[Adopted 9-10-1991 by L.L. No. 2-1991]
The Town Board of the Town of Somerset 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 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 by minimizing
the potential adverse effect of landfilling, facilitating the implementation
and operation of other forms of solid waste management, conserving
natural resources and assisting the Town in complying with the mandates
of the New York State Solid Waste Management Act of 1988.[1] 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.
[1]
Editor's Note: See Environmental Conservation Law § 27-0101
et seq.
For the purposes of this article, the following terms, phrases,
words and derivatives shall have the following meanings:
The person or persons designated by resolution of the Town
Board to monitor and enforce this article. The Town Board shall act
as Administrator unless a separate designation is made.
Includes but is not limited to the following products and
their empty containers: insecticides, herbicides, petroleum products,
caustic chemicals, paint and batteries. "Hazardous wastes" generally
display one or more of the qualities of ignitability, corrosivity,
reactivity or toxicity.
That portion of the waste stream not included under recyclables
and not treated separately as hazardous waste under § 27-0903
of the New York State Environmental Conservation Law; source, special
nuclear or by-product material as defined in the United States Atomic
Energy Act of 1954; or low-level radioactive waste as defined in § 29-0101
of the New York State Environmental Conservation Law.
"Nonrecyclables" include but are not limited to the following:
GARBAGEPutrescible solid waste, including animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking or serving of foods. "Garbage" originates primarily in home kitchens, storage areas, markets, restaurants and other places where food is stored, prepared or served.
RUBBISHRags, sweepings, rubber, leather, excelsior, crockery, shells, clothing, straw, dirt, filth, ashes, wastepaper and similar waste material.
LARGE HOUSEHOLD FURNISHINGSLarge and/or bulky articles actually used in the home and which equip it for living (such as chairs, sofas, tables, beds, carpets and large appliances).
CONSTRUCTION AND DEMOLITION DEBRISWaste resulting from construction, remodeling, repair and demolition of structures, road building and land clearing. Such wastes include but are not limited to bricks, concrete and other masonry materials, soil, rock spoils, paving material and tree or brush stumps.
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
person which is recognized by law as the subject of rights and duties.
In any provisions of this 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.
Any materials which can be collected, separated and/or processed,
treated, reclaimed, used or reused to produce a raw material or product,
which materials include, but are not limited to the following:
Paper, clean and unsoiled, including newsprint, newspapers,
news advertisements, supplements, comics and enclosures, corrugated
boxes, cardboard, cardboard cartons and similar corrugated materials.
Unbroken glass, glass bottles or types of containers, but not
including dishes, crockery, ceramics, window glass, safety glass or
Pyrex-type glass.
Metals limited to bimetal cans, tin-plated steel cans, aluminum
containers and aluminum household items.
Plastic containers normally found in the household, including
containers used primarily for laundry products, dishwashing detergents,
milk, water and similar items including PET (polyethylene terephthalate)
and HDPE (high-density polyethylene) and other common plastic resin
types.
Such other items and materials, including garden and yard waste
as may later be included pursuant to agreement between the Town and
its refuse collection contractor; provided, however, that 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.
Includes all recyclables and nonrecyclables which make up
the waste stream eligible for curbside pickup under this article.
"Waste material" does not include dead animals, fecal matter or material
treated separately as hazardous waste under § 27-0903 of
the New York State Environmental Conservation Law; source, special
nuclear or by-product material as defined in the United States Atomic
Energy Act of 1954; or low-level radioactive waste as defined in § 29-0101
of the New York State Environmental Conservation Law.
A.
Upon the effective date of this article, there is hereby established
a program for the separation, preparation for collection and collection
of waste materials. The program shall be under the supervision of
the Town of Somerset, its Administrator and its collection agent or
contractor.
B.
The Town Board and its Administrator will determine recyclables and
units required to recycle and notify Town residents by publishing
said information in the official Town newspaper or newspapers at least
30 days before said declaration will be incorporated into the Town
program.
D.
The Town of Somerset, its Administrator and its collection agent
or contractor shall have no obligation to pick up and remove any waste
material not prepared for collection in accordance with this article.
E.
The Town of Somerset, its Administrator and its collection agent
or contractor shall have no obligation to pick up and remove any waste
material which was not used in the residence or business or other
establishment and subject to the Town's contracts for garbage and
recycling.
F.
The Town of Somerset, its Administrator and its collection agent
or contractor shall have no obligation to pick up or remove any waste
material which is not provided for pursuant to the Town's contract
for waste removal with a contractor or otherwise provided for by a
Town-administered pickup and removal program. Certain businesses,
industries and residences may not be provided for in Town of Somerset
pickup and removal programs.
No person shall dispose of waste material for collection by
the Town except as follows:
A.
Waste material shall be prepared for collection in accordance with Subsection A(1) through (4) of this section.
(1)
Each person shall provide separate, sealable, galvanized-iron cans
or other suitable sanitary sealable containers or heavy-duty plastic
bags for nonrecyclables unless stipulated otherwise in this article.
Such cans or containers shall not exceed 30 gallons' capacity
and, when filled, shall not exceed 60 pounds in weight. All cans or
containers shall be placed at the curb or roadside for collection.
(2)
Recyclable aluminum, cans and items, glass bottles and plastic items
shall be separated from nonrecyclables and placed in the recyclable
collection container.
(3)
Recyclable metal cans, aluminum, cans, glass and plastic containers
and other items so separated shall be rinsed of contents and placed
in the recyclable collection container.
(4)
Newsprint shall be separated from nonrecyclables and either placed
in the recyclable container or properly secured into bundles not to
exceed 25 pounds in weight and placed at the curb or in the recyclable
container or roadside next to the recyclable container for collection.
Effort is to be made to keep the newsprint clean and dry and contamination
free.
(5)
Other items to be included for recycling are to be prepared as set
forth from time to time by resolution of the Town Board according
to such expansions of the curbside collection program as may be established
by the Town from time to time.
(6)
One recyclable container shall be provided by the Town to each unit
and shall conform in color, logo, shape and material and other specifications
to the material established from time to time by the Town Board. Replacements
may be purchased from the Town at an amount to be determined by the
Town Board. Recycling containers shall be the property of the Town
and must remain on the premises of the household.
B.
The municipality may change classification of nonrecyclables to recyclables,
as defined herein, in the event it determines that reclassification
is cost-effective or that economic markets exist for that product.
The municipality shall notify all generators of the change in classification.
[Added 3-8-1994]
Waste materials shall be collected in a manner consistent with
the terms of the Town of Somerset collection contract.
A.
When any person properly places any recyclable materials at or near
any curb, sidewalk, street or road for the purposes of collection
by the Town of Somerset or its contractor, those recyclable materials
shall thereupon immediately become the property of the Town of Somerset
or its authorized agent. No person not acting under authority of the
Town of Somerset or its authorized agent shall collect, pick up, remove
or cause to be collected, picked up or removed any recyclable materials
so placed for collection; each such unauthorized collection, pickup
or removal shall constitute a separate violation of this article.
B.
Notwithstanding the provisions of Subsection A, where the Town or its agent or contractor has refused to collect certain recyclables because they have not been placed or treated in accord with the provisions of this article, the person responsible for initially placing those materials for collection may and shall promptly remove those materials from any curb, sidewalk, streetside or roadside and assume possession, control and responsibility for the proper disposal of the same.
C.
Nothing herein shall prevent any person from making arrangements
for the private collection of recyclables, provided that recyclables
to be privately collected shall not be placed curbside on or immediately
preceding the day for municipal collection of such recyclables.
D.
The Town of Somerset, its Administrator and its authorized agent
shall not be required to collect any waste material which has not
been separated and secured pursuant to the provisions of this article
or the applicable regulations of the Town of Somerset.
[Added 3-8-1994]
The provisions of this article apply to commercial, industrial
and institutional waste generators. In the event that they do not
have materials collected pursuant to law or contract, they shall be
responsible for components prior to being disposed of in any manner
or solid waste left for collection or delivered to the generator at
a solid waste management facility. This material must be source-separated.
A violation of this article, other than § 161-12A or 161-13, shall constitute a violation punishable, upon conviction thereof, by a fine not exceeding $250 for each offense. A violation of § 161-12A or 161-13 shall constitute a misdemeanor punishable, upon conviction thereof, by not more than six months' imprisonment or a fine not exceeding $1,000, or both.
This article shall take effect upon filing with the Secretary
of State; however, its provisions are suspended until such date that
a contract is implemented by the Somerset Town Board for recycling
in the Town of Somerset.
