[HISTORY: Adopted by the Town Board of the
Town of Wawarsing 10-12-1989 as L.L. No. 5-1989. Amendments noted where
applicable.]
GENERAL REFERENCES
Landfill operations — See Ch. 74.
This chapter shall be cited and may be referred
to hereinafter as the "Mandatory Recycling Law of the Town of Wawarsing."
It is the goal of the Town of Wawarsing to facilitate
the disposal of solid waste generated within the Town in the most
economical and environmentally accepted manner and to reduce the total
amount of solid waste disposed of in the Town. It is the purpose of
this chapter to establish a source separation and recyclables collection
program within the Town to reach the goal of the most feasible recycling
of the Town's waste stream, considering costs, marketability of recyclables
and public involvement. It is hereby found and determined that in
order to ensure the greatest public involvement, such a program must
be made mandatory. This program is further designed to protect the
health and safety of the residents of the Town.
A.
For the purposes of this chapter, certain words and
phrases shall be construed herein as set forth in this section, unless
it is apparent from the context that a different meaning is intended.
When not inconsistent with the context, the present tense shall include
the future, and words used in the plural shall include the singular
and vice versa. Further, a masculine pronoun shall include the feminine.
The word, "shall" is always mandatory and not merely directory.
B.
BULK WASTE
CARDBOARD
COORDINATOR
DISPOSAL FACILITY
DISPOSAL FEE
ENVIRONMENTAL CONSERVATION COMMISSION
HAZARDOUS SUBSTANCE
MULTIPLE RESIDENCE
NEWSPAPERS
NONRESIDENCE
PERSON
PRIVATE CARTER
RECYCLABLE COLLECTOR
RECYCLABLES
RECYCLING CENTER
RESIDENCE
RESIDENT
SOLID WASTE
SOLID WASTE SERVICE
TOWN
TOWN BOARD
As used in this chapter, the following words shall
have the meanings indicated:
An item of solid waste larger than two feet by two feet by
four feet or heavier than 50 pounds.
A thick paperboard, including but not limited to corrugated
boxes, cardboard cartons, pasteboard and similar corrugated materials.
The Recycling Coordinator for the Town of Wawarsing appointed
by the Town Board or its representative.
Any solid waste management plant or site owned and operated
by the Town or under contract to receive solid waste originating from
within the Town of Wawarsing.
The fee charged by any disposal facility owned and operated
by the Town or under contract with the Town of Wawarsing.
The Commission of the Town of Wawarsing, as authorized by
the Town of Wawarsing Code.
Any hazardous or toxic substance material or waste which
is or becomes regulated by any local or state government authority
or the United States Government.
A building or parcel of land having four or more dwelling
units.
A paper product printed on newsprint, including all newspapers,
newspaper advertisements and comics. Not included in this definition
are magazines, telephone books or other advertising material printed
on glossy or slick papers, whether enclosed with the "newspapers"
or not.
Any building or parcel of land not used as a residence or
a multiple residence as defined in this section.
Any individual, partnership, association, firm, corporation
or any and all combinations of individuals acting in concert.
A contractor providing collection of solid waste services
in the Town under license issued by the Town of Wawarsing and subject
to the rules and regulations and fee schedule of Town of Wawarsing
Landfill Ordinance[1] and any amendments thereto.
A contractor under contract with the Town of Wawarsing to
provide collection of recyclables subsequent to delivery to the recycling
center for remanufacture or reuse, subject to the terms and conditions
of said contract with the Town of Wawarsing.
Solid waste consisting of newspapers, glass bottles and jars
and metal food and beverage cans, high-density polyethylene (HDPE)
containers and such other materials as designated by the Recycling
Coordinator and approved by the Town Board.
Any combination of structure, machinery facilities used for
the off-loading of recyclables from collection vehicles, the processing
of recyclables and the reloading of recyclables into vehicles for
marketing.
A building or parcel of land having three or fewer dwelling
units.
A person residing in a residence.
Materials or substances discharged or rejected as being spent,
useless, worthless or in excess by the owner at the time of such discard
or rejection, except sewage and other highly diluted water-carried
materials or substances and those in gaseous form. Such waste shall
include but is not limited to garbage, sludge, rubbish, ashes, incinerator
residue, street cleanings, dead animals, offal, abandoned vehicles,
agricultural waste, industrial waste, commercial waste and construction
and demolition debris.
The handling, removal, storage or disposal of solid waste,
including but not limited to the placing or removing of containers
for solid waste on or from sites within the Town not owned by the
person placing or removing the containers and transporting solid wastes
from or to any of the locations within the Town.
The incorporated area of the Town of Wawarsing.
The Town Board of the Town of Wawarsing.
A.
Source separation shall be required of each and every
person discarding recyclables. All recyclables discarded in the Town
of Wawarsing shall be delivered to the Town of Wawarsing recycling
center. It shall be the responsibility of all residents and persons
owning commercial premises or noncommercial premises within the Town
to separate recyclables from all solid waste and dispose of them in
one of the following manners:
(1)
Contracting with a private carter for disposal services.
(a)
A resident or person who contracts for disposal
services with a private carter shall place all recyclables in separate
containers clearly marked "recyclables."
(b)
Recyclables for collection shall be placed in
the containers provided by the private carter or local municipality
and placed at the curbside on the date prescribed by the Recycling
Coordinator. Excess recyclable materials shall be placed in additional
appropriate containers provided by the resident next to the provided
containers on the day prescribed.
(c)
Recyclables shall not be placed in the same
container as or otherwise mixed with other forms of solid waste.
(d)
Prior to placement for collection and removal
or prior to delivery to the recycling center, all glass and metal
recyclables shall be cleaned, and all contents shall be removed therefrom.
Caps shall be removed from glass recyclables. Newspapers shall be
tied by cord, not to exceed 12 inches in height.
(2)
Individual disposal service. Persons and residents
who chose to personally deliver their recyclables to the recycling
center must deliver them to the recycling center properly prepared
and separated as specified hereinabove.
B.
It shall be unlawful for any person to dispose of
recyclables except as provided by this chapter.
C.
No recyclables originating from without the Town of
Wawarsing may be disposed of at the recycling center. It shall be
unlawful for any person to dispose of or attempt to dispose of recyclables
at the recycling center other than those recyclables originating in
the Town. Notwithstanding the foregoing, the Town Board, by resolution,
may permit municipalities or individuals to dispose of recyclables
originating from without the Town of Wawarsing at the recycling center.
D.
The Recycling Coordinator is empowered to designate
the day of the week on which recyclables shall be collected and removed
from a particular area. Recyclables shall not be collected or removed
from any area, except on the day(s) of the week designated by the
Coordinator.
E.
Private carters need not deliver recyclables to the
Town of Wawarsing recycling center if they submit to the Town of Wawarsing
Town Board written authorization from the Ulster County Resource Agency
permitting delivery to a specified alternative recycling center.
[Amended 7-5-1990 by L.L. No. 2-1990]
F.
It shall be a violation of this chapter for any private
carters to dispose of recyclables other than as provided by this section.
[Amended 7-5-1990 by L.L. No. 2-1990]
It shall be a violation of this chapter for
any person to dispose of any hazardous substances at the Town landfill.
In order to effect an orderly implementation of this chapter, taking into account the present and future market conditions, availability of containers and other equipment and other factors as may bear on the effectiveness of this chapter, the Town Board is hereby empowered to phase in the application of this chapter to recyclable materials produced by residences, commercial premises and/or multiple residences by public notice published in a newspaper of general circulation within the Town no less than 30 days prior to the date of application of this section to permit or exclude materials identified in § 88-4 hereof or add any other recyclable material.
No person having custody or control of residential,
industrial or business premises within the Town shall permit or cause
any 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.
A.
Any person engaged in the business of collecting solid
waste or rendering solid waste services who is not authorized by the
Town shall be guilty of a violation, punishable by a fine of not less
than $200 and not exceeding the sum of $1,000 or by imprisonment for
a term not exceeding 15 days, or both. Each day such violation occurs
or continues shall constitute a separate offense.
B.
(1)
For a first conviction: by a fine of not less than
$10 nor more than $25.
(2)
For a second conviction within one year: by a fine
not less than $25 nor more than $50.
(3)
For a third conviction within one year: by a fine
of not less than $50 nor more than $100.
(4)
For a fourth and each subsequent conviction within
one year: by a fine of not less than $100 nor more than $250.
