This chapter shall be known as the "Town of Albion Recycling Law."
The Town Board of the Town of Albion finds that reduction of waste materials
in the solid waste stream and the conservation of recyclable materials are
important public concerns. The separation and collection of newspaper, paper,
cardboard, glass, cans, plastic containers, vegetative yard waste 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 environments, as well as promote the health, safety and well-being
of persons and property within the Town by minimizing the potential adverse
effects of landfilling through reduction of the need for landfills and conservation
of existing landfill capacity, facilitating the implementation and operation
of other forms of solid waste management, conserving natural resources, assisting
the Town in complying with the mandates of the Environmental Conservation
Law Solid Waste Management Plan, and facilitating the development and implementation of a solid
waste management plan for the Town. 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.
This chapter is adopted pursuant to § 10 of the Municipal
Home Rule Law.
As used in this chapter, the following terms shall have the meanings
indicated:
CARDBOARD
All corrugated cardboard normally used for packing, mailing, shipping
of containerizing goods, merchandise or other material, but shall not mean
wax-coated or soiled cardboard.
CODE ENFORCEMENT OFFICER
That individual who is designated by the Town Supervisor to act on
behalf of the Town of Albion in the enforcement of this chapter, the Town
Board and/or the Town Attorney.
COMMINGLED
Source-separated, nonputrescible, noncontaminated recyclable materials
that have been placed in the same container.
DEC
The New York State Department of Environmental Conservation.
DESIGNATED RECYCLABLE MATERIALS or DESIGNATED RECYCLABLES
Those recyclable materials designated by this chapter, and/or by
resolution of the Town Board pursuant to this chapter, to be source-separated.
The term includes, but is not limited to, newspaper, glass, paper, cardboard,
cans, plastic containers and vegetative yard waste.
GARBAGE
Includes any putrescible wastes, except hazardous waste, sewage and/or
sludge. Examples include animal, fish, fowl, fruit or vegetable produce grown,
made or produced from or resulting from the growth, processing, use or storage
of food for human consumption and which includes spoiled food and dead animals
found within the Town of Albion.
GARBAGE DISTRICT
A refuse and garbage district within the Town, established, consolidated
or extended under the Town Law of the State of New York, or such other laws
governing the establishment of improvement districts, including any recycling
and refuse improvement district.
GLASS
All clear (flint), green and brown (amber) colored glass containers,
crystal, plate, window, laminated or mirrored glass, but shall not mean wired
glass.
MULTIRESIDENTIAL COMPLEXES
Four or more residential units located on a single property or continuous
properties under common ownership, control or management. For this purpose,
"residential unit" shall mean an enclosed space consisting of one or more
rooms designed for use as a separate residence, and shall include, but not
be limited to, an apartment, condominium unit, townhouse cooperative unit,
mobile home, living unit in a group home and room or set of rooms in a boardinghouse,
but shall not include rooms within a single-family residence, motel or hotel.
NEWSPAPER
Includes newsprint and all newspapers and newspaper advertisements,
supplements, comics and enclosures.
PAPER
All high-grade office paper, fine paper, bond paper, office paper,
xerographic paper, mimeo paper, duplication paper, magazines, paperbacks,
school paper, catalogs, junk mail, computer paper, telephone books and similar
cellulocis 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 and cardboard.
PERSON
Includes any individual, partnership, corporation, unincorporated
association, firm, club, society of persons and/or not-for-profit corporation.
The singular designation of the male gender hereby includes the plural, feminine
and neuter.
PLASTIC CONTAINERS
Containers composed of high-density polyethylenes, polythylene terephthalate
or other specific plastics as the Town Board may designate.
RADIOACTIVE WASTE
Any nuclear or by-product material as defined by the Atomic Energy
Act of 1954, as amended (68 Stat. 923).
RECYCLABLE MATERIAL
A 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 designed and operated solely for the receiving and storing
of source-separated designated recyclable materials.
RESIDENT
Any person residing within the Town on a temporary or permanent basis,
but excluding persons residing in hotels or motels. For purposes of this chapter,
"resident" does not include commercial, industrial or institutional establishments,
unless otherwise specified.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible
wastes, including but not limited to nonrecyclable paper, wrappings, cigarettes,
wood, wire, glass, tires, bedding, furniture and similar materials which are
not designated recyclable materials.
SOLID WASTE
Any discarded materials, substances or objects, including garbage,
refuse, sludge and industrial or commercial waste, including, without limitation,
any items defined as solid waste pursuant to 6 NYCRR Part 360-1 as currently
embodied, or as it may from time to time be amended.
SOURCE-SEPARATE
To separate recyclable materials from the solid waste stream at the
point of waste generation (i.e. at the residence of the resident).
TOWN
The Town of Albion located within the County of Orleans, State of
New York.
WASTE HAULER
Any transporter of garbage, refuse, hazardous waste or solid waste,
who receives compensation or remuneration either directly, indirectly or by
virtue of trade or barter, either licensed or unlicensed pursuant to the Town
Code. This definition shall include those transporters of waste who are licensed
pursuant to Article 27, Title 3, of the Environmental Conservation Law, and
any business which transports waste for disposal at the landfill for its own
account. It shall not include persons who are transporting materials generated
by their own residential, noncommercial activities, or persons who are transporting
material which is derived from their own agricultural enterprise.
All designated recyclables placed at the roadside, or other location, by residents for collection pursuant to §
84-5 of this chapter shall be prepared for collection in accordance with regulations promulgated by the Town Board.
Designated recyclables required to be placed in recycling collection areas pursuant to §
84-7 of this chapter shall be prepared for collection in accordance with regulations promulgated by the Commissioner.
Nothing in this chapter shall be construed as preventing any person
from utilizing vegetative yard waste for compost, mulch or other agricultural,
horticultural, silvicultural, gardening or landscaping purposes.
The Town or any other person or waste hauler collecting solid waste
generated within this Town may refuse to collect solid waste from any person
who has clearly failed to source separate recyclables designated under an
applicable section of this chapter, and the Town may refuse to accept solid
waste containing recyclables designated under an applicable section of this
chapter at any solid waste disposal facility owned or operated by the Town.
Nothing contained in this chapter shall be deemed to diminish the obligation
of any licensee to comply with other laws, rules and/or regulations heretofore
and hereafter promulgated by the State of New York, DEC, Department of Transportation
or other municipality of competent jurisdiction.