[HISTORY: Adopted by the Town Board of the Town of Westfield as indicated
in article histories. Amendments noted where applicable.]
[Adopted 5-2-1990 by L.L. No. 1-1990]
A.
Findings and intent. The Town Board finds and declares
that the proper management of solid wastes is necessary and desirable to protect
public health and the quality of the environment in the Town of Westfield.
Toward this end, reduction of solid waste generation, recovery and reuse,
energy recovery and improved disposal are recognized statewide goals. The
Town Board of the Town of Westfield further finds that when accompanied by
adequate markets for materials separated from the waste stream, source separation
and recycling can be an effective way to reduce the ultimate volume of solid
waste requiring disposal and to recapture the economic benefits lost in the
disposal of recyclable materials and to reduce the demand upon limited natural
resources and finances. It is the intent of the Town Board of the Town of
Westfield to establish a program for the mandatory separation of recyclables
from garbage, rubbish and other nonrecyclable wastes in the Town of Westfield.
The Town of Westfield has a local trash/garbage/refuse collection service
on a weekly basis for town residents, operated under contract. This service
is at the expense of the Town of Westfield, and the ultimate disposal of refuse,
garbage and trash collected is the Chautauqua County Landfill and/or transfer
stations. It is the intention of the article to bring the operations conducted
by the Town of Westfield in its local trash/garbage/refuse collection service
and all other trash, garbage or refuse collection services in the Town of
Westfield into compliance with the program for recycling and landfilling promulgated
by the County of Chautauqua.
B.
State law. This article is enacted pursuant to the authority granted by the New York State Legislature in the Solid Waste Management Act of 1988, Chapter 70 of the Laws of 1988.
C.
Chautauqua County. This article is enacted and is intended
to be compatible with the recycling requirements and landfilling requirements
of the Chautauqua County Landfill and Transfer Stations.
D.
Regulations. It is the intent of this article to authorize
the Town Board of the Town of Westfield to promulgate from time to time rules
and regulations concerning the specific components to be recycled and source-separated
and specific methods of doing so in order to stay in compliance with the County
of Chautauqua's rules and regulations from time to time enacted so that
disposal of trash/garbage/refuse can be accomplished through the Chautauqua
County Landfill and Transfer Operations. Pursuant thereto, such authority
is granted to the Town Board of the Town of Westfield to enact from time to
time and adopt from time to time appropriate rules and regulations governing
the specific components to be source-segregated and recycled and the methods
and procedures of doing so.
As used in this article, the following terms shall have the meanings
indicated:
Paper, glass, metals, plastic, garden and yard waste and any other
materials identified in this article or in the rules and regulations adopted
hereunder by the Town Board.
Instances in which the full avoided cost of proper collection, transportation
and disposal of source-separated materials are equal to or greater than the
cost of collection, transportation and sales of said materials, less the amount
received from the sale of said materials.
Includes any individual, partnership, corporation, society, club,
firm or association.
A component of the solid waste stream for which an economic market
is available.
Shall apply to private residences, commercial, industrial, governmental
and all other generators of solid waste in the Town of Westfield.
The admission sticker purchased by a resident or property owner of
the Town of Westfield from the Town Clerk and affixed to a vehicle which shall
be granted admission to the Town of Westfield's collection service for
local trash, garbage and refuse.
A.
General requirement. Recyclables left for collection
or delivered to a solid waste management facility shall be separated from
all other garbage, rubbish or trash and other nonrecyclable solid wastes in
accordance with this article.
B.
No mixed containers. Recyclables shall not be placed
in the same garbage can or container or otherwise mixed with other forms of
solid waste for collection, removal or disposal.
C.
No collection of mixed containers. It shall be unlawful
for a person to collect, remove or dispose of solid waste which consists of
recyclables combined with other forms of solid waste.
A.
General requirements. Residents in the Town of Westfield
shall source separate recyclables in accordance with the New York State Solid
Waste Management Act of 1988, which shall be a minimum requirement, together
with all applicable Chautauqua County regulations and shall further comply
with the additional requirements set forth in this article and any local rules
or regulations promulgated hereunder.
B.
Specific requirements. The Town Board of the Town of
Westfield may, from time to time by resolution, formulate, adopt, promulgate,
amend and repeal rules and regulations in furtherance of this article for
controlling the storage, collection, recycling and disposal of solid wastes
in the Town of Westfield.
C.
Recyclable and reusable materials not covered by this
article. Notwithstanding that the following materials may be recyclable or
reusable, the following are prohibited from being included with recyclables
intended for collection and delivery in accordance with this article:
(1)
Toxic, nuclear or other hazardous wastes.
(2)
Biodegradable plastics.
(3)
Tires.
(4)
Any other materials which are governed by other state,
federal, county, local law or regulation, or which require special handling
or which would be hazardous or harmful to the general health and welfare if
included in the recyclable waste stream.
A.
Public. Where public trash receptacles are provided in
town parks, recreation areas or public buildings or commercial establishments
to which the public has entry, the following shall apply:
(1)
It is prohibited for anyone to place nonrecyclables or
the wrong type of recyclable, or the correct type of recyclable which is in
unacceptable condition, in a container marked for a particular type of recyclable.
(2)
It is prohibited for anyone to place recyclables in a
container marked for nonrecyclables.
B.
Private. Where private trash containers, dumpsters or
other types of collectors are located, the following shall apply:
(1)
It is prohibited for anyone to place nonrecyclables or
the wrong type of recyclable, or the correct type of recyclable which is in
unaccepted condition, in a container marked for a particular type of recyclable.
(2)
It is prohibited for anyone to place recyclables in a
container marked for nonrecyclables.
C.
Exceptions. The provisions of this article need not be
complied with when the person or resident contracts with a private disposal
service and said private disposal service permits waste of all types to be
mixed together in a suitable container which will then be properly disposed
of by that private disposal service, either outside or inside Chautauqua County,
in accordance with law. Further, nothing in this article shall be deemed to
prohibit any person from contracting with a private disposal service for removal
of solid wastes and recyclables for ultimate disposal inside or outside Chautauqua
County in accordance with law.
A.
The Town of Westfield, for so long as it operates a local
trash/garbage/refuse collection service on a weekly basis, shall admit to
the collection site only vehicles to which have been affixed the vehicle admission
sticker purchased from the Town of Westfield.
B.
It shall be the responsibility of all persons and residents
using the town's trash/garbage/refuse collection service to separate
all nonrecyclable garbage, trash and refuse from recyclables as provided in
this article.
C.
All recyclables shall be separated into newspaper, cardboard,
glass, metals, plastics and garden or yard waste for separate transfer. No
mixing of individual recyclables or recyclables with nonrecyclables shall
be permitted. Each different type of recyclable shall be reasonably clean
and washed, with labels removed and tops and lids removed.
D.
The Town Board of the Town of Westfield may, from time
to-time, promulgate specific rules and regulations identifying recyclables
and promulgating rules and regulations setting forth specific procedures to
be followed in source segregation and in transfer and ultimate disposal of
recyclables as such are defined by rule and regulation. Such rules and regulations
as amended and promulgated from time to time by resolution of the Town Board
of the Town of Westfield, shall be published and posted so as to make the
general public aware of their existence.
E.
The Town Board of the Town of Westfield is hereby authorized
to adopt a fee schedule for admission stickers for vehicles by resolution,
and said fee schedule shall also be published and posted for general circulation
within the Town. Such fee schedule may, from time to time, be amended by resolution
of the Town Board.
No person shall bury or cause to be buried garbage, refuse, trash or
other waste or materials within the Town of Westfield.
It shall be a violation for nonresidents of the Town of Westfield to
transport or cause to be transported garbage, refuse or trash or recyclable
materials into the Town of Westfield for disposal to the town-operated trash/garbage/refuse
collection service. Further, it shall be a violation for any resident of the
Town of Westfield, owner, lessee or person in control of real property within
the Town of Westfield to permit any person to bring in, place or deposit any
refuse, garbage or trash or recyclables originating from outside the Town
of Westfield on any real property owned or leased by him or her or under his
or her control for the purpose of disposal under the town-operated collection
and recycling service.
This article and the regulations adopted pursuant thereto shall be enforced
by the town's Code Enforcement Officer and any deputies and shall also
be enforced by any constable given special duties to enforce the recycling
provisions and by any peace officer or police officer.
A.
INTENTIONAL OR KNOWING VIOLATION
REPEAT VIOLATIONS
VIOLATIONS
As used in this section, the following terms shall have
the meanings indicated:
An intentional or knowing violation as those terms are defined in
the Criminal Procedure Law of the State of New York.
Any violation repeated within one year of a prior violation under
this article.
A failure to comply with the requirements of this article or the
rules and regulations adopted thereunder shall constitute a violation and
subject the violator to the criminal and civil penalties provided for herein.
B.
Criminal penalties. A person convicted of violating any
provision of this article or the rules or regulations adopted thereunder shall
be guilty of a violation which is punishable as follows:[1]
(1)
For a first conviction: by a fine of $25 or a term of
imprisonment for not more than 15 days or both.
(2)
For a repeat violation: by a fine of $50 or a term of
imprisonment for not more than 15 days or both.
(3)
For a third violation within one year: by fine of up
to $250 or a term of imprisonment for not more than 15 days or both.
C.
Civil penalties. A person violating this article or the
rules and regulations adopted thereunder shall be liable for a civil penalty
as follows:
D.
Injunctive and other relief. The Town of Westfield may
seek such injunctive, equitable or other relief as may apply in the circumstances
to correct the violation.
E.
Expenses of correction. A person determined to have violated
this article or the rules and regulations promulgated thereunder shall be
liable for all costs of correcting the violation.
F.
Expenses of enforcement. A person determined to have
violated this article or the rules or regulations promulgated thereunder shall
be liable for all costs of enforcing this article, the rules or regulations,
including reasonable attorney's fees, in addition to the criminal and
civil penalties provided.
G.
Nonexclusivity. The remedies herein provided for violations
of this article or rules and regulations promulgated thereunder may be pursued
singly, concurrently, sequentially or in any combination thereof. The use
of any one remedy shall not preclude the use of any other remedy.
H.
Liability on the part of the town. No liability for damages
or otherwise shall be incurred by the Town of Westfield or its public officers,
employees, agents or enforcement officers, or any other officer or person
authorized to enforce this article and the rules and regulations promulgated
thereunder, on account of exercising the procedures and actions authorized
under this article or the rules or regulations promulgated thereunder.
A.
Chautauqua County Landfill regulations. It shall be an
affirmative defense to an alleged violation of this article or the rules or
regulations promulgated thereunder that the recyclable or the component of
the waste stream in question is intended to be delivered to the Chautauqua
County Landfill or County Transfer Station and is acceptable at the Chautauqua
County Landfill or County Transfer Station and was accepted at such county
landfill or transfer station.
B.
Nonrecyclability. It shall be an affirmative defense
to an alleged violation under this article or any of the rules or regulations
promulgated thereunder that the material in question is not recyclable.
C.
Village of Westfield. This article and
the rules and regulations adopted thereunder apply only in the Town of Westfield
outside the Village of Westfield.
