[HISTORY: Adopted by the Board of Trustees
of the Village of Valley Stream 9-21-1992 by L.L. No. 8-1992. Amendments noted where
applicable.]
A.
Whereas the conservation of recyclable materials is
now a necessity in order to conserve natural resources and the cost
of solid waste disposal is ever increasing and available residue disposal
landfill facilities are rapidly decreasing, it is the intention of
the Village of Valley Stream to establish a program for the mandatory
separation of recyclables from garbage and rubbish within the Village.
Such a program will reduce both the amount of solid waste to be disposed
of and the costs of landfill disposal. In addition, the separation,
collections and sale of recyclable materials will reduce the financial
burden of solid waste disposal on the taxpayers of the Village of
Valley Stream.
B.
This chapter of the Code shall regulate the separation
of recyclables by the residents of the Village in accordance with
the New York State Solid Waste Management Plan.
As used in this chapter, the following terms
shall have the meanings indicated:
Discarded material which may be reclaimed, comprising solid
waste in the form of paper, glass, metals and plastics, and which
may be further defined as follows:
Paper, clean and unsoiled, including newsprint,
all newspapers and newspaper advertisements, supplements, comics and
enclosures; magazines and telephone books; and corrugated boxes, cardboard,
cardboard cartons, pasteboard and similar corrugated and kraft paper
materials, provided that they are free of foreign matter and refuse.
Paper recyclables do not include miscellaneous stationery products,
such as discarded letters and envelopes, or any paper products other
than those listed.
Glass, including clear (flint) glass rinsed
clean of food or beverage residue; and amber, brown and green glass
food containers rinsed clean of food or beverage residue. Glass which
is excluded from the recycling program is as follows: mirrors, china
and ceramic material.
Metals, including ferrous and bimetal cans with
one end removed; and aluminum cans, including beverage cans and cans
used to contain foodstuff rinsed clean of food residue. Metals which
are excluded from the recycling program are lawn chairs, screen frames,
air conditioners, dryers, refrigerators, hot-water tanks, stoves and
other white goods which are collected as bulk on the designated day.
Plastics, including plastic containers used
to hold food, beverage and other household commodities. Plastics which
are excluded are plastic utensils, plates, toys and other items not
used to contain food or beverage.
Tires, including any continuous solid or pneumatic
rubber (or similar material) cushion used to encircle a wheel of a
motor vehicle or like device.
[Added 11-7-1994 by L.L. No. 9-1994]
A.
There is hereby established within the Village a program
(hereinafter "curbside program") for the separate collection of paper,
cardboard, glass and cans from all non-physically-disabled residents
of the municipality located within said area and from all other persons,
including commercial or institutional establishments within said area,
whose solid waste is collected by or on behalf of the Village of Valley
Stream. Said curbside program shall include all cooperatives, condominiums,
apartment dwellers, office buildings, manufacturers and local merchants.
B.
Collections of recyclable materials pursuant to this
section shall be upon the days established by the Recycling Coordinator
and pursuant to a schedule established by the Superintendent of Public
Works, subject to the approval of the Village Board.
C.
All residents of the Village of Valley Stream within the area serviced by the curbside program established pursuant to this section shall source-separate all designated recyclables and place them at the side of the road fronting their residence in the manner designated by § 67A-4 of this chapter and on the date specified for collection on the schedule published by the Village.
A.
It shall be the responsibility of each homeowner or
occupant of the Village to ensure that all recyclable materials are
properly separated from other discarded materials and are cleaned
or otherwise prepared for collection, in accordance with this section.
All recyclable materials shall be placed in one or more recycling
containers provided for that purpose by the Village. In the event
that the amount or size of the recyclable materials exceeds the capacity
of the designated containers, then the excess recyclable materials
shall be placed in separate containers and placed alongside the designated
containers when placed at the curb for collection.
B.
Paper recyclables may be placed in paper bags or tied
in bundles not to exceed 35 pounds in weight nor exceeding one foot
in thickness, prior to the collection, removal or disposal of the
same. Bundled newspaper is to be placed adjacent to the recycling
container. Papers are not to be secured with wire or plastic bindings
or placed in plastic trash bags.
C.
Corrugated boxes, cardboard, cardboard cartons, pasteboard
and similar paper materials are to be broken down and tied securely
in bundles not to exceed 35 pounds.
D.
Glass shall be placed in the recycling container for
collection. The glass bottles and jars must be rinsed clean of food
or liquid residue and placed in the container without any caps.
E.
Metals.
(1)
Ferrous and bimetal cans must have one end removed
and they must be rinsed clean of food residue and placed in the recycling
container.
(2)
Aluminum cans, including beverage cans and cans used
to contain foodstuff, must be rinsed clean of food residue and placed
in the recycling container.
(3)
Metal cans must have their labels removed.
F.
Plastic bottles and containers used to hold beverage
and other household goods must be rinsed clean to remove residues
and be placed in the recycling container.
H.
It shall be unlawful for any person to collect, remove
or dispose of solid waste which consists of recyclables combined with
other forms of solid waste after the date set by the Village Board
for mandatory recycling.
I.
From the time recyclables are placed at the curb by
any resident, ownership of such materials set out for collection shall
thereupon vest in the Village of Valley Stream. It shall be unlawful
for a person to collect, remove or dispose of recyclables which are
the property of the Village. Each such collection in violation hereof
from one or more residences shall constitute a separate and distinct
offense.
J.
The Recycling Coordinator is empowered to designate
the day of the week on which recyclables shall be collected, removed
and disposed of from a particular area, subject to approval of the
Village Board.
K.
No person having custody or control of residential
premises within the Village of Valley Stream shall permit or cause
any garbage, rubbish or other refuse, including recyclables, within
his control, to become a hazard or potential hazard to public travel,
health or safety or to become a nuisance of any sort.
L.
The Village Board of Trustees or its duly authorized
representative shall be permitted to promulgate such other rules and
regulations as may be deemed necessary to effectuate the intent of
this chapter.
A.
Containers for the purpose of separating and placing
recyclable materials for collection will be provided by the Village
to residents. Such containers will remain the property of the Village
and must be kept in a good and clean condition by such residents.
Recycling containers are not to be used for any purpose other than
as described in this section. In the event that such containers are
lost, damaged or stolen, additional containers shall be available
from the Department of Public Works, upon payment of an appropriate
fee to be established by resolution of the Village Board of Trustees.
B.
Each homeowner or occupant may obtain an additional
recycling container at no charge from the Village upon a showing of
need. Additional requests may be granted at the discretion of the
Superintendent of Public Works. Advance arrangements must be made
for all additional recycling containers.
C.
Homeowners or occupants within the Village shall affix
their respective street addresses to any recycling container provided
to them by the Village. Such address shall be affixed by means of
a white permanent marking.
D.
In the event that the Village Board of Trustees or
the Recycling Coordinator finds that additional measures are necessary
in order for such recyclable materials to be marketable, the Board
or Recycling Coordinator shall have the power to require that homeowners
or occupants within the Village undertake such measures, provided
that reasonable advance notice is given to such homeowners or occupants.
The Recycling Coordinator is hereby authorized
to establish collection schedules and routes for the collection of
recyclable materials and to cause reasonable notice of requirements
thereof to be given to the residents of the recycling areas, subject
to approval of the Village Board.
Notwithstanding any other provisions of this
chapter, used motor oil shall only be disposed of by delivery to a
service station which is required under state law to accept such material
or through other facilities authorized by law to accept such material.
A.
It shall be unlawful for:
(1)
Any person, other than those persons lawfully authorized,
to collect any designated recyclable or scavenge or remove any articles
from any recyclable containers which has been placed at the roadside
for collection or at a dropoff point.
(2)
Any person to violate or to cause to assist in the
published violation of any provision of this chapter or any rules
and regulations promulgated by the Village of Valley Stream pursuant
to this chapter of the Village plan concerning recycling.
(3)
Any person to place or to cause to be placed any material
other than a designated recyclable in or near a recycling dropoff
point.
(4)
Any person to hinder, to obstruct, to prevent or to
interfere with the Village of Valley Stream or any other authorized
persons in the performance of any duty under this chapter or in the
enforcement of this chapter.
(5)
Any recyclable to be placed at the roadside prior
to 6:00 p.m. the day before the scheduled collection or to have containers
remain at the roadside more than 12 hours after collection.
[Amended 11-19-2018 by L.L. No. 31-2018]
A.
In the event that an owner or occupant of a dwelling
within the Village fails to separate and prepare recyclable materials
for collection in accordance with the provisions of this chapter after
being given reasonable notice of these requirements, collection of
all solid waste from such dwelling will be suspended until such time
as the owner or occupant can demonstrate compliance with the provisions
of this chapter. Such compliance can be demonstrated by placing properly
separated and prepared recyclable materials at the curb in one or
more designated recycling containers on the next scheduled collection
date for such recyclable materials.
B.
In addition to the provisions of Subsection A above, any person, firm, company, association, corporation or business of any kind committing an offense against this chapter or any provision or section thereof shall be guilty of a violation. Each day that such violation exists shall constitute a separate offense. Such an offense shall be punishable by a fine of $750 and/or 15 days in jail for each offense.
It shall be the duty of the Superintendent of
Public Works, the Department of Public Works Sanitation Foreman, the
Code Enforcement Officers, police officers and other authorized officials
to administer the provisions of this chapter.
This chapter shall take effect upon filing with
the Secretary of State.
