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Town of Porter, NY
Niagara County
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[HISTORY: Adopted by the Town Board of the Town of Porter as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-13-1991 by L.L. No. 5-1991]
This article may be cited as the "Town of Porter Recycling Law."
A. 
It is the intent of the Town Board to provide for the disposal of solid waste generated in the Town in an economical and environmentally sound manner and to reduce the amount of solid waste disposed of by landfill.
B. 
The provisions of this article apply to occupants of residential units whose solid waste is collected by a "collection agent" as defined in § 156-3 hereof.
[Added 5-9-1994 by L.L. No. 2-1994]
As used in this article, the following words shall have the meanings set forth:
COLLECTION AGENT
The person holding the contract with the Town of Porter to collect solid waste materials in the Town.
NONRECYCLABLES
All solid waste other than those listed above.
PERSON
Natural person, corporations, partnerships, or any other organization formed by two or more persons.
RECYCLABLE
May include, but not limited to:
A. 
Includes cans and other items made basically from aluminum.
B. 
Containers fabricated out of metal other than aluminum.
C. 
Bottles, jar and other containers made from glass.
D. 
The common inexpensive paper made from wood pulp and used primarily for newspapers. Excluded are glossy inserts, magazines and phone books.
E. 
Items made from high-density polyethylene (HDP), polyvinylchloride (PVC) and polyethylene terephthalate (PET). Styrofoam items are excluded.
F. 
Wood pulp-based material, generally smooth on both sides with a corrugated center.
G. 
Such other materials as the Town Board may by resolution add from time to time.
There is hereby established a program for the separation, preparation and collecting of recyclable waste in the Town of Porter.
A. 
The Town Board will determine from time to time what recyclables are to be separated and separately collected and when. Such information will be published in the official newspaper at least 30 days before the effective date of such collection.
B. 
The Town Board may change classification of nonrecyclables to recyclables as defined herein if it determines that reclassification is cost-effective or that economic markets exist for that waste. All generators will be notified of the change pursuant to this section.
[Added 5-9-1994 by L.L. No. 2-1994]
All designated recyclables shall be prepared, separated and collected as hereinafter set forth.
Containers for recyclables will be procured by the Town and distributed to each residence at no charge. Replacement containers will be supplied as needed at a price to be established by the Town Board.
Recyclable items will be separated from nonrecyclables and placed in the appropriate containers. Aluminum, glass, metal and plastic containers shall have the tops removed and shall be rinsed of contents.
From the time that a resident places recyclable materials at curbside for collection, title to such materials shall vest in the Town. No person who is not acting under the authority of the Town shall collect or remove any such material. Each such removal shall constitute a separate violation of this article.
[Added 5-9-1994 by L.L. No. 2-1994]
The provisions hereof also apply to commercial, industrial and institutional waste generators. In the event they do not have recyclables collected pursuant to law or contract, they shall be responsible for the same prior to being disposed of in any manner, whether left for collection or delivered to a solid waste management facility. The materials must be source separated.
Each violation of this article shall constitute an offense punishable by a fine not exceeding $250.