Whereas the Town Board recognizes that a sound solid waste management
program is of importance to the economic welfare and long-range preservation
of the health, safety and well-being of the residents of Rhinebeck and whereas
the conservation, recovery and reuse of recyclable materials is now a necessity
in order to conserve natural resources, reduce the impact of the ever-increasing
cost of solid waste disposal, ensure safe processing of solid waste, maximally
reduce the quantity of solid waste that must be disposed of and preserve capacity
at solid waste management/resource recovery facilities and whereas it is the
intent of the Town of Rhinebeck to establish a comprehensive solid waste management
plan in the Town, it is the purpose of this chapter of the Code of the Town
of Rhinebeck to regulate, as a proper governmental function, the disposal
of all solid wastes, including separated recyclables, by all persons within
the municipality.
This chapter is adopted pursuant to § 10 of the Municipal
Home Rule Law (§ 2047-t, Subdivision 3, of the Public Authorities
Law).
As used in this chapter, the following terms shall have the following
meanings:
ALUMINUM PRODUCTS
Uncontaminated aluminum packaging, such as pie plates and frozen
dinner trays.
BULKY ITEMS
Items smaller than furniture but too large to dispose of in a garbage
bag. Examples include a stroller, suitcase, clothes basket, child's swimming
pool or mirrors.
CANS
Containers comprised of aluminum, tin, steel or a combination thereof
which formerly contained only food and/or beverage substances.
CARDBOARD
All corrugated cardboard normally used for packing, mailing, shipping
or containerizing goods, merchandise or other material but excluding plastic,
foam or wax-coated or soiled cardboard.
COMMERCIAL SECTOR
Businesses operated for profit, including manufacturing, wholesale
and retail establishments.
COMMINGLED
Source-separated, nonputrescible, noncontaminated recyclable materials
that have been placed in the same container.
COMPUTER PAPER
Bond paper specially manufactured for computer printouts.
FURNITURE
Items normally used in a home which equip it for living, excluding
appliances and including but not limited to chairs, tables, sofas, beds and
carpets.
GARBAGE
Putrescible waste incident to and resulting from the use, preparation,
cooking and consumption of food.
GLASS
Only clear, green and brown jars and bottles, both transparent and
translucent, made from silica or sand, soda ash and limestone.
HAZARDOUS WASTE
A solid waste, or a combination of solid wastes, which because of
its quantity, 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. Such materials
or wastes shall include, but are not limited to, explosives, radioactive materials,
toxic substances and those substances which the state has identified as hazardous
wastes pursuant to the above criteria and has included on a list of hazardous
wastes promulgated by the Department of Environmental Conservation. Examples
of "hazardous waste" include motor lubricants, antifreeze, pesticides, toxic
cleaners and polishes, paints and varnishes.
MAGAZINES
All paper-covered, coated-paper periodical publications, including
catalogs.
MAJOR APPLIANCES
Large and/or bulky household appliances (refrigerators, washers,
dryers, stoves, etc.) ordinarily operated by gas or electricity.
NEWSPAPER
All uncontaminated paper commonly referred to as newsprint, and shall
include all supplements and comics but exclude all glossy inserts.
OFFICE PAPER
All white bond paper, including stationery, photocopy and ledger
from commercial and institutional waste generators but excluding computer
paper.
PERSON
Any natural person, individual, partnership, copartnership, association,
owner or manager of a business, commercial or industrial establishment, joint
venture, corporation, trust, estate or any other legal entity inclusive of
a municipality or any other waste generator in the Town of Rhinebeck. The
term shall include any Village of Rhinebeck residents who choose to utilize
the Town of Rhinebeck facilities for the purpose of solid waste disposal.
PLASTIC
All containers made from high-density polyethylene (HDPE) and polyethylene
terephthalate (PET), bearing the numbers two and one, respectively, within
the recycling arrows stamped on the container, or other polymers that may
be designated as recyclable materials in accordance with this chapter once
economic markets exist.
RECYCLABLE MATERIAL AND RECYCLABLES
Those materials specified by the municipality for collection and
reclamation in accordance with this chapter. Such materials may include but
shall not be limited to magazines, newspapers, plastics, food and beverage
cans and clean green glass, brown glass and clear glass containers. The list
of "recyclable materials" may be changed from time to time by the municipality.
RECYCLERS
Those who deal with recyclable materials as collectors, separators
and marketers. This definition shall include not-for-profit corporations and
charitable organizations which collect recyclables for fund-raising purposes.
RECYCLING
Any process by which materials which would otherwise remain part
of solid waste are collected, separated or processed and returned to the economic
mainstream in the form of raw materials or products.
RECYCLING DROPOFF
Any facility designed and operated for the receiving and storing
of acceptable separated recyclables.
SOLID WASTE
All materials or substances discarded or rejected within the municipality
as being spent, useless, worthless or in excess to the owners at the time
of such discard or rejection.
SOURCE SEPARATION
The segregation of recyclable materials from the solid waste stream
at the point of generation for separate collection, sale or other disposition.
STATE
The State of New York.
TRANSFER STATION
The facility for the collection and transfer of recyclable materials
and other portions of the solid waste stream, specifically the Town of Rhinebeck
Transfer Station.
YARD WASTE
Grass clippings, leaves, garden debris, brush and cuttings from shrubs,
hedges and trees.
In addition to the recyclable materials defined in §
95-3 of this chapter, based on market availability, technology or other factors, the municipality is empowered to designate and alter the list of recyclable materials. (Said list shall include, but not be limited to, glass, magazines, newspapers, corrugated cardboard, metal food and beverage containers and PET and HDPE plastics.) Such designation or alteration shall be made in writing, published in the official newspapers of the municipality, and shall take effect 14 days after such publication.
A program is hereby established for the disposal of solid waste, including
separation of recyclable materials, within the municipality. All persons shall
separate recyclable materials from solid waste before either setting out solid
waste for collection pursuant to lawful procedure or disposing of it at an
authorized transfer station.
Records reflecting the tons of recyclable materials and solid waste
collected shall be maintained by the municipality.
All scrap metals shall be separated from other solid wastes and, when
so separated, shall be accepted for recycling at the transfer station. Fees,
if necessary, shall be established by the Town Board.
Motorized vehicles defined as junked under Town municipal law shall
not be accepted for disposal by the municipality. Legal disposal is available
through various local scrap dealers.
All furniture and other bulky items shall be separated from other solid
waste and, when so separated, shall be accepted for disposal at the transfer
station for a fee to be established by the Town Board. This section does not
prohibit donations of furniture or bulky items for reuse.
All construction and demolition debris shall be separated from other
solid waste and disposed of in accordance with County regulations. No provisions
for disposal of such debris shall be made by the municipality. Legal disposal
is available through various local private carting companies.
Paint, pesticides and other hazardous wastes must be separated from
other solid wastes and kept by the owner for disposal at special collections
designated by the municipality or County.
Any oils used in any engine must be separated from other solid wastes
and disposed of at a service facility accepting such oils.
It shall be unlawful for any person:
A. Other than those persons authorized, to collect any recyclable
material which has been placed at the curb or roadside for collection or within
a recycling dropoff site pursuant to this chapter or to scavenge or remove
any articles from any containers.
B. To violate or to assist in the violation of any provision
of this chapter.
C. To place or to cause to be placed any material other
than recyclable material in or near a recycling dropoff.
D. To hinder, to obstruct, to prevent or to interfere with
the municipality or any other authorized persons in the performance of any
duty under this chapter or in the enforcement of this chapter.
E. To commingle any designated recyclable material with
solid waste for the purpose of disposal.
F. To dispose of tires, auto batteries, scrap metals or
household appliances by any means except at the transfer station, through
a retail outlet or scrap processor or by other legal means.
G. To dispose of solid waste items in any manner not prescribed
in this chapter.
The municipality shall have the exclusive authority to sell special bags for the purpose of disposal of garbage and other household wastes not covered in §§
95-8 through
95-15 of this chapter and to set and collect fees for the acceptance and disposal of other solid wastes as it sees fit.
The municipality may from time to time promulgate rules and regulations
consistent with the provisions of this chapter in order to effect the purposes
thereof.