[HISTORY: Adopted by the Town Board of the
Town of Wales 7-11-1991 by L.L. No. 1-1991. Amendments noted where
applicable.]
GENERAL REFERENCES
Junk and junkyards — See Ch. 120.
This chapter shall be known and may be cited
as the "Recycling Law of the Town of Wales."
This chapter is enacted pursuant to the authority
granted under the New York Town Law and the New York Environmental
Conservation Law regarding solid waste reduction.
It is hereby declared the policy of the Town
to reduce the volume of solid wastes. To achieve such volume reductions,
the Town shall by resolution, rule or regulation provide for the implementation
of programs to separate recyclable materials from solid wastes and
to require solid waste haulers to comply with this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
Empty all-aluminum beverage and food containers.
Empty food or beverage containers consisting of ferrous sides
and bottoms and an aluminum top.
Those properties used primarily for commercial or industrial uses as perceived herein and as may be so identified in Chapter 200, Zoning, of the Code of the Town of Wales.
That material consisting of two or more pieces of Kraft liner
separated by corrugated (fluted) liner board. Excluded are materials
without a corrugated interliner and those materials with a corrugated
liner made from rice or other non-wood-based materials.
The collection by the municipality or its authorized agent(s)
of recyclable materials placed at the curbside or other designated
locations.
Empty steel or tin food or beverage containers.
Bottles and jars made of clear, green or brown glass. Expressly
excluded are noncontainer glass, plate glass, blue glass and porcelain
or ceramic products.
That paper collected from commercial, institutional and municipal
establishments that was discarded from xerographic copiers, from nonthermal
computer printers, from general office use forms, memos and correspondence
and from print shops and other commercial printing processes. Material
sorting and classification grades will be specified in the regulations
specific to this chapter. Expressly excluded are papers with self-carbons,
carbon paper, envelopes and all other grades of paper not meeting
the specifications in the regulations.
Those facilities that house or serve groups of people, e.g.,
hospitals, schools and nursing homes.
Leaves, garden residues and similar material, but not including
grass clippings.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals and printed on glossy or slick paper.
Expressly excluded, however, are all other paper products of any nature
whatsoever.
Paper of the type commonly referred to as "newsprint" and
distributed at fixed intervals, having printed thereon news and opinions,
containing advertisements and other matters of public interest. Expressly
excluded, however, are newspapers which have been soiled.
Owners, lessees and occupants of residences or commercial
or institutional establishments, individuals, partnerships or corporations.
Empty plastic food and beverage containers. Due to the large
variety of types of plastics, the recycling regulations shall stipulate
the specific types of plastic which may be recycled as determined
by the Town Board from time to time.
Any type containers approved by the Town Board.
Those materials which may be processed at a recycling facility
and specified by the Town Board to be recycled. The list of materials
shall be specified in the recycling regulations resulting from this
chapter and may be revised from time to time as deemed necessary by
the Town Board.
Any occupied single-family or multifamily dwelling from which
a municipal or private waste hauler collects solid waste.
All refuse (garbage and rubbish) and other discarded solid
material normally collected by a municipal or private hauler. Hazardous
or toxic waste, as defined by the Department of Environmental Conservation,
is not included in this definition.
The duly elected and constituted legislative body of the
Town of Wales.
Prunings, grass clippings, weeds, leaves and garden waste.
There is hereby established by the Town of Wales,
herein referred to as the "Town," a program that mandates the recyclable
materials which shall be kept separate from solid waste by all persons
within the municipality.
Recyclable materials shall be placed at the
curb or in areas designated by the Town separate from solid waste
for collection at such times and dates as may be hereinafter established
by regulations or by contract with private collectors.
All persons or firms engaged in the collection
or disposal of solid waste are required to obtain an annual permit
upon application and approval of the Town Board. The Town Board shall
determine by resolution the cost of the permit and any requirements
to be met by the applicant. By this provision, the Town Board specifically
reserves the discretion to determine the requirements for said permit,
which shall include but not be limited to the type of vehicles used
for collection, hours of collection, frequency of collection and provisions
against spillage and littering. It shall be a violation of this chapter
for any persons unauthorized by the Town to collect or pick up or
cause to be collected or picked up any such recyclable material. Each
such collection in violation hereof shall constitute a separate and
distinct offense punishable as hereinafter provided.
[Amended 5-11-1993 by L.L. No. 1-1993]
All persons or firms licensed to collect and
dispose of solid waste within the Town of Wales shall file a quarterly
report no later than the 10th day of the month subsequent to the period
of the report, setting forth the names and addresses of any persons
or firms which have failed to separate recyclable materials from solid
wastes. The defining of recyclable materials shall be as set forth
in this chapter and as may be determined from time to time by resolution
of the Town Board.
The Town by its designated officer is authorized
to enforce this chapter. The same is hereby authorized and directed
to establish and promulgate reasonable regulations as to the manner,
days and times for the collection of recyclable materials in accordance
with the terms hereof and any other matters required to implement
this chapter. This shall include the licensing of solid waste collectors.
The Town may change, modify, repeal or amend any portion of said rules
and regulations at any time.
Any action by any person, firm, corporation
or other entity which violates or does not comply with any provision
of this chapter or any regulation thereof shall be given a notice
to remedy upon the first violation and thereafter shall be punishable
by a fine not to exceed $100 upon the first conviction, not more than
$300 upon the second conviction and not more than $1,000 upon each
subsequent conviction. Any person, firm, corporation or other entity
which collects such recyclable materials without authorization of
the owner or of the Town of Wales shall be punishable by a fine not
to exceed $300 upon the first conviction, not more than $500 upon
the second conviction and not more than $1,000 upon each subsequent
conviction. This chapter may be enforced in the Town of Wales Justice
Court.
The Town may negotiate and enter into agreements
with public or private agencies or firms to authorize them to collect
all or part of solid waste and recyclable materials from curbside
or elsewhere as designated by the Town. The agreement with the private
or public agencies or firms may provide for the sharing of revenues
generated from the collection and sale of recyclable materials.
Any person may donate or sell recyclable materials
to individuals or organizations authorized or licensed by the municipality
in its recycling regulations. These materials must either be delivered
to the individual's or organization's site or they may
be placed at the curb for collection by said individual or organization
on days not indicated as recyclable material collection days by the
municipality. Said individuals or organizations may not collect recyclable
materials on or immediately preceding (within 24 hours) a regularly
scheduled curbside collection day.
