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Town of Oyster Bay, NY
Nassau County
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Table of Contents
Table of Contents
[Added 9-25-1973]
[1]
Editor's Note: Former § 201-66, Newspaper recycling provisions, as amended, was repealed 12-19-1969.
[Added 12-19-1989[1]; amended 7-26-2005 by L.L. No. 5-2005]
It shall be a violation of this article for any person to deliver solid waste to the Town solid waste disposal facility where such solid waste has been generated by a recycling participant and has not been source-separated and prepared in accordance with § 201-71 of this article.
[1]
Editor's Note: This ordinance repealed former § 201-67, Procedures and regulations; unincorporated areas.
[Added 12-19-1989[1]]
From the time of placement of recyclables for collection in accordance with the provisions of this article, such recyclables shall be deemed the property of the Town or its duly authorized agent. It shall be a violation of this article for any person without authority of the Town to collect, pick up, remove or cause to be removed or in any manner interfere with or disturb any recyclables therefrom.
[1]
Editor's Note: This ordinance repealed former § 201-68, Private collection agencies.
[1]
Editor's Note: Former § 201-69, Designation of recycling participants, added 12-19-1984, was repealed 7-26-2005 by L.L. No. 5-2005.
[Added 1-13-1987; amended 3-15-2022 by L.L. No. 3-2022]
Materials considered to be recyclable materials shall include but not be limited to those defined in Article I, § 201-1, of this Part 1. The Commissioner of Sanitation may, in his discretion, modify from time to time those materials subject to this section if market conditions so warrant. In the event that the Commissioner of Sanitation does modify the materials subject to this section, he shall cause reasonable notice of such action to be given to all persons affected thereby.
[Added 1-13-1987; amended 7-21-1987; 7-26-2005 by L.L. No. 5-2005]
A. 
It shall be the responsibility of each recycling participant to ensure that all recyclable materials are properly separated from other discarded materials and are cleaned or otherwise prepared for collection in accordance with this article.
B. 
All recyclable glass, metal, and plastic containers shall be placed in one or more recycling containers provided for that purpose by the Town. In the event that the amount or size of the recyclable materials exceeds the capacity of the designated containers, the excess recyclable materials shall be placed in separate weatherproof containers and placed alongside the designated containers when placed at the curb for collection.
C. 
Each recycling participant shall be entitled to one additional replacement recycling container at no charge from the Town upon a showing of need. Additional requests may be granted at the discretion of the Commissioner of Sanitation, who shall levy a fee covering the cost of such containers. This fee may be waived by the Commissioner of Sanitation upon a showing of good cause. Advance arrangements must be made for all additional recycling containers.
[Amended 3-15-2022 by L.L. No. 3-2022]
D. 
All recyclable materials shall be rinsed clean of all food and other particles.
E. 
Metal cans are to have their labels removed.
F. 
Newspapers, corrugated cardboard, magazines, office paper, and advertising mail shall be securely bundled and tied, in packages not to exceed 50 pounds and which shall not exceed 12 inches in height.
G. 
In the event that the Commissioner of Sanitation finds that additional measures are necessary in order for such recyclable materials to be marketable, he shall have the power to require that recycling participants undertake such measures, provided that adequate notice is given to such recycling participants.
[Amended 3-15-2022 by L.L. No. 3-2022]
[Added 1-13-1987; amended 12-19-1989; 3-15-2022 by L.L. No. 3-2022]
The Commissioner of Sanitation is hereby authorized to establish collection schedules and routes for the collection of recyclable materials and to cause reasonable notice of the requirements thereof to be given to the recycling participants within the Town's solid waste disposal district.
[Added 1-13-1987; amended 12-14-1993]
A. 
Notwithstanding any other provision of this article or chapter, used motor oil shall only be disposed of by delivery to a service station which is required under state law to accept such material or by depositing such material in any waste oil recycling tank or container maintained for that purpose by the Town.
B. 
The following uses of waste oil igloos or any other town- designated waste oil recycling tank or container are unlawful:
(1) 
Depositing of commercially generated used motor oil.
(2) 
Depositing of used motor oil by a nonresident.
(3) 
Depositing of hazardous wastes.
(4) 
Depositing of a quantity of used motor oil which exceeds more than 1 1/2 gallons for every 30 days.
(5) 
Disposing, dumping, discarding or depositing of any container or receptacle which contains therein more than one ounce of used motor oil within a three-hundred-foot radius of a Town of Oyster Bay waste oil igloo or other town-designated waste oil recycling tank or container.
C. 
Failure to comply with the provisions of § 201-73, Used motor oil, shall constitute a Class A misdemeanor, punishable by a fine not to exceed $1,000 but not less than $500 or by imprisonment for a period not exceeding one year, or by both such fine and imprisonment.
[Added 1-13-1987; 12-19-1989; 7-26-2005 by L.L. No. 5-2005; 3-7-2023 by L.L. No. 4-2023]
A. 
In the event that a recycling participant fails to separate and prepare recyclable materials for collection in accordance with the provisions of this article after being given reasonable notice of these requirements, collection of all solid waste from such dwelling may be suspended until such time as the owner or occupant can demonstrate compliance with the provisions of this article. Such compliance can be demonstrated by placing properly source-separated and prepared recyclable materials at the curb in one or more designated recycling containers on the next scheduled collection date for such recyclable materials.
B. 
In addition to the provisions of Subsection A above, any person committing an offense against this article or any provision or section thereof shall be guilty of a violation. Each day that such violation exists shall constitute a separate offense. Such an offense shall be punishable by a fine in accordance with the following schedule:
(1) 
Upon conviction for a first offense under this article, a fine not exceeding $100 or imprisonment for not more than 15 days, or both such fine and imprisonment.
(2) 
Upon conviction for a second offense under this article with five years of a previous conviction for a like offense, a fine of not less than $50 nor more than $150 or by imprisonment not to exceed 15 days, or by both such fine and imprisonment.
(3) 
Upon conviction for a third offense or subsequent offense under this article within five years of two previous convictions for a like offense, a fine of not less than $100 nor more than $250 or by imprisonment not to exceed 15 days, or by both such fine and imprisonment.
C. 
Any person found by the Bureau of Administrative Adjudication to have violated any provision of this article shall be subject to a monetary penalty within the range of fines authorized by this article.