Village of Washingtonville, NY Chapter 145 SOLID WASTE

[HISTORY: Adopted by the Board of Trustees of the Village of Washingtonville: Art. I, 3-1-1993 by L.L. No. 1-1993. Amendments noted where applicable.]

GENERAL REFERENCES

Littering — See Ch. 109.

Article I Recycling

[Adopted 3-1-1993 by L.L. No. 1-1993]

§ 145-1 Legislative purpose; findings.

A. A resource recovery system for the mandatory separation of recyclables from garbage and refuse within the village is necessary to reduce the amount of solid waste disposed and assure that solid waste is disposed in the most economical and environmentally acceptable manner.

B. The Board of Trustees hereby finds that the mandatory recycling of certain waste materials is imperative to further the general health, safety and welfare of the village and its residents. The Board finds that the most effective means of regulating the recycling process is by adoption of regulations by resolution of the Board of Trustees and by implementation of laws and regulations adopted by the County of Orange.

§ 145-2 Definitions; word usage.

A. For purposes of this Article, 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.

B. As used in this Article, the following terms shall have the meanings indicated:

ASHES

The soft solid residue of combustion or any residue from the burning of any material.

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 made of paper pulp, including but not limited to corrugated boxes, "cardboard" cartons, pasteboard and similar corrugated materials.

DANGEROUS 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, including but not limited to any material defined as a "hazardous substance" under federal law.

GARBAGE

Any animal or vegetable refuse or waste matter capable of fermentation or decay.

NEWSPAPERS

A product printed on newsprint, including all newspapers, newspaper advertisements and comics.

OFFICE PAPER

Clean unsoiled paper, including noncarbonized untreated computer paper and stationery products; kraft paper materials, corrugated cardboard and pasteboard.

PERSON

Any individual, partnership, association, firm, corporation or any and all combinations of individuals acting in concert.

RECYCLABLES

Discarded material which may be reclaimed, comprising solid waste consisting of newspapers, glass bottles and jars and metal food and beverage cans, plastics and such other materials as designated by resolution of the Board of Trustees or by the County of Orange.

RECYCLING CENTER

Any combination of structure, machinery and facilities used for the off-loading of recyclables and the reloading of recyclables into vehicles for disposal and/or marketing.

REFUSE

Discarded material, including paper boxes, bottles, tin cans, papers, rags, shoes, metal, rubber, plastic and wooden scrap and other material of the same general nature.

SOLID WASTE

All putrescible and nonputrescible materials or substances that are discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including but not limited to garbage, refuse, industrial and commercial waste, sludges from air or water treatment facilities, rubbish, tires and ashes, contained gaseous material, incinerator residue, construction and demolition debris, discarded automobiles and offal.

§ 145-3 Adoption of regulations.

The Board of Trustees is empowered to promulgate and establish by resolution rules and regulations implementing the mandatory separation of recyclables established by this Article. Until regulations are adopted by the Board of Trustees, all laws and regulations adopted by the County of Orange with respect to recycling shall govern recycling in the village. Violations of such regulations shall be deemed a violation of this provision.

§ 145-4 Recycling requirements.

A. The recycling of certain materials is hereby required. Said materials shall be specified by resolution of the Board of Trustees. Until such resolution is adopted, materials designated by the County of Orange shall be recycled.

B. All recyclables shall be properly segregated and placed in closed, clean and sanitary waste receptacles for collection, removal and disposal.

C. Recyclables shall not be placed in the same waste receptacle or garbage can or otherwise mixed or combined with other forms of solid waste for collection, removal or disposal.

D. The Board of Trustees is empowered to designate the schedule for collection, removal and disposal of recyclables. Recyclables shall not be collected, removed or disposed of other than in conformance with a schedule established by the Board of Trustees.

E. No person having custody or control of premises within the village shall permit or cause any garbage, refuse or other solid waste, including recyclables, within his control to become a hazard or potential hazard to public travel, health or safety or to become a nuisance of any sort.

§ 145-5 Penalties for offenses.

A. Any person who commits, causes or permits any violation of any of the provisions of this Article shall be deemed to have committed an offense against such Article and shall also be liable for any such violation and the penalty therefor.

B. For every violation of any provision of this Article, except such provisions which specify a fine, the person shall be subject to a fine of not more than $250 or to imprisonment not exceeding 15 days, or to both such fine and imprisonment, and, in addition, any license or permit issued pursuant to this Article may be revoked.

C. In addition to the above-provided penalties, the Board of Trustees may also maintain an action or proceeding in the name of the village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of such Article.

D. Each day that a violation continues to exist shall be deemed a separate offense.

§ 145-6 Enforcement; rules and regulations.

The Board of Trustees is authorized to enforce the provisions of this Article; by resolution, to promulgate, amend and repeal rules and regulations implementing this Article; and, by resolution, to appoint enforcement officers, in order to carry out and enforce the intent and purposes of the Article. The Board of Trustees may revise by resolution any rule or regulation in order to conform to upgraded or otherwise revised standards.