ARTICLE IRecycling (§ 100-1 — § 100-13)
§ 100-2Statutory authority.
§ 100-5Establishment of program.
§ 100-6Separation of recyclables; placement
§ 100-7Collection permit.
§ 100-8Report of violation.
§ 100-9Enforcement; administration.
§ 100-10Penalties for offenses.
§ 100-11Agreements for collection.
§ 100-12Alternative collection procedures.
§ 100-13Effective date.
This Article shall be known and may be cited as the "Recycling Law of the Town of Holland."
This Article 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 policy.
The following terms shall have the meanings as set forth in this Article:
- ALUMINUM CANS
- Empty all-aluminum beverage and food containers.
- BIMETALLIC CANS
- Empty food or beverage containers consisting of ferrous sides and bottoms and an aluminum top.
- COMMERCIAL ESTABLISHMENTS
- Those properties used primarily for commercial or industrial uses as perceived herein and as may be so identified in Chapter 120, Zoning, of the Town of Holland.
- CORRUGATED PAPER
- 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.
- CURBSIDE COLLECTION
- The collection by the municipality or its authorized agent(s) of recyclable materials placed at the curbside or other designated locations.
- FERROUS CANS
- Empty steel or tin food or beverage containers.
- GLASS 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.
- HIGH-GRADE OFFICE PAPER
- 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 Article. Expressly excluded are papers with self carbons, carbon paper, envelopes and all other grades of paper not meeting the specifications of the regulations.
- INSTITUTIONAL ESTABLISHMENT
- Those facilities that house or serve groups of people, e.g., hospitals, schools and nursing homes.
- LEAF WASTE
- Leaves, garden residues and similar materials but not including grass clippings.
- MAGAZINES AND PERIODICALS
- Printed matter containing miscellaneous written pieces published at fixed or varying intervals and printed on glossy or slick paper. Expressly excluded 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.
- PLASTIC CONTAINERS
- 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.
- RECYCLABLE CONTAINERS
- Any type containers approved by the Town Board.
- RECYCLABLE MATERIALS
- 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- or multifamily dwelling from which a municipal or private waste hauler collects solid waste.
- 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 as regulated by NYCRR 364.
- Tires of rubber and/or synthetic product used on all types
of motor vehicles.[Added 3-10-2010 by L.L. No. 1-2010]
- TOWN BOARD
- The duly elected and constituted legislative body of the Town of Holland.
- YARD WASTE
- Prunings, grass clippings, weeds, leaves and garden waste.
There is hereby established by the Town of Holland, 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 Article 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.
All persons or firms licensed to collect and dispose of solid waste within the Town of Holland shall file a monthly 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 person or firms which have failed to separate recyclable materials from solid wastes. The defining of recyclable materials shall be as set forth in this Article 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 Article. 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 Article. This shall include the licensing of solid waste collectors. The Town may change, modify, repeal or amend any portion of the 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 Article 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 Holland 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 Article may be enforced in the Town of Holland Justice Court.
The Town may administer the collection of items of solid waste and recyclable materials. The Town is authorized to set forth the arrangements for such collection and is authorized to determine and impose fees for such collection as it may determine from time to time.
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 individuals' or organizations' site or they may be placed at the curb for collection by said individuals or organizations 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.
This Article shall take effect immediately, with compliance of its terms effective April 1, 1992.