaged in transporting solid waste generated or brought within the town by the residential sector shall make such arrangements as may be necessary to ensure that recyclables are collected from the residential sector on a periodic basis (no less than once per week and such that all types of recyclables are picked up at least monthly), that recyclables are kept separate from other solid wastes, that they are handled in such a manner that they are not contaminated or destroyed and that they are transported only to a materials recovery facility duly designated pursuant to this chapter.
(3) 
From the time that recyclables are placed for collection at the curbside for collection, such recyclables shall become the property of the town or its authorized agent. It shall be a violation of this chapter for any person without a license from the town to collect, pick up, remove or cause to be collected, picked up or removed any solid waste, including recyclables, placed for curbside collection. Each such collection, pickup or removal from the curbside shall constitute a separate and distinct offense in violation of this chapter. Notwithstanding anything to the contrary herein contained, ownership of such recyclables shall revert to the person separating such recyclables from solid waste, and to the person directing them to do so should such recyclables not be picked up by an authorized hauler within one week following its placement at curbside for collection.
(4) 
Wherever curbside collection is not available or where persons choose not to use such collection service, persons must bring or make arrangements to have brought recyclables, properly separated and prepared, to a materials recovery facility or to any dropoff area which the Supervisor or her designee may from time to time direct. It shall be a violation of this chapter for any person without authority of the town to collect, pick up, remove or cause to be collected, picked up or removed any solid waste, including recyclables, placed for collection at a dropoff area. Each such collection, pickup or removal from a dropoff area shall constitute a separate and distinct offense in violation of this chapter.
C. 
Procedures for the commercial, industrial and institutional sectors. The following procedures shall apply to the commercial, industrial and institutional sectors:
(1) 
Persons shall deliver or make arrangements with a commercial or municipal hauler to deliver recyclables, properly separated and prepared, to a materials recovery facility duly designated pursuant to this chapter.
(2) 
Haulers engaged in transporting solid waste generated or brought within the town by the commercial, industrial or institutional sectors shall make such arrangements as may be necessary to ensure that recyclables are collected periodically (not less than once per week and such that all types of recyclables are picked up at least monthly) from the commercial, industrial or institutional sectors, that recyclables are kept separate from other solid wastes, that they are handled in such a manner that they are not contaminated or destroyed and that they are transported only to a materials recovery facility duly designated pursuant to this chapter.
(3) 
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 chapter, they need not deliver or make arrangements with a hauler to deliver said recyclables to a materials recovery facility in the following circumstances:
(a) 
They have access to markets for recyclables; they actually deliver recyclables to such markets on a regular basis; and they can document both access and actual delivery with contracts, receipts, bills of lading, affidavits or other suitable records substantiating the facts evidencing such access and delivery and justifying the exemption as set forth below.
(b) 
They file on an annual basis an application for exemption with the Supervisor or her designee, which application shall set forth on a prescribed form all information or facts justifying exemption from the operation of Subsections A and B herein-above. They shall include copies of all pertinent documentation with such application.
(c) 
They obtain written approval of the exemption from the Supervisor or her designee, which approval shall not be unreasonably withheld or delayed.
D. 
The Town Board, by resolution, may determine that a material is a recyclable only for the residential sector, commercial sector, industrial sector or institutional sector or any combination thereof.

§ 115-5 Licensing of haulers.

The Supervisor or her designee is hereby authorized and empowered to issue licenses for a one-year period to those haulers whom or which in her or her designee's sole discretion are responsible persons. The Supervisor may charge each such hauler licensed by her or her designee a sum established from time to time by the Town Board by resolution. Such sum shall be in the same amount for each hauler so licensed during any fiscal year of the town.

§ 115-6 Compliance required; penalties for offenses.

Failure to comply with this chapter by any person or tenant, in cases where a lease agreement gives specific responsibility for solid waste disposal to said tenant, shall be an offense punishable as provided hereafter:
A. 
Conviction of a first offense provided by this chapter shall be punishable by a fine of $50, and in addition, anyone convicted of a first offense thereunder shall be liable to pay a civil penalty of $50.
B. 
Conviction of a second offense within a year of the first offense shall be punishable by a fine of $100 or imprisonment of not more than 15 days, or both, and in addition, anyone convicted of a second offense thereunder shall be liable to pay a civil penalty of $100.
C. 
Conviction of a subsequent offense within a year of the first offense shall be punishable by a fine of at least $100 and not more than $500 or imprisonment of not more than 30 days, or both, and in addition, anyone convicted of a subsequent offense thereunder shall be liable to pay a civil penalty of $1,000.

§ 115-7 Enforcement.

It shall be the duty of the Code Enforcement Officer and/or his duly appointed agent, police and peace officers to administer and enforce the provisions of this chapter.

§ 115-8 Severability.

The invalidity of any section or provision of this chapter shall not invalidate any other section or provision thereof.

§ 115-9 Effective date.

This chapter shall take effect on September 1, 1992, or at such other time in accordance with the law of the State of New York.