[HISTORY: Adopted by the Town Board of the Town of Ellicott 8-19-1992
as L.L. No. 2-1992. Amendments noted where applicable.]
This chapter shall be cited and may be referred to hereinafter as the
"Mandatory Recycling Law of the Town of Ellicott."
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.
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.
BULK WASTE
CARDBOARD
CODE ENFORCEMENT OFFICER
COMMERCIAL SECTOR
CURBSIDE COLLECTION
DISPOSAL FACILITY
DISPOSAL FEE
DROPOFF AREA
HAULER
HAZARDOUS SUBSTANCE
INDUSTRIAL SECTOR
INSTITUTIONAL SECTOR
MATERIALS RECOVERY FACILITY
NEWSPAPERS
NONRESIDENCE
PERSON
RECYCLABLES
RECYCLING CENTER
RESIDENCE
RESIDENT
RESIDENTIAL SECTOR
SOLID WASTE
SOLID WASTE SERVICE
SUPERVISOR
TOWN
TOWN BOARD
As used in this chapter, the following words shall have
the meanings indicated:
An item of solid waste larger than two by two by four feet or heavier
than 50 pounds.
A thick paperboard, including but not limited to corrugated boxes,
cardboard cartons, pasteboard and similar corrugated materials.
The Building Inspector of the Town of Ellicott.
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.
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
Any solid waste management plant or site under contract or obligated
to receive solid waste originating from within the Town of Ellicott.
The fee charged by any disposal facility under contract with the
Town of Ellicott.
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.
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.
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.
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.
Those persons generating solid waste at public, eleemosynary and
similar establishments, including schools, churches, hospitals, psychiatric
centers, government offices and garages and nursing homes.
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.
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.
Any building or parcel of land not used as a residence or a multiple
residence as defined in this section.
Any individual, partnership, association, firm, corporation or any
and all combinations of individuals acting in concert.
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").
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.
A building or parcel of land having three or fewer dwelling units.
A person residing in a residence.
Those persons generating solid waste at single and multiple residences,
boardinghouses, dormitories, mobile home parks, temporary residences and camps.
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.
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.
The Town of Ellicott Supervisor.
The unincorporated area of the Town of Ellicott.
The Town Board of the Town of Ellicott.
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.
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.
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.
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.
The invalidity of any section or provision of this chapter shall not
invalidate any other section or provision thereof.
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.