[HISTORY: Adopted by the Town Board of the Town of Poestenkill 12-4-1989 by L.L. No. 1-1989 (Ch. 133, Art. I, of the 1986 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Dumping — See Ch. 113.
Junkyards — See Ch. 145.
This article shall be cited and may be referred to hereinafter as the "Mandatory Recycling Law of the Town of Poestenkill."
It is the goal of the Town of Poestenkill to facilitate the disposal of solid waste generated within the Town in the most economical and environmentally accepted manner and to reduce the total amount of solid waste disposed of by the Town. This program is further designed to protect the health and safety of the residents of the Town.
A. 
For the purposes of this chapter, certain words and phrases shall be construed herein as set forth in this section, unless it is apparent from the context that a different meaning is intended. When not inconsistent with the context, the present tense shall include the future, and words used in the plural shall include the singular and vice versa. Further, a masculine pronoun shall include the feminine. The word "shall" is always mandatory and not merely directory.
B. 
As used in this chapter, the following words shall have the meanings indicated:
BULK WASTE
An item of solid waste larger than two feet by two feet by four feet or heavier than 50 pounds.
CARDBOARD
A thick paperboard, including but not limited to corrugated boxes, cardboard cartons, pasteboard and similar corrugated materials, but excluding any such paperboard materials or containers which are coated or laminated with wax, plastic, acrylic or similar substance (e.g., milk cartons).
COORDINATOR
The Recycling Coordinator for the Town of Poestenkill appointed by the Town Board or his representative. (See also "Recycling Coordinator.")
DISPOSAL FACILITY
Any solid waste management plant or site under contract to receive solid waste originating from within the Town of Poestenkill.
DISPOSAL FEE
The fee charged by any disposal facility under contract with the Town of Poestenkill.
HAZARDOUS SUBSTANCE
Any material, natural or manufactured, which, by itself or in concentration with other like or dissimilar material, will contaminate to environmentally unsafe levels the atmosphere, soil or water, whether above or below the ground.
MULTIPLE RESIDENCE
A building or parcel of land having four or more dwelling units.
NEWSPAPERS
A paper product printed on newsprint, including all newspapers, newspaper advertisements and comics. Not included in this definition are magazines, telephone books or other advertising material printed on glossy or slick papers, whether enclosed with the newspapers or not.
NONRESIDENCE
Any building or parcel of land not used as a residence or a multiple residence as defined in this section.
PERSON
Any individual, partnership, association, firm, corporation or any and all combinations of same acting in concert.
PRIVATE CARTER
A contractor providing collection of solid waste services in the Town under license issued by the Town Board or by any commission or agency which may be hereafter created, established and so authorized by the Town Board, subject to rules, regulations and fee schedules which may be promulgated by the Town Board or by such commission or agency.
RECYCLABLE COLLECTOR
A contractor under contract with the Town of Poestenkill to provide collection of recyclables for remanufacture or reuse, subject to the terms and conditions of said contract with the Town of Poestenkill.
RECYCLABLES
Solid waste consisting of newspapers, glass bottles and jars, metal food and beverage cans, high-density plastics and such other materials as designated by the Recycling Coordinator and approved by the Town Board. Batteries and tires are also recyclables but shall be separately collected and disposed of as provided by the Recycling Coordinator and/or the Town Board.
RECYCLING CENTER
Any combination of structure, machinery and facilities used for the off-loading of recyclables from collection vehicles, the processing of recyclables and the reloading of recyclables into vehicles for marketing.
RECYCLING COORDINATOR
The individual appointed by the Town Board to administer, oversee and enforce the recycling program in the Town of Poestenkill, who shall also have the authority to promulgate, subject to the approval of the Town Board, rules and regulations reasonably necessary to the general functioning of said program and effectuation of the specific provisions of this chapter.
RESIDENCE
A building or parcel of land having three or fewer dwelling units.
RESIDENT
A person residing in a residence.
SOLID WASTE
Materials or substances discarded or rejected as being spent, useless, worthless or in excess by the owner at the time of such discard or rejection, except sewage and other highly diluted water-carried materials or substances and those in gaseous form. Such waste shall include but is not limited to garbage, sludge, rubbish, ashes, incinerator residue, street cleanings, dead animals, offal, abandoned vehicles, agricultural waste, industrial waste, commercial waste and construction and demolition debris.
SOLID WASTE SERVICE
The handling, removal, storage or disposal of solid waste, including but not limited to placing or removing containers for solid waste on or from sites within the Town not owned by the person placing or removing the containers and transporting solid wastes from or to any of the locations within the Town.
TOWN
The geographic area and confines of the Town of Poestenkill.
TOWN BOARD
The Town Board of the Town of Poestenkill.
WHITE GOODS
Refrigerators, ranges, stoves, washers, dryers, hot-water tanks, water softeners, dishwashers and similar large appliances, the collection and disposal of which shall be separately provided for by the Recycling Coordinator and/or the Town.
A. 
Separation and collection.
(1) 
It shall be the responsibility of all residents to separate recyclables from all residential solid waste and place them out for collection in the following manner:
(a) 
Newspapers, metal cans and glass shall be placed in containers supplied by the Town, separated from other solid waste.
(b) 
Prior to placement for collection and removal, glass and metal recyclables shall be cleaned, and all contents shall be removed therefrom. Caps shall be removed from glass recyclables. Labels shall be removed from metal cans, which should then be crushed. Plastic bottles should be crushed.
(c) 
Recyclables for collection shall be placed at the curbside on the day or days prescribed by the Recycling Coordinator.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(d) 
Recyclables shall not be placed in the same container as or otherwise mixed with other forms of solid waste.
(e) 
White goods, tires and batteries shall be separately disposed of in accordance with such specific rules and regulations and subject to such additional charges as may heretofore or hereafter be promulgated and established by the Recycling Coordinator and/or the Town Board.
(2) 
It shall be unlawful for a person to collect from a resident and dispose of solid waste which consists of recyclables combined with other forms of solid waste.
(3) 
Ownership of recyclables set out for collection shall thereupon vest in the Town. It shall be unlawful for any person, other than that person under contract with the Town, to collect, remove or dispose of recyclables which are the property of the Town.
(4) 
The Recycling Coordinator is empowered to designate the day or days of the week on which recyclables shall be collected and removed from a particular area. Recyclables shall not be collected or removed from any area except on the day or days of the week designated by the Coordinator. The foregoing notwithstanding, in areas which now have or may hereafter have general garbage pickup, recyclables shall be collected on the same day or days as such pickup.
(5) 
As of the effective date of this chapter, all nonresidences and multiple residences shall provide for the separate collection of recyclables as distinguished from other forms of solid waste.
B. 
Future recyclables. In order to effect an orderly implementation of this section, taking into account the present and future market conditions, availability of containers and other equipment and other factors as may bear on the effectiveness of this chapter, the Town Board is hereby empowered to phase in the application of this chapter to recyclable materials produced by residences, nonresidences and/or multiple residences by public notice published in a newspaper of general circulation within the Town no less than 60 days prior to the date of application of this section to any other recyclable material.
A. 
Any person engaged in the business of collecting solid waste and/or recyclable materials or rendering solid waste and/or recycling services who is not authorized by the Town or who collects, picks up, removes or causes to be collected, picked up or removed solid waste or recyclable materials in a manner not in compliance with this chapter 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
A violation of § 178-4A of this chapter shall also be punishable as follows:
(1) 
For a first conviction: by a fine of not less than $10 nor more than $25.
(2) 
For a second conviction within one year: by a fine of not less than $25 nor more than $50.
(3) 
For a third conviction within one year: by a fine of not less than $50 nor more than $100.
(4) 
For a fourth and each subsequent conviction within one year: by a fine of not less than $100 nor more than $250.