[HISTORY: Adopted by the Town Board of the Town of Colden:
Art. I, 8-4-1983; Art. II, 7-9-1992 by L.L. No. 2-1992. Section 102-3 amended and § 102-4
added at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Other amendments noted where applicable.]
[Adopted 8-4-1983[1]]
No person, firm, corporation, including public, private, or
municipal, or any other legal entity shall store, dump or otherwise
dispose of any waste, industrial-commercial waste, solid waste or
regulated waste on any lands or sites within the town, unless expressly
authorized by the Town Board as part of a comprehensive, regional
waste management plan, and after consideration and report of both
the Colden Planning Board and the Colden Conservation Board.
For the purposes of this Article, the following terms shall
have the meanings indicated:
Defined as provided in § 27-0303(1) of the New
York Environmental Conservation Law.
Defined as provided in §§ 27-0303(7) and 27-0901(11)
of the New York Environmental Conservation Law.
Defined as provided in § 27-0303(2) of the New
York Environmental Conservation Law.
Defined as provided in § 27-0303(4) of the New
York Environmental Conservation Law.
Defined as provided in § 27-0701(1) of the New
York Environmental Conservation Law.
[Amended 12-29-1984 by L.L. No. 1-1984]
Nothing in this Article shall be construed so as to prevent farm operations, animal housing, the storage, use and disposal of manure or other animal waste, junkyards or automobile wrecking yards, as otherwise permitted by Chapter 108, Zoning.
[Added 12-29-1984 by L.L. No. 1-1984]
Violations of this Article shall be punishable as set forth
in Title 27 of Article 71 of the Environmental Conservation Law.
[Adopted 7-9-1992 by L.L. No. 2-1992[1]]
[1]
Editor's Note: This local law also provided that it shall
take effect immediately, with compliance of its terms effective January
1, 1993.
This Article shall be known and may be cited as the "Recycling
Law of the Town of Colden."
This Article is enacted pursuant to the authority granted under
New York Town Law and New York Environmental Conservation Law regarding
solid waste reduction.
It is hereby declared the policy of the town to reduce the volume
of solid wastes. To achieve such volume reductions, the town shall,
by resolution, rule or regulation, provide for the implementation
of programs to separate recyclable materials from solid wastes and
to require solid waste haulers to comply with this policy.
The following terms shall have the meanings as set forth in
this Article:
Empty all-aluminum beverage and food containers.
Empty food or beverage containers consisting of ferrous sides
and bottoms and an aluminum top.
Those properties used primarily for commercial or industrial uses as perceived herein and as may be so identified in Chapter 108, Zoning, of the Code of the Town of Colden.
That material consisting of two or more pieces of kraft liner
separated by corrugated (fluted) liner board. Excluded are materials
without a corrugated interliner and those materials with a corrugated
liner made from rice or other non-wood-based materials.
The collection by the municipality or its authorized agent(s)
of recyclable materials placed at the curbside or other designated
locations.
Empty steel or tin food or beverage containers.
Bottles and jars made of clear, green or brown glass. Expressly
excluded are noncontainer glass, plate glass, blue glass and porcelain
or ceramic products.
That paper collected from commercial, institutional and municipal
establishments that was discarded from xerographic copiers, from nonthermal
computer printers, from general office use forms, memos and correspondence
and from print shops and other commercial printing processes. Material
sorting and classification grades will be specified in the regulations
specific to this chapter. Expressly excluded are papers with self
carbons, carbon paper, envelopes and all other grades of paper not
meeting the specifications in the regulations.
Those facilities that house or serve groups of people, e.g.,
hospitals, schools and nursing homes.
Leaves, garden residues and similar material, but not including
grass clippings.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals and printed on glossy or slick paper.
Expressly excluded, however, are all other paper products of any nature
whatsoever.
Paper of the type commonly referred to as "newsprint" and
distributed at fixed intervals, having printed thereon news and opinions,
containing advertisements and other matters of public interest. Expressly
excluded, however, are newspapers which have been soiled.
Owners, lessees and occupants of residences or commercial
or institutional establishments, individuals, partnerships or corporations.
Empty plastic food and beverage containers. Due to the large
variety of types of plastics, the recycling regulations shall stipulate
the specific types of plastic which may be recycled as determined
by the Town Board from time to time.
Any type of container approved by the Town Board.
Those materials which may be processed at a recycling facility
and specified by the Town Board to be recycled. The list of materials
shall be specified in the recycling regulations resulting from this
Article and may be revised from time to time as deemed necessary by
the Town Board.
Any occupied single- or multifamily dwelling from which a
municipal or private waste hauler collects solid waste.
All refuse (garbage and rubbish) and other discarded solid
material normally collected by a municipal or private hauler. Hazardous
or toxic waste as defined by the Department of Environmental Conservation
is not included in this definition as regulated by 6 NYCRR Part 364.
The duly elected and constituted legislative body of the
Town of Colden.
Prunings, grass clippings, weeds, leaves and garden waste.
There is hereby established by the Town of Colden, herein referred
to as the "town," a program that mandates the recyclable materials
which shall be kept separate from solid waste by all persons within
the municipality.
Recyclable materials shall be placed at the curb or in areas
designated by the town separate from solid waste for collection at
such times and dates as may be hereinafter established by regulations
or by contract with private collectors.
All persons or firms engaged in the collection or disposal of
solid waste are required to obtain an annual permit upon application
and approval of the Town Board. The Town Board shall determine by
resolution the cost of the permit and any requirements to be met by
the applicant. By this provision the Town Board specifically reserves
the discretion to determine the requirements for said permit, which
shall include but not be limited to the type of vehicles used for
collection, hours of collection, frequency of collection and provisions
against spillage and littering. It shall be a violation of this Article
for any persons unauthorized by the town to collect or pick up or
cause to be collected or picked up any such recyclable material. Each
such collection in violation hereof shall constitute a separate and
distinct offense punishable as hereinafter provided.
All persons or firms licensed to collect and dispose of solid
waste within the Town of Colden shall file a monthly report no later
than the 10th day of the month subsequent to the period of the report,
setting forth the names and addresses of any persons or firms which
have failed to separate recyclable materials from solid wastes. The
defining of recyclable materials shall be as set forth in this Article
and as may be determined from time to time by resolution of the Town
Board.
The town by its designated officer is authorized to enforce
this Article. The same is hereby authorized and directed to establish
and promulgate reasonable regulations as to the manner, days and times
for the collection of recyclable materials in accordance with the
terms hereof and any other matters required to implement this Article.
This shall include the licensing of solid waste collectors. The town
may change, modify, repeal or amend any portion of the said rules
and regulations at any time.
Any action by any person, firm, corporation or other entity
which violates or does not comply with any provision of this Article
or any regulation thereof shall be given a notice to remedy upon the
first violation, and thereafter shall be punishable by a fine not
to exceed $100 upon the first conviction, not more than $300 upon
the second conviction and not more than $1,000 upon each subsequent
conviction. Any person, firm, corporation or other entity which collects
such recyclable materials without authorization of the owner or of
the Town of Colden shall be punishable by a fine not to exceed $300
upon the first conviction, not more than $500 upon the second conviction
and not more than $1,000 upon each subsequent conviction. This Article
may be enforced in the Town of Colden Justice Court.
The town may negotiate and enter into agreements with public
or private agencies or firms to authorize them to collect all or part
of solid waste and recyclable materials from curbside or elsewhere
as designated by the town. The agreement with the private or public
agencies or firms may provide for the sharing of revenues generated
from the collection and sale of recyclable materials.
Any person may donate or sell recyclable materials to individuals
or organizations authorized or licensed by the municipality in its
recycling regulations. These materials must either be delivered to
the individual's or organization's site or they may be placed
at the curb for collection by said individual or organization on days
not indicated as recyclable material collection days by the municipality.
Said individuals or organizations may not collect recyclable materials
on or immediately preceding (within 24 hours of) a regularly
scheduled curbside collection day.
