[Adopted 8-12-1992 by L.L. No. 2-1992]
This article shall be known as the "Mandatory
Recycling Law of the Town of Eden."
A.
The safe, clean disposal of solid waste is a dilemma
facing every community and is an important public concern. Reduction,
reuse and recycling of solid waste is an important solution which
will aid in the protection and preservation of the environment.
B.
The collection of recyclable materials from all persons
and waste-generating units in the Town will serve the public interest
by reducing the volume of municipal solid waste and, as a result,
protect the environment. This article will require that solid waste
generated within the Town be separated into recyclable, reusable or
other components for which economic markets for alternate uses exist.
This article is intended to comply with the Solid Waste Management
Act of 1988, which requires a source separation law.
C.
To further this intention, the Town of Eden adopts
this article and requires mandatory recycling within the Town effective
September 1, 1992.
As used in this article, the following terms
shall have the meanings indicated:
A person authorized by contract or license with the Town
of Eden to collect solid waste from residential, commercial and institutional
properties under the conditions of this article within the Town of
Eden.
A ninety-six-gallon or sixty-four-gallon container provided
by or purchased from the Town of Eden designated to be used exclusively
for the separate storage and handling of municipal solid waste or
recycling materials. Additional bins or totes may be purchased from
the Town of Eden at prices to be set from time to time by resolution
of the Town Board. Stolen, lost or damaged and unusable bins or totes
must be replaced by the property owner at their sole cost or expense.
[Amended 1-10-2018 by L.L. No. 1-2018; 11-10-2021 by L.L. No. 4-2021]
Large items such as sofas, upholstered chairs, mattresses
and white goods such as refrigerators, stoves, dishwashers, washers,
dryers, etc.
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, repair establishments, banks, motels,
restaurants and other similar and related facilities.[1]
The person within the waste-generating unit directly responsible
for the municipal solid waste and recyclable materials placed at the
roadside for weekly disposal.
An organization or establishment devoted to the promotion
of a particular object or cause, including nursing homes, health facilities,
governmental facilities, libraries or fire halls, etc.
All putrescible and nonputrescible materials that have been
discarded, including garbage, refuse and other solid waste materials
resulting from residential, commercial, agricultural and other community
activities. It shall not include hazardous wastes as defined by the
New York State Department of Environmental Conservation.
Any individual, firm, partnership, association, corporation,
institution or other entity.
The collection of municipal solid waste, bulkies and recyclable
materials where the commercial operator or institution contracts directly
with the private waste hauler of the subscriber's choice.
Those materials specified by the municipality for separate
collection in accordance with recycling regulations. Such materials
shall include, but not be limited to, aluminum products and containers,
metal cans, glass containers, plastics, newsprint, magazines, corrugated
cardboard and mixed or other paper.
[Amended 10-30-2002 by L.L. No. 5-2002]
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.
To separate the recyclable materials from the municipal solid
waste stream at the point of waste generation.[2]
Any living unit or other residential dwelling or municipal,
commercial or institutional establishment which generates municipal
solid waste.
A person, firm, corporation, institution or legal entity
providing for the collection of municipal solid waste and/or recyclable
materials.
Organic yard and garden waste, leaves, grass clippings and
brush.
A.
Town of Eden garbage district fee. The Town will raise
moneys for the collection and disposal of municipal solid waste and
recyclable materials fee by a special district fee on the property
owners of all waste-generating units within the Town of Eden. The
fee will be determined and adopted annually by the Town Board as part
of the Town budget. This garbage district fee pays for the collection
and disposal of municipal solid waste, recyclable materials and bulkies.
B.
Collection of municipal solid waste.
(1)
All municipal solid waste accumulated on any residential,
institutional or commercial property in the municipality shall be
collected and disposed of by the authorized waste hauler under contract
with the Town and in accordance with the provisions of this article.
(2)
Owners and occupiers of residential and commercial,
institutional property are hereby required to make accumulated municipal
solid waste available for collection as scheduled under the terms
of the contract between the Town and collector.
(3)
Each waste-generating unit covered by the Town of
Eden garbage district shall receive one bin or tote to be used exclusively
for storage and handling of municipal solid waste. Such containers
are the property of the Town of Eden. Each waste-generating unit may
place a maximum of two bins or totes for municipal solid waste curbside
for pickup. No other container may be used for curbside pickup of
municipal solid waste in the Town of Eden garbage district.
[Amended 11-10-2021 by L.L. No. 4-2021]
(4)
Bins or totes for municipal solid waste shall not
be transferred from one waste-generating unit to another and must
remain with the property upon the sale or transfer of the property.
[Amended 11-10-2021 by L.L. No. 4-2021]
(5)
No person shall permit any municipal solid waste to
accumulate for a period of longer than seven days upon property owned
by said person in the municipality.
(6)
Owners and occupiers of waste-generating units are
prohibited from placing their bins or totes curbside more than 24
hours before scheduled pickup, and all bins or totes must be removed
from curbside no more than 24 hours after pickup.
[Amended 11-10-2021 by L.L. No. 4-2021]
(7)
Regulations for pickup of yard wastes, bulky wastes, construction
and demolition debris and white goods shall be set from time to time
by resolution of the Town Board and governed by the terms of the municipal
solid waste contract. Such regulations shall be publicized as needed
to reasonably inform owners and occupants of waste-generating units.
Violations of such regulations shall be subject to the same enforcement
and penalties as violations of this article.
[Added 11-10-2021 by L.L.
No. 4-2021]
C.
Town garbage district fee exemption.
(1)
Any commercial, institutional or industrial operation
within the Town of Eden which can provide proof of private subscription
with a waste hauler will be exempted from the garbage district fee.
(2)
Private subscription must be an annual contract which
includes recycling. Proof must be a copy of the contract, submitted
to the Board of Assessors' office, and must be provided annually.
(3)
The private waste hauler must be licensed by the Town
of Eden. In such a case where a commercial operation contracts directly
with a waste hauler, the fee or payment shall be a matter of private
agreement between the owners and occupiers and the waste hauler.
D.
Prohibition. It shall be unlawful for any person to
collect and dispose of any municipal solid waste within the Town of
Eden except as provided in this article.
Municipal solid waste generated or originated
within the Town of Eden which has been left for collection shall be
handled as follows:
A.
Prior to initial collection, source separation shall
be required of each and every person discarding municipal solid waste
and/or recyclable materials. Recyclable materials shall not be commingled
with other solid waste during collection, transportation or storage
following collection.
B.
Waste haulers collecting residential, commercial or
institutional municipal solid waste generated within the Town of Eden
shall refuse to collect solid waste from any such person who has not
properly prepared the recyclable material to the specification of
the waste hauler.
A.
Only authorized waste haulers who are acting under
authority of the Town of Eden shall collect, pick up, remove or cause
to be collected, picked up or removed any solid waste recyclable materials
so placed for collection.
B.
Recyclable materials shall be separated from municipal
solid waste and placed at the roadside for collection. Waste-generating
units or persons shall separate and prepare recyclable materials for
collection as prescribed in the agreement between the Town of Eden
and its waste hauler. Such recyclable materials shall be placed in
bins at the roadside.
C.
Recycling totes.
[Amended 1-10-2018 by L.L. No. 1-2018]
(1)
Each waste-generating unit covered by the Town of Eden Garbage District
shall receive one recycling tote from the Town of Eden. Such totes
are the property of the Town of Eden.
(2)
No other container may be used for curbside pickup of recyclable
materials in the Town of Eden Garbage District.
(3)
Recycling totes may not be transferred from one waste-generating
unit to another and must remain with the property upon sale of the
property.
(4)
Stolen, lost or damaged recycling totes must be replaced by the property
owner at his or her cost.
D.
Recyclable materials shall not be placed in the same
container with municipal solid waste for collection.
E.
Nothing herein shall prevent any person from making
arrangements for the private collection or donation of recyclable
materials prior to the placement at the curbside.
A.
All waste haulers must obtain a solid waste collection
license from the Town of Eden.
B.
A fee for such license shall be set by the governing
body on an annual basis, and all licenses shall be issued for the
calendar year, or such portion thereof remaining. There shall be no
reduction in the license fee for a license issued after the beginning
of any calendar year.
C.
An authorized waste hauler shall prominently display
a Town of Eden sticker on each vehicle operated by or on the behalf
of the authorized waste hauler.
D.
Authorized waste hauler applications may be denied
if the applicant or licensee has been adjudged or administratively
determined to have committed one or more violations of this article
during the preceding calendar year.
A.
Authorized waste haulers shall offer collection services
for all recyclable materials to all waste-generating units on the
same days as services are provided for solid waste collection.
B.
Each waste hauler who shall apply for a license under
this section shall state the manner of collection and the place and
method of disposal of the municipal solid waste recyclable materials
from its residential, commercial, industrial and institutional customers.
C.
Each waste hauler shall maintain separate monthly
records of the solid waste and recyclable materials collected, transported
or disposed of, which include the following information:
(1)
The number of units within the Town of Eden in which
the solid waste and recyclable materials was generated;
(2)
The quantity, by ton, of solid waste and of each type
of recyclable material collected;
(3)
The quantity, by ton, of recyclable material delivered
to a recycling facility(ies) and the location of the recycling facility(ies);
and
(4)
The quantity, by ton, of solid waste delivered to
each facility.
D.
Reports containing the information required as stated
above shall be compiled and delivered to the Town Supervisor or other
designated individual quarterly as follows: January through March,
April through June, July through September and October through December,
but not later than 30 days after the end of each quarter.
E.
Authorized waste haulers shall not accept for collection
municipal solid waste which has not been source-separated in conformity
with this article.
F.
All authorized waste haulers licensed by the Town
of Eden must indemnify and hold harmless the Town of Eden for any
pending, threatened or actual claims, liability or expenses arising
from waste disposal by the authorized waste hauler in violation of
this article.
When the designated public official determines
that a failure to comply with this article may have occurred, he or
she shall recommend to the municipality that the authorized waste
hauler application or the license be denied, suspended or revoked
or its holder subjected to a reprimand or fine or that the generator
or originator of the solid waste or recyclable materials be subject
to sanctions, fines or penalties as described herein. Notice and an
opportunity to be heard shall be provided prior to the denial, suspension
or revocation of a solid waste or authorized waste hauler license
or the issuance of a sanction, fine or penalty.
A.
Notice.
(1)
The designated public official shall notify the affected
generator, applicant or licensee of the alleged failure, in writing.
This notice shall include the following:
(2)
The notice shall be personally served or sent by registered
mail to the generator, applicant or licensee's last known address,
at least 10 days before the hearing date, with a copy to the Town
Supervisor.
B.
Hearing.
(1)
Hearings shall be held before the Town Justice within
a reasonable period, which shall be at least 10 days after service
of notice.
(2)
The generator, applicant or licensee may be represented
by counsel at the hearing and may offer evidence and cross-examine
witnesses.
(3)
Within 20 days after the close of the hearing, the
Town Justice shall:
(a)
Determine whether the alleged failure to comply
with this article has occurred; and
(b)
If the Town Justice determines that such a failure
has occurred, decide whether the generator or applicant shall be subject
to a fine or penalty, the application shall be denied or an existing
solid waste license or authorized waste hauler status shall be suspended
or revoked or its holder subjected to a reprimand and issue an order
carrying out this decision.
D.
Enforcement.
(1)
The Eden Town Board is hereby authorized and directed
to establish and promulgate reasonable rules and policies for the
collection of recyclable materials in accordance with the terms of
this article and any other matters required to implement this article.
(2)
Police officers, code officers and the specified public
servants are hereby authorized and directed to issue appearance tickets
of this article.
(3)
All portions of vehicles and containers used to haul,
transport or dispose of recyclable materials, including such containers
placed outside residences, shall be subject to inspection to ascertain
compliance with this article by any police officer, code officer and
any other public official designated by the Town of Eden.
A.
Penalties for applicants or licensees.
(1)
Any person engaged in the business of collecting municipal
solid waste and/or recyclable materials or rendering solid waste and/or
recyclable services who is not authorized by the Town of Eden or who
picks up, removes or causes to be collected, picked up or removed
municipal solid waste or recyclable materials in a manner not in compliance
with this article shall be guilty of a violation, punishable by a
fine of not less than $2,500 and not exceeding the sum of $5,000.
(2)
Each day such violation occurs or continues to occur
shall constitute a separate violation.
B.
Penalties for waste generators. Failure of a waste
generator to comply with the provisions of this article designated
as violations shall be punishable as follows:
(1)
For the first conviction: by a written warning clearly
stating the nature of the violation and a schedule of fines for future
convictions within one year of the first conviction.
(2)
For the second conviction within one year: by a fine
not less than $40 nor more than $75.
(3)
For the third conviction within one year: by a fine
of not less than $75 nor more than $125.
(4)
For a fourth and each subsequent conviction within
one year: by a fine of not less than $125 nor more than $275.
C.
Any penalties or damages recovered or imposed under
this article are in addition to any other remedies available at law
or equity.
D.
No penalties, fines, civil sanctions or other enforcement
actions will be commenced prior to January 1, 1993, in order to permit
persons regulated hereunder to come into compliance with this article.[1]
[1]
Editor's Note: The Garbage District Policies,
adopted 1-22-1997, are on file in the Town Clerk's office.
