This article shall be known as the "Town of North Greenbush Recycling Law" and is enacted as Chapter
113, Article
III, of the North Greenbush Town Code.
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:
CANS
Containers comprised of aluminum, tin, steel or a combination
thereof which contain or formerly contained only food and/or beverage
substances.
CARDBOARD
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.
COMMINGLED
Source-separated, nondecomposable, noncontaminated recyclable
materials that have been placed in the same container.
GARBAGE
Decomposable animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
GLASS
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.
HAZARDOUS MATERIAL or HAZARDOUS WASTE
A solid waste or a combination of solid wastes which, because
of its quality, concentration or physical, chemical or infectious
characteristics, may:
A.
Cause or significantly contribute to an increase
in mortality or an increase in serious irreversible or incapacitating
reversible illness; or
B.
Pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported or disposed of or otherwise managed.
MULTIRESIDENTIAL COMPLEX
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.
NEWSPAPER
Includes newsprint and all newspapers and newspaper advertisements,
supplements, comics and enclosures.
PAPER
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.
PERSON
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.
PLASTIC CONTAINERS
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.
RECYCLABLE MATERIAL
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.
RECYCLABLES
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.
RECYCLING
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.
RECYCLING COLLECTION AREA
Any facility designed and operated solely for the receiving
and storing of source-separated designated recyclable materials.
RESIDENCE
A building or parcel of land having three or fewer dwelling
units.
RESIDENT
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.
RUBBISH
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.
SOLID WASTE
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.
SOURCE-SEPARATE
To separate recyclable materials from the solid waste stream
at the point of waste generation.
TOWN
The Town of North Greenbush located within the County of
Rensselaer, State of New York.
TOWN BOARD
The Town Board of the Town of North Greenbush.
No person shall engage in the business of collecting
solid waste or otherwise render services to anyone without a permit
as hereinafter provided.
[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.
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.
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.
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.
The terms and provisions of this article are
to be liberally construed so as to achieve and effectuate the goals
and purposes hereof.
All provisions of any other local law or ordinance which are inconsistent with the provisions of this article are hereby repealed. This article is not, however, intended to supersede Article
I or
II of this chapter, but shall apply independently of and in addition to said Article
I of this chapter.
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.