Junk and junk dealers — See Ch. 280.
Property maintenance — See Ch. 342.
ARTICLE IRecycling (§ 383-1 — § 383-9)
§ 383-2Purpose; establishment; effective date.
§ 383-4Responsibilities of owners and occupiers.
§ 383-5Source separation.
§ 383-6Collection of materials placed at curbside; exceptions.
§ 383-7Deposit at transfer station; exceptions.
§ 383-8Licensing requirements for collectors.
§ 383-9Enforcement; penalties for offenses.
This article shall be known as the "Mandatory Recycling Law of the Village of Sloan."
Whereas the reduction, reuse and recycling of solid waste are important public concerns and will aid in the protection and preservation of the environment; and whereas the Solid Waste Management Act of 1988 mandates passage of a source separation ordinance or law by each local municipality within New York State by September 1, 1992, to require that solid waste which has been left for collection or which is delivered by the generator of such waste to a solid waste management facility shall be separated into recyclable, reusable or other components for which economic markets for alternate uses exist; now, therefore, be it resolved that the Village of Sloan establishes mandatory recycling within this municipality, which will be effective on August 1, 1992.
As used in this article, the following terms shall have the meanings indicated:
- AUTHORIZED COLLECTOR
- A person, individual, partnership or corporation, or employer or agent thereof, authorized by contract or license with the municipality to collect solid waste from residential, commercial and institutional properties, as herein defined, under the terms and conditions of this article. In the event of municipal collection, this definition shall include the governing body and employees thereof.
- Large items such as sofas, upholstered chairs, mattresses and box springs but excluding large appliances (white goods) such as refrigerators, stoves, dishwashers, washers, dryers, etc., which are considered recyclable.
- The person, firm, agency or public body or employee or agent thereof who is engaged in the collection of and/or transportation of solid waste.
- COMMERCIAL OPERATIONS
- All properties used for industrial or commercial purposes, including but not limited to retail and wholesale establishments, apartments with four or more units, trailer courts, offices, garages, gas stations, manufacturing and repair establishments, banks, motels, restaurants and other similar and related facilities.
- A can, bin, box, bag or other unit used for the storage of recyclable materials.
- Any solid waste management/resource-recovery facility employed beyond the initial solid waste collection process, which is to be used, occupied or employed for or is incidental to the receiving, transporting, storage or processing or disposal of solid waste or the recovery by any means of any material or energy product or resource therefrom, including recycling centers, transfer stations, processing systems, resource-recovery facilities, sanitary landfills, plants and facilities for composting or landspreading of solid wastes, secure land burial facilities, reprocessing and recycling facilities, surface impoundments and waste oil storage, incinerators and other solid waste disposal, reduction or conversion facilities.
- HAZARDOUS WASTE
- Solid waste that is especially harmful or potentially harmful to public health. This shall include but not be limited to explosives, toxic materials and medical waste. For purposes of this article, "hazardous waste" does not include small quantities of such waste available on a retail basis to the homeowner (e.g., aerosol cans, pesticides, fertilizers, etc.)
- An organization or establishment devoted to the promotion of a particular object or cause, including schools, nursing homes and retirement homes, health facilities, governmental facilities, libraries, fire halls, etc.
- MUNICIPAL SOLID WASTE (MSW)
- All putrescible and nonputrescible materials, including garbage, refuse and other discarded solid materials, including but not limited to solid waste materials resulting from industrial, commercial and agricultural operations and from community activities. Liquids, semisolids and contained gaseous materials are hereby defined as "solid waste." It shall not include solids or dissolved material in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial wastewater effluents, dissolved materials in irrigation return flows or other common water pollutants. In addition, it shall not include hazardous waste.
- Any individual, firm, partnership, association, corporation, institution or other entity.
- PRIVATE COLLECTOR
- A person, firm, corporation or legal entity providing for the collection of MSW and/or recyclable materials. To operate in the Village of Sloan, they shall be required to obtain a license from the Village and be subject to the rules and regulations of the Village.
- PRIVATE SUBSCRIPTION
- The collection of MSW and recyclable materials where the resident contracts directly with the private collector of the subscriber's choice.
- RECYCLABLE MATERIALS
- Those materials specified by the municipality for separate collection in accordance with recycling regulations. Such materials may include but are not limited to:
- The separation, collection, processing, recovery and sale or reuse of metals, glass, paper, plastics and other materials which would otherwise be disposed of as solid waste.
- Any person residing within the Village on a temporary or permanent basis, but excluding persons residing in hotels or motels.
- RESIDENTIAL PROPERTY
- Properties used as dwellings, including buildings having up to four dwelling units in one building. Multiple-dwelling residential buildings containing more than four dwelling units, for purposes of this article, shall be treated as commercial properties.
- SOLID WASTE MANAGEMENT
- The purposeful systematic control of the storage, collection, transportation, processing and disposal of solid waste.
- SOURCE SEPARATE
- To separate the recyclable materials from the MSW stream at the point of waste generation.
- YARD WASTE
- Organic yard and garden waste, leaves, grass clippings and brush.
No person shall permit any municipal solid waste to accumulate for a period of longer than seven days upon property owned or occupied by said person in the municipality.
Owners and occupiers of residential property are hereby required to make accumulated municipal solid waste available for collection as scheduled under the terms hereof. (These subsections do not apply to owners, occupiers and tenants of farm property.)
All municipal solid waste accumulated on any residential property in the municipality shall be collected, conveyed and disposed of by the municipality or by an authorized collector under contract with the municipality (or by a licensed private collector under private subscription) and in accordance with the provisions of this article.
All municipal solid waste accumulated on commercial and institutional properties shall be collected, conveyed and disposed of by authorized collectors under contract with or licensed by the Village of Sloan. In such a case, where a commercial or institutional establishment contracts directly with a collector, the fee or payment shall be a matter of private agreement between the owners or occupiers and the collector. When approved by the municipality, owners of nonresidential properties may collect, convey and dispose of privately generated municipal solid waste by their own containers and/or trucks, provided that they comply with the provisions of this article applicable thereto and New York State Department of Environmental Conservation regulations.
It shall be unlawful for any person to collect and dispose of any municipal solid waste within the Village of Sloan except as provided in this article.
Municipal solid waste generated or originated within the Village of Sloan which has been left for collection or which is delivered by the generator of such waste to a facility shall be handled in the following manner:
Prior to initial collection or transport, source separation shall be required of each and every person or party discarding municipal solid waste and/or recyclable materials. Recyclable materials shall not be co-mingled with other solid waste during collection, transportation or storage following collection.
Collectors collecting residential, commercial and/or institutional MSW generated within the Village of Sloan shall refuse to collect MSW from any person or party who has clearly failed to source-separate the recyclable materials and/or who has not properly prepared the recyclable materials to the specifications of the collector. A written explanation shall be provided to the person or party for the reason of the refusal for collection of the materials by the collector.
More particularized rules applicable to recycling procedures can be set forth in Schedule A, which is attached hereto, incorporated by reference herewith and made a part hereof.
Only authorized collectors who are acting under authority of the Village of Sloan shall collect, pick up, remove or cause to be collected, picked up or removed any solid waste recyclable materials so placed for collection; each such unauthorized collection, pickup or removal shall constitute a separate violation of this article; provided, however, that where the authorized collector has refused to collect certain recyclable materials because they have not been separated, placed or treated in accordance with the provisions of this article, the person responsible for initially placing those materials for collection may and shall remove those materials from any curb, sidewalk or streetside.
Nothing herein shall prevent any person from making arrangements for the private collection, sale or donation of recyclable materials prior to placement at the curbside.
Any person(s) may bring all source-separated recyclable materials to the Village of Sloan's owned and operated solid waste management facility. These recyclable materials shall be prepared to the specifications of the Village of Sloan and will be placed in the designated storage containers. Once deposited in the designated containers, the recyclable materials become the property of the Village of Sloan.
Nothing herein shall prevent any person from making arrangements for the private collection, sale or donation of recyclable materials prior to deposition at the facility.
All authorized collectors must obtain a solid waste collection license from the Village of Sloan. A fee for such license shall be set by the governing body on an annual basis, and all licenses shall be issued for the calendar year or such portion thereof. There shall be no reduction in the fee for a license issued after the beginning of any calendar year.
An authorized collector's sticker shall be prominently displayed on each vehicle operated by or on behalf of the authorized collector.
Authorized collector applications may be denied if the applicant or licensee has been adjudged or administratively determined to have committed one or more violations of this article during the preceding calendar year.
All authorized collectors licensed by the Village of Sloan indemnify and hold harmless the Village of Sloan for any pending, threatened or actual claims, liability or expenses arising from waste disposal by the authorized collector in violation of this article.
Authorized collectors shall offer collection services for all recyclable materials to all residential customers from whom they provide MSW collection services at the same times and on the same days as services are provided to their customers for solid waste collection.
Each collector who shall apply for a license under this section shall state the manner of collection and the place and method of disposal of the MSW and recyclable materials from its residential, commercial, industrial and institutional customers. Each collector shall maintain separate monthly records of solid waste and recyclable materials collected, transported or disposed of by the authorized collector which include the following information:
The municipality or geographical area and number of units in which the solid waste or recyclable material was generated.
The quantity, by ton, of solid waste and of each type of recyclable material collected.
The quantity, by ton, of recycled material delivered to a recycling facility(ies) and the location of the recycling facility(ies).
The quantity, by ton, of solid waste delivered to each facility.
Reports containing the information required as stated above shall be compiled and delivered to the Village Clerk or other designated individual for each reporting period as designated by the regulations, but which shall be no more frequently than quarterly.
Authorized collectors shall not accept for collection MSW which has not been source-separated in conformity with this article.
When the designated public official determines that a failure to comply with this article may have occurred, she/he shall recommend to the municipality that the authorized collector application or the license be denied, suspended or revoked or its holder subjected to a reprimand or fine or that the generator or originator of the solid waste or recyclable materials be subject to sanctions, fines or penalties as described herein. Notice and an opportunity to be heard shall be provided prior to the denial, suspension or revocation of a solid waste license or authorized collector permit or the issuance of a sanction, fine or penalty.
The designated public official shall notify the affected generator, applicant or licensee of the alleged failure in writing. The notice shall include the following:
The notice shall be personally served or sent by registered mail to the generator, applicant or licensee's last known address at least 10 days before the hearing date, with a copy to the administrator.
The generator, applicant or licensee may be represented by counsel at the hearing and may offer evidence and cross-examine witnesses.
Within 20 days after the close of the hearing, the Cheektowaga Town Justice shall:
Determine whether the alleged failure to comply with this article has occurred; and
If the Cheektowaga Town Justice determines that such a failure has occurred, decide whether the generator or applicant shall be subject to a fine or penalty; the application shall be denied or an existing solid waste license or authorized collector status be suspended or revoked or its holder subjected to a reprimand; and issue an order carrying out this decision.
Determinations, decisions and orders. Disposition may be made by stipulation, agreed settlements, consent order, default or other informal method. The Cheektowaga Town Justice shall promptly notify the applicant or licensee, in writing, of the final determination, decision or order.
Inspections and appearance tickets.
All portions of vehicles and containers used to haul, transport or dispose of recyclable materials, including such containers placed outside residences, shall be subject to inspection to ascertain compliance with this article by any police officer, peace officer, code officer and any other public official designated by the Village of Sloan.
Police officers, peace officers, code officers and the specified public servants are hereby authorized and directed to issue appearance tickets for violations of this article.
During any 12 consecutive months, the failure of any person engaged in the business of collecting MSW and/or recyclable materials or rendering solid waste and/or recycling services who is not authorized by the Village or who collects, picks up, removes or causes to be collected, picked up or removed MSW or recyclable materials in a manner not in compliance with this article shall be guilty of a violation, punishable by a fine of not less than $200 and not exceeding the sum of $1,000 or by imprisonment for a term not exceeding 15 days, or both. Each day such violation occurs or continues shall constitute a separate offense.
Failure of a waste generator to comply with the provisions in this article designated as violations shall be punishable as follows:
For the first conviction: by a written warning clearly stating the nature of the violation and a schedule of fines for future convictions.
For the second conviction within one year: by a fine of not less than $40 nor more than $75.
For the third conviction within one year: by a fine of not less than $75 nor more than one $125.
For a fourth and each subsequent conviction within one year: by a fine of not less than $125 nor more than $275.
Any penalties or damages recovered or imposed under this article are in addition to any other remedies available at law or equity.
No penalties, fines, civil sanctions or other enforcement actions will be commenced prior to January 1, 1993, in order to permit persons regulated hereunder to come into compliance with this article.