[Adopted 8-17-1994 by L.L. No. 1-1994]
This article shall be known as the "Village of West Haverstraw Recycling Law."
The purpose of this article is to define the requirements for a mandatory recycling program in the Village of West Haverstraw. The Village Board finds that a program which has as its goal the reduction of the amount of solid waste disposed of at landfills by the Village and the conservation of recyclable materials will promote the health, safety and welfare of persons and property within the Village and otherwise will encourage an environmentally sound and beneficial practice. Consistent with this purpose, the terms and conditions of this article are intended to be liberally construed so as to fully effectuate the goals and purpose hereof.
As used in this article, the following definitions shall apply:
CARDBOARD
A thick paperboard, including but not limited to corrugated boxes, cardboard cartons, pasteboard and similar corrugated materials, 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 article, and/or by resolution of the Town Board pursuant to this article, to be source-separated. This term includes, but is not limited to, those materials hereinafter enumerated at § 201-4.
GLASS
All clean, green and brown (amber) colored glass containers being used for packaging or bottling of various matter and all other materials commonly known as "glass," but shall not include blue and flat glass commonly known as "window glass," mirrored glass, drinking glasses, light bulbs, crystal and clay and ceramic pots.
HAZARDOUS MATERIALS OR HAZARDOUS WASTE
Any material, natural or manufactured, which by itself or in concentration or combination with other like or dissimilar materials will contaminate to environmentally unsafe levels the atmosphere, soil or water, whether above or below the ground.[1]
NEWSPAPER
Includes newsprint and all newsprint and newspaper advertisements, supplements, comics and enclosures.
PAPER
All high-grade office paper, fine paper, bond paper, office paper, photocopying paper, mimeopaper, 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 or cardboard.
PERSON
Any individual, firm, partnership, company, corporation, association, joint venture, cooperative enterprise, trust or any or all combinations of individuals acting in concert.
PLASTICS OR PLASTIC CONTAINER
Includes all disposable containers fabricated from polyethylene terephthalate or high-density polyethylene and commonly used for food and nonfood products, except that plastic bags and containers used for substances considered hazardous are excluded.
RECYCLABLE MATERIAL
Any 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 product.
RECYCLING COLLECTION AREA
Any facility or area designed and designated solely for the receiving and storing of source-separated designated recyclable materials.
RESIDENT
Any person residing or owning residential property within the Village on a temporary or permanent basis, but excluding persons residing in hotels or motels. For purposes of this article, "resident" does not include commercial, industrial or institutional establishments.
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 sewerage or substances, materials in noncontainerized gaseous form or hazardous materials or waste.
[Amended 3-18-1998 by L.L. No. 2-1998]
SOURCE-SEPARATE
To separate recyclable materials from the solid waste stream at the point of waste generation.
TIN/ALUMINUM CANS
Containers comprised or fabricated of aluminum, tin, steel or a combination thereof, which contain or formerly contained only food and/or beverage substances. Aerosol cans are excluded.
VILLAGE AND VILLAGE BOARD
The Village of West Haverstraw and the Board of Trustees of the Village of West Haverstraw, respectively.
YARD WASTE
Includes leaves, grass cuttings, tree limbs, shrubs and shrubbery clippings.
[1]
Editor's Note: The former definition of "multiresidential complex," which immediately followed this definition, was repealed 6-18-2008 by L.L. No. 3-2008.
A. 
The following materials are designated as recyclable and subject to the provisions of this article:
(1) 
Tin/aluminum cans.
(2) 
Glass.
(3) 
Plastics.
(4) 
Newspaper.
(5) 
Cardboard.
(6) 
Paper.
(7) 
Batteries.
(8) 
Tires.
(9) 
Motor oil.
(10) 
Yard waste.
B. 
In addition to the above-described designated recyclable materials, the Village Board by resolution may, from time to time, designate other recyclable materials for collection as part of this program.
A. 
All commercial, industrial and institutional establishments within the Village of West Haverstraw shall source-separate and arrange for the collection and disposition for recycling of all designated recyclables.
[Amended 6-18-2008 by L.L. No. 3-2008]
B. 
All commercial, industrial and institutional establishments, through their owners, managers, boards or other persons or entities responsible for the operation of such institutions or establishments, shall establish a program for the recycling of the aforesaid designated recyclables, which program shall be in accordance with the provisions of this article and any rules and regulations hereinafter promulgated or established hereunder.
[Amended 6-18-2008 by L.L. No. 3-2008]
C. 
Any such program established pursuant to this article shall provide for a recycling collection area in which to receive designated recyclables for transportation and disposition. Such recycling collection areas shall be maintained in a neat and sanitary condition and shall provide separate storage facilities or containers for the collection of designated recyclables.
D. 
The collection and disposition of the designated recyclables shall be the responsibility of the commercial, industrial and institutional establishment which has generated the recyclables by use of an independent carter.
[Amended 6-18-2008 by L.L. No. 3-2008]
[Amended 6-18-2008 by L.L. No. 3-2008]
All residential homeowners and occupants shall source-separate designated recyclables from other solid waste and place such recyclables in recycling collection areas as shall be designated by the Village Board or Commissioner of Public Works. Such recyclables shall be prepared for collection in accordance with this article and with any rules and regulations hereinafter promulgated or established hereunder.
[Amended 6-18-2008 by L.L. No. 3-2008]
A. 
The Village Department of Public Works, and any other person authorized to collect solid waste within the Village, shall not pick up any solid waste from persons who have clearly failed to source-separate designated recyclables.
B. 
Recyclables shall not be placed at curbside, or in any other location visible from the street, earlier than 6:00 p.m. on the day preceding the date of the scheduled pickup, and containers must be returned to a nonvisible location by 8:00 p.m. on the day of the scheduled pickup.
[Amended 2-17-2010 by L.L. No. 1-2010[1]]
[1]
Editor's Note: This local law also repealed former § 201-8, Unlawful activities, as amended; § 201-9, Enforcement, as amended; § 201-10, Rules and regulations, as amended; and § 201-23, Penalties for offenses, as amended; and renumbered former §§ 201-11 through 201-22 and 201-24 as §§ 201-8 through 201-20, respectively.