[HISTORY: Adopted by the Town Board of the Town of Haverstraw 3-11-1991
as L.L. No. 1-1991. Amendments noted where applicable.]
This law shall be known as the "Town of Haverstraw Recycling Law."
The Town Board of the Town of Haverstraw 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, 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 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 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 town 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
town. 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 chapter, the following definitions shall apply:
All corrugated cardboard normally used for packing, mailing, shipping
of containerized goods, merchandise or other material, but shall not mean
wax-coated or soiled cardboard.
Source-separated, nonputrescible, noncontaminated recyclable materials
that have been placed in the same container.
Those recyclable materials designated by this chapter, and/or by
resolution of the Town Board pursuant to this chapter, 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.
The transportation or placement, or arrangement for transportation
or placement, of designated recyclable materials for all possible end uses.
Putrescible animal and/or vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
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.
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 town 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.
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.
Includes newsprint and all newspapers and newspaper advertisements,
supplements, comics and enclosures.
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.
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 chapter
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.
Containers composed of high-density polyethylenes, polyethylene terephthalate
or other specific plastics as the Town Board may designate, which contain
or formerly contained only food and/or beverage substances.
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.
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 products.
Any facility designed and operated solely for the receiving and storing
of source-separated designated recyclable materials.
Any person residing within the town 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.
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.
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.
To separate recyclable materials from the solid waste stream at the
point of waste generation.
Containers comprised of aluminum, tin, steel or a combination thereof,
which contain or formerly contained only food and/or beverage substances.
The Town of Haverstraw located within the County of Rockland, State
of New York.
The Town Board of the Town of Haverstraw.
B.
Collection of newspaper pursuant to the curbside program
established by this section shall be made.
C.
All residents of the unincorporated town shall, upon
the applicable effective date of this chapter, [2] source-separate newspaper in the manner designated by the Town
Board and place it at the side of the road fronting their residences or at
such other location at or near the residence agreeable to the person who is
collecting the material.
[2]
Editor's Note: This local law became effective 5-1-1991.
Designated recyclables shall be placed in recycling collection areas
as designated by the Town Board. Such recyclables shall be prepared for collection
in accordance with this chapter and any and all rules and regulations as set
forth by the Town Board.
A.
All commercial, industrial and institutional establishments
within the unincorporated Town of Haverstraw shall source-separate and arrange
for the deposit for recycling of:
(1)
Newspapers.
(2)
Motor oil.
(3)
Tires (both automobile and truck).
(4)
Whiteware.
(5)
Corrugated cardboard (nonresidential only).
(6)
High-grade paper, including but not limited to white
letterhead paper, white bond paper, white typing paper, white copier paper,
white notepad paper, white writing paper, white envelopes without glassine
windows, other nonglossy white office paper without plastic, computer printout
paper, computer tab cards and white onionskin paper.
(7)
Plastics (to become a recyclable on January 1, 1992).
(8)
Magazines.
(9)
Tin.
(10)
Aluminum.
(11)
Batteries.
(12)
Clear glass containers.
(13)
Colored glass containers.
(14)
Leaves.
B.
The arrangement for disposition of designated recyclables
shall be the responsibility of the commercial, industrial and/or institutional
establishments and individual homeowners who have generated the recyclables.
A.
All owners, managers or their representatives of multiresidential
complexes shall establish a recycling program for their individual complex.
Said recycling program shall be in accordance with the terms of this chapter.
B.
The owner, manager or his representative of every multiresidential complex in the Town of Haverstraw shall provide and maintain, in a neat and sanitary condition, recycling collection areas to receive all of the recyclables set forth in § 132-6 of this chapter. Such collection areas must be in place by the commencement date of this chapter. [1]
[1]
Editor's Note: This local law became effective 5-1-1991.
C.
Once the recycling collection area for a particular multiresidential
complex has been constructed, all residents of such complex shall source-separate
all recyclables by placing them in the appropriate containers within the collection
area.
D.
The owner, manager or his representative of each multiresidential
complex shall arrange with the Town of Haverstraw Highway Department for the
collection of the recyclables from the collection areas.
E.
The recycling program and collection areas for each multiresidential
complex must be consistent with the guidelines set forth herein.
The Town of Haverstraw Sanitation Commission is authorized to enforce
the provisions of this chapter and to administer the recycling programs established
herein. The Town of Haverstraw Sanitation Commission may adopt and promulgate,
amend and repeal rules and regulations implementing this chapter in order
to carry out and enforce the intent and purposes hereof.
The town or any other person collecting solid waste generated within
this town may refuse to collect solid waste from any person who has clearly
failed to source-separate recyclables designated under an applicable section
of this chapter, and the town may refuse to accept solid waste containing
recyclables designated under an applicable section of this chapter at any
solid waste disposal facility owned or operated by the town.
A.
It shall be unlawful for any person to:
(1)
Violate or cause to assist in the violation of any provision
of this chapter or any implementing rule or regulation promulgated by the
Town of Haverstraw Sanitation Commission.
(2)
Place or cause to be placed any material other than a
designated recyclable in or near a recycling collection area.
(3)
Hinder, obstruct, prevent or interfere with this town,
its employees or any other authorized persons in the enforcement of this chapter.
B.
All unlawful conduct set forth in this section shall
constitute a violation.
B.
No renewal of any existing contract upon the expiration
of the original term thereof and no new contract for the collection, transportation,
processing or purchase of solid waste or recyclables shall be entered into
after the effective date of this chapter unless renewal of such contract shall
conform to the requirements of this chapter.
A.
The refuse collector shall not pick up any refuse which
contains recyclable items and shall report such findings to the Town of Haverstraw
Sanitation Commission.
B.
Any person who engages in unlawful conduct as defined
in this chapter may, upon conviction thereof in a proceeding before a court
of competent jurisdiction, be sentenced to imprisonment for a term not to
exceed 15 days or to a term of community service related to the purposes of
this chapter or to pay a fine of not more than $250 and not less than $100,
or any combination of the above penalties.
C.
Each continuing day of violation of this chapter shall
constitute a separate offense.
A.
In addition to any other remedy provided in this chapter,
the town may institute a suit in equity where unlawful conduct exists as defined
in this chapter for an injunction to restrain a violation of this chapter.
B.
The penalties and remedies prescribed by this chapter
shall be deemed concurrent. The existence or exercise of any remedy shall
not prevent this town from exercising any other remedy provided by this chapter
or otherwise provided at law or equity.
The terms and provisions of this chapter are to be liberally construed
so as best to achieve and effectuate the goals and purposes hereof.
