[HISTORY: Adopted by the Town Board of the Town of Royalton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-10-2012 by L.L. No. 2-2012]
The Town Board of the Town of Royalton finds that the reduction
of the amount of solid waste and the conservation of recyclable materials
are important public concerns. The separation and collection of newspaper,
paper, cardboard, glass, cans, plastic containers and other materials
for recycling from the residential, commercial, industrial and institutional
establishments in the Town will protect and enhance the Town's physical
and visual environment, as well as promote the health, safety and
well-being of persons and property within the Town by minimizing the
potential adverse effects of landfilling, facilitating the implementation
and operation of other forms of solid waste management, conserving
natural resources and assisting the Town in complying with the mandates
of the New York State Solid Waste Management Act of 1988. The promotion
and use of recyclable materials, goods produced from recyclable materials
and goods which facilitate recycling will further serve the same purposes
by encouraging and facilitating recycling.
For the purposes of this article, the following terms, phrases,
words and derivatives shall have the following meanings:
The person or persons designated by resolution of the Town
Board to monitor and enforce this article.
Includes but is not limited to the following products and
their empty containers: insecticides, herbicides, petroleum products,
caustic chemicals, paint and batteries. "Hazardous wastes" generally
display one or more of the qualities of ignitability, corrosivity,
reactivity or toxicity.
That portion of the waste stream not included under recyclables
and not treated separately as hazardous waste under § 27-0903
of the New York 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 New York Environmental Conservation Law. "Nonrecyclables" include
but are not limited to the following:
GARBAGEPutrescible solid waste, including animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking or serving of foods. "Garbage" originates primarily in home kitchens, storage areas, markets, restaurants and other places where food is stored, prepared or served.
RUBBISHRags, sweepings, rubber, leather, excelsior, crockery, shells, clothing, straw, dirt, filth, ashes, wastepaper and similar waste material.
LARGE HOUSEHOLD FURNISHINGSLarge and/or bulky articles actually used in the home and which equip it for living (as chairs, sofas, tables, beds, carpets, etc.).
CONSTRUCTION AND DEMOLITION DEBRISWaste resulting from construction, remodeling, repair and demolition of structures, road building and land clearing. Such wastes include but are not limited to bricks, concrete and other masonry materials, soil, rock, lumber, road spoils, paving material and tree or brush stumps.
Any individual, firm, partnership, company, corporation,
association, joint venture, cooperative enterprise, trust, municipality,
other governmental agency or any other entity or any group of such
persons which is recognized by law as the subject of rights and duties.
In any provisions of this article prescribing a fine, penalty or imprisonment,
the term "person" shall include the officers, directors, partners,
managers or persons in charge of a company, corporation or other legal
entity having officers, directors, partners, managers or other persons
in charge.
Any materials which can be collected, separated and/or processed,
treated, reclaimed, used or reused to produce a raw material or product,
which materials include but are not limited to the following:
Paper, clean and unsoiled, including newsprint, newspapers,
news advertisements, supplements, comics and enclosures, corrugated
boxes, cardboard, cardboard cartons and similar corrugated materials.
Unbroken glass, glass bottles or jars which are transparent
or translucent and which are green, amber (brown) or clear (flint)
in color.
Bimetal cans, including containers fabricated primarily of metal
or tin, tin-plated steel cans, aluminum cans and containers made primarily
of aluminum and household and other items made solely from aluminum.
Plastic containers normally found in the household, including
containers used primarily for laundry products, dish-washing detergents,
milk, water and similar items, including PET (polyethylene terephthalate)
and HDPE (high-density polyethylene) and other common plastic resin
types.
Such other items and materials, including garden and yard waste
as may later be included pursuant to agreement between the Town and
its refuse collection contractor; provided, however, that nothing
in this article shall be construed as preventing any person from utilizing
vegetative yard waste for compost, mulch or other agricultural, horticultural,
gardening or landscaping purposes.
All recyclables and nonrecyclables which make up the waste
stream eligible for curbside pickup under this article. "Waste material"
does not include dead animals, fecal matter or material treated separately
as hazardous waste under § 27-0903 of the New York 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 New York
Environmental Conservation Law.
A.
Upon the effective date of this article, there is hereby established
a program for the separation, preparation for collection and collection
of waste materials. The program shall be under the supervision of
the Town of Royalton, its administrator and its collection agent or
contractor.
B.
The Royalton Town Board and its administrator will determine recyclables
and notify Town residents by publishing said information in the official
Town newspaper or newspapers at least 30 days before said declaration
will be incorporated into the Town program. The Town Board may change
the classification of "nonrecyclables" to "recyclables" as defined
herein in the event that it determines that reclassification is cost
effective or that economic markets exist for that product. The Town
Board shall notify all generators of the change in classification.
C.
All waste material shall be separated, prepared for collection and
collected as set forth below.
D.
The Town, its administrator, and its collection agent or contractor
shall have no obligation to pick up and remove any waste material
not prepared for collection in accordance with this article.
E.
The Town, its administrator, and its collection agent or contractor
shall have no obligation to pick up and remove any waste material
which was not used in the residence or business or other establishment
placing such waste material at the curbside for pickup.
F.
The Town, its administrator, and its collection agent or contractor
shall have no obligation to pick up or remove any waste material which
is not provided for pursuant to the Town's contract for waste removal
with a contractor or otherwise provided for by a Town-administered
pickup and removal program. Certain businesses, industries and residences
may not be provided for in Town of Royalton pickup and removal programs.
No person shall dispose of waste material except as follows:
A.
Waste material shall be prepared for collection in accordance with Subsection A(1) through (4) of this section:
(1)
Each person shall provide separate, sealable galvanized iron cans
or other suitable sanitary sealable containers or heavy duty plastic
bags for nonrecyclables unless stipulated otherwise in this article.
Such cans or containers shall not exceed 30 gallons' capacity and
when filled shall not exceed 60 pounds in weight. All cans or containers
shall be placed at the curb or roadside for collection.
(2)
Recyclable aluminum cans and items, glass bottles and plastic items
shall be separated from nonrecyclables and placed in the recyclable
collection container.
(3)
Recyclable metal cans, aluminum cans, glass and plastic containers
and other items so separated shall be rinsed of contents and placed
in the recyclable collection container.
(4)
Other items to be included for recycling are to be prepared as set
forth from time to time by resolution of the Town Board according
to such expansions of the curbside collection program as may be established
by the Town from time to time.
B.
Recyclable
containers shall be provided by each person and shall conform in color,
logo, shape and material and other specifications to the material
established from time to time by the Town Board.
A.
Waste materials shall be collected in a manner consistent with the
terms of the Town's collection contract.
B.
Commercial, industrial and institutional waste generators. The provisions
of this section apply to commercial, industrial and institutional
waste generators. In the event that they do not have materials collected
pursuant to law or contract, they shall be responsible for components
prior to being disposed of in any manner or solid waste left for collection
or delivered by the generator at a solid waste management facility.
This material must be source-separated.
A.
When any person properly places any recyclable materials in a recyclable
container at or near any curb, sidewalk, street or road for the purposes
of collection by the Town or its contractor, those recyclable materials
shall thereupon immediately become the property of the Town or its
authorized agent. No person not acting under authority of the Town
or its authorized agent shall collect, pick up, remove or cause to
be collected, picked up or removed any recyclable materials so placed
for collection; each such unauthorized collection, pick up or removal
shall constitute a separate violation of this article.
B.
Notwithstanding the provisions above, where the Town or its agent
or contractor has refused to collect certain recyclables because they
have not been placed or treated in accord with the provisions of this
article, the person responsible for initially placing those materials
for collection may and shall promptly remove those materials from
any curb, sidewalk, streetside or roadside and assume possession,
control and responsibility for the proper disposal thereof.
C.
Nothing herein contained shall prevent any person from making arrangements
for the private collection of recyclables, provided that recyclables
to be privately collected shall not be placed curbside on or immediately
preceding the day for municipal collection of such recyclables.
D.
The Town, its administrator, and its authorized agent, shall not
be required to collect any waste material which has not been separated
and secured pursuant to the provisions of this article or the applicable
regulations of the Town of Royalton.
A.
No person shall cause to be imported into the Town waste material
for curbside collection.
[Amended 10-20-2014 by L.L. No. 3-2014]
B.
No person shall place for curbside collection any waste material
not generated on the premises fronting on the street upon which it
is placed.
C.
Residents and/or property owners who leave more waste than is allowed
by law and regulations to be collected shall be liable to the Town
for the collection and disposal of said waste. The Town shall notify
the resident and property owner of the situation. Seven days after
the notice is mailed, the Town shall have the right to collect and
dispose of the waste and charge the property owner the sum of $250.
Failure to pay said sum within 30 day shall result in the sum being
added to the Town's real property charges against the property and
levied against the tax bill for the property.
[Added 11-14-2018 by L.L.
No. 2-2018]
A violation of this article shall constitute a violation punishable,
upon conviction thereof, by a fine not exceeding $1,000, or 15 days
in jail, or both.
