[HISTORY: Adopted by the Town Board of the Town of Marlborough: Art.
I, at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments
noted where applicable.]
This Article shall be designated as the "Local Law Governing Regulations
for the Operation of the Town of Marlborough Transfer Station and Recycling
Center."
The town transfer station and recycling center is located on the tract
of land owned by the Town of Marlborough located on the south side of Bailey's
Gap Road less than two-tenths (0.2) mile west of the intersection of Milton
Cross Road coming from the south, Orchard Road coming from the north and Mahoney
Road winding from the east, as more particularly described as the premises
conveyed by Rose Perilli to the Town of Marlborough by deed dated April 6,
1973, and recorded in the Ulster County Clerk's office in Liber 1296, page
813.
As used in this Article, the following terms shall have the meanings
indicated:
Wastes originating from hospitals, laboratories, nursing homes, clinics
or offices of private doctors and dentists.
Large items of disposable wastes, such as appliances, furniture,
tires, hot-water storage tanks, bathroom fixtures, trees, branches and stumps.
A business conducted within the Town of Marlborough.
Waste materials produced by the demolition of, renovation of or construction
of homes or buildings, to include in-plant waste or waste created in any manufacturing
process.
Those materials that become waste after their use or consumption
in the Town of Marlborough shall be considered eligible to be deposited at
the transfer station. These include bulk materials, construction waste/products
of manufacturing, household waste, waste materials and yard waste.
The air, the water and the earth, sometimes called the "biosphere."
Those wastes not specifically defined in this Article and shall be
governed by the New York State and Ulster County Sanitary Codes.
Any individual(s), society, club, firm, partnership, corporation
or association of persons.
A resource-recovery method involving the collection, separation and
treatment of a disposable waste product for use as a raw material in the manufacture
of the same or a similar product.
Includes every person who resides in the Town of Marlborough.
The handing over, moving or removal of any material which has been
placed at the transfer station and recycling center, except in cases where
town employees are directed to rehandle and arrange material deposited upon
the landfill.
To divide waste into groups of similar materials.
The separation for collection of individual recyclable components
before they become mixed into the solid waste management stream at the point
which they become disposable wastes.
Any waste that is or has the potential to be harmful, destructive,
poisonous or deadly to animal or human life.
Solids or liquids which are discarded or rejected wastes.
Wood chips, shavings, straw, leaves, shrubs, grass clippings, logs,
residential scrap lumber, tree prunings and other vegetable matter from yards
or gardens.
Only businesses and residents of the Town of Marlborough having permits
shall be allowed to deposit disposable waste materials or garbage at the transfer
station or recycling center.
A.
No person shall deposit or leave or cause to be deposited
or left any garbage, tires, appliances or other wastes or disposable wastes
upon any public highway, street or private property, including his own, in
the Town of Marlborough, except at the town transfer station and recycling
center as designated, legally organized and/or maintained by the Town of Marlborough.
B.
No person shall deposit or leave or cause to be deposited
or left any wastes from outside the Town of Marlborough at the transfer station
and recycling center so designated by the Town of Marlborough.
C.
No person shall throw or deposit or cause to be thrown
or deposited garbage or disposable wastes at the transfer station and recycling
center in the Town of Marlborough during the hours when said transfer station
and recycling center is closed.
D.
No person shall deposit or cause to be deposited or left
any garbage or any materials which contain chemical waste, biohazardous waste,
toxic waste, asbestos or poisonous, noxious or noisome waste of any kind in
the Town of Marlborough.
E.
No person shall operate, accumulate, deposit, store or
manage garbage or disposable waste materials, as defined herein, for personal
and/or business purposes on his own private property.
F.
Garbage and disposable waste shall be deposited in the
manner directed by the person in charge of the transfer station and recycling
center under the authority of the Town Board.
G.
No person, firm or corporations shall deposit or leave
or cause to be deposited or left at the transfer station and recycling center
any automobile, motor vehicle or any parts thereof, unless the same shall
be fully dismantled and flattened to permit the same to occupy a minimum of
space.
H.
No private landowner shall accumulate, deposit, store
or manage materials from demolition or by-products of manufacturing, construction
or renovation or any garbage or other waste materials and/or use such materials
as fill, other than clean fill, unless said material is classified as exempt
and allowed to be deposited on private property by the New York State Department
of Environmental Conservation. Any person accepting the delivery and deposit
of said materials into the Town of Marlborough onto his own property will
be held liable for reclamation and compensation for damages resulting from
the acceptance of said materials and shall be subject to each state, federal
and local law.
The operator of any and all vehicles used for the collection and/or
transportation of garbage and other waste materials or articles, while traveling
on the public highway of the Town of Marlborough, shall be responsible so
as to prevent any of the materials thereon from falling upon the road or blowing
from the vehicle in which it is being carried.
No vehicle shall be operated at the transfer station and recycling center
at a rate of speed in excess of ten (10) miles per hour.
The entering upon any part of the transfer station and recycling center,
except at the gate provided for that purpose and at hours designated by signs,
is prohibited.
No person, except the persons employed by the town and placed in charge
of the town transfer station and recycling center, shall kindle, light or
cause to be kindled or lighted or set any fire upon the lands or the town
landfill. No such waste shall be accepted which contains burning or smoldering
materials, and no such waste shall be deposited at the transfer station and
recycling center.
No person shall scavenge upon any part of the lands of the town transfer
station and recycling center.
A.
As a requirement of this Article, bona fide residents
of the Town of Marlborough who dispose of their own garbage must obtain a
resident's permit for dumping. Permits may be paid for and obtained at the
office of the Town Clerk along with a permit sticker. Only vehicles having
said sticker affixed to the drivers side vent window shall be permitted to
deposit items at the transfer station and recycling center.
B.
Permits must be renewed annually and are valid from January
1 until December 31 of the year issued.
C.
Permits are nontransferable from person to person or
vehicle to vehicle.
D.
Residents who have reached the age of sixty-two (62)
before January 1 will be exempt from the permit fee; however, they will not
be exempted from paying the punch card fee.
As a requirement of this Article, bona fide residents of the Town of
Marlborough who use the transfer station must obtain a punch card at the office
of the Town Clerk, which will be used in lieu of cash at all times at the
transfer station and recycling center. There is to be no cash offered or accepted
at the transfer station and recycling center, with no exceptions.
All fees are to be set at the annual reorganizational meeting of the
Town Board of the Town of Marlborough. Fees may be amended at any time by
formal resolution of the Town Board.
All household waste deposited at the transfer station and recycling
center shall be in plastic bags which are securely fastened. The unit charge
will be per each plastic bag weighing not more than thirty (30) pounds.
Debris from residential construction and demolition will be accepted
in units not to exceed one (1) cubic yard. The weight of this debris will
be estimated by the attendant, and the resident will be charged accordingly.
Any amount in excess of one (1) yard must be delivered to the Ulster County
landfill.
All household waste and recyclables are accepted at the transfer station
and recycling center. Any item deemed unacceptable by the attendant will not
be accepted.
Any person violating any of the provisions of this Article shall be
deemed to have committed an offense against this Article and shall be liable
for such violation on the penalty therefor and, upon conviction thereof, shall
be punishable by a fine not exceeding two hundred fifty dollars ($250.) for
each offense or by imprisonment in the county jail for not more than fifteen
(15) days, or by both such fine and imprisonment.
Any person who or whose servants, agents, employees or officers shall
be convicted of a violation hereof may thereafter be denied the use of the
transfer station, either temporarily or permanently, by the office or employee
in charge thereof or by resolution of the Town Board.
