The Incorporated Village of Roslyn Harbor lies
partly within the Town of North Hempstead and partly within the Town
of Oyster Bay. Refuse and sanitation collection within the Incorporated
Village of Roslyn Harbor is a matter of private contract between individual
residents and private carting companies. In order to implement the
express policy of the State of New York to provide for the management
of solid waste generated by residents of the Village and to comply
with applicable laws, rules and regulations of the sites and municipalities
containing the sites to which solid waste generated by Village residents
is delivered by the private carters servicing Village residents, the
Village Board of Trustees has determined that it is necessary to provide
for the recycling of certain solid waste. Requiring solid waste separation
and recycling is also found to be a proper exercise of governmental
authority which helps to preserve the resources of our environment.
The Village will impose the obligation upon all of its residents to
recycle certain solid waste in accord with the requirements of the
applicable municipality, authority or facility to which the solid
waste is delivered for disposal. Enforcement of such a recycling program
can only be achieved within the Village if the private carters servicing
Village residents agree to abide by the recycling provisions of the
applicable municipalities, authorities and facilities to which solid
waste is delivered. In order to ensure that the private carters servicing
the Village comply with all applicable laws, rules, regulations and
ordinances of the Village and of the applicable municipality, authority
or facility to which Village refuse is delivered for disposal, the
Board of Trustees has adopted this article requiring the licensure
of private carters and obligating each Village resident to recycle
certain solid waste as provided herein.
As used in this article, the following terms
shall have the meanings indicated:
ACCEPTABLE WASTE
The type of solid waste that is deemed acceptable for disposal
at the site or facility to which a carter shall deliver such solid
waste.
CARTER
A person who is in the business of collecting, transporting
and/or disposing of solid waste.
HAZARDOUS WASTE
Waste that appears on a list or satisfies the criteria promulgated
under § 27-0903 of the New York State Environmental Conservation
Law and/or § 1004 of the Federal Resource Conservation and
Recovery Act of 1976, as amended from time to time, or which any governmental
agency or unit having appropriate jurisdiction or the governing body
of a disposal site shall determine to be harmful, toxic, dangerous
or ineligible for disposal at any such disposal site, which shall
include but not be limited to solid waste or a combination of solid
wastes that, because of its or their quantity, concentration or physical,
chemical or infectious characteristics, may:
A.
Cause or significantly contribute to an increase
in mortality or an increase in serious irreversible or incapacitating
reversible illness.
B.
Pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported, disposed or otherwise managed.
DISPOSAL SITE
The facility, plant, works, system, building, structure,
improvement, machinery, equipment, fixture or other real or personal
property that is to be used, occupied or employed for or is incidental
to the collecting, receiving, transporting, storage, processing or
disposal of solid waste generated by residents of the Village. As
of the date of the adoption of this article, the disposal site for
the solid waste generated by those residents of the Village residing
within the boundaries of the Town of North Hempstead is the Town of
North Hempstead Solid Waste Management Processing Facility and the
disposal site for the solid waste generated by those residents of
the Village living within the boundaries of the Town of Oyster Bay
is the City of Glen Cove Disposal/Energy Recovery Facility (CERF).
The Board of Trustees may, by resolution, designate a disposal site
at any time for all or a portion of the Village in addition to, in
lieu of or in substitution of the disposal sites existing on the date
of the adoption of this article.
LICENSEE
Any carter licensed pursuant to the provisions of this article.
PERSON
Any natural person, individual, partnership, corporation,
association, joint venture, trust, estate or any other legal entity.
RECYCLABLE
The definition ascribed to any physical material designated as such by resolution by the Board of Trustees of the Incorporated Village of Roslyn Harbor or by the governing body of the applicable disposal site to which the solid waste is to be delivered, as the same may be determined from time to time. In addition to those items enumerated in §
216-3 of this article, as of the date of the adoption of this article, "recyclable" is defined as follows:
A.
In that portion of the Village lying within
the boundaries of the Town of North Hempstead, any physical material
designated as such by the Commissioner of the Department of Solid
Waste Management of the Town of North Hempstead or the Town Board
of the Town of North Hempstead from time to time; and
B.
In that portion of the Village lying within
the Town of Oyster Bay, any physical material designated as such from
time to time by M.M.B. Management Corp. or the City of Glen Cove.
SOLID WASTE
All putrescible and nonputrescible solid wastes, including
but not limited to garbage, refuse and other discarded solid materials,
rubbish, ashes, paint, chemicals, incinerator residue, demolition
and construction debris and offal, lawn clippings, etc.
UNACCEPTABLE WASTE
That portion of solid waste, excluding hazardous waste, which
is designated by the appropriate governing body of a disposal site
as being unacceptable for treatment at the disposal site, which designation
may include, without limitation, explosives, pathological and biological
waste, radioactive materials, ashes, foundry, sand, sewage, sludge,
cesspool and other human waste, human remains and animal carcasses,
motor vehicles and parts thereof or any other large machinery or equipment.
The Board of Trustees shall have the power by
resolution to adopt such rules, regulations and orders as may be necessary
to effectuate the purposes of this article and aid in its enforcement,
including, without limitation, designating a person or persons by
resolution to investigate possible violations of this article.