[HISTORY: Adopted by the Town Board of the Town of Plattekill 3-20-1991
as L.L. No. 1-1991. Amendments noted where applicable.]
The purpose of this chapter is to facilitate the disposal of solid waste
generated within the Town of Plattekill in the most environmentally acceptable
manner possible and to facilitate and encourage the recovery of all recyclable
materials which can be marketed or used for secondary purposes.
As used in this chapter, the following words are intended to include
and be defined as follows:
The Town Board of the Town of Plattekill.
An item of solid waste larger than two feet by two feet by four feet
or heavier than 50 pounds.
A thick paperboard, including but not limited to corrugated cardboard
boxes, corrugated cardboard cartons and similar corrugated materials.
The Recycling Coordinator or his or her assistant for the Town of
Plattekill as appointed by the Town Board.
Any solid waste management plant or site under contract to receive
solid waste originating from within the Town of Plattekill.
The fee charged by any disposal facility under a permit issued by
the Town of Plattekill.
Any material, natural or manufactured, which by itself or in concentrations
with other like or dissimilar materials will contaminate to environmentally
unsafe levels the atmosphere, soil or water, whether above, on or below the
ground.
A building or parcel of land having four or more dwelling units.
A paper product printed on newsprint, including all newspapers, newspaper
advertisements and comic sections. Magazines, telephone directories and books
are excluded from this definition.
A building or parcel of land not used as a residence or a multiple
residence, as defined within this chapter.
Any individual, partnership, association, firm, corporation, company
or any and all combinations of the same acting in concert.
A contractor providing collection of solid waste services in the
town, under the license issued by the Town Board or any body designated by
the Town Board.
A contractor under contract with the Town of Plattekill to provide
collection of recyclables for remanufacture or reuse, subject to the terms
and conditions of said contract with the Town of Plattekill.
Solid waste consisting of newspapers, yard waste, corrugated cardboard
boxes, plastic beverage, food and milk containers, glass bottles and jars,
metal food and beverage cans and such other materials as designated by the
Recycling Coordinator and approved by resolution of the Town Board.
A building or parcel of land having three or fewer dwelling units.
A person residing in a residence.
The unauthorized picking, sorting and removal of solid waste either
before, during or following disposal.
All putrescible or nonputrescible materials or substances discarded
or rejected as being spent, useless, worthless or in excess by the owners
at the time of such discard or rejection, including but not necessarily limited
to garbage, refuse, industrial and commercial waste, yard and agricultural
waste, rubbish, ashes, contained gaseous material, incinerator residue, demolition
and construction debris, discarded automobiles, offal and sludges from air
or water control facilities, but not including sewage and other highly diluted
water-carried materials or substances and those in gaseous form.
Recyclable materials, as specified herein, that are mixed with other
solid waste.
Residential or commercial leaf waste, lawn clippings, brush and fruit
residue.
A.
It shall be the responsibility of all residents of the
town to separate recyclable materials from all residential solid waste and
place them out for collection or to bring them to the recycling center in
the manner described in separate rules, as promulgated by the Town Board by
resolution and annexed to this chapter as Table A.[1]
[1]
Editor's Note: Table A is on file in the office of the Town Clerk,
where it may be examined during regular business hours.
B.
Prior to placement for collection and removal, glass
and metal recyclables shall be cleaned, and all contents shall be removed
therefrom; caps shall be removed from glass recyclables; paper labels shall
be removed from metal recyclables; and all neck rings and styrofoam shall
be removed from containers.
C.
It shall be unlawful for any person to collect and dispose
of solid waste which consists of recyclable materials combined with other
forms of solid waste.
D.
All persons owning or otherwise responsible for the management
of businesses, schools, mobile home parks, business centers or government
offices shall provide for the separate collection of recyclables and recyclable
materials as described in Table A, as previously described.[2]
[2]
Editor's Note: Table A is on file in the office of the Town Clerk,
where it may be examined during regular business hours.
Scavenging within the Town of Plattekill is prohibited. As used herein,
scavenging shall include the removal of recyclables set out for collection.
A.
The Recycling Coordinator, the Sanitary Landfill Inspector
and any other person designated by the Board shall be authorized to inspect
the following, for the purpose of determining if any person has failed to
comply with any provisions of any section of this chapter:
B.
The Recycling Coordinator, the Sanitary Landfill Inspector
and any other person designated by the Board shall be authorized to turn away
and deny access to any person delivering a load of solid waste which includes
or contains recyclable materials to the town's sanitary landfill.
A.
For a first conviction: a written warning, with no fine.
The violator will be given a set of verbal or written instructions on how
to recycle. The Recycling Coordinator will keep a record of the first violation
at the Plattekill Town Hall and at the Plattekill Recycling Center.
B.
For a second conviction within one year: a fine of not
less than $25 nor more than $75.
C.
For a third conviction within one year: a fine of not
less than $75 nor more than $150.
D.
For a fourth and each subsequent conviction within one
year: a fine of not less than $150 nor more than $250.
This chapter shall take effect upon publishing and posting and upon
filing a copy with the Secretary of State; provided, however, that in order
to effect an orderly implementation of this chapter, taking into account market
conditions, availability of containers and other equipment and other such
factors as may bear upon the effectiveness of this chapter, the Board is empowered
to phase in the application of this chapter to recyclable materials, other
than newspapers, by public notice published in two newspapers of general circulation
within the Town of Plattekill, no less than 60 days prior to the date of application
of this chapter to recyclable material other than newspapers. Notice given
pursuant to this section shall include a description of the containers or
other methods to be used for the placing of recyclables for pickup.
