This article shall be known as the "Village
of Haverstraw Recycling Law."
The Board of Trustees of the Village of Haverstraw
finds that the reduction of the amount of solid waste and the conservation
of recyclable materials are important public concerns. Separation
and collection of newspaper, office paper, corrugated cardboard, glass,
tin/aluminum, plastic containers, whiteware, batteries, magazines,
tires, leaves and motor oil for recycling from the residential, commercial,
industrial and institutional establishments in the village will protect
and enhance the village's physical and visual environment as well
as promote the health, safety and well-being of persons and property
within the village by minimizing the potential adverse effects of
landfilling through reduction of the need for landfills and conservation
of existing landfill capacity, facilitating the implementation and
operation of other forms of solid waste management, conserving natural
resources, assisting the village in complying with the mandates of
the New York State Environmental Conservation Law, ensuring conformance
with the New York State Solid Waste Management Plan and facilitating
the development and implementation of a solid waste management plan
for the village. 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.
As used in this article, the following definitions
shall apply:
CARDBOARD
All corrugated cardboard normally used for the packing, mailing
or shipping of containerized goods, merchandise or other material,
but shall not mean wax-coated or soiled cardboard.
COMMINGLED
Source-separated, nonputrescible, noncontaminated recyclable
materials that have been placed in the same container.
DESIGNATED RECYCLABLE MATERIALS OR DESIGNATED RECYCLABLES
Those recyclable materials designated by this article and/or
by resolution of the Board of Trustees pursuant to this article to
be source-separated. The term includes, but is not limited to, newspaper,
glass, office paper, cardboard, plastic containers, leaves, whiteware,
tin/aluminum, batteries, magazines, tires and motor oil.
GARBAGE
Putrescible animal and/or 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 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, hazardous
radioactive materials, toxic substances and those substances which
the village has identified as a hazardous waste pursuant to the above
criteria and has included on a list of hazardous waste promulgated
by the New York State Department of Environmental Conservation.
MULTIRESIDENTIAL COMPLEX
Three 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/or 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, photocopying 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 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.
PLASTIC CONTAINERS
Containers composed of high-density polyethylenes, polyethylene
terephthalate or other specific plastics as the Board of Trustees
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.
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.
RESIDENT
Any person residing within the village on a temporary or
permanent basis, but excluding persons residing in hotels or motels.
For purposes of this chapter, "resident" does not include commercial,
industrial or institutional establishments.
RUBBISH
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, including but not limited to nonrecyclable
paper, wrappings, cigarettes, wood, wire, glass, bedding, furniture
and similar materials which are not designated recyclable materials.
SOLID WASTE
All putrescible and nonputrescible 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, industrial waste, commercial waste, sludge, ashes,
contained gaseous material, incinerator residue 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.
TIN/ALUMINUM
Containers comprised of aluminum, tin or steel or a combination
thereof, which contain or formerly contained only food and/or beverage
substances.
VILLAGE
The Village of Haverstraw located within the County of Rockland,
State of New York.
Designated recyclables shall be placed in recycling
collection areas as designated by the Board of Trustees. Such recyclables
shall be prepared for collection in accordance with this article and
any and all rules and regulations as set forth by the Board of Trustees.
The Village of Haverstraw Sanitation Commission
is authorized to enforce the provisions of this article and to administer
the recycling programs established herein. The Village of Haverstraw
Sanitation Commission may adopt and promulgate, amend and repeal rules
and regulations implementing this article in order to carry out and
enforce the intent and purposes thereof.
The village or any other person collecting solid
waste generated within the village 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, and the village
may refuse to accept solid waste containing recyclables designated
under an applicable section of this article at any solid waste disposal
facility owned or operated by the village.
The terms and provisions of this article are
to be liberally construed so as best to achieve and effectuate the
goals and purposes hereof.