Town of Haverstraw, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Haverstraw 3-11-1991 as L.L. No. 1-1991. Amendments noted where applicable.]
GENERAL REFERENCES
Landfill and refuse removal — See Ch. 103.
Littering — See Ch. 107.

§ 132-1 Title.

This law shall be known as the "Town of Haverstraw Recycling Law."

§ 132-2 Legislative findings.

The Town Board of the Town of Haverstraw finds that the reduction of the amount of solid waste and the conservation of recyclable materials are important public concerns. The 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 town will protect and enhance the town's physical and visual environment as well as promote the health, safety and well-being of persons and property within the town 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 town 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 town. 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.

§ 132-3 Definitions.

As used in this chapter, the following definitions shall apply:
CARDBOARD
All corrugated cardboard normally used for packing, mailing, shipping of containerized goods, merchandise or other material, but shall not mean wax-coated or soiled cardboard.
COMMINGLED
Source-separated, nonputrescible, noncontaminated recyclable materials that have been placed in the same container.
DESIGNATED RECYCLABLE MATERIALS or DESIGNATED RECYCLABLES
Those recyclable materials designated by this chapter, and/or by resolution of the Town Board pursuant to this chapter, 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.
DISPOSITION OR DISPOSITION OF DESIGNATED RECYCLABLE MATERIALS
The transportation or placement, or arrangement for transportation or placement, of designated recyclable materials for all possible end uses.
GARBAGE
Putrescible animal and/or vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
GLASS
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.
HAZARDOUS MATERIAL or HAZARDOUS WASTE
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 town 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.
MULTIRESIDENTIAL COMPLEX
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.
NEWSPAPER
Includes newsprint and all newspapers and newspaper advertisements, supplements, comics and enclosures.
PAPER
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.
PERSON
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 chapter 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.
PLASTIC CONTAINERS
Containers composed of high-density polyethylenes, polyethylene terephthalate or other specific plastics as the Town Board may designate, which contain or formerly contained only food and/or beverage substances.
RECYCLABLE MATERIAL
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.
RECYCLING
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 products.
RECYCLING COLLECTION AREA
Any facility designed and operated solely for the receiving and storing of source-separated designated recyclable materials.
RESIDENT
Any person residing within the town 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.
RUBBISH
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.
SOLID WASTE
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.
SOURCE-SEPARATE
To separate recyclable materials from the solid waste stream at the point of waste generation.
TIN/ALUMINUM
Containers comprised of aluminum, tin, steel or a combination thereof, which contain or formerly contained only food and/or beverage substances.
TOWN
The Town of Haverstraw located within the County of Rockland, State of New York.
TOWN BOARD
The Town Board of the Town of Haverstraw.

§ 132-4 Curbside program for collection of newspaper.

A. 
Upon the effective date of this chapter, [1] there is established within the existing boundaries of the unincorporated Town of Haverstraw a curbside program for separate collection of newspaper.
[1]
Editor's Note: This local law became effective 5-1-1991.
B. 
Collection of newspaper pursuant to the curbside program established by this section shall be made.
C. 
All residents of the unincorporated town shall, upon the applicable effective date of this chapter, [2] source-separate newspaper in the manner designated by the Town Board and place it 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.
[2]
Editor's Note: This local law became effective 5-1-1991.

§ 132-5 Placement of designated recyclables.

Designated recyclables shall be placed in recycling collection areas as designated by the Town Board. Such recyclables shall be prepared for collection in accordance with this chapter and any and all rules and regulations as set forth by the Town Board.

§ 132-6 Mandatory commercial, industrial and institutional source-separation program.

A. 
All commercial, industrial and institutional establishments within the unincorporated Town 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.

§ 132-7 Private collection programs for multiresidential complexes.

A. 
All owners, 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 chapter.
B. 
The owner, manager or his representative of every multiresidential complex in the Town of Haverstraw shall provide and maintain, in a neat and sanitary condition, recycling collection areas to receive all of the recyclables set forth in § 132-6 of this chapter. Such collection areas must be in place by the commencement date of this chapter. [1]
[1]
Editor's Note: This local law became effective 5-1-1991.
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, manager or his representative of each multiresidential complex shall arrange with the Town 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.

§ 132-8 Enforcement; promulgation of additional rules and regulations.

The Town of Haverstraw Sanitation Commission is authorized to enforce the provisions of this chapter and to administer the recycling programs established herein. The Town of Haverstraw Sanitation Commission may adopt and promulgate, amend and repeal rules and regulations implementing this chapter in order to carry out and enforce the intent and purposes hereof.

§ 132-9 Solid waste not separated from designated recyclables not to be collected.

The town or any other person collecting solid waste generated within this town may refuse to collect solid waste from any person who has clearly failed to source-separate recyclables designated under an applicable section of this chapter, and the town may refuse to accept solid waste containing recyclables designated under an applicable section of this chapter at any solid waste disposal facility owned or operated by the town.

§ 132-10 Unlawful activities.

A. 
It shall be unlawful for any person to:
(1) 
Violate or cause to assist in the violation of any provision of this chapter or any implementing rule or regulation promulgated by the Town of Haverstraw Sanitation Commission.
(2) 
Place or cause to be placed any material other than a designated recyclable in or near a recycling collection area.
(3) 
Hinder, obstruct, prevent or interfere with this town, its employees or any other authorized persons in the enforcement of this chapter.
B. 
All unlawful conduct set forth in this section shall constitute a violation.

§ 132-11 Effect of provisions on existing contracts.

A. 
Nothing contained in this chapter shall be construed to interfere with or in any way modify the provisions of any existing contract in force in the town on the effective date of this chapter. [1]
[1]
Editor's Note: This local law became effective 5-1-1991.
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 chapter unless renewal of such contract shall conform to the requirements of this chapter.

§ 132-12 Collectors to report violations; penalties for offenses.

A. 
The refuse collector shall not pick up any refuse which contains recyclable items and shall report such findings to the Town of Haverstraw Sanitation Commission.
B. 
Any person who engages in unlawful conduct as defined in this chapter may, upon conviction thereof in a proceeding before a court of competent jurisdiction, be sentenced to imprisonment for a term not to exceed 15 days or to a term of community service related to the purposes of this chapter or to pay a fine of not more than $250 and not less than $100, or any combination of the above penalties.
C. 
Each continuing day of violation of this chapter shall constitute a separate offense.

§ 132-13 Additional remedies.

A. 
In addition to any other remedy provided in this chapter, the town may institute a suit in equity where unlawful conduct exists as defined in this chapter for an injunction to restrain a violation of this chapter.
B. 
The penalties and remedies prescribed by this chapter shall be deemed concurrent. The existence or exercise of any remedy shall not prevent this town from exercising any other remedy provided by this chapter or otherwise provided at law or equity.

§ 132-14 Construal of provisions.

The terms and provisions of this chapter are to be liberally construed so as best to achieve and effectuate the goals and purposes hereof.