This chapter shall be known as the "Town of
Tuxedo Recycling Law."
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:
CANS
Containers comprised of aluminum, tin, steel or a combination
thereof, which contain or formerly contained only food and/or beverage
substances.
CARDBOARD
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.
COMMINGLED
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.
GARBAGE
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food, excluding
fecal matters.
GLASS
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.
NEWSPAPER
Includes newsprint and all newspapers and newspaper advertisements,
supplements, comics and enclosures.
PAPER
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.
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 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.
RECYCLING
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.
RESIDENT
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.
RUBBISH
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.
TOWN
The Town of Tuxedo located within the County of Orange, State
of New York.
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.
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.
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.
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.