[Adopted 9-27-1990 as L.L. No. 15-1990]
The Town Board of the Town of North Greenbush
finds that the reduction of the amount of solid waste and the conservation
of recyclable materials are important public concerns. The separation
and collection of newspaper, paper, cardboard, glass, cans, plastic
containers, vegetative yard waste and other materials for recycling
from the residential, commercial, industrial and institutional establishments
in the Town will protect and enhance the Town's physical and visual
environment as well as promote the health, safety and well-being of
persons and property within the Town, conserving natural resources,
assisting the Town in complying with the mandates of the laws codified
in New York State Environmental Conservation Law § 27-0704,
ensuring conformation with the New York State Solid Waste Management
Plan and facilitating the development and implementation of a solid
waste management plan for the Town. The promotion and use of recyclable
materials, goods produced from recyclable materials and goods which
facilitate recycling will further serve the same purposes by encouraging
and facilitating recycling.
This article is adopted pursuant to § 10
of the Municipal Home Rule Law of the State of New York.
As used in this article, the following definitions
shall apply:
Containers comprised of aluminum, tin, steel or a combination
thereof which contain or formerly contained only food and/or beverage
substances.
All corrugated cardboard normally used for packing, mailing,
shipping of containerizing goods, merchandise or other material, but
shall not mean wax-coated or soiled cardboard.
Source-separated, nondecomposable, noncontaminated recyclable
materials that have been placed in the same container.
The transportation, placement or arrangement for transportation
or placement of designated recyclable materials for all possible end
uses.
Decomposable animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
All clear (flint), green and brown (amber) colored glass
containers, crystal, ceramics, and plate, window, laminated or mirrored
glass, but shall not mean wired glass.
A solid waste or a combination of solid wastes which, because
of its quality, concentration or physical, chemical or infectious
characteristics, may:
Cause or significantly contribute to an increase
in mortality or an increase in serious irreversible or incapacitating
reversible illness; or
Pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported or disposed of or otherwise managed.
Four or more residential units located on a single property
or continuous properties under common ownership, control or management.
For this purpose, "residential unit" shall mean an enclosed space
consisting of one or more rooms designed for use as a separate residence
and shall include, but not be limited to, an apartment, condominium
unit, townhouse cooperative unit, mobile home, living unit in a group
home and a room or set of rooms in a boardinghouse, but shall not
include rooms within a single-family residence, motel or hotel.
Includes newsprint and all newspapers and newspaper advertisements,
supplements, comics and enclosures.
All high-grade office paper, fine paper, bond paper, office
paper, xerographic paper, mimeo paper, duplication paper, magazines,
paperback books, school paper, catalogs, junk mail, computer paper,
telephone books and similar cellulosic material, but shall not mean
newspaper, wax paper, plastic or foil-coated paper, styrofoam, wax-coated
food and beverage containers, carbon paper, blueprint paper, food-contaminated
paper, soiled paper and cardboard.
Any individual, firm, partnership, company, corporation,
association, joint venture, cooperative enterprise, trust, municipality,
other governmental agency or any other entity or any group of such
persons which is recognized by law as the subject of rights and duties.
In any provisions of the article prescribing a fine, penalty or imprisonment,
the term "person" shall include the officers, directors, partners,
managers or persons in charge of a company, corporation or other legal
entity having officers, directors, partners, managers or other persons
in charge.
Containers composed of high-density polyethylenes, polyethylene
terephthalate or other specific plastics as the Town Board may designate,
which contain or formerly contained only food and/or beverage substances.
A material which would otherwise become solid waste, which
can be collected, separated and/or processed, treated, reclaimed,
used or reused to produce a raw material or product.
Those recyclable materials designated by this article and/or
by resolution of the Town Board pursuant to this article to be source-separated.
The term includes, but is not limited to, newspaper, glass, paper,
cardboard, cans, plastic containers and vegetative yard waste.
Any process by which materials, which would otherwise become
solid waste, are collected, separated and/or processed, treated, reclaimed,
used or reused to produce a raw material or product.
Any facility designed and operated solely for the receiving
and storing of source-separated designated recyclable materials.
A building or parcel of land having three or fewer dwelling
units.
Any person residing in a residence within the Town on a temporary
or permanent basis, but excluding person residing in hotels or motels.
For purposes of this article, "resident" does not include commercial,
industrial or institutional establishments.
Decomposable solid wastes consisting of both combustible
and noncombustible wastes, including but not limited to nonrecyclable
paper, wrappings, wood, wires, bedding, furniture and similar materials
which are not designated recyclable materials.
All decomposable and nondecomposable materials or substances
discarded or rejected as having served their original intended use
or as being spent, useless, worthless or in excess to the owner at
the time of such discard or rejection, including garbage, refuse,
litter, rubbish, construction and demolition debris, discarded automobiles
and offal, but not including designated recyclable materials, solid
or dissolved matter in domestic sewage or substances, materials in
noncontainerized gaseous form or hazardous materials or waste.
To separate recyclable materials from the solid waste stream
at the point of waste generation.
The Town of North Greenbush located within the County of
Rensselaer, State of New York.
The Town Board of the Town of North Greenbush.
Organic yard and garden waste, leaves, grass clippings and
brush.
No person shall engage in the business of collecting
solid waste or otherwise render services to anyone without a permit
as hereinafter provided.
A.
Solid waste collection service permit.
(1)
A permit application shall be made in writing on the form prescribed by the Town Clerk, submitted to the Town Clerk and accompanied by a fee as provided in Chapter 95, Fees.
[Amended 11-14-1991 by L.L. No. 9-1991]
(2)
The application shall contain the name of the applicant
or, if a partnership or corporation, the names of all partners, officers
and directors. If the applicant is a corporation which is wholly or
partially owned by another corporation, the parent corporation shall
be identified, together with the names of the officers and directors
of the parent corporation.
B.
Conditions of permit.
(1)
No permit shall be issued to provide solid waste services
to residential and/or nonresidential establishments and multiple residences
unless the applicant can demonstrate the ability to collect, store
and handle recyclables separately from other solid wastes.
(2)
A permit shall expire on December 31 of the year in
which it is issued, unless sooner revoked.
(3)
A person to whom a permit has been issued shall not
transfer, assign or allow any other person to use the permit.
(4)
No person shall use a permit issued to another person.
A.
Upon the effective date of this article, there is established within the Town a program ("curbside program") for separate collection of newspaper. Said curbside program shall apply to residences as defined herein, to multiresidential complexes in accordance with § 113-27 of this article and to commercial, industrial and institutional establishments in accordance with § 113-29 of this article, as phased in by official resolution.
B.
Collection of newspaper pursuant to the curbside program
established by this section shall be made once each week. Collection
shall occur in accordance with a schedule advertised by each private
hauler licensed by the Town and shall commence no later than 60 days
after the effective date of this article.
C.
Expansion of program.
(1)
The Town Board, by resolution, may expand the curbside
program to include, in addition to newspaper, the collection in separate
containers, bundles or packages, as appropriate, of one or more of
the following designated recyclable materials:
(2)
Said expanded curbside program shall be established at all times 60 days after designation and publication of notice in an official newspaper of the Town or a newspaper of general circulation within the Town. Said expanded curbside program shall apply to multiresidential complexes in accordance with § 113-27 of this article and to commercial, industrial and institutional establishments in accordance with § 113-29 of this article.
D.
Collection of designated recyclable materials added to the curbside program pursuant to Subsection C above shall occur in accordance with a schedule advertised by private haulers licensed by the Town.
E.
All residents of the Town shall, upon the applicable
effective date of this article, source-separate newspaper and other
designated recyclables in the manner designated by the date specified
for collection by the schedule published by the hauler and place them
at the side of the road fronting their residences or at such other
location at or near the residence as is agreeable to the person who
is collecting the material.
[Amended 11-14-1991 by L.L. No. 9-1991]
Designated recyclables placed at the roadside or other location by residents for collection pursuant to the curbside program established pursuant to § 113-25 of this article shall be prepared for collection in accordance with regulations promulgated by the Town.
A.
In any area designated by the Town Board subject to a curbside program established pursuant to § 113-25 of this article, there is also established a program ("private collection program") for the source-separation, collection and delivery of newspaper and any other designated recyclable material included in the curbside program from residents of multiresidential complexes.
B.
The owner, manager or superintendent of every multiresidential complex subject to Subsection A above shall provide and maintain, in a neat and sanitary condition, recycling collection areas to receive newspaper and other designated recyclables included in the curbside program which are generated by residents of the complex. In cases where a condominium, trailer park, cooperative, homeowner or similar association exists, the association shall be responsible for provision and maintenance of the recycling collection areas. Said recycling collection areas shall be established and capable of receiving newspaper within 60 days of the effective date of this article.
C.
Once the recycling collection area for a particular
multiresidential complex has been established and is capable of receiving
newspaper and other designated recyclables as may be included in or
added to the curbside program, all residents of such complex shall
source-separate such materials by placing them in the appropriate
containers or areas within the collection area.
D.
The owner, manager or superintendent of each multiresidential complex subject to Subsection A above shall arrange for the collection for recycling of newspaper and other designated recyclables from the recycling collection areas.
E.
The number and design of the recycling collection
areas required by this section of each multiresidential complex shall
be consistent with guidelines provided by the haulers/Town.
Designated recyclables required to be placed in recycling collection areas pursuant to § 113-27 of this article shall be prepared for collection in accordance with regulations promulgated by the Town.
A.
All commercial, industrial and institutional establishments within an area of the Town subject to a curbside program established pursuant to § 113-25 of this article shall source-separate and arrange for the collection for recycling of: newspaper and paper within 60 days of the establishment of the curbside program, and any and all other designated recyclables as may be included in or added to such curbside program within 60 days of such inclusion in or addition to the curbside program.
B.
Designated recyclables for the mandatory commercial,
industrial and institutional source-separation program may consist
of the following materials:
(1)
Newspaper.
(2)
High-grade paper, including but not limited to white
letterhead paper, white bond paper, white typing paper, white copier
paper, white notepad paper, white writing paper, white envelopes without
glassine windows, other nonglossy white paper without plastic, computer
printout paper, computer tab cards and white onionskin paper.
(3)
Corrugated cardboard.
(4)
Glass containers, plastic containers and cans generated
by food and beverage service establishments.
(5)
Vegetative yard waste.
(6)
Other recyclable materials as designated by resolution
of the Town Board at all times 30 days after said designation and
publication of notice in an official newspaper of the Town or a newspaper
of general circulation within the Town.
C.
The arrangement for collection of designated recyclables
for disposition hereunder shall be the responsibility of the person
who owns, manages or operates the commercial, industrial or institutional
establishment at which the recyclables are generated ("generator")
or the person contractually obligated to the generator to arrange
for collection and disposal of its solid waste. Said arrangements
may include, without limitation, direct marketing of recyclables,
contracts with permitted solid waste collector/haulers for separate
collection of any and all designated recyclables, contracts with other
persons for separate collection of any and all designated recyclables
or direct delivery to a designated processing facility.
Nothing in this article shall be construed as
preventing any person from utilizing vegetative yard waste for compost,
mulch or other agricultural, horticultural, gardening or landscaping
purposes.
The Building Department is authorized to enforce
the provisions of this article and to administer the recycling program
established herein.
A.
It is unlawful for any person:
(1)
Other than those persons so authorized, to collect
any designated recyclable which has been placed at the roadside for
collection pursuant to this article.
(2)
To violate or to cause or to assist in the violation
of any provision of this article or any implementing rule or regulation
promulgated by the Town.
(3)
To place or to cause to be placed any material other
than a designated recyclable in or near a recycling collection area.
(4)
To throw, dump, deposit or place, or cause to be thrown,
dumped, deposited or placed, upon private lands or public lands within
the Town, any refuse, trash, garbage, rubbish, litter, paper, newspaper,
cardboard, glass, cans, plastic containers and vegetative yard waste.
B.
All unlawful conduct set forth in this section shall
constitute a violation.
Any person collecting solid waste generated
within this Town may refuse to collect solid waste from any person
who has clearly failed to source-separate recyclables designated under
an applicable section of this article.
A.
Any person who engages in unlawful conduct as defined
in this article may, upon conviction thereof, in a proceeding before
a court of competent jurisdiction, be sentenced to imprisonment for
a term not to exceed 15 days or to pay a fine of not more than $250
and not less than $100, or any combination of the above penalties.
B.
Each continuing day of violation of this article shall
constitute a separate offense.
A.
In addition to any other remedy provided in this article,
the Town may institute a suit in equity where unlawful conduct exists
as defined in this article for an injunction to restrain a violation
of this article.
B.
The penalties and remedies prescribed by this article
shall be deemed concurrent. The existence or exercise of any remedy
shall not prevent this Town from exercising any other remedy provided
by this article or otherwise provided at law or equity.
The terms and provisions of this article are
to be liberally construed so as to achieve and effectuate the goals
and purposes hereof.
The Town Board shall have the authority to adopt,
by resolution, such rules and regulations as are necessary to implement,
administer and carry out the provisions of this article.
