Municipal solid waste generated or originated within the Town
Special Refuse District which has been left for collection or which
is delivered by the generator of such waste to the Town transfer station
shall be handled in the following manner:
A. Prior to initial collection or transport, source separation shall
be required of each and every person or party discarding municipal
solid waste and/or recyclable materials. Recyclable material shall
not be commingled with other solid waste during collection, transportation
or storage following collection.
B. Collectors collecting residential, commercial, and/or institutional
MSW generated within the Town Special Refuse District shall refuse
to collect MSW from any person or party who has clearly failed to
source separate the recyclable materials and/or who has not properly
prepared the recyclable materials to the specifications of the collector.
A written explanation shall be provided to the person or party for
the reason of the refusal for collection of the materials by the collector.
When the designated public official determines that a failure
to comply with this article may have occurred, she/he shall recommend
to the municipality that the authorized collector application or the
license be denied, suspended or revoked or its holder subjected to
a reprimand or fine or that the generator or originator of the solid
waste or recyclable materials be subject to sanctions, fines or penalties
as described herein. Notice and an opportunity to be heard shall be
provided prior to the denial, suspension or revocation of a solid
waste license or authorized collector permit or the issuance of a
sanction, fine or penalty.
A. Notice.
(1) The designated public official shall notify the affected generator,
applicant or licensee of the alleged failure in writing. The notice
shall include the following:
(a)
A statement of the condition allegedly violated, referring to
the pertinent ordinance, law, rule or regulation.
(b)
A short and plain statement of the alleged misconduct.
(c)
A statement of the time, place and nature of the hearing.
(2) The notice shall be personally served or sent by registered mail
to the generator, applicant or licensee's last known address,
at least 10 days before the hearing date, with a copy to the administrator.
B. Hearing.
(1) Hearings shall be held before the Town Justice within a reasonable
period, which shall be at least 10 days after service of notice.
(2) The generator, applicant, or licensee may be represented by counsel
at the hearing and may offer evidence and cross-examine witnesses.
(3) Within 20 days after the close of the hearing, the Town Justice shall:
(a)
Determine whether the alleged failure to comply with this article
has occurred; and
(b)
If the Town Justice determines that such a failure has occurred,
decide whether the generator or applicant shall be subject to fine
or penalty, the application shall be denied or an existing solid waste
license or authorized collector status be suspended or revoked or
its holder subjected to a reprimand, then issue a order carrying out
this decision.
C. Determination, decisions, and orders.
(1) Disposition may be made by stipulation, agreed settlements, consent
order, default or other informal method.
(2) The Town Justice shall promptly notify the applicant or licensee,
in writing, of the final determination, decision or order.
D. Enforcement.
(1) Inspections and appearance tickets.
(a)
All portions of vehicles and containers used to haul, transport,
or dispose of recyclable materials, including such containers placed
outside residences, shall be subject to inspection to ascertain compliance
with this article by any police officer, peace officer, code officer
and any other public official designated by the Town of Collins.
(b)
Police officers, peace officers, code officers, and the specified
public servants are hereby authorized and directed to issue appearance
tickets for violations of this article.
E. Penalties.
(1) The failure of any person engaged in the business of collecting MSW and/or recyclable materials or rendering solid waste and/or recycling services who is not authorized by the Town or who collects, picks up, removes or causes to be collected, picked up or removed MSW or recyclable materials in a manner not in compliance with this article shall be guilty of a violation and subject to the penalties set forth in Chapter
1, General Provisions, §
1-3, of the Code of the Town of Collins. Each days such violation occurs or continues shall constitute a separate offence.
(2) Failure of a waste generator to comply with the provisions in this
article, designated as violations, shall be punishable as follows:
(a)
For the first conviction: a written warning clearly stating
the nature of the violation and a schedule of fines for future convictions.
(b)
For the second conviction within one year: by a fine not less
than $40 nor more than $75.
(c)
For the third conviction within one year: by a fine not less
than $75 nor more than $125.
(d)
For a fourth and each subsequent conviction within one year:
by a fine of not less than $125 nor more than $275.
(3) Any penalties or damages recovered or imposed under this article
are in addition to any other remedies available at law or equity.