[HISTORY: Adopted by the Town Board of the Town of Tuxedo 9-23-1992 as L.L. No. 5-1992. Amendments noted where applicable.]
Garbage and refuse; dumping — See Ch. 58.
This chapter shall be known as the "Town of Tuxedo Recycling Law."
The Town Board of the Town of Tuxedo 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, vegetative yard waste and other materials 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 § 27-0704, 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.
In order to implement the goals as hereinabove outlined, the Town of Tuxedo intends to abide by the programs, amendments and rules established under the recycling program adopted by the County of Orange.
This chapter is adopted pursuant to § 10 of the Municipal Home Rule Law of the State of New York.
As used in this chapter, the following definitions shall apply:
- Containers comprised of aluminum, tin, steel or a combination thereof, which contain or formerly contained only food and/or beverage substances.
- All corrugated cardboard normally used for packing, mailing and 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.
- DESIGNATED RECYCLABLE MATERIALS OR DESIGNATED RECYCLABLES
- 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, paper, cardboard, cans, plastic containers and vegetative yard waste.
- DISPOSITION OR DISPOSITION OF DESIGNATED RECYCLABLE MATERIALS
- The transportation, placement or arrangement for transportation or placement of designated recyclable materials for all possible end uses.
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food, excluding fecal matters.
- All clear (flint), green-colored and brown-colored (amber) glass containers, crystal, ceramics and plate, window laminated or mirrored glass but shall not mean wired glass.
- HAZARDOUS MATERIAL OR HAZARDOUS WASTE
- 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, explosive, hazardous radioactive materials, toxic substances and those substances which the Commissioner has identified as a "hazardous waste" pursuant to the above criteria and has included on a list of "hazardous waste" promulgated by the Department of Waste Management.
- Includes newsprint and all newspapers and newspaper advertisements, supplements, comics and enclosures.
- All high-grade office paper, fine paper, bond paper, office paper, xerographic 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.
- PLASTIC CONTAINERS
- 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.
- RECYCLABLE MATERIAL
- 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.
- RECYCLING, COLLECTION AREA
- 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 purpose 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, wires, glass, bedding, furniture and similar materials which are not designated recyclable materials.
- SOLID WASTE
- 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, sludges, 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.
- SOURCE SEPARATE
- To separate recyclable materials from the solid waste stream at the point of waste generation.
- The Town of Tuxedo located within the County of Orange, State of New York.
- TOWN BOARD
- The Town Board of the Town of Tuxedo.
- VEGETATIVE YARD WASTE
- Organic yard and garden waste, leaves, grass clippings and brush.
Upon the effective date of this chapter, there is established in the town a program ("curbside program") for separate collection of newspaper from all non-physically-disabled residents of the districts. Said curbside program shall apply to all residential properties.
Collection of newspaper pursuant to the curbside program established by this section shall be made once each week. Collection shall occur in accordance with a schedule advertised by the town.
Expansion of program.
The Town Board, by resolution and in accordance with county or state mandates, may expand the curbside program to include, in addition to newspaper, the collection in separate containers, bundles or packages, as appropriate, of one or more of the following designated recyclable materials:
Said expanded curbside program shall be effective at all times 30 days after designation and publication of notice in an official newspaper of the town or a newspaper of general circulation within the town. Said expanded curbside program shall apply to all residential properties.
Collection of designated recyclable materials added to the curbside program pursuant to Subsection C above shall be made once each week. Collection shall occur in accordance with a schedule advertised by the town.
All residents of the town within the area serviced by the curbside programs established pursuant to this section shall, upon the applicable effective date, separate newspaper and other designated recyclables and on the date specified for collection by the schedule published by the town, place them 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.
All designated recyclables placed at the roadside or other location by residents for collection shall be prepared for collection in accordance with regulations promulgated by the town.
In any garbage district or area designated by the Town Board, subject to a curbside program established pursuant to § 76-5 of this chapter, there is also established a program ("private collection program") for the source separation, collection and delivery of newspaper and any other designated recyclable material included in the curbside program from all non-physically-disabled residents of the multiresidential complexes.
The owner, manager or superintendent of every multiresidential complex subject to Subsection A above shall provide and maintain, in a neat and sanitary condition, recycling collection areas to receive newspaper and other designated recyclables included in the curbside program which are generated by residents of the complex. In cases where a condominium cooperative, homeowners' or similar association exists, the association shall be responsible for provision and maintenance of the recycling collection areas. Said recycling collection areas shall be constructed and capable of receiving newspaper within 180 days of the establishment of the curbside program and any and all other designated recyclables as may be included in or added to the curbside program within 180 days of such inclusion in or in addition to the curbside program.
Once the recycling collection area for a particular multiresidential complex has been constructed and is capable of receiving newspaper and other designated recyclables as may be included in or added to the curbside program, all non-physically-disabled residents of such complex shall source-separate such materials by placing them in the appropriate containers or areas within the collection area.
The owner, manager or superintendent of each multiresidential complex, subject to Subsection A above, shall arrange for the collection for recycling of newspaper and other designated recyclables from the recycling collection area.
The number and design of the recycling collection areas required by this section for each multiresidential complex shall be consistent with the guidelines provided by the town.
Designated recyclables required to be placed in recycling collection areas pursuant to § 76-7 of this chapter shall be prepared for collection in accordance with regulations promulgated by the Town Board.
Nothing in this chapter shall be construed as preventing any person from utilizing vegetative yard waste for compost, mulch or other agricultural, horticultural, silvicultural, gardening or landscaping purposes, provided that the same are not located within any side yard, rear yard or front yard as defined in Chapter 98, Zoning, of the Code of the Town of Tuxedo.
The Police Department, Building Inspector and Code Enforcement Officers are authorized to enforce the provisions of this chapter and to administer the recycling program established herein.
It shall be unlawful for:
Any person, other than those persons so authorized, to collect any designated recyclable which has been placed at the roadside for collection or within a recycling collection area pursuant to this chapter.
Any person to violate or to cause or to assist in the violation of any provision of this chapter or any implementing rule or regulation promulgated.
Any person to place or to cause to be placed any material other than a designated recyclable in or near a recycling collection area.
Any person to hinder, obstruct, prevent or interfere with this town's employees or other authorized persons in the performance of any duty under this chapter or in the enforcement of this chapter.
All unlawful conduct set forth in this section shall constitute a violation.
The town or any other person authorized to collect 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.
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 pay a fine of not more than $1,000 and not less than $100, or any combination of the above penalties.
Each failure to source-separate recyclables in violation of this chapter on each subsequent collection day shall constitute a separate offense.
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.
The penalties and remedies prescribed by this chapter shall be deemed concurrent. The existence or exercise or 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 constructed so as best to achieve and effectuate the goals and purposes hereof.
The provisions of this chapter are severable. If any provisions of this chapter or its application to any person or circumstances is held invalid, said invalidity shall not affect any other provision or application of this chapter which can be given effect without the invalid provision or application of the chapter.
All provisions of any other chapter or ordinance which are inconsistent with the provisions of this chapter are hereby repealed.
This chapter shall become effective upon filing with the Secretary of State.