[Adopted 4-19-1988 by L.L. No. 1-1988]
A.
In Section 1 of Chapter 773 of the 1987 Laws of the State of New
York, entitled "An Act in Relation to Solid Waste Treatment and Disposal
in Saratoga County," effective August 7, 1987, the New York State
Legislature finds, declares and determines that "the present and existing
systems for the disposal of solid waste generated or disposed of within
the boundaries of the County of Saratoga threaten the present and
future health, safety, welfare and environment of the people of such
County... and that such situation transcends local boundaries, interests
and motivations and is therefore a matter of state concern." As defined
in such state law, "solid waste disposal activities" include, among
other things, such activities as separation, transportation, delivery,
storage, handling and the processing of solid waste.
B.
Pursuant to Section 3 of such law, the Saratoga County Board of Supervisors
is empowered to adopt and amend local laws which impose appropriate
and reasonable limitations on competition with respect to, among other
things, the processing or recovery of any material and requiring that
all or any portion of the solid waste generated, originated or brought
within the County of Saratoga be delivered to recycling centers as
determined by the County of Saratoga's Board of Supervisors.
C.
On January 19, 1988, by the adoption of Resolution No. 19 of 1988,
entitled "Assuming the Lead Role Relative to Resolving the Problems
of Solid Waste Disposal in Saratoga County," the Saratoga County Board
of Supervisors did assume the lead role in examining all alternatives
for the disposal of solid waste within Saratoga County, and the Board
of Supervisors did also accept the responsibility of developing the
most cost-effective and environmentally safe solution for the disposal
of solid waste in Saratoga County.
D.
In keeping with this charge, the 1988 Solid Waste Committee has recommended
a staged County-wide recycling program which, in the first instance,
shall require the source separation of newspapers and discarded scrap
(white) metal. It is intended that an expanded recycling program of
other materials shall be initiated as the County of Saratoga gains
experience and formalizes its recycling procedures.
E.
The County of Saratoga's goal is to reuse and to recycle materials
such as paper, glass, yard wastes, metals and other recyclable materials
which can be separated from nonrecyclable wastes at the source, i.e.,
at the residence or at the nonresidence where the waste is created.
Such reduction and recycling of solid waste are in keeping with the
expressed policy of the State of New York to save landfill space,
reduce waste disposal problems, and to conserve our precious natural
resources.
F.
Recycling will be a new challenge to our residents, one to be learned
and to be improved upon. Education, participation and cooperation
are the elements of a successful recycling program, and when the County
has a successful recycling program operating, it will be a keystone
in the management of the Saratoga County Solid Waste Management Plan.
[Amended 9-27-1988 by L.L. No. 6-1988; 5-16-1989 by L.L. No. 2-1989; 3-20-1990 by L.L. No. 4-1990; 7-17-1990 by L.L. No. 6-1990]
As used in this article, the following terms shall have the
meanings indicated:
Large items and materials of iron, steel, aluminum, brass
and copper, but shall not include tin cans, tin jar covers and similar
small items.
Transparent or pellucid glass which has no tint or color;
which is clean and free of any material (liquid or solid); which is
without caps, lids or closures of any type; which is without plastic
coating or netted covering of any kind, and which shall not include
light bulbs, plate glass, cobalt glass, china or any other glass or
nonglass material.
All other individuals, firms, corporations and entities not
defined as a "residential user" delivering solid waste.
Clean newspapers.
Bottles composed of polyethylene terephthalate (PET No. 1),
high-density polyethylene (HDPE No. 2) or polyvinyl chloride (V No.
3), clean and free of any material, liquid or solid, without any cap,
lid or other type of closure and bearing the SPI code system on the
bottom. This SPI code is the numeral 1, 2 or 3 in the center of a
triangular figure, comprised of three curved arrows with the letters
"PET," "HDPE" or "V" located at its base.
[Amended 3-19-1991 by L.L. No. 4-1991]
Newspapers, scrap (white) metal, bulk metal, clear glass,
plastic bottles (SPI codes PET No. 1, HDPE No. 2 and V No. 3) and
tin cans, as defined herein.
[Amended 3-19-1991 by L.L. No. 4-1991; 2-15-1994 by L.L. No. 1-1994]
Any individual who deposits solid waste originating from
a private residence who hauls such solid waste either by passenger
vehicle or by pickup truck.
Large appliances such as refrigerators, stoves, washing machines
and clothes dryers.
All materials or substances discarded or rejected as being
spent, useless, worthless or in excess to the owners at the time of
such discard or rejection.
Segregation of recyclables to be discarded.
Any steel or other ferrous material container used to store
food or beverage. Containers for other items, such as aerosols or
household hazardous materials, are not tin cans within the meaning
of this article.
[Added 2-15-1994 by L.L. No. 1-1994]
[Amended 3-20-1990 by L.L. No. 4-1990; 9-25-1990 by L.L. No. 8-1990]
Source separation shall be required of each and every person
in the County of Saratoga discarding recyclables as defined herein.
Failure to comply shall result in the following penalties:
A.
Residential users. Any residential user violating any provision of
this article shall be guilty of a violation and, upon conviction thereof,
shall be punishable by a fine not to exceed $100 for the first offense,
$200 for the second offense and $300 for each subsequent offense,
or by imprisonment in the County jail for a term not to exceed 15
days, or by both such fine and imprisonment.
B.
Commercial users. Any commercial user violating any provision of
this article shall be guilty of a violation and, upon conviction thereof,
shall be punishable by a fine not to exceed $300 for the first offense,
$700 for the second offense and $1,000 for each subsequent offense,
or by imprisonment in the County jail for a term not to exceed 15
days, or by both such fine and imprisonment.
Recyclable materials separated in accordance with this article
shall not be buried in any landfill in the County of Saratoga. Such
recyclable materials shall be disposed of in accordance with the procedures
promulgated by the County of Saratoga's Public Works Commissioner.
In accordance with the provisions of Section 4 of Local Law
No. 4 of 1980 of the County of Saratoga, which is "A Local Law Establishing
the Department of Public Works for the County of Saratoga," the Commissioner
of Public Works does possess such powers and duties with respect to
the disposal of solid waste as determined by the Board of Supervisors.
In connection therewith, the Commissioner of Public Works is hereby
designated to administer the County's responsibilities pertaining
to the implementation of recycling in the County of Saratoga. The
Commissioner is hereby empowered to establish procedures relative
to the designating of County recycling centers; the determination
of the effective dates for compliance with this article, and the establishment
of operational procedures designed to effectively recycle and reuse
recyclables.
