[HISTORY: Adopted by the Board of Trustees of the Village of Castleton-on-Hudson as indicated in article histories. Amendments noted where applicable.]
[Adopted at the time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
As used in this article, the following terms shall have the meanings indicated:
- Includes waste food, dead animal matter, vegetable matter or any other matter which shall be capable of fermentation or decay or which shall give off a noxious or disagreeable or dangerous odor or gas. The word "garbage," as defined and applied in this article, shall not include customary agricultural or gardening waste or matter.
- Includes waste metal, metal cans, glass, tires, rubbish, construction and demolition debris and other discarded substances of a solid or incombustible nature, other than garbage.
- A person having his domicile within the limits of the Village of Castleton-on-Hudson, Rensselaer County, New York.
No person, firm or corporation shall throw, dump, empty or deposit or permit to be thrown, dumped, emptied or deposited any refuse or garbage in any place in the Village of Castleton-on-Hudson except in a place or places and in a manner approved by the Village Board of Castleton-on-Hudson.
No person not a resident of the Village of Castleton-on-Hudson shall throw, dump, empty or deposit or permit to be thrown, dumped, emptied or deposited any refuse or garbage in any place in the Village of Castleton-on-Hudson. The use of a place or places approved by the Village Board for the disposal of refuse or garbage shall be for the exclusive use of the residents of the Village of Castleton-on-Hudson.
No person, firm or corporation shall throw, dump, empty or deposit or permit to be thrown, dumped, emptied or deposited any refuse or garbage in any place in the Village of Castleton-on-Hudson which shall come from or be brought directly from outside the Village of Castleton-on-Hudson.
No person, firm or corporation shall dispose of any hazardous or toxic or potentially hazardous or toxic chemicals in any place or places in the Village of Castleton-on-Hudson.
Any violation of any provision of this article shall be deemed an offense and, upon conviction thereof, shall be punishable by a fine not exceeding $250 or imprisonment for a term not exceeding 15 days, or both such fine and imprisonment. Each day a violation continues uncorrected shall be considered a separate offense. In addition to such fine and/or imprisonment, the violator, upon conviction, may be required to correct the condition or conditions constituting the violation, including reimbursement to the Village of Castleton-on-Hudson for any costs incurred by the Village in the cleanup, pickup or disposal of such refuse or garbage.
[Adopted at the time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
This article shall be known as the "Mandatory Recycling Ordinance" of the Village of Castleton-on-Hudson.
The Village Board of the Village of Castleton-on-Hudson finds that the reduction of the amount of solid waste and the conservation of recyclable materials are important public concerns and will aid in protecting the environment. The separation and collection of recyclable materials and other materials from residential, commercial, institutional establishments and rental complexes in the Village will reduce the total amount of solid waste presently generated in the Village, will reduce the need for landfills and will conserve the capacity of existing landfills. This article establishes mandatory recycling in the Village of Castleton-on-Hudson.
As used in this article, the following terms shall have the meanings indicated:
- BULKIES/WHITE GOODS
- Large items such as sofas, upholstered chairs, mattresses and box springs, all major appliances such as refrigerators, stoves, dishwashers, washers, dryers, etc.
- COMMERCIAL OPERATIONS
- Includes but are not limited to retail and wholesale establishments, offices, garages, gas stations, manufacturing, industrial and repair establishments, banks, motels, restaurants and other similar and related facilities.
- Include but are not limited to schools, nursing homes and retirement homes, health facilities, governmental facilities, libraries, fire halls, etc.
- MUNICIPAL SOLID WASTE (MSW)
- All putrescible and nonputrescible materials that have been discarded or rejected, including but not limited to garbage, refuse and rubbish. Not included are hazardous wastes as defined by the New York State Department of Environmental Conservation.
- The titled owner of the real estate in question, whether the title is in the name of one or more persons, a corporation and/or a partnership.
- PRIVATE COLLECTOR
- A person, firm, corporation or legal entity providing for the collection of MSW and/or recyclable materials. To operate in the Village of Castleton-on-Hudson, they shall be required to obtain a license from the Village and shall be subject to the rules and regulations of the Village.
- PRIVATE SUBSCRIPTION
- The collection of MSW and recyclable materials where the resident contracts directly with the private collector of the resident's choice.
- RECYCLABLE MATERIALS
- Those clean, noncontaminated materials designated by the Village Board as requiring source separation. They include but are not limited to newspapers, corrugated cardboard, clear glass bottles and jars, metal food and beverage cans and plastic containers designated "1" and "2" (HDPE and PET). The above materials are to be modified by the Village Engineer and approved by the Village Board, as the need arises.
- Any process by which materials which would otherwise become solid waste are collected, separated and/or processed, treated, reclaimed, used or reused.
- RENTAL COMPLEXES
- Includes facilities where persons live within the Village (i.e., apartments, trailer courts and condominiums) which are not included within the definition of "resident."
- Any person residing within the Village on a temporary or permanent basis, but excluding persons residing in hotels or motels.
- To separate recyclable materials from the MSW stream at the point of waste generation.
- YARD WASTE
- Organic yard and garden waste, leaves, grass clippings and brush.
Source separation shall be required of each and every person or party discarding recyclable material. Private collectors collecting residential MSW generated within the Village shall refuse to collect MSW from any person or party who has clearly failed to source-separate recyclable materials and/or has not properly prepared the recyclable materials to the specifications of the private collector. The private collector shall provide a full explanation to the person or party for the refusal of collection. The private collector shall be responsible for educational literature informing the persons or parties of the limits and requirements of their recycling program. Subsequent to providing the initial containers, collection containers shall be left to the discretion of the private collectors.
The collection of MSW and recyclable materials within the Village of Castleton-on-Hudson shall be handled by private subscription.
Each resident (household) shall place recyclable materials in the recycling containers provided. The initial recycling container or containers shall be furnished to the resident by the private collector at the private collector's expense.
Each private collector must pick up recyclables, keep them separate from MSW and move them into available recycling markets.
Recyclable materials shall be picked up on the same day as the MSW following the guidelines established by the private collector and approved by the Village Engineer.
White goods/bulkies shall be picked up by the private collector on request of the resident.
Yard waste shall be picked up by the private collector. Leaves and grass are to be in containers and brush is to be bundled in lengths no longer than four feet and able to be handled by one person.
The private collector's recycling program is subject to review by the Village of Castleton-on-Hudson. The review is to include but not be limited to physical inspection of collection vehicles and the private collector's recycling facilities. The private collector shall submit to the Village of Castleton-on-Hudson quarterly statements, including but not limited to tonnage of recyclable material collected, tonnage of recyclables marketed, all by types of recyclable material, and markets to which recyclable materials are shipped.
Construction and demolition debris generated by a resident may be disposed of by the resident with his MSW subject to the resident's agreement with the private collector.
All commercial operations, institutions and rental complexes located within the Village of Castleton-on-Hudson that dispose of MSW shall separate recyclable materials from the MSW before collection of the waste by a private collector. All private collectors shall move these recyclable materials to recycling markets and the private collector's recycling program is subject to review by the Village of Castleton-on-Hudson.
Private collectors operating within the Village of Castleton-on-Hudson must comply with the conditions of this article.
It shall be unlawful for any person, other than those persons so authorized, to pick up or collect any recyclable materials which have been placed at the roadside for collection or within a recycling collection area.
No person shall throw or deposit or cause to be thrown or deposited any MSW, rubbish, bulk refuse, yard waste or brush in or upon any traveled portion of a public highway, street or place or on any property not owned or occupied by him within the Village of Castleton-on-Hudson.
It shall be unlawful for any person or persons to dispose of any type of liquid or solid waste within the Village of Castleton-on-Hudson other than in a manner approved by the Village Board and/or the State of New York.
No person shall accumulate or permit the accumulation of MSW on any premises owned or occupied by him within the Village of Castleton-on-Hudson, except for the purpose of collection which shall normally occur at intervals not less frequently than once every seven days, except for vacations, Sundays, holidays or extraordinary weather conditions.
No person shall engage in the business of receiving, collecting or transporting MSW, bulk refuse, recyclable materials, yard waste, brush or other refuse within the Village of Castleton-on-Hudson without first obtaining a license to carry on such business from the Village of Castleton-on-Hudson and paying the fee for such license as herein provided. Nothing herein contained, however, shall be construed to prevent any person from transporting for the purpose of disposal such MSW, bulk refuse, yard waste, brush or other refuse as is normally generated by such person on his own premises or in his own business. A separate license shall be obtained for each truck or vehicle used by the private collector as herein defined.
Applications for licensing shall be upon forms provided by the Village.
A license issued pursuant to this article shall be for a period of one year or less; subject, however, to the revocation thereof as provided herein. An annual fee set by the Village Board shall be charged.
The Village Clerk is hereby authorized to issue temporary permits to any licensed private collector to use such additional trucks as are necessary for a period not to exceed 30 days for a fee as determined by the Village Board.
All collectors to be licensed must have a public liability insurance policy for personal injuries in the amount of $1,000,000 per person and shall file with the Village Clerk a certificate of insurance for that amount prior to the issuance of a license to the collector. Such insurance shall be conditioned that said licensee will comply with the laws, codes, ordinances, rules and regulations of the State of New York, County of Rensselaer and Village of Castleton-on-Hudson and all lawfully issued orders of the Village Board and that the Village of Castleton-on-Hudson will be indemnified and held harmless from any and all claims for damages or liabilities caused by or arising out of any act or omission of the licensee, his agents or employees, or by his failure to comply with applicable laws, codes, ordinances, rules, regulations or orders. Said insurance shall be in such form and contain such sureties as shall be approved by the Village Attorney.
Every license issued by the Village Clerk pursuant to this article shall be subject to the following conditions:
Vehicles used by licensed private collectors in the collection and transportation of MSW in the Village of Castleton-on-Hudson shall be neat and clean and in good repair.
All trucks must have a minimum liability insurance policy for personal injuries in the amount of $100,000 per person and $300,000 per accident and $50,000 coverage for property damage. Insurance certificates are to be supplied to the Village by the private collector.
Contractors' construction and demolition debris and trees cut down by professional tree surgeons shall be removed by such contractors or tree surgeons.
The Village Board may refuse a license to any person who, in its judgment, shall be an undesirable person or incapable of properly conducting the operations of a private collector.
No owner, collector or employee shall be under the influence of alcohol or other drugs or use insolent or improper language during pickup or when receiving complaints over the telephone.
Private collectors are not responsible for MSW, yard waste or bulkies/white goods that originate at any residence or establishment other than that of the resident.
Private collectors that are licensed in the Village of Castleton-on-Hudson to collect MSW shall not begin collection of MSW in the Village of Castleton-on-Hudson prior to the hour of 6:00 a.m. nor allow said collections beyond 8:00 p.m.
Violation of any of the foregoing regulations or any other provision of this article shall be cause for revocation of the license of any private collector holding a license hereunder. The Village Board shall have power to revoke any such license for cause shown after a hearing on 10 days' written notice to the license holder, specifying the nature of the violation, the complaint of said violation being in writing, signed by the complainant.
A violation of this article shall constitute an offense punishable by a fine not exceeding $500. Each separate offense shall constitute a separate additional violation.
A Code Enforcement Officer or a designee of the Village Board may order the owner or occupant of any premises upon which MSW, rubbish or bulk refuse shall have accumulated in violation of this article to remove such MSW, rubbish or bulk refuse from such premises within seven days after receipt of such an order.
The Code Enforcement Officer or designee of the Village Board shall report to the Village Board the failure of the owner of such premises to remove such MSW or bulk refuses as so ordered. The Village Board may thereupon order the Village Attorney to request the owner to appear before the Village Board to show cause why the MSW or bulk refuse has not been removed from his premises or, in the event that the owner does not appear before the Village Board or if the Village Board deems that an appearance before it would be useless, may thereupon refer the matter to the Village Attorney for enforcement and prosecution.
If the owner does not remove the MSW or bulk refuse from his or her premises and does not show good cause to the Village Board for not removing the MSW or bulk refuse, thereby necessitating legal action by the Village Attorney to obtain, in addition to the prosecution for violations of the Village laws or any laws of the County of Rensselaer and State of New York pertaining thereto, an order of the Supreme Court of the State of New York ordering the owner to remove the MSW or bulk refuse within 10 days of the date said order is served on the owner; thereafter, the Village may enter upon the premises of the owner and remove the MSW and/or bulk refuse from the premises, for which the owner shall be obligated to pay any and all costs for the removal plus the costs necessary to obtain the order, including all reasonable and necessary legal fees and expenses. The costs shall be obtainable with the order of removal in the form of a judgment against the owner and recordable in the Rensselaer County Clerk's office.
Disputes between the resident and private collector regarding source separation or the preparation of recyclable materials shall be referred to a Village of Castleton-on-Hudson Code Enforcement Officer.