[Adopted 11-20-1991 by L.L. No. 2-1991]
Whereas the reduction, reuse and recycling of solid waste are
important public concerns and will aid in the protection and preservation
of the environment; and whereas the Solid Waste Management Act of
1988 mandates passage of a source-separation ordinance to be
passed by each local municipality within New York State by September
1, 1992, to require that solid waste shall be separated into recyclable,
reusable or other components for which economic markets for alternate
uses exist; now, therefore, be it resolved that the Town of Elma establishes
mandatory recycling within this municipality.
Unless otherwise stated expressly, the following words and expressions,
where used in this article, shall have the meanings described to them
by this section:
AUTHORIZED COLLECTOR
A person, employee or employer or agent thereof authorized
by contract or license with the Town of Elma to collect solid waste
from residential, commercial and institutional properties as herein
defined under the terms and conditions of this article.
BATTERY
Lead-acid batteries, each with a capacity of six or more
volts which contain lead and sulfuric acid and which are used as a
power source in a motor vehicle. "Batteries" are hazardous waste.
BULKIES
Large items such as sofas, upholstered chairs, mattresses
and box springs, but excluding white goods.
CAN
Metal cans made of tin, aluminum or other ferrous or nonferrous
or composite cans and containers used for food or beverages. All metal
"cans" shall be rinsed of contaminants but labels need not be removed.
CARDBOARD
Wood-pulp-based material which is usually smooth on both
sides with a corrugated center. It shall also mean box, board or paperboard
having the same material and characteristics as cardboard, but without
a corrugated center. It shall not mean wax-coated or glossy or soiled
cardboard.
COLLECTOR
Any person who picks up solid waste and transports that solid
waste for hire to a solid waste disposal facility, recycling center
or transfer station for recycling or disposal.
COMMERCIAL PROPERTY
Any residence which is not covered in "residential property" or which is defined in the Elma ordinances, § 144-72A(2) through (17) and §
144-72B.
COMMERCIAL WASTE
Solid waste generated by stores, offices, institutions, restaurants,
warehouses and nonmanufacturing activities at industrial facilities.
CONSTRUCTION AND DEMOLITION DEBRIS
Waste resulting from construction, remodeling, repair and
demolition of structures, road building and land clearing. Such wastes
include but are not limited to roofing materials, bricks, concrete
and other masonry materials, soil, rock, lumber, road spoils, paving
material and tree or brush stumps.
DIRECTOR OF SANITATION
Shall be appointed by the Town Board to effect the provisions
of this article and shall be fully responsible for effecting measures
to carry out the intent of the law.
GLASS
All clear (flint), green and brown (amber) colored glass
containers. It shall not mean mirrors, auto glass, milk-white glass,
window glass, light bulbs, cookware, pyrex, crystal or ceramics.
HAZARDOUS WASTE
Waste as defined in § 27-0903 of the Environmental
Conservation Law; source, special nuclear or by-product material as
defined in the United States Atomic Energy Act of 1954; and low-level
radioactive waste as defined in § 29-0101 of the Environmental
Conservation Law.
HOUSEHOLD WASTE
Solid waste discarded from single or multiple dwellings,
hotels, motels, campsites, public and private recreation areas and
other residential sources.
INDUSTRIAL PROPERTY
Property which is used for those uses permitted in the Elma
Town ordinances, § 144-88B.
INDUSTRIAL WASTE
Industrial/commercial waste pursuant to Environmental Conservation
Law § 27-0303 and such rules and regulations as may be promulgated
by the Department of Environmental Conservation (DEC) consistent therewith.
MOTOR VEHICLE
Any and all vehicles propelled or drawn by power, other than
muscular power, intended for use on public highways; any unregistered,
old or secondhand motor vehicle or trailer; any motor vehicle in such
condition or state of repair that it cannot be licensed immediately
without extensive repair; and any abandoned, junked, discarded, wholly
or partially dismantled motor vehicle no longer intended or in condition
for legal use on the public highways.
PAPER
All high-grade office paper, fine paper, bond paper, office
paper, xerographic paper, mimeo paper, duplication paper, magazines,
paperback books, school paper, catalogs, junk mail, computer paper,
telephone books and similar cellulose materials and newspaper, but
shall not mean wax paper, plastic or foil-coated paper, Styrofoam,
wax-coated food and beverage containers, carbon paper, blueprint paper,
food-contaminated paper, soiled paper and cardboard.
PERSON
One or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, societies, clubs,
fraternal orders and all other entities of any kind capable of being
sued.
PLASTIC
All high-density polyethylene (HDPE) and polyethylene terephthalate
(PET) plastic clean of contaminants, with tops removed. If crushed,
these containers do not break. The following "plastic containers"
are acceptable: detergent bottles, plastic liquor bottles, peanut
butter jars, soda bottles, milk and juice containers, shampoo containers
and similar items. This term excludes all film, vinyl, foam plastic
containers, yogurt, cottage cheese and pudding-type containers, pens,
tops, bags and hard plastic containers or items.
RECYCLABLE PLASTIC
Plastic soda, juice and liquor bottles; plastic milk, water
and cider jugs; plastic laundry and dish detergent bottles; plastic
bleach bottles; and containers with the triangular arrow sign on the
bottom.
RECYCLABLE WASTE
Those materials specified by the Town to be recycled. The
list of materials is specified in any recycling regulations generated
by resolution of the Town Board and may be reviewed as deemed necessary
by the Town Board, and generally consists of any material designated
from time to time by resolution of the Town Board which is separated
from the waste stream and held for its material recycling and reuse
value.
RECYCLING FACILITY
A facility designated by the Town for receiving and processing
one or more types of recyclable materials.
RESIDENCE
Any structure which is used primarily for dwelling and which
is in the geographic limits of the Town of Elma, when such structure
is used primarily for residence by the owners thereof and is not used
primarily to generate income. Should it be used to primarily generate
income, then it will be designated as commercial property.
SOLID WASTE MATERIAL
All recyclables and nonrecyclables which make up the waste
stream. "Solid waste material" does not include material treated separately
as hazardous waste under § 27-0903 of the Environmental
Conservation Law; source, special nuclear or by-product material as
defined in the United States Atomic Energy Act of 1954; or low-level
radioactive waste as defined in § 29-0101 of the Environmental
Conservation Law.
SOURCE SEPARATION
The segregation of recyclable materials from the solid waste
stream at the point of generation for separate collection, sale or
other disposition.
TIRES
Tires from cars, trucks and other motor vehicles.
TOWN
The Town of Elma, Erie County, New York.
TOWN BOARD
The duly elected and constituted legislative body of the
Town of Elma, New York.
TRANSFER STATION
That facility where persons and collectors, as defined herein,
transfer possession of solid waste to the Town for disposal or recycling.
TREE AND BRUSH PARTS
Whether coniferous or deciduous, are disposable and recyclable
except for stumps of trees or brush which shall be disposed of as
"construction debris."
WHITE GOODS
Major appliances such as refrigerators, freezers, water heaters,
stoves, washing machines, dryers and dishwashers. It shall also mean
metal heating or cooling systems and the components thereof.
YARD WASTE
Solid waste consisting of plant matter resulting from landscaping
activities, including but not limited to such items as lawn clippings,
tree trimmings, fallen leaves and weeds, but excluding tree and brush
parts.
All solid waste accumulated on any residential, commercial and
institutional property in the municipality must be collected, conveyed
and disposed of in accordance with the provisions of this article.
It shall be unlawful for any person to collect and/or dispose of any
solid waste within the Town of Elma except as provided in this article.
Solid waste generated or originated in the Town of Elma which
has been left for private collection shall be source-separated in
accordance with the regulations of the Town of Elma and shall be the
responsibility of the generator and the private collector of such
solid waste. Such private collectors shall provide the Town with a
copy of their plan to implement said source separation and recycling
not later than September 1, 1992, so that said plans may be reviewed
and thereafter incorporated in the Town regulations on recycling.
The Town of Elma will not accept at its transfer station any
hazardous waste.
It shall be a violation of this article for any person to place
in any container at the transfer station maintained by the Town of
Elma materials other than those which are nonhazardous, nonrecyclable
waste or recyclable waste. The following items will be placed in separate
bins provided by the Director of Sanitation at the transfer station
located in the Town of Elma:
B. Recyclable glass which must be rinsed.
C. Recyclable cans which must be rinsed but need not have the labels
removed.
Tires shall be disposed of only at the Town transfer station
upon payment of a fee as may be determined from time to time by resolution
of the Town Board.
No person shall cart to, dump or deposit any solid waste upon
any property in the Town except under the authorization, supervision
and direction of the Director of Sanitation. The Director of Sanitation,
a police officer or such other person as may be designated by the
Town Board is authorized and directed to enforce this section and
to cause collections to be made accordingly.