[HISTORY: Adopted by the Town Board of the
Town of Tuxedo 9-23-1992 as L.L. No. 5-1992. Amendments noted where
applicable.]
This chapter shall be known as the "Town of
Tuxedo Recycling Law."
A.
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.
B.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The Town Board of the Town of Tuxedo.
Organic yard and garden waste, leaves, grass clippings and
brush.
A.
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.
B.
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.
C.
Expansion of program.
(1)
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:
(2)
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.
D.
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.
E.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
It shall be unlawful for:
(1)
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.
(2)
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.
(3)
Any person to place or to cause to be placed any material
other than a designated recyclable in or near a recycling collection
area.
(4)
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.
B.
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.
A.
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.
B.
Each failure to source-separate recyclables in violation
of this chapter on each subsequent collection day shall constitute
a separate offense.
A.
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.
B.
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.
