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Town of Aurora, NY
Erie County
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This chapter shall be known as the "Mandatory Recycling Law" of the Town of Aurora.
The reduction, reuse and recycling of solid waste are important public concerns and will aid in the protection and preservation of the environment. The Solid Waste Management Act of 1988 mandates passage of a source-separation ordinance or law by each local municipality within New York State to require that solid waste which has been left for collection or which is delivered by the generator of such waste to a solid waste management facility shall be separated into recyclable, reusable or other components for which economic markets for alternate uses exist. Therefore, the Town of Aurora establishes mandatory recycling within this Municipality.
As used in this chapter, the following terms shall have the meanings indicated:
AUTHORIZED COLLECTOR
A person, individual, partnership or corporation or employer or agent thereof authorized by contract or license with the Municipality to collect solid waste from residential, commercial and institutional properties, as herein defined, under the terms and conditions of this chapter. In the event of municipal collection, this definition shall include the governing body and employees thereof.
BULKIES
Large items, such as sofas, upholstered chairs, mattresses and box springs, but excluding large appliances (white goods), such as refrigerators, stoves, dishwashers, washers, dryers, etc., which are considered recyclable.
COLLECTOR
The person, firm, agency or public body or employee or agent thereof who is engaged in the collection of and/or transportation of solid waste.
COMMERCIAL OPERATIONS
All properties used for industrial or commercial purposes, including but not limited to retail and wholesale establishments, apartments with four or more units, trailer courts, offices, garages, gas stations, manufacturing and repair establishments, banks, motels, restaurants and other similar and related facilities.
CONTAINER
A can, bin, box, bag or other unit used for storage of materials.
FACILITY
Any solid waste management/resource-recovery facility employed beyond the initial solid waste collection process which is to be used, occupied or employed for or is incidental to the receiving, transporting, storage or processing or disposal of solid waste or the recovery by any means of any material or energy product or resource therefrom, including recycling centers, transfer stations, processing systems, resource-recovery facilities, sanitary landfills, plants and facilities for composting or landspreading of solid wastes, secure land burial facilities, reprocessing and recycling facilities, surface impoundments and waste oil storage, incinerators and other solid waste disposal, reduction or conversion facilities.
HAZARDOUS WASTE
Solid waste that is especially harmful or potentially harmful to public health. This shall include but not be limited to explosives, toxic materials and medical waste. For purposes of this chapter, hazardous waste does not include small quantities of such waste available on a retail basis to the homeowner (e.g., aerosol cans, pesticides, fertilizers, etc.)
INSTITUTION
An organization or establishment devoted to the promotion of a particular object or cause, including schools, nursing homes and retirement homes, health facilities, governmental facilities, libraries, fire halls, etc.
MUNICIPAL SOLID WASTE (MSW)
All putrescible and nonputrescible materials, including garbage, refuse and other discarded solid materials, including but not limited to solid waste materials resulting from industrial, commercial and agricultural operations and from community activities. Liquids, semisolids and contained gaseous materials are hereby defined as solid waste. It shall not include solids or dissolved material in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial wastewater effluents, dissolved materials in irrigation return flows or other common water pollutants. In addition, it shall not include hazardous waste.
PERSON
Any individual, firm, partnership, corporation, institution or other entity.
PRIVATE COLLECTOR
A person, firm, corporation or legal entity providing for the collection of MSW and/or recyclable materials. To operate in the Town of Aurora, they shall be required to obtain a license from the Town and be subject to the rules and regulations of the Town.
PRIVATE SUBSCRIPTION
The collection of MSW and recyclable material where the resident contracts directly with the private collector of the subscriber's choice.
RECYCLABLE MATERIALS
Those materials specified by the Town of Aurora for separate collection in accordance with recycling regulations.
A. 
Such materials may include but are not limited to:
(1) 
ALUMINUMAluminum products and containers fabricated primarily of aluminum and commonly used for soda, beer, beverages or other food or drink.
(2) 
METAL CANSContainers fabricated primarily of steel or tin or bimetal cans of steel, tin and/or aluminum, other than aluminum cans.
(3) 
GLASS FOOD AND BEVERAGE CONTAINERSNew and used glass food and beverage containers which have been rinsed and are free of food contamination, including clear (flint), green and brown (amber) colored glass bottles and jars. Glass shall not include ceramics, plate glass, auto glass, Pyrex, leaded glass, mirrored glass or flat glass.
(4) 
PLASTIC FOOD AND BEVERAGE CONTAINERSIncludes high-density polyethylene (HDPE) and polyethylene terephthalate (PET), designated respectively as No. 2 and No. 1 on the recycling code located on the containers.
(5) 
NEWSPRINTCommon, inexpensive machine-finished paper made chiefly from wood pulp and used for newspapers.
(6) 
CORRUGATEDWood-pulp-based material which is usually smooth on both sides with a corrugated center, commonly used for boxes; excludes material with a wax coating.
(7) 
HIGH-GRADE PAPERWhite and colored office bond, duplicating paper, computer paper and other high-quality paper.
(8) 
MAGAZINESMagazines, glossy catalogs and other glossy paper.
(9) 
LARGE APPLIANCESStoves, refrigerators, dishwashers, dryers, washing machines, water heaters and other large appliances and scrap metal, but excluding air conditioners, microwaves and televisions.
B. 
The above materials will be reviewed quarterly and will be modified as the need arises by the Town Engineer or other designated person.
RECYCLING
The separation, collection, processing, recovery and sale or reuse of metals, glass, paper, plastics and other materials which would otherwise be disposed of as solid waste.
RESIDENT
Any person residing within the Town on a temporary or permanent basis, but excluding persons residing in hotels or motels.
RESIDENTIAL PROPERTY
Properties used as dwellings, including buildings having up to three dwelling units in one building. Multiple-dwelling residential buildings containing more than three dwelling units, for purposes of this chapter, shall be treated as commercial properties.
SOLID WASTE MANAGEMENT
The purposeful systematic control of the storage, collection, transportation, processing and disposal of solid waste.
SOURCE-SEPARATE
To separate the recyclable materials from the MSW stream at the point of waste generation.
YARD WASTE
Organic yard and garden waste, leaves, grass clippings and brush.