[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. 
As used in this chapter, the following words shall have the meanings indicated:
BULK WASTE
An item of solid waste larger than two feet by two feet by four feet or heavier than 50 pounds.
CARDBOARD
A thick paperboard, including but not limited to corrugated boxes, cardboard cartons, pasteboard and similar corrugated materials.
COORDINATOR
The Recycling Coordinator for the Town of Wawarsing appointed by the Town Board or its representative.
DISPOSAL FACILITY
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.
DISPOSAL FEE
The fee charged by any disposal facility owned and operated by the Town or under contract with the Town of Wawarsing.
ENVIRONMENTAL CONSERVATION COMMISSION
The Commission of the Town of Wawarsing, as authorized by the Town of Wawarsing Code.
HAZARDOUS SUBSTANCE
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.
MULTIPLE RESIDENCE
A building or parcel of land having four or more dwelling units.
NEWSPAPERS
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.
NONRESIDENCE
Any building or parcel of land not used as a residence or a multiple residence as defined in this section.
PERSON
Any individual, partnership, association, firm, corporation or any and all combinations of individuals acting in concert.
PRIVATE CARTER
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.
RECYCLABLE COLLECTOR
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.
RECYCLABLES
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.
RECYCLING CENTER
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.
RESIDENCE
A building or parcel of land having three or fewer dwelling units.
RESIDENT
A person residing in a residence.
SOLID WASTE
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.
SOLID WASTE SERVICE
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.
TOWN
The incorporated area of the Town of Wawarsing.
TOWN BOARD
The Town Board of the Town of Wawarsing.
[1]
Editor's Note: See Ch. 74, Landfill Operations.
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. 
The violation of §§ 88-4, 88-5 and 88-7 shall be punishable as follows:
(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.