[Adopted 7-24-1991 by L.L. No. 1-1991 (Ch. 24A of the 1971
Code)]
The Town Board of the Town of Newfane 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,
paper, cardboard, glass, cans, plastic containers and other materials
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 effect of landfilling, facilitating the implementation
and operation of other forms of solid waste management, conserving
natural resources and assisting the Town in complying with the mandates
of the New York State Solid Waste Management Act of 1988. 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.
For the purposes of this article, the following terms, phrases,
words and derivatives shall have the following meanings:
ADMINISTRATOR
The person or persons designated by resolution of the Town
Board to monitor and enforce this article. The Town Board shall act
as Administrator unless a separate designation is made.
HAZARDOUS WASTE
Includes but is not limited to the following products and
their empty containers: insecticides, herbicides, petroleum products,
caustic chemicals, paint and batteries. Hazardous wastes generally
display one or more of the qualities of ignitability, corrosivity,
reactivity or toxicity.
NONRECYCLABLES
That portion of the waste stream not included under "recyclables"
and not treated separately as hazardous waste under § 27-0903
of the New York Environmental Conservation Law; source, special nuclear
or by-product material as defined in the United States Atomic Energy
Act of 1954; or low-level radioactive waste as defined in § 29-0101
of the New York Environmental Conservation Law. "Nonrecyclables" include
but are not limited to the following:
A.
GARBAGEPutrescible solid waste, including animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking or serving of foods. Garbage originates primarily in home kitchens, storage areas, markets, restaurants and other places where food is stored, prepared or served.
B.
RUBBISHRags, sweepings, rubber, leather, excelsior, crockery, shells, clothing, straw, dirt, filth, ashes, wastepaper and similar waste material.
C.
LARGE HOUSEHOLD FURNISHINGSLarge and/or bulky articles actually used in the home and which equip it for living, such as chairs, sofas, tables, beds, carpets and large appliances.
D.
CONSTRUCTION AND DEMOLITION DEBRISWaste resulting from construction, remodeling, repair and demolition of structures, road building and land clearing. Such wastes include but are not limited to bricks, concrete and other masonry materials, soil, rock spoils, paving material and tree or brush stumps.
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 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.
RECYCLABLES
Any materials which can be collected, separated and/or processed,
treated, reclaimed, used or reused to produce a raw material or product,
which materials include but are not limited to the following:
A.
Paper, clean and unsoiled, including newsprint, newspapers,
news advertisements, supplements, comics and enclosures, corrugated
boxes, cardboard, cardboard cartons and similar corrugated materials.
B.
Unbroken glass, glass bottles or types of containers, but not
including dishes, crockery, ceramics, window glass, safety glass or
pyrex-type glass.
C.
Metals, limited to bimetal cans, tin-plated steel cans, aluminum
containers and aluminum household items.
D.
Plastic containers normally found in the household, including
containers used primarily for laundry products, dishwashing detergents,
milk, water and similar items, including PET (polyethylene terephthalate)
and HDPE (high-density polyethylene) and other common plastic resin
types.
E.
Such other items and materials, including garden and yard waste,
as may later be included pursuant to agreement between the Town and
its refuse collection contractor; provided, however, that nothing
in this article shall be construed as preventing any person from utilizing
vegetative yard waste for compost, mulch or other agricultural, horticultural,
gardening or landscaping purposes.
WASTE MATERIAL
Includes all recyclables and nonrecyclables which make up
the waste stream eligible for curbside pickup under this article.
"Waste material" does not include dead animals, fecal matter, or material
treated separately as hazardous waste under § 27-0903 of
the New York Environmental Conservation Law, source, special nuclear
or by-product material as defined in the United States Atomic Energy
Act of 1954 or low-level radioactive waste as defined in § 29-0101
of the New York Environmental Conservation Law.
No person shall dispose of waste material except as follows:
A. Waste material shall be prepared for collection in accordance with Subsection
A(1) through
(4) of this section.
(1) Each person shall provide separate, sealable galvanized iron cans
or other suitable sanitary sealable containers or heavy-duty plastic
bags for nonrecyclables, unless stipulated otherwise in this article.
Such cans or containers shall not exceed 30 gallons' capacity
and when filled shall not exceed 60 pounds in weight. All cans or
containers shall be placed at the curb or roadside for collection.
(2) Recyclable aluminum cans and items, glass bottles and plastic items
shall be separated from nonrecyclables and placed in the recyclable
collection container.
(3) Recyclable metal cans, aluminum cans, glass and plastic containers
and other items so separated shall be rinsed of contents and placed
in the recyclable collection container.
(4) Newsprint shall be separated from nonrecyclables and either placed
in the recyclable container or properly secured into bundles not to
exceed 25 pounds in weight and placed at the curb or in the recyclable
container or roadside next to the recyclable container for collection.
Effort is to be made to keep the newsprint clean and dry and contamination
free.
B. Other items to be included for recycling are to be prepared as set
forth from time to time by resolution of the Town Board according
to such expansions of the curbside collection program as may be established
by the Town from time to time.
C. Recyclable containers shall be provided by each person and shall
conform in color, logo, shape and material and other specifications
to the material established from time to time by the Town Board.
Waste materials shall be collected in a manner consistent with
the terms of the Town of Newfane collection contract.
A violation of this article, other than §
215-7A, shall constitute a violation punishable, upon conviction thereof, by a fine not exceeding $250 for each offense. A violation of §
215-7A or
215-8 shall constitute a misdemeanor punishable upon conviction thereof by not more than six months' imprisonment or a fine not exceeding $1,000, or both.
This article shall take effect upon filing with the Secretary
of State; however, its provisions are suspended until such date that
a contract is implemented by the Newfane Town Board for recycling
in the Town of Newfane.