This article shall be known as the "Mandatory
Recycling Law of the Town of Eden."
As used in this article, the following terms
shall have the meanings indicated:
AUTHORIZED WASTE HAULER
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.
BIN or TOTE
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]
BULKIES
Large items such as sofas, upholstered chairs, mattresses
and white goods such as refrigerators, stoves, dishwashers, washers,
dryers, etc.
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, repair establishments, banks, motels,
restaurants and other similar and related facilities.
GENERATOR
The person within the waste-generating unit directly responsible
for the municipal solid waste and recyclable materials placed at the
roadside for weekly disposal.
INSTITUTIONS
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.
MUNICIPAL SOLID WASTE
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.
PERSON
Any individual, firm, partnership, association, corporation,
institution or other entity.
PRIVATE SUBSCRIPTION
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.
RECYCLABLE MATERIALS
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]
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.
SOURCE SEPARATE
To separate the recyclable materials from the municipal solid
waste stream at the point of waste generation.
WASTE-GENERATING UNIT
Any living unit or other residential dwelling or municipal,
commercial or institutional establishment which generates municipal
solid waste.
WASTE HAULER
A person, firm, corporation, institution or legal entity
providing for the collection of municipal solid waste and/or recyclable
materials.
YARD WASTE
Organic yard and garden waste, leaves, grass clippings and
brush.
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.
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:
(a)
A statement of the condition allegedly violated,
referring to the pertinent law, rule or regulation;
(b)
A short and plain statement of the alleged misconduct;
and
(c)
A statement of the time, place and nature of
the hearing.
(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.
C. Determinations, decisions and orders.
(1) Disposition may be made by stipulation, agreed settlements,
consent order, default or other informal method.
(2) The Town Justice shall promptly notify the applicant
or licensee, in writing, of the final determination, decision or order.
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.