This chapter shall be known as the "Solid Waste and Recycling
Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
BULK CONTAINER
A receptacle commonly used for storage of bulk and/or construction
and demolition waste, as defined herein, and otherwise referred to
as "dumpster."
BULK WASTE
Household solid waste that exceeds the capacity of thirty-two-gallon
containers.
CARDBOARD/PAPER RECYCLABLES
Newspapers, magazines, phone books, catalogs, ledger/office
paper, writing paper, junk mail, cardboard, food boxes, gift and shoe
boxes, unsoiled pizza and bakery boxes, all of which must be clean,
dry and free of any liquid or other contamination, and deemed to have
recycling value.
CONSTRUCTION AND DEMOLITION WASTES
Lumber, concrete, pipe, brick, masonry, fencing, windows,
stone and other waste materials generated during construction, remodeling,
renovation or demolition projects.
HAULER
A person, partnership, company or corporation licensed by
Westchester County to provide either residential and/or commercial
solid waste and recyclables collection services, including the collecting,
storing, transporting and disposal of solid waste and recyclables.
The terms "collector" or "carter" shall be interchangeable with "hauler."
HAZARDOUS WASTE
Waste meeting the New York State definition of household
hazardous wastes (HHW): pesticides, corrosives, pool chemicals, driveway
sealers, hazardous paints and stains, compact fluorescent lamps (CFLs)
and ballasts, photography chemicals, nonrechargeable hazardous batteries
(both household and automotive), products containing mercury, and
propane gas cylinders (that still contain propane).
NON-YARD ORGANIC WASTES
Food waste organics, soiled or food-contaminated paper materials
and compostable paper products. These materials are considered to
be solid waste until such time as outlets for composting or otherwise
processing or recycling them become available.
PERSON
Any resident, property owner, tenant or occupant, commercial
business owner, operator, employee or agent acting on its behalf,
or any hauler.
RECYCLABLES/MIXED RECYCLABLES
A.
The following materials may be mixed together in one container
for pickup:
(1)
Glass bottles and jars, clean and free of food particles and
other residues, uncontaminated and deemed to have recycling value.
This shall include but not be limited to: glass food bottles and jars,
juice bottles, liquor bottles, baby food jars, soda bottles and wine
bottles, but shall not include ceramics, crystal, glass doors, light
bulbs, mirrors, Pyrex, window panes or windshields.
(2)
Metal cans and foil, free of food particles and other residue,
uncontaminated and deemed to have recycling value. This shall include
but not be limited to: metal food cans, soda cans, pet food cans,
metal juice containers, aluminum foil and trays, aluminum cans and
empty aerosol cans, but shall not include batteries, oil, paint cans
or hazardous chemical containers.
(3)
Plastic containers, numbers 1 through 7, clean and free of any
food particles or residue, uncontaminated and deemed to have recycling
value. This shall include but not be limited to: plastic soda bottles,
liquor bottles, juice bottles, detergent bottles, wax-coated containers
used for milk, juice, ice cream, frozen foods and butter, aseptic
box containers used for juice, soup and broth, all plastic bags numbered
1 through 7, but shall not include Styrofoam or packing peanuts.
B.
For purposes of residential pickup only, all recyclable materials identified in Subsection
A(1) to
(3) of this definition and all paper recyclables, as defined below, may be placed in the same container or receptacle for pickup. Nothing in this section shall preclude the Town of North Castle from requiring residents to resume dual-stream recycling.
SOLID WASTE
Includes all manner of useless or unwanted or discarded solid
or semisolid nontoxic, domestic, commercial, industrial, institutional,
construction and demolition waste materials commonly referred to as
garbage or trash, but does not include: recyclables, yard waste, hazardous,
toxic, chemical, explosives, ammunition, asbestos, bulk metal, construction
and demolition waste, electronic waste, empty propane tanks, household
medical waste, radioactive material, tires, used oil, white goods,
human or rendering wastes.
SOLID WASTE FACILITY
Includes any fixed facility that is established, maintained
and operated, either as its primary function or in support of some
other facility or operation, for the transfer, treatment, disposal
or salvage of solid waste. It includes, but is not limited to, any
facility that is established for the purpose of transferring, bailing,
composting, incinerating, recycling, separating, salvaging, shredding
or landfilling any solid waste or any combination of functions thereof,
including stationary compactors located at points of collection.
YARD WASTE
Brush, leaves, grass trimmings and tree trimmings.
Nothing in this chapter shall be construed as preventing any
person from utilizing vegetative yard waste for compost, mulch or
other agricultural, horticultural, silvicultural, gardening or landscaping
purposes.
The Code Enforcement Officer is authorized to enforce the provisions
of this chapter and to administer the recycling programs established
herein.
The hauler, or any licensed entity collecting solid waste and
recyclables within the Town, may refuse to collect solid waste from
any person who has failed to source-separate recyclables from solid
waste designated under an applicable section of this chapter.
[Amended 4-29-2020 by L.L. No. 3-2020]
Any person who violates this chapter, upon conviction thereof,
shall be punishable by a fine of up to $1,000 per day per violation
or by imprisonment for a term not to exceed 15 days. Each day's continued
violation shall constitute a separate additional violation.
The terms and provisions of this chapter are to be liberally
construed so as best to achieve and effectuate the goals and purposes
hereof.
The Town Board shall have the power to hear and decide appeals
and requests for variances from the requirements of this chapter upon
its determination in its absolute legislative discretion where such
variance or modification is appropriate so as not to cause undue hardship.
The Town Board, upon receiving any application for such variance or
modification, shall place the application on the next agenda of the
Town Board for a determination.
A. Residential collection practice by hauler.
(1) Collection of solid waste and recyclables from private residences
shall be made not less than once per week in accordance with the hauler's
published schedule. Construction and demolition wastes shall be collected
and billed separately by private arrangement between resident and
hauler.
(2) The hauler shall publish, post and distribute annually, and in advance,
a schedule of days for the collection of solid waste and recyclables.
The schedule shall specifically state any exceptions to the regular
schedule.
B. Commercial collection practice by the hauler.
(1) Collection of solid waste and recyclables from commercial service
stops shall be made not less than once per week.
(2) The hauler shall furnish a single two-cubic-yard metal container
at each commercial service stop. Any solid waste and recycling in
addition to the two-cubic-yard container per commercial customer shall
be collected by separate agreement between the hauler and the commercial
customer or, at the discretion of the customer, by another hauler.
(3) Collections of solid waste and recyclables from commercial establishments
shall be made on any weekday, and the frequency thereof, as required,
shall be agreed upon between the hauler and the customer. No hauler
shall commence work before 7:00 a.m. nor continue after 7:00 p.m.
No collections may be made on Sundays.
C. Condition of vehicles. All vehicles used in the transportation of
solid waste and recyclables and other material within the Town of
North Castle shall be kept in a sanitary condition and shall be so
constructed as to prevent leakage in transit. Vehicles shall be maintained
in such condition so as to prevent mechanical breakdown and disruption
of service. The body of the truck shall be wholly enclosed or shall
at all times be kept covered with an adequate cover, or a canvas cover,
provided with eyelets and rope for tying it down. Loading of vehicles
shall be done in such a manner as to prevent spilling or loss of contents.
D. Hours of operation for residential collection. No hauler shall commence
work before 7:00 a.m. nor continue after 7:00 p.m. No collections
may be made on Sunday.
E. Transfers. Transfers of any and all material between trucks shall
only be done at locations as may be specified by the Town Board.
F. Disposal. All solid waste and recyclables collected hereunder shall
be hauled to a designated disposal facility approved by Westchester
County. The schedule of operation and all matters pertaining to the
control and operation of the disposal facility shall be under the
supervision of the custodian of the facility.
G. Availability of service. No licensed hauler shall unreasonably refuse
service to any resident requesting collection service within the area
as set forth in the application of the collector for a license under
this chapter.
H. In the event that a commercial garbage collection vehicle breaks
down or otherwise becomes inoperable while in service, such vehicle
shall either be repaired or towed away within four hours of the breakdown,
and failure to so remove said vehicle shall constitute a violation
of this chapter.
Unless otherwise provided in this chapter, any hauler violating
this chapter shall, upon conviction, be guilty of an offense and shall
be subject to a fine of not less than $100 for each offense and a
mandatory fine of $250 for each subsequent offense and, if a licensed
hauler, may be subject to revocation of its license granted hereunder,
as determined by the Town Board after a public hearing held on notice
to the hauler.