[HISTORY: Adopted by the Board of Trustees of the Village
of Sloan as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-15-1992 by L.L. No. 1-1992 (Ch. 155, Art. I, of
the 1989 Code)]
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:
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.
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.
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.
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.
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.
The collection of MSW and recyclable materials where the
resident contracts directly with the private collector of the subscriber's
choice.
Those materials specified by the municipality for separate
collection in accordance with recycling regulations. Such materials
may include but are not limited to:
ALUMINUM — Aluminum products and containers fabricated
primarily of aluminum and commonly used for soda, beer, beverages
or other food or drink.
METAL CANS — Containers fabricated primarily of steel
or tin or bimetal cans of steel, tin and/or aluminum, but not including
aluminum cans.
GLASS FOOD AND BEVERAGE CONTAINERS — New and used glass
food and beverage containers which have been rinsed and are free of
food contamination, including clear (flint), green and brown (amber)
colored glass bottles and jars. Glass shall not include ceramics,
plate glass, auto glass, Pyrex, leaded glass, mirrored glass or flat
glass.
PLASTIC FOOD AND BEVERAGE CONTAINERS — Includes high-density
polyethylene (HDPE) and polyethylene terephthalate (PET), designated,
respectively, as No. 2 and No. 1 on the recycling code located on
the containers.
NEWSPRINT — Common, inexpensive machine-finished paper
made chiefly from woodpulp and used for newspapers.
CORRUGATED — Woodpulp-based material which is usually
smooth on both sides with a corrugated center, commonly used for boxes,
and excludes material with a wax coating.
HIGH-GRADE PAPER — White and colored office bond, duplicating
paper, computer paper and other high-quality paper.
MAGAZINES — Magazines, glossy catalogs and other glossy
paper.
LARGE APPLIANCES — Stoves, refrigerators, dishwashers,
dryers, washing machines, water heaters and other large appliances
and scrap metal, but excluding air conditioners, microwaves and televisions.
The above materials will be reviewed quarterly and will be modified
as the need arises by the Village Engineer or other designated person.
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.
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.
The purposeful systematic control of the storage, collection,
transportation, processing and disposal of solid waste.
To separate the recyclable materials from the MSW stream
at the point of waste generation.
Organic yard and garden waste, leaves, grass clippings and
brush.
A.
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.
B.
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.)
C.
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.
D.
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.
E.
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.
A.
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:
(1)
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.
(2)
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.
B.
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.[1] Strict compliance with recycling rules and procedures
is mandated under this section. The Village Board reserves the right
to amend these rules and procedures by resolution as deemed appropriate
in the exercise of its discretion.
[1]
Editor's Note: Schedule A, Recycling Rules and Regulations,
is included at the end of this chapter.
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
An authorized collector's sticker shall be prominently displayed
on each vehicle operated by or on behalf of the authorized collector.
C.
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.
D.
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.
E.
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.
F.
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:
(1)
The municipality or geographical area and number of units in which
the solid waste or recyclable material was generated.
(2)
The quantity, by ton, of solid waste and of each type of recyclable
material collected.
(3)
The quantity, by ton, of recycled material delivered to a recycling
facility(ies) and the location of the recycling facility(ies).
(4)
The quantity, by ton, of solid waste delivered to each facility.
G.
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.
H.
Authorized collectors shall not accept for collection MSW which has
not been source-separated in conformity with this article.
A.
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.
B.
Notice.
(1)
The designated public official shall notify the affected generator,
applicant or licensee of the alleged failure in writing. The notice
shall include the following:
(2)
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.
C.
Hearing.
(2)
The generator, applicant or licensee may be represented by counsel
at the hearing and may offer evidence and cross-examine witnesses.
(3)
Within 20 days after the close of the hearing, the Cheektowaga Town
Justice shall:[2]
(a)
Determine whether the alleged failure to comply with this article
has occurred; and
(b)
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.
D.
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.[3]
E.
Inspections and appearance tickets.
(1)
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.
(2)
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.
F.
Penalties.
(1)
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.
(2)
Failure of a waste generator to comply with the provisions in this
article designated as violations shall be punishable as follows:
(a)
For the first conviction: by a written warning clearly stating
the nature of the violation and a schedule of fines for future convictions.
(b)
For the second conviction within one year: by a fine of not
less than $40 nor more than $75.
(c)
For the third conviction within one year: by a fine of not less
than $75 nor more than one $125.
(d)
For a fourth and each subsequent conviction within one year:
by a fine of not less than $125 nor more than $275.
(3)
Any penalties or damages recovered or imposed under this article
are in addition to any other remedies available at law or equity.
(4)
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.
