[Adopted 5-6-1991 by L.L. No. 1-1991]
The Village Board of the Village of Middleport 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,
paper, cardboard, glass, cans, plastic containers and other materials for
recycling from the residential, commercial, industrial and institutional establishments
in the village will protect and enhance the village's physical and visual
environment, as well as promote the health, safety and well being of persons
and property within the village by minimizing the potential adverse effects
of landfilling, facilitating the implementation and operation of other forms
of solid waste management, conserving natural resources and assisting the
village in complying with the mandates of the New York State Solid Waste Management
Act of 1988. 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.
For the purposes of this article, the following terms, phrases, words
and derivatives shall have the following meanings:
ADMINISTRATOR
The person or persons designated by resolution of the Village Board
to monitor and enforce this article.
HAZARDOUS WASTE
Includes, but is not limited to the following products and their
empty containers: insecticides, herbicides, petroleum products caustic chemicals,
paint and batteries. Hazardous wastes generally display one or more of the
qualities of ignitability, corrosivity, reactivity or toxicity.
NONRECYCLABLES
A.
That portion of the waste stream not included under "recyclables," and
not treated separately as:
(1)
Hazardous waste under § 27-0903 of the New York Environmental
Conservation Law;
(2)
Source, special nuclear or by-product material as defined in the United
States Atomic Energy Act of 1954; or
(3)
Low level radioactive waste as defined in § 29-0101 of the
New York Environmental Conservation Law.
B.
Nonrecyclables include but are not limited to the following:
(1)
GARBAGEPutrescible solid waste, including animal and vegetable waste resulting from the handling storage, sale, preparation, cooking or serving of foods. Garbage originates primarily in home kitchens, storage areas, markets, restaurants and other places where food is stored, prepared or served.
(2)
RUBBISHRags, sweepings, rubber, leather, excelsior, crockery, shells, clothing, straw, dirt, filth, ashes wastepaper and similar waste material.
(3)
LARGE HOUSEHOLD FURNISHINGSLarge and/or bulky articles actually used in the home and which equip it for living (as chairs, sofas, tables, beds, carpets, etc.).
(4)
CONSTRUCTION AND DEMOLITION DEBRISWaste resulting from construction, remodeling, repair and demolition of structures, road building and land clearing. Such wastes include but are not limited to bricks, concrete and other masonry materials, soil, rock, lumber, road spoils, paving material and tree or brush stumps.
PERSON
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 article
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.
RECYCLABLES
Any materials which can be collected, separated and/or processed,
treated, reclaimed, used or reused to produce a raw material or product, which
materials include, but are not limited to the following:
A.
Paper, clean and unsoiled, including newsprint, newspapers, news advertisements,
supplements, comics and enclosures, corrugated boxes, cardboard, cardboard
cartons and similar corrugated materials.
B.
Unbroken glass, glass bottles or jars which are transparent or translucent
and which are green, amber (brown) or clear (flint) in color.
C.
Bimetal cans, including containers fabricated primarily of metal or
tin, tin plated steel cans, aluminum cans and containers made primarily of
aluminum, household and other items made solely from aluminum.
D.
Plastic containers normally found in the household, including containers
used primarily for laundry products, dishwashing detergents, milk, water and
similar items including PET (polyethylene terephthalate) and HDPE (high-density
polyethylene) and other common plastic resin types.
E.
Such other items and materials, including garden and yard waste, as
may later be included pursuant to agreement between the village and its refuse
collection contractor; provided, however, that nothing in this article shall
be construed as preventing any person from utilizing vegetative yard waste
for compost, mulch or other agricultural, horticultural gardening or landscaping
purposes.
F.
Such other items and materials, including any items and materials listed
in the definition of "nonrecyclables," for which the Village Board by resolution
shall determine that economic markets exist. The Village of Middleport shall
notify affected persons of said determination.
[Added 10-17-1994 by L.L. No. 5-1994]
WASTE MATERIAL
Includes all "recyclables" and "nonrecyclables" which make up the
waste stream eligible for curbside pickup under this article. Waste material
does not include dead animals, fecal matter or material treated separately
as:
A.
Hazardous waste under § 27-0903 of the New York Environmental
Law;
B.
Source, special nuclear or by-product material as defined in the United
States Atomic Energy Act of 1954; or
C.
Low level radioactive waste as defined in § 29-0101 of the
New York Environmental Conservation Law.
Waste materials shall be collected in a manner consistent with the terms
of the Village of Middleport collection contract.
A violation of this article, other than §
158-6A, shall constitute a violation punishable upon conviction thereof, by a fine not exceeding $250 for each offense. A violation of §§
158-6A or
158-7 shall constitute a misdemeanor punishable upon conviction thereof by not more than six months imprisonment or a fine not exceeding $1,000, or both.
This article shall take effect on July 1, 1991.