[HISTORY: Adopted by the Town Board of the Town of Schaghticoke 8-11-1999 by L.L. No.
1-1999.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Conservation Advisory Council — See Ch. 7.
Junkyards — See Ch. 78.
Landfills — See Ch. 82.
[1]
Editor's Note: This local law also repealed former Ch.
106, Solid Waste Management, adopted 6-28-1990 by L.L. No. 4-1990.
A.
It is hereby determined that the public order, safety, health and
welfare of the Town of Schaghticoke requires the reasonable regulation
of the manner in which solid waste is managed and disposed of within
the Town of Schaghticoke. This chapter shall be known as the "Solid
Waste Management Local Law."
B.
It shall be the purpose of the Town of Schaghticoke Solid Waste Management
Law to encourage and facilitate the maximum reduction, reuse and recycling
practicable on the part of each and every household, business and
institution within the Town of Schaghticoke. It shall further be the
purpose of the Town of Schaghticoke Solid Waste Management Law to
establish, implement and enforce minimum recycling-related practices
and procedures to be applicable to all waste generators within the
town.
As used in this chapter, the following terms shall have the
meanings indicated:
The light brown or gray packaging material used for dry goods
(cereals, pasta, tissues) or white packaging used for health and beauty
aids/medicines; excluding packaging used for items stored in refrigerators
or freezers.
An item of solid waste larger than two feet by two feet by
four feet and/or having a weight in excess of 50 pounds.
Solid waste delivered to the town transfer station in aggregate
weight in excess of 100 pounds and/or volume in excess of one cubic
yard, whichever shall be less, consisting of any combination of wood,
lathe, plaster, concrete, cement, bricks, mortar, roofing materials
and/or other debris removed in the construction, reconstruction, remodeling,
alteration, destruction, razing and/or removal of any residential
(or ancillary thereto), agricultural, commercial and/or industrial
building.
Cardboard containers, boxes and packaging which are cleared
of contamination by food waste, metals or plastics and which have
been flattened for collection.
The facility designated by the town to receive all MSW collected
by a designated hauler within the town, as well as C&D materials
collected at the town's transfer station during special collection
days so designated by the town.
The entity designated by the town to provide curbside collection
of solid waste and recyclables from residences within the town.
A facility permitted under applicable federal, state and/or
local laws that collects, stores and/or processes recyclables for
end uses other than waste disposal.
Instances in which the full avoided costs of proper collection,
transportation and disposal of source-separated materials are equal
to or greater than the cost of collection, transportation and sale
of said material, less the amount received from the sale of said material.
The Eastern Rensselaer County Solid Waste Management Authority,
a public benefit corporation created by an act of the New York State
Legislature in 1989 to manage solid waste and recycling activities
for its member municipalities.
Empty, washed, glass jars, bottles and containers of clear,
green and amber (brown), with caps removed. This term excludes ceramic,
window glass, auto glass, mirror glass and kitchenware.
A waste or combination of 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.
Brochures, newsletters and other advertising promotions made
from bond, newspaper or magazine stock, including envelopes, but excluding
all nonpaper coverings, packaging or samples; often delivered through
the postal service to residents and businesses.
Common machine finished, glossy paper made chiefly from wood
pulp and clay fillers/additives.
All ferrous and nonferrous containers, including steel, aluminum
and composite cans and containers; foil and foil tins cleaned of food
waste.
Common machine-finished paper made chiefly from wood pulp
used for printing newspapers, including glossy inserts.
Bond paper, including computer print-out, photo copy and
ledger; envelopes; brown kraft or other paper bags, and gift wrap
(free of foils, ribbon or plastic coatings/decorations).
High-Density polyethylene (HDPE), polyethylene terepthalate
(PET) and polypropylene (PP) bottles, including empty, washed food,
beverage, detergent, bleach and hair-care bottles with lids removed;
excludes bottles containing motor oil as well as all tubs, film, vinyl,
rigid and foam polystyrene or other plastic materials.
Discarded materials, including but not limited to newspaper,
magazines, telephone books, cardboard, glass, plastic and/or metal
containers, scrap metals or other items, for which economic markets
exist, as determined by the ERCSWMA and the town and published in
a list on file with the Town Clerk.
Ferrous and nonferrous metals, including appliances, wire,
pipes, tubing, motors, sheet metal and other items made from said
materials.
Materials or substances discharged or rejected as being spent,
useless, worthless or in excess to the owner at the time of such discard
or rejection, except sewage and other highly diluted water-carried
materials or substances and those in gaseous form. Such waste shall
include but are not limited to garbage, rubbish, ashes (excluding
incinerator residue), street cleanings, industrial waste, commercial
waste, construction debris and demolition debris.
When recyclables are separated from other components of the
solid waste stream by the waste generator according to procedures
determined by the ERCSWMA and the town, and published in a document
titled "Source Separation Procedures" on file with the Town Clerk.
The Town of Schaghticoke, inclusive of the Village of Schaghticoke
and that portion of the Village of Valley Falls situated on the north
side of the Hoosic River.
The town's facility on New York State Route 67 used
to store recyclables collected by the designated hauler and/or brought
to the facility during special collection days.
Any individual, public or private business, institution,
industry or organization that generates solid waste within the town.
A.
The Town Board, from time to time, shall by resolution establish
the hours of operation of the town transfer station and may, from
time to time, by resolution designate special collection days for
the collection and disposal of specific items of solid waste.
B.
The Town Board, considering the public order, health, safety and
welfare of the town, may, from time to time, prohibit the collection
and disposal of specific items of solid waste at the town transfer
station.
C.
The Town Board, from time to time, shall by resolution establish
a schedule of fees for collection and disposal of specific items of
solid waste, including bulk items and for construction and demolition
debris and other specific items of solid waste so designated by the
Town Board.
D.
The Town Clerk of the Town of Schaghticoke is designated as the agent
for the collection of fees under this chapter.
E.
The town transfer station shall be used exclusively for recyclables
originating and collected within the Town of Schaghticoke or within
a municipality that has been granted use of the transfer station by
the town; or for solid waste originating in the town and accepted
at the transfer station as part of a special collection day. No person
shall collect and dispose of solid waste or recyclables at the transfer
station originating, collected, accumulated, received, processed or
otherwise acquired outside of the Town of Schaghticoke except with
the express prior written permission of the Town Board.
F.
The town transfer station shall not be used for the collection or
disposal of any hazardous waste unless the Town Board has, by resolution,
agreed to host an ERCSWMA Household Hazardous Waste Collection Day
at the transfer station, in which case eligible hazardous waste may
be collected at the transfer station for proper off-site disposal
by a contractor so designated by the ERCSWMA.
G.
No person shall collect and/or dispose of solid waste, recyclables
or hazardous waste at the town transfer station without the permission
of the Town Board or it is duly authorized agent or employee.
H.
All solid waste and recyclables collected at the town transfer station
shall be disposed of in the manner and at the location to be determined
by the Town Board and the ERCSWMA or by their duly authorized agent
or employee.
I.
No person shall collect and/or dispose of solid waste, recyclables
or hazardous waste at the town transfer station unless in accordance
with this chapter.
J.
The Town Board, or its duly authorized agent or employee, upon a
determination that any person is violating any provision of this chapter,
in addition to any other remedy or penalty under this chapter, shall
be authorized to direct such person violating any provision of this
chapter to immediately cease and desist in the use of the transfer
station and to leave the site.
K.
Ownership of the solid waste collected and disposed of at the town
transfer station as required by the provisions of this chapter shall
be vested in the town.
L.
The town transfer station shall be operated in a manner consistent
with and encouraging the appropriate recycling of solid waste. The
Town Board, from time to time, may by resolution establish procedures
for collection, sorting, storage and disposal of recyclables at the
transfer station and may further enter into such agreements and contracts
as it deems appropriate to provide for the collection, sorting, storage
and disposal of recyclables.
A.
All solid waste generated in the town shall be sourceseparated for
collection by the town's designated waste hauler or by a solid
waste hauler contracted by the waste generator. The designated waste
hauler shall deliver all source-separated recyclables to the town
transfer station and deposit said materials in the appropriate roll-off
containers for eventual transport to a recycling facility designated
by the town, the ERCSWMA or its agent. Solid waste haulers contracted
by waste generators within the town shall assure that source-separated
recyclables are transported and delivered to a designated recycling
facility.
B.
A list of recyclables that are eligible and required to be source-separated,
as determined by the ERCSWMA and the town shall be maintained on file
at the Town Clerk's office in a document titled "Designated Recyclables."
Designated recyclables shall, until modified, include newspaper, magazines,
junk mail, boxboard, plastic, glass and metal containers. The Town
Board, from time to time and at least annually, shall update the Designated
Recyclables and Source Separation Procedures documents to reflect
changes in recycling markets and the recycling program.
C.
No person shall collect and dispose of eligible and required recyclables
as waste or combine recyclables with other components of solid waste.
D.
No person shall collect, remove or take recyclables collected and
disposed of at the town transfer station, unless specifically granted
such permission by the Town Board, ERCSWMA or their authorized agent
or employee.
A.
Any person convicted of violating any of the provisions of § 106-3 of this chapter, except § 106-3G, shall be guilty of a violation and be punished by a fine of not less than $25 nor more than $250. Upon any second or subsequent conviction, the court shall impose a fine of not less than $100 nor more than $250.
B.
Any person convicted of violating § 106-3G of this chapter shall be guilty of a violation and be punished by a fine of not less than $250 nor more than $500. Each article, item and/or container of hazardous waste collected and/or disposed of shall constitute a separate offense under this chapter.
C.
Any person convicted of violating any of the provisions of § 106-4 of this chapter shall be guilty of a violation and be punished by a fine of $10 for the first offense; upon a second conviction the court shall impose a fine of $25; upon a third or subsequent conviction the court shall impose a fine of not less than $50 nor more than $250.
