[HISTORY: Adopted by the Town Board of the Town of Marilla as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-4-1988 (Ch. 171, Art. I, of the 1999 Code)]
The purpose of this article is to promote and protect the environment of Marilla, its natural features and vegetation, prevent ecological damage and visual blight, protect the character and values of property, preserve the public health and facilitate the collection and disposition of garbage, rubbish and other waste materials.
No landfill, disposal area, public or private dump or transfer station providing for the collection, resource recovery, transfer or disposition or any combination thereof of garbage, ashes, rubbish, collision or demolition materials, toxic or noxious substances, or other waste matter shall be operated in the Town of Marilla.
The provisions of this article shall not apply to any landfill, disposal area, dump, transfer station or related facility operated by the Town of Marilla or pursuant to a contract with the Town Board as authorized by Subdivision 9 of § 198 of the Town Law.
Any person who shall use property for any purpose prohibited by this article shall be guilty of a violation punishable by a fine of not exceeding $250 or by imprisonment for not exceeding 15 days, or both, and by an additional fine of not exceeding $25 for each day that such use is maintained in violation of the provisions herein after written notice of such violation has been served by or on behalf of the Town on such person. In addition, the Town of Marilla may institute any proper action, suit or proceeding to prevent, restrain, correct or abate any violation of this article or to compel or cause the removal or discontinuance of any building, structure or activity maintained in violation of the provisions of this article.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 8-25-1992 by L.L. No. 3-1992 (Ch. 171, Art. II, of the 1999 Code)]
This article shall be known as the "Town of Marilla Mandatory Recycling Law."
The Town Board of the Town of Marilla 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 recyclable, reusable or other components for which economic markets for alternate uses exist 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. Such program will reduce the need for landfills and conserve existing landfill capacity, facilitate the implementation and operation of other forms of solid waste management, conserve natural resources and ensure compliance with the New York State Solid Waste Management Act. The promotion and use of recyclable materials, goods produced from recycled materials and goods which facilitate recycling will further serve the same purposes by encouraging and facilitating recycling.
This article is adopted pursuant to § 10 of the Municipal Home Rule Law of the State of New York.
As used in this article, the following definitions shall apply:
CANS
Containers comprised of aluminum, tin, steel or a combination thereof, which contain or formerly contained only food and/or beverage substances.
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.
DISPOSITION or DISPOSITION OF DESIGNATED RECYCLABLE MATERIALS
The transportation, placement or arrangement for transportation or placement of designated recyclable materials for all possible end uses.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food, but shall not mean animal feces.
GLASS
All clear (flint), green and brown (amber) colored glass containers and crystal, but shall not mean ceramics or plate, window, laminated, mirrored or wired glass.
HAZARDOUS MATERIAL or HAZARDOUS WASTE
A solid waste or a combination of solid wastes which, because of its quantity, concentration or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed. Such materials or wastes shall include, but are not limited to, explosives, hazardous radioactive materials, toxic substances and those substances which have been identified as a hazardous waste pursuant to the above criteria on a list of hazardous waste promulgated by the Department of Environmental Conservation of the State of New York.
NEWSPAPER
Includes newsprint and all newspapers and newspaper advertisements, supplements and enclosures.
PAPER
All high-grade office paper, fine paper, bond paper, xerographic paper, magazines, paperback books, school paper and computer paper, but shall not mean waxed paper or wax-coated food or beverage containers, plastic or foil-coated paper, carbon paper, blueprint paper, food contaminated paper, soiled paper or cardboard.
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 provision of this article prescribing a fine, penalty or term of 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.
PLASTIC CONTAINERS
Containers composed of high-density polyethylenes, polyethylene terephthalate or other specific plastics as the Town Board may designate which contain or formerly contained food and/or beverage substances.
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 material.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, including but not limited to nonrecyclable paper, wrappings, cigarettes, wood, wires, glass, bedding, furniture and similar materials which are not designed recyclable materials.
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, sludges, ashes, contained gaseous material, incinerator residue and construction and demolition debris, but not including designated recyclable materials, solid or dissolved matter in domestic sewage or substances, materials in noncontainerized gaseous form or hazardous materials or waste.
SOURCE-SEPARATE
To separate recyclable materials from the solid waste stream at the point of waste generation.
TOWN
The Town of Marilla, located within the County of Erie, State of New York.
TOWN BOARD
The Town Board of the Town of Marilla.
VEGETATIVE YARD WASTE
Organic yard and garden waste, leaves, grass clippings and brush.
A. 
The program established within the Town for curbside collection of solid waste and recyclable material existing as of the effective date of this article shall be continued. Collection of such solid waste and recyclable material shall be made once each week in accordance with a schedule advertised by the Town.
B. 
The Town Board, by resolution or local law, may expand the curbside program to include, in addition to solid waste, newspaper and glass, the collection in separate containers, bundles or packages, as appropriate, of one or more of the following designated recyclable materials:
(1) 
Paper.
(2) 
Cardboard.
(3) 
Commingled cans and plastic containers.
(4) 
Vegetative yard waste.
(5) 
Other recyclable materials as designated by resolution of the Town Board or local law.
C. 
Solid waste and recyclable materials shall not be placed at curbside earlier than 10:00 a.m. on the day prior to the scheduled collection day.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
All residents of the Town shall, upon the effective date of this article, source-separate newspaper, glass and other designated recyclables from the solid waste and, in the manner designated by the Sanitation Superintendent 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 Town.
A. 
All residential, commercial, industrial and institutional establishments in the Town which utilize private collection of solid waste shall source-separate and arrange for the collection and disposition of all recyclable material. The arrangement for collection of designated recyclables for disposition hereunder shall be the responsibility of the person who owns, manages or operates the residential, commercial, industrial or institutional establishment at which the recyclables are generated, or the person contractually obligated to the generator to arrange for collection and disposal of its solid waste. Said arrangement may include, without limitation, direct marketing of recyclables, contracts with permitted solid waste collector/haulers for separate collection of any or all designated recyclables or direct delivery to a designated processing facility.
B. 
It shall be the duty of any solid waste collector/hauler who is engaged in the private collection of solid waste from any residential, commercial, industrial or institutional establishment located within the Town of Marilla to account, at such times as directed by the Town Board, to the Sanitation Superintendent for the amount of recyclable material and rubbish collected by such solid waste collector/hauler.
All residents of the Town shall, upon the effective date of this article and in the manner designated by the Sanitation Superintendent and during the times specified as being open for collection by the schedule published by the Town, source-separate waste oil and, to the extent not disposed of on their own property, vegetative yard waste by placing them in the appropriate containers or areas located at the recycling collection area established by the Town.
Nothing in this article 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 Sanitation Superintendent and the Code Enforcement Officer are hereby severally authorized to enforce the provisions of this article and to administer the recycling program established herein.
A. 
It shall be unlawful for:
(1) 
Any person other than those persons authorized to collect any designated recyclable which has been placed at the roadside for collection or within a recycling collection area pursuant to this article.
(2) 
Any person to violate or cause to assist in the violation of any provision of this article.
(3) 
Any person to place or cause to be placed any material other than a designated recyclable in or near a recycling collection area.
(4) 
Any person to hinder, obstruct, prevent or interfere with this Town, its employees or any other authorized persons in the performance of any duty under this article or in the enforcement of this article.
B. 
Any unlawful conduct set forth in this section shall constitute a violation.
The Town or any other person 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 article, and the Town may refuse to accept solid waste containing recyclables designated under an applicable section of this article at any solid waste disposal facility owned or operated by the Town.
A. 
Nothing contained in this article 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 article.
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 by any person after the effective date of this article unless renewal of such contract shall conform to the requirements of this article.
Any person, firm, company, corporation, partnership, limited liability company or other entity who engages in unlawful conduct as set forth in any provision of this Article II, Recycling, other than a violation of § 372-15, upon conviction thereof in a proceeding before a court of competent jurisdiction, shall be sentenced to a fine of not more than $100 for a first offense, a fine of not more than $100 and not less than $25 for the second offense and a fine of not more than $100 and not less than $50 for the third and any subsequent offense, or any combination of the above penalties. Each continuing day of violation of this article shall constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
In addition to any other remedy provided in this article, the Town may institute a suit in equity where unlawful conduct exists as defined in this article for an injunction to restrain a violation of this article. The penalties and remedies prescribed by this article shall be deemed concurrent. The existence or exercise of any remedy shall not prevent the Town from exercising any other remedy provided by this article or otherwise provided.
The terms and provisions of this article are to be liberally construed so as to best achieve and effectuate the goals and purposes hereof.