This article shall be known as the "Mandatory Recycling Law
of the Town of North Collins."
The reduction, reuse and recycling of solid waste are important
public concerns and will aid in the protection and preservation of
the environment; and the Solid Waste Management Act of 1988 mandates
passage of a source-separation ordinance or law to be passed by each
local municipality within New York State by September 1, 1992, to
require that solid waste which has been left for collection or which
is delivered by the generator of such waste to a solid waste management
facility shall be separated into recyclable, reusable or other components
for which economic markets for alternate uses exist. Therefore, the
Town of North Collins establishes mandatory recycling within this
municipality, which will be effective on September 1, 1992.
As used in this article, the following terms shall have the
meanings indicated:
AUTHORIZED COLLECTOR
A person, individual, partnership or corporation or employer
or agent thereof authorized by contract or license with the municipality
to collect solid waste from residential, commercial and institutional
properties as herein defined under the terms and conditions of this
article. In the event of municipal collection, this definition shall
include the governing body and employees thereof.
BULKIES
Large items such as sofas, upholstered chairs, mattresses
and box springs but excluding large appliances (white goods) such
as refrigerators, stoves, dishwashers, washers, dryers, etc., which
are considered recyclable.
COLLECTOR
The person, firm, agency or public body or employee or agent
thereof who is engaged in the collection of and/or transportation
of solid waste.
COMMERCIAL OPERATIONS
All properties used for industrial or commercial purposes,
including but not limited to retail and wholesale establishments,
apartments with four or more units, trailer courts, offices, garages,
gas stations, manufacturing and repair establishments, banks, motels,
restaurants and other similar and related facilities.
CONTAINER
A can, bin, box, bag or other unit used for storage of recyclable
materials.
FACILITY
Any solid waste management - resource recovery facility employed
beyond the initial solid waste collection process which is to be used,
occupied or employed for or is incidental to the receiving, transporting,
storage or processing or disposal of solid waste or the recovery by
any means of any material or energy product or resource therefrom,
including recycling centers, transfer stations, processing systems,
resource recovery facilities, sanitary landfills, plants and facilities
for composting or land-spreading of solid wastes, secure land burial
facilities, reprocessing and recycling facilities, surface impoundments
and waste oil storage, incinerators and other solid waste disposal,
reduction or conversion facilities.
HAZARDOUS WASTE
Solid waste that is especially harmful or potentially harmful
to public health. This shall include but not be limited to explosives,
toxic materials and medical waste. For purposes of this article, "hazardous
waste" does not include small quantities of such waste available on
a retail basis to the homeowner (e.g., aerosol cans, pesticides, fertilizers,
etc.)
INSTITUTION
An organization or establishment devoted to the promotion
of a particular object or cause, including schools, nursing homes
and retirement homes, health facilities, governmental facilities,
libraries, fire halls, etc.
MUNICIPAL SOLID WASTE (MSW)
All putrescible and nonputrescible materials including garbage,
refuse and other discarded solid materials, including but not limited
to solid waste materials resulting from industrial, commercial and
agricultural operations and from community activities. Liquids, semisolids
and contained gaseous materials are hereby defined as "solid waste."
It shall not include solids or dissolved material in domestic sewage
or other significant pollutants in water resources, such as silt,
dissolved or suspended solids in industrial wastewater effluents,
dissolved materials in irrigation return flows or other common water
pollutants. In addition, it shall not include hazardous waste.
PERSON
Any individual, firm, partnership, association, corporation,
institution or other entity.
PRIVATE COLLECTOR
A person, firm, corporation or legal entity providing for
the collection of MSW and/or recyclable materials. To operate in the
Town of North Collins, they shall be required to obtain a license
from the Town and be subject to the rules and regulations of the Town.
PRIVATE SUBSCRIPTION
The collection of MSW and recyclable materials where the
resident contracts directly with the private collector of the subscriber's
choice.
RECYCLABLE MATERIALS
Those materials specified by the municipality for separate
collection in accordance with recycling regulations.
A.
Such "materials" may include but are not limited to the following:
(1)
ALUMINUMAluminum products and containers fabricated primarily of aluminum and commonly used for soda, beer, beverages or other food or drink.
(2)
METAL CANSContainers fabricated primarily of steel or tin or bimetal cans of steel, tin and/or aluminum but not including aluminum cans.
(3)
GLASS FOOD AND BEVERAGE CONTAINERSNew and used glass food and beverage containers which have been rinsed and are free of food contamination, including clear (flint), green and brown (amber) colored glass bottles and jars. "Glass" shall not include ceramics, plate glass, auto glass, Pyrex, leaded glass, mirrored glass or flat glass.
(4)
PLASTIC FOOD AND BEVERAGE CONTAINERSIncludes high-density polyethylene (HDPE) and polyethylene terephthalate (PET), designated respectively as No. 2 and No. 1 on the recycling code located on the containers.
(5)
NEWSPRINTCommon, inexpensive machine-finished paper made chiefly from wood pulp and used for newspapers.
(6)
CORRUGATEDWood-pulp-based material which is usually smooth on both sides with a corrugated center and is commonly used for boxes; it excludes material with a wax coating.
(7)
HIGH-GRADE PAPERWhite and colored office bond, duplicating paper, computer paper and other high-quality paper.
(8)
MAGAZINESMagazines, glossy catalogs and other glossy papers.
(9)
LARGE APPLIANCESStoves, refrigerators, dishwashers, dryers, washing machines, water heaters and other large appliances and scrap metal but excluding air conditioners, microwaves and televisions.
B.
The above "materials" will be reviewed quarterly and will be
modified as the need arises by the Town Engineer or other designated
person.
RECYCLING
The separation, collection, processing, recovery and sale
or reuse of metals, glass, paper, plastics and other materials which
would otherwise be disposed of as solid waste.
RESIDENT
Any person residing within the Town on a temporary or permanent
basis but excluding persons residing in hotels or motels.
RESIDENTIAL PROPERTY
Properties used as dwellings, including buildings having
up to four dwelling units in one building. Multiple-dwelling residential
buildings containing more than four dwelling units, for purposes of
this article, shall be treated as commercial properties.
SOLID WASTE MANAGEMENT
The purposeful, systematic control of the storage, collection,
transportation, processing and disposal of solid waste.
SOURCE-SEPARATE
To separate the recyclable materials from the MSW stream
at the point of waste generation.
YARD WASTE
Organic yard and garden waste, leaves, grass clippings and
brush.
Municipal solid waste generated or originated within the Town
of North Collins which has been left for collection or which is delivered
by the generator of such waste to a facility 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 materials 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 of North Collins 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 be 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 and issue an order carrying out
this decision.
C. Determinations, 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.
The provisions of this article shall be effective on September
1, 1992.