[HISTORY: Adopted by the Town Board of the Town of Alden
as indicated in article histories. Amendments noted where applicable.]
[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:
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.
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.
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.
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.
Can, bin, box, bag or other unit used for storage of recyclable
materials.
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.
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.)
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.
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.
Any individual, firm, partnership, association, corporation,
institution or other entity.
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.
The collection of MSW and recyclable materials where the
resident contracts directly with the private collector of the subscriber's
choice.
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.
Such materials may include but are not limited to:
ALUMINUMAluminum products and containers fabricated primarily of aluminum and commonly used for soda, beer, beverages or other food or drink.
METAL CANSContainers fabricated primarily of steel or tin or bimetal cans of steel, tin and/or aluminum other than aluminum cans.
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.
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.
NEWSPRINTCommon, inexpensive machine-finished paper made chiefly from wood pulp and used for newspaper.
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.
HIGH-GRADE PAPERWhite and colored office bond, duplicating paper, computer paper and other high-quality paper.
MAGAZINESMagazines, glossy catalogs and other glossy paper.
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.
The above materials will be reviewed quarterly and will be modified
as the need arises by the Town Board or other designated person.
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.
Any person residing within the Town on a temporary or permanent
basis, but excluding persons residing in hotels or motels.
Properties used as dwellings, including multiple dwellings.
The purposeful systematic control of the storage, collection,
transportation, processing and disposal of solid waste.
To separate the recyclable materials from the MSW stream
at the point of waste generation.
Organic yard and garden waste, leaves, grass clippings and
brush.
A.
Duty of owners and occupiers of property regarding solid waste management.
(1)
No person shall permit any municipal solid waste to accumulate for
a period of longer than seven days upon property owned or occupied
by said person in the municipality.
(2)
Owners and occupiers of residential property are hereby required
to make accumulated municipal solid waste available for collection
as scheduled under the terms hereof and on the schedule as promulgated
from time to time by the Town Board.
(3)
All municipal solid waste accumulated on any residential property
in the municipality shall be collected, conveyed and disposed of by
the municipality or by an authorized collector under contract with
the municipality (or by a licensed private collector under private
subscription) and in accordance with the provisions of this article.
(4)
All municipal solid waste accumulated on commercial and institutional
properties shall be collected, conveyed and disposed of by authorized
collectors under contract with or licensed by the Town of Alden. In
such a case where a commercial or institutional establishment contracts
directly with a collector, the fee or payment shall be a matter of
private agreement between the owners or occupiers and the collector.
When approved by the municipality, owners of nonresidential properties
may collect, convey and dispose of privately generated municipal solid
waste by their own containers and/or trucks, provided that they comply
with the provisions of this article applicable thereto and New York
State Department of Environmental Conservation regulations.
(5)
It shall be unlawful for any person to collect and dispose of any
municipal solid waste within the Town of Alden, except as provided
in this article.
B.
Source separation of recyclable materials. Municipal solid waste
generated or originating within the Town of Alden 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:
(1)
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.
(2)
Collectors collecting residential, commercial, and/or institutional
MSW generated within the Town 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.
A.
Collection of recyclable materials placed at curbside.
(1)
Only authorized collectors who are acting under authority of the
Town of Alden shall collect, pick up, remove or cause to be collected,
picked up or removed any solid waste recyclable materials so placed
for collection. Each such unauthorized collection, pickup or removal
shall constitute a separate violation of this article; provided, however,
that where the authorized collector has refused to collect certain
recyclable materials because they have not been separated, placed
or treated in accord with the provisions of this article, the person
responsible for initially placing those materials for collection may
and shall remove those materials from any curb, sidewalk or street
side.
(2)
Nothing herein shall prevent any person from making arrangements
for the private collection, sale or donation of recyclable materials
prior to placement at the curbside.
B.
Collection of recyclable materials at a designated municipal facility
(transfer station).
(1)
At the direction of the Town Board all collectors and/or residents
shall bring all source-separated recyclable materials to the Town
of Alden's designated solid waste management facility. These
recyclable materials shall be prepared to the specifications of the
Town of Alden and will be placed in the designated storage containers.
Once deposited in the designated containers, the recyclable materials
become the property of the Town of Alden.
(2)
Nothing herein shall prevent any person from making arrangements
for the private collection, sale or donation of recyclable materials
prior to deposition at the facility.
A.
To be recognized as an authorized collector, an applicant must obtain
a solid waste collection license from the Town of Alden. A fee for
such license shall be set by the governing body on an annual basis,
and all licenses shall be issued for the calendar year or such portion
thereof. There shall be no reduction in the fee for a license issued
after the beginning of any calendar year.
B.
An authorized collector sticker shall be prominently displayed on
each vehicle operated by or on behalf of the authorized collector.
C.
Authorized collector licenses and renewals thereof may be denied
if the applicant or licensee has been adjudged or administratively
determined to have committed one or more violations of this article
during the preceding calendar year.
D.
All authorized collectors licensed by the Town of Alden shall indemnify
and hold harmless the Town of Alden for any pending, threatened or
actual claims, liability or expenses arising from waste disposal by
the authorized collector in violation of this article.
E.
Authorized collectors shall offer collection services for all recyclable
materials to all residential customers for whom they provide MSW collection
services at the same times and on the same days as services are provided
to their customers for solid waste collection.
F.
Each collector who shall apply for a license under this section shall
state the manner of collection and the place and method of disposal
of the MSW and recyclable materials from its residential, commercial,
industrial and institutional customers. Each collector shall maintain
separate monthly records of solid waste and recyclable materials collected,
transported or disposed of by the authorized collector which include
the following information:
(1)
The municipality or geographical area and number of units in which
the solid waste or recyclable material was generated.
(2)
The quantity, by ton, of solid waste and of each type of recyclable
material collected.
(3)
The quantity, by ton, of recycled material delivered to a recycling
facility(ies) and the location of the recycling facility(ies).
(4)
The quantity, by ton, of solid waste delivered to each facility.
G.
Reports containing the information required as stated above shall
be compiled and delivered to the Town Clerk or other designated individual
for each reporting period as designated by the Town Board, but which
shall be no more frequently than quarterly.
H.
Authorized collectors shall not accept for collection MSW which has
not been source-separated in conformity of this article.
A.
When the designated public official determines that a licensee, collector
or applicant has failed to comply with this article, she/he shall
report this fact to the Town Board in writing. The Town Board, after
a hearing, may impose penalties as provided for herein.
B.
Notice and an opportunity to be heard shall be provided to the party
alleged to be in noncompliance.
(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:
(2)
The notice shall be personally served or sent by registered mail
to the generator's, applicant's or licensee's last
known address, at least 10 days before the hearing date.
C.
Hearings shall be held before the Town Board within a reasonable
period.
D.
The generator, applicant or licensee may be represented by counsel
at the hearing and may offer evidence and cross-examine witnesses.
E.
Within 20 days after the close of the hearing, the Town Board shall:
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 Alden.
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.
A.
During any 12 consecutive months, 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, punishable
by a fine of not less than $200 and not exceeding the sum of $1,000
or by imprisonment for a term not exceeding 15 days, or both. Each
day such violation occurs or continues shall constitute a separate
offense.
B.
Failure of a waste generator to comply with the provisions in this
article designated as violations shall be punishable as follows:
(1)
For the first conviction: a written warning clearly stating the nature
of the violation and a schedule of fines for future convictions.
(2)
For the second conviction within one year: by a fine of not less
than $40 nor more than $75.
(3)
For the third conviction within one year: by a fine of not less than
$75 nor more than $125.
(4)
For a fourth and each subsequent conviction within one year: by a
fine of not less than $125 nor more than $275.
C.
Any penalties or damages recovered or imposed under this section
are in addition to any other remedies available at law or equity.
D.
No penalties, fines, civil sanctions or other enforcement actions
will be commenced prior to January 1, 1993, in order to permit persons
regulated hereunder to comply with this article.
The provisions of this article shall be effective on September
1, 1992.
