[Adopted 8-17-1992 by L.L. No. 3-1992 (Ch. 17A, Art. I, of the 1981 Code)]
This article shall be known as the "Mandatory Recycling Law
of the Town of Alden."
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 or law to be
adopted 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;
now, therefore, be it resolved that the Town of Alden establishes
a mandatory recycling program within this municipality which shall
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
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 landspreading 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 collections of MSW and/or recyclable materials. To operate in
the Town of Alden, 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 from time to
time at the discretion of the Town Board for separate collection in
accordance with recycling regulations.
A.
Such materials may include but are not limited to:
(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 other than 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 float glass.
(4)
PLASTIC FOOD AND BEVERAGE CONTAINERSIncludes high-density polyethylene (HDPE) and polyethylene terephthalate (PET) designated respectively as Nos. 2 and 1 on the recycling code located on the containers.
(5)
NEWSPRINTCommon, inexpensive machine-finished paper made chiefly from wood pulp and used for newspaper.
(6)
CORRUGATEDWood-pulp-based material which is usually smooth on both sides with a corrugated center, commonly used for boxes, and excluding 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 paper.
(9)
LARGE APPLIANCESStoves, refrigerators bearing the appropriate seal that the coolant has been removed, 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 Board 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.
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.
The provisions of this article shall be effective on September
1, 1992.