[HISTORY: Adopted by the Town Board of the Town of Albion 9-9-1991
by L.L. No. 1-1991. Amendments noted where applicable.]
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,[1] 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.
[1]
Editor's Note: See ECL § 27-0701 et seq.
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:
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.
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.
Source-separated, nonputrescible, noncontaminated recyclable materials
that have been placed in the same container.
The New York State Department of Environmental Conservation.
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.
The transportation, placement or arrangement for transportation or
placement of designated recyclable materials for all possible end uses.
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.
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.
All clear (flint), green and brown (amber) colored glass containers,
crystal, plate, window, laminated or mirrored glass, but shall not mean wired
glass.
Those materials as currently defined as such in 6 NYCRR Part 371,
and as it may be amended from time to time.
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.
Includes newsprint and all newspapers and newspaper advertisements,
supplements, comics and enclosures.
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.
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.
Containers composed of high-density polyethylenes, polythylene terephthalate
or other specific plastics as the Town Board may designate.
Any nuclear or by-product material as defined by the Atomic Energy
Act of 1954, as amended (68 Stat. 923).
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.
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.
Any facility designed and operated solely for the receiving and storing
of source-separated designated recyclable materials.
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.
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.
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.
To separate recyclable materials from the solid waste stream at the
point of waste generation (i.e. at the residence of the resident).
The Town of Albion located within the County of Orleans, State of
New York.
The Town Board of the Town of Albion.
Organic yard and garden waste, leaves, grass clippings and brush.
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.
UNLICENSED WASTE HAULERA waste hauler not licensed as required by Chapter 49 of the Town of Albion Code.
LICENSED WASTE HAULERLawfully licensed by the Town of Albion.
A.
Upon the effective date of this chapter, there is established within the Town outside of the village, or any existing garbage districts in the Town, a program ("curbside program") for separate collection of newspaper from all residents of the districts. Said curbside program shall apply to multiresidential complexes in accordance with § 84-7 of this chapter and to commercial, industrial and institutional establishments in accordance with § 84-9 of this chapter.
B.
Collection of newspaper pursuant to the curbside program
established by this section shall be made at least once each month. Collection
shall occur in accordance with a schedule advertised by the Town.
C.
The curbside program established pursuant to this section
shall apply to any new garbage district in the Town immediately upon the formation
of such district and shall also be applied to other geographic areas within
the Town designated by resolution of the Town Board at all times 30 days after
enactment of the resolution and publication of notices in a newspaper of general
circulation within the Town.
D.
Expansion of program.
(1)
The Town Board, by resolution, may expand the curbside
program to include, in addition to newspaper, the collection in separate containers,
bundles or packages, as appropriate, of one or more of the following designated
recyclable materials:
(2)
Said expanded curbside program shall be established at all times 30 days after designation and publication of notice in an official newspaper of the Town or a newspaper of general circulation within the Town. Said expanded curbside program shall apply to multiresidential complexes in accordance with § 84-7 of this chapter and to commercial, industrial and institutional establishments in accordance with § 84-9 of this chapter.
E.
Collection of designated recyclable materials added to the curbside program pursuant to Subsection D above shall be made as specified in the public notice. Collection shall occur in accordance with a schedule advertised by the Town.
F.
All residents of the Town within the areas serviced by the curbside programs established pursuant to this section shall, upon the applicable effective date, source-separate newspaper and other designated recyclables and, in the manner designated by the Town Board pursuant to § 84-6 of this chapter and on the date specified for collection by the schedule published by the Town, place them at the side of the road fronting their residences or at such other location at or near the residence agreeable to the person who is collecting the material.
G.
All waste haulers doing business in the Town of Albion
are required to, at least once a month, collect source-separated recyclables
as designated herein. Separated materials shall not be commingled with other
solid waste.
H.
Improperly separated recyclables, which would otherwise
contaminate recyclable material, shall be left on the curbside, and the waste
hauler shall report to the enforcement officer the name and address of the
material, within one day, in writing.
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.
A.
In area designated by the Town Board subject to a curbside program established pursuant to § 84-5 of this chapter, there is also established a program ("private collection program") for the source separation, collection and delivery of newspaper and any other designated recyclable material included in the curbside program from all residents of multiresidential complexes.
B.
The owner, manager or superintendent of every multiresidential complex subject to Subsection A above shall provide and maintain, in a neat and sanitary condition, recycling collection areas to receive newspaper and other designated recyclables included in the curbside program which are generated by residents of the complex. In cases where a condominium, cooperative, homeowners' or similar association exists, the association shall be responsible for provision and maintenance of the recycling collection areas. Said recycling collection areas shall be constructed and capable of receiving newspaper within 180 days of the establishment of the curbside program and any and all other designated recyclables as may be included in or added to the curbside program within 180 days of such inclusion or in addition to the curbside program.
C.
Once the recycling collection area for a particular multiresidential
complex has been constructed and is capable of receiving newspaper and other
designated recyclables as may be included in or added to the curbside program,
all residents of such complex shall source-separate such materials by placing
them in the appropriate containers or areas within the collection area.
D.
The owner, manager or superintendent of each multiresidential complex subject to Subsection A above shall arrange for the collection of recycling of newspaper and other designated recyclables from the recycling collection areas.
E.
The number and design of the recycling collection areas
required by this section for each multiresidential complex shall be consistent
with the guidelines provided by the Town.
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.
A.
All commercial, industrial and institutional establishments within an area of the Town subject to a curbside program established pursuant to § 84-5 of this chapter shall source-separate and arrange for the collection for recycling of newspaper within 180 days of the establishment of the curbside program and any and all other designated recyclables as may be included in or added to such curbside program within 180 days of such inclusion in or addition to the curbside program.
B.
Designated recyclables for the mandatory commercial,
industrial and institutional source separation program may consist of the
following materials:
(1)
Newspaper.
(2)
High-grade paper, including but not limited to white
letterhead paper, white bond paper, white typing paper, white copier paper,
white notepad paper, white writing paper, white envelopes without glassine
windows, other nonglossy white office paper without plastic, computer printout
paper, computer tab cards and white onion skin paper.
(3)
Corrugated cardboard.
(4)
Glass containers, plastic containers and cans generated
by food and beverage service establishments.
(5)
Vegetative yard waste.
(6)
Other recyclable materials as designated by resolution
of the Town Board at all times 30 days after said designation and publication
of notice in an official newspaper of the Town or a newspaper of general circulation
within the Town.
C.
The arrangement for collection of designated recyclables
for disposition hereunder shall be the responsibility of the person who owns,
manages or operates the commercial, industrial or institutional establishment
at which the recyclables are generated ("generator") or the person contractually
obligated to the generator to arrange for collection and disposal of its solid
waste. Said arrangements may include, without limitation, direct marketing
of recyclables, contracts with permitted solid waste collector/haulers for
separate collection of any or all designated recyclables, contracts with other
recyclables or direct delivery to a designated processing facility.
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.
A.
At such time as constructed and opened by the Town of
Albion, Town residents may deliver to the Town Resource Collection Center,
recyclables and one bag of solid waste per week for disposal.
B.
Additional bags per week of solid waste may be disposed
of at the cost to be determined by the Town Board.
C.
No hazardous, toxic or radioactive waste, nor tires,
shall be presented or proffered to the Town of disposal. The Town reserves
the right to reject proffered waste if in its discretion receipt would create
a possible breach of contract in the disposal of the waste or potentially
cause a liability to be incurred by the Town by the receipt of the material.
A.
It shall be unlawful for:
(1)
Any person, other than those persons so authorized, to
collect any designated recyclable which has been placed at the roadside for
collection or within a recycling collection area pursuant to this chapter.
(2)
Any person to violate or to cause or to assist in the
violation of any provision of this chapter or any implementing rule or regulation
promulgated of the Town.
(3)
Any person to place or to cause to be placed any material
other than a designated recyclable in or contiguous to a recycling collection
area.
(4)
Any person to hinder, obstruct, prevent or interfere
with this Town, employees or any other authorized persons in the performance
of any duty under this chapter or in the enforcement of this chapter.
B.
All unlawful conduct set forth in this section shall
constitute a Class A misdemeanor.
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.
A.
Nothing contained in this chapter shall be construed
to interfere with or in any way modify the provisions of any existing contract
in force in the Town on the effective date of this chapter.
B.
No renewal of any existing contract upon the expiration
of the original term thereof and no new contract for the collection, transportation,
processing or purchase of solid waste or recyclables shall be entered into
after the effective date of this chapter unless renewal of such contract shall
conform to the requirements of this chapter.
A.
The Town Code Enforcement Officer, Town Board and/or
Town Attorney is authorized to enforce the provisions of this chapter and
to administer the recycling programs established herein.
B.
The Town Board may adopt and promulgate, amend and repeal
rules and regulations implementing this chapter in order to carry out and
enforce the intent and purposes thereof.
A.
Any person who engages in unlawful conduct as defined
in this chapter may, upon conviction thereof in a proceeding before a court
of competent jurisdiction, be sentenced to imprisonment for a term not to
exceed one year or to a term of community service related to the purposes
of this chapter or to pay a fine of not more than $1,000 and not less than
$50, or any combination of the above penalties.
B.
Each continuing day of violation of this chapter shall
constitute a separate offense.
A.
In addition to any other remedy provided in this chapter,
the Town may institute a suit in equity where unlawful conduct exists as defined
in this chapter for an injunction to restrain a violation of this chapter.
B.
The penalties and remedies prescribed by this chapter
shall be deemed concurrent. The existence or exercise of any remedy shall
not prevent this Town from exercising any other remedy provided by this chapter
or otherwise provided at law or equity.
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.
