[Adopted at the time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
As used in this article, the following terms shall have the
meanings indicated:
GARBAGE
Includes waste food, dead animal matter, vegetable matter
or any other matter which shall be capable of fermentation or decay
or which shall give off a noxious or disagreeable or dangerous odor
or gas. The word "garbage," as defined and applied in this article,
shall not include customary agricultural or gardening waste or matter.
REFUSE
Includes waste metal, metal cans, glass, tires, rubbish,
construction and demolition debris and other discarded substances
of a solid or incombustible nature, other than garbage.
RESIDENT
A person having his domicile within the limits of the Village
of Castleton-on-Hudson, Rensselaer County, New York.
Any violation of any provision of this article shall be deemed
an offense and, upon conviction thereof, shall be punishable by a
fine not exceeding $250 or imprisonment for a term not exceeding 15
days, or both such fine and imprisonment. Each day a violation continues
uncorrected shall be considered a separate offense. In addition to
such fine and/or imprisonment, the violator, upon conviction, may
be required to correct the condition or conditions constituting the
violation, including reimbursement to the Village of Castleton-on-Hudson
for any costs incurred by the Village in the cleanup, pickup or disposal
of such refuse or garbage.
[Adopted at the time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
This article shall be known as the "Mandatory Recycling Ordinance"
of the Village of Castleton-on-Hudson.
The Village Board of the Village of Castleton-on-Hudson finds
that the reduction of the amount of solid waste and the conservation
of recyclable materials are important public concerns and will aid
in protecting the environment. The separation and collection of recyclable
materials and other materials from residential, commercial, institutional
establishments and rental complexes in the Village will reduce the
total amount of solid waste presently generated in the Village, will
reduce the need for landfills and will conserve the capacity of existing
landfills. This article establishes mandatory recycling in the Village
of Castleton-on-Hudson.
As used in this article, the following terms shall have the
meanings indicated:
BULKIES/WHITE GOODS
Large items such as sofas, upholstered chairs, mattresses
and box springs, all major appliances such as refrigerators, stoves,
dishwashers, washers, dryers, etc.
COMMERCIAL OPERATIONS
Includes but are not limited to retail and wholesale establishments,
offices, garages, gas stations, manufacturing, industrial and repair
establishments, banks, motels, restaurants and other similar and related
facilities.
INSTITUTIONS
Include but are not limited to schools, nursing homes and
retirement homes, health facilities, governmental facilities, libraries,
fire halls, etc.
MUNICIPAL SOLID WASTE (MSW)
All putrescible and nonputrescible materials that have been
discarded or rejected, including but not limited to garbage, refuse
and rubbish. Not included are hazardous wastes as defined by the New
York State Department of Environmental Conservation.
OWNER
The titled owner of the real estate in question, whether
the title is in the name of one or more persons, a corporation and/or
a partnership.
PRIVATE COLLECTOR
A person, firm, corporation or legal entity providing for
the collection of MSW and/or recyclable materials. To operate in the
Village of Castleton-on-Hudson, they shall be required to obtain a
license from the Village and shall be subject to the rules and regulations
of the Village.
PRIVATE SUBSCRIPTION
The collection of MSW and recyclable materials where the
resident contracts directly with the private collector of the resident's
choice.
RECYCLABLE MATERIALS
Those clean, noncontaminated materials designated by the
Village Board as requiring source separation. They include but are
not limited to newspapers, corrugated cardboard, clear glass bottles
and jars, metal food and beverage cans and plastic containers designated
"1" and "2" (HDPE and PET). The above materials are to be modified
by the Village Engineer and approved by the Village Board, as the
need arises.
RECYCLING
Any process by which materials which would otherwise become
solid waste are collected, separated and/or processed, treated, reclaimed,
used or reused.
RENTAL COMPLEXES
Includes facilities where persons live within the Village
(i.e., apartments, trailer courts and condominiums) which are not
included within the definition of "resident."
RESIDENT
Any person residing within the Village on a temporary or
permanent basis, but excluding persons residing in hotels or motels.
SOURCE-SEPARATE
To separate recyclable materials from the MSW stream at the
point of waste generation.
YARD WASTE
Organic yard and garden waste, leaves, grass clippings and
brush.
Source separation shall be required of each and every person
or party discarding recyclable material. Private collectors collecting
residential MSW generated within the Village shall refuse to collect
MSW from any person or party who has clearly failed to source-separate
recyclable materials and/or has not properly prepared the recyclable
materials to the specifications of the private collector. The private
collector shall provide a full explanation to the person or party
for the refusal of collection. The private collector shall be responsible
for educational literature informing the persons or parties of the
limits and requirements of their recycling program. Subsequent to
providing the initial containers, collection containers shall be left
to the discretion of the private collectors.
A violation of this article shall constitute an offense punishable
by a fine not exceeding $500. Each separate offense shall constitute
a separate additional violation.