[Adopted 1-6-1992 by L.L. No. 3-1991[1] (Ch. 50 of the 1975 Municipal Code)]
The Town of Saugerties, in an effort to create a responsible
solid waste management program and to comply with the provisions of
the New York State Solid Waste Management Act and with other appropriate
provisions of law, hereby establishes this mandatory recycling ordinance.
It is the intention of the Town of Saugerties to establish and enforce
rules and regulations to prevent the disposal of recyclable materials
in landfills. These materials shall be the property of the Town of
Saugerties when used for recycling purposes. It is also the intention
of the Town of Saugerties to enhance public perception and attitudes
toward recycling through education and special programs to demonstrate
that a large part of the solid waste stream contains recyclable and
reusable commodities.
The Town Board of the Town of Saugerties finds that:
A.
Allowing recyclable and reusable materials to enter the Town of Saugerties
transfer station will reduce its life expectancy;
B.
The use of the Town of Saugerties transfer station for disposal of
hazardous waste material poses a threat to human health and safety
through increased risk of groundwater pollution and other environmental,
health and safety hazards;
C.
Removal of recyclable and reusable commodities from the solid waste
stream will decrease the flow of solid waste to landfills, aid in
the conservation of valuable resources, provide a source of revenue
and other benefits to the Town, and reduce the required capacity of
existing and proposed resource facilities;
D.
The New York State Solid Waste Management Act of 1988 requires that
municipalities adopt a local law or ordinance by September 1, 1992,
for separating solid waste into recyclable, reusable or other components
for which markets or alternative uses exist; and
E.
Methods of solid waste management emphasizing reduction, recovery,
conversion, and recycling of solid waste are essential to the long-range
preservation of health, safety, and the well-being of the public,
to the economic productivity and environmental quality of the Town
of Saugerties, and to the conservation of resources.
In enacting this article, the Town Board of the Town of Saugerties
supports the following statutory purposes:
A.
To increase the life expectancy of existing and potential landfill
areas through a comprehensive program of waste stream reduction and
recycling;
B.
To decrease the threat to human health and safety posed by the effects
of landfill disposal on groundwater quality;
C.
To identify methods of collection, reduction, and separation which
will encourage the more efficient utilization of solid waste disposal
facilities and contribute to more effective programs for the reuse
of recyclable commodities;
D.
To ensure the long-range preservation of the health, safety, and
well-being of the public, and the economic productivity and environmental
quality of the Town of Saugerties by conserving resources and reducing
the potential for pollution of the environment;
E.
To conserve energy by using recovered materials in manufacturing;
F.
To set forth a methodology for efficiently separating and collecting
reusable and recyclable materials from the community's waste
stream;
G.
To implement the applicable provisions of the New York State Solid
Waste Management Act of 1988;
H.
To eliminate incineration at the Town of Saugerties transfer station
and in neighborhoods of the Town of Saugerties;
I.
To eliminate the need for a single, large countywide landfill or
megadump.
As used in the context of this article, the following definitions
shall apply:
As defined in the Environmental Conservation Law and including
but not limited to the following products and their containers: insecticides,
herbicides, petroleum products (other than automotive), caustic chemicals,
paints. Hazardous waste generally displays one or more of the qualities
of ignitability, corrosivity, reactivity, explosivity or toxicity.
Items that are reused but are not sent to a secondary materials
market; these can include but are not limited to materials otherwise
defined as recyclable, including clothing, books, lumber, furniture,
appliances and the like.
A disposal facility for the placement of solid waste not
deemed to be recyclable at the time of placement.
A landfill sized way beyond needed capacity.
That portion of the waste stream, including the nonrecyclable
portion of construction and demolition debris, not included as recyclables
and not treated separately as:
Special nuclear or by-product material, as defined in the
Atomic Energy Act of 1954, or low-level radioactive waste as defined
in the Environmental Conservation Law.
That portion of the waste stream that may be utilized as
a commodity if separated, and that is therefore an inappropriate burden
on the landfill; recyclables include but are not limited to:
ALUMINUMItems fabricated primarily of aluminum, including soda, beer, and other types of cans.
METAL CANSContainers fabricated primarily in steel, but not including aluminum.
GLASS BOTTLESTransparent or translucent jars, bottles and containers which are primarily used for packaging and bottling of various matters, including those glass bottles that are green, brown (amber) or clear (flint) in color.
PAPER PRODUCTSIncluding "newsprint," paper made chiefly from wood pulp used for newspapers; "office paper," bond paper and envelopes as well as computer paper and file stock; "magazines," glossy periodicals not including newsprint; and "junk mail," other glossy materials not including newsprint.
CARDBOARDWood-pulp-based material commonly used for boxes, including corrugated, which is usually smooth on both sides with a corrugated center; or chipboard, also known as "pressboard."
YARD ORGANICSGrass clippings, leaves, branches, and other like materials.
APPLIANCESToaster ovens, stoves, refrigerators, dishwashers, washing machines, and other small and large appliances.
PLASTICIncluding high-density polyethylene (HDPE), polyethylene terephalate (PET), bottles and containers or other plastics acceptable or specified by secondary materials markets.
SCRAP METALIncluding any metal scraps.
TIRESAll vehicle tires specified or accepted in accordance with the secondary materials markets.
WASTE OILVehicular used noncontaminated motor oil.
UNTREATED LUMBERIncluding lumber free of preservatives, stains or paint.
TEXTILESIncluding clothing, rags and other fabric materials that are uncontaminated and for which secondary materials markets may reasonably be expected to exist.
BATTERIESIncluding lead acid and household types.
All putrescible and nonputrescible wastes as defined in Part
360-1.2(a) of Title 6 of the New York Code of Rules and Regulations.
A temporary holding of recyclables that preserves their integrity
and marketability.
Upon the enactment of this article no recyclable materials shall
be landfilled in the Town of Saugerties. It is therefore the responsibility
of the Town of Saugerties or its authorized agent to:
A.
Provide appropriate facilities and establish standards for the collection
and storage of recyclables;
B.
Actively pursue markets for all possible recyclables, or provide
storage until such markets are available, through all appropriate
means, including intermunicipal agreements;
C.
Instruct the public on all items accepted for recycling in a format
that is easily accessible to the public; and
D.
Establish a solid waste advisory board to monitor and support the
recycling program and provide recommendations to the Town Board of
the Town of Saugerties on improvements to the program.
Preparation of recyclables for acceptance by the Town of Saugerties
shall be subject to the rules and regulations as set forth by the
Recycling Coordinator and/or authorized personnel and approved by
the Town Board. Materials shall be handled, stored and delivered in
such a manner as to not be a health or safety hazard, nor create a
nuisance to the public.
From the time any person places any recyclable material at or
near any curb, sidewalk, street or designated collection point for
purposes of collection by an authorized hauler, those recyclable materials
shall become the property of the Town of Saugerties. No person who
is not acting under the authority of the Town of Saugerties shall
collect, pick up, remove or cause to be collected, picked up or removed
any recyclable materials so placed for collection; each such unauthorized
collection, pick up or removal shall constitute a separate violation
of this section; provided, however, where the Town of Saugerties or
its authorized agent has refused to collect certain recyclables because
they have not been placed nor treated in accordance with the provisions
of this article, the person responsible for initially placing such
materials for collection may and shall remove those materials from
any curb, sidewalk or street side.
All residents, landlords, licensed or permitted haulers, business
companies, government offices, schools, not-for-profit agencies, clubs
and organizations within the Town of Saugerties shall be required
to follow the rules and regulations as promulgated under this article.
A.
Enforcement. All materials will be subject to inspection by the attendant
or attendants prior to disposal at the transfer station; enforcement
shall be the responsibility of the Recycling Coordinator, transfer
station attendant, and/or other authorized personnel;
B.
Violations and penalties. Any person, firm or corporation found to
be violating or neglecting to comply with any provisions of this article
or any rule or regulation promulgated pursuant thereto shall, upon
conviction thereof, be responsible for the cost of remediation of
the violation and shall be assessed a fine of up to $1,000 per incident.
Remediation required as a result of contamination of recyclables may
include the cost of labor to undo damages or the cost of the loss
of the value of the recyclables. It is the intention of this section
that the court use appropriate discretion in determining the amount
of the fine to be imposed.
[Added 1-6-1992 by L.L. No. 2-1992]
All nonresident individuals, landlords, licensed or permitted
haulers, business companies, government offices, schools, not-for-profit
agencies, clubs and organizations shall be required to follow all
rules and regulations as promulgated under this article.
A.
All nonresidents as set forth above shall be allowed to use the Town
of Saugerties Transfer Station or any other place designated by the
Town for deposit of recyclables only upon issuance of a permit by
the Town for such purpose.
B.
The required permit as set forth herein shall be issued by the Town
of Saugerties upon payment of a twenty-five-dollar yearly fee for
each permit.
