[HISTORY: Adopted by the Town Board of the Town of Sardinia 8-12-1992 by L.L. No. 2-1992. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Recycling Law of the Town of Sardinia."
This chapter is enacted pursuant to the authority granted under New York State Town Law, New York State General Municipal Law, New York State Municipal Rome Rule Law and New York State Environmental Conservation Law regarding solid waste management.
It shall be the purpose of the Recycling Law of the Town of Sardinia to encourage and facilitate the maximum recycling practicable on the part of each and every person, household, business and institution within the Town. It shall further be the purpose of the Recycling Law of the Town of Sardinia to establish, implement and enforce minimum recycling-related practices and procedures to be applicable to all waste generators and authorized collectors within the Town.
The following terms shall have the meanings as set forth in this chapter:
- AUTHORIZED COLLECTOR
- Any person or other legal entity which is licensed by the Town for the purpose of:
- Those materials which include paper, glass, metals, plastics, garden and yard waste, and may include other elements of solid waste.
- CURBSIDE COLLECTION
- The collection by the Town, its authorized agent(s) or an authorized collector of recyclables and/or solid waste placed at the curbside or other designated locations.
- DROPOFF CENTER
- A private or publicly operated facility to which a person can deliver recyclables for further processing and marketing.
- ECONOMIC MARKETS
- Those instances in which the full avoided costs of proper collection, transportation and disposal of source-separated materials are equal to or greater than the cost of collection, transportation and sale of said materials, less the amount received from the sale of said materials.
- Magazines, glossy catalogs and other matter printed on glossy or slick paper.
- MATERIALS RECOVERY FACILITY
- A private or public facility for receiving and processing recyclables into marketable commodities.
- Common, machine-finished paper made chiefly from wood pulp and commonly referred to as "newsprint." Expressly excluded, however, are newspapers which have been soiled or wet. Glossy-finished papers used for newspaper inserts may also be excluded.
- OFFICE PAPER
- All bond, computer, printout, duplicating, stationery and other high quality paper. Expressly excluded are papers with self carbons, chemical transfer paper, carbon paper, windowed envelopes and glossy paper.
- Any individual, firm, partnership, company, corporation, association, joint venture, cooperative enterprise, trust, municipality, other governmental agency or any other entity or any group of such persons which is recognized by law as the subject of rights and duties. In any provisions of this chapter prescribing a fine or penalty, the term "person" shall include the officers, directors, partners, managers or persons in charge of a company, corporation or other legal entity having officers, directors, partners, managers or other persons in charge.
- PLASTIC CONTAINERS
- Containers composed of high-density polyethylenes (HDPE), polyethylene terephthalate (PET) or other specific plastics as the Town Board may designate.
- Those materials, as the Town Board shall designate, able to be practically separated from nonrecycled waste. Such materials may include, but are not limited to:
- SOLID WASTE
- All putrescible and nonputrescible materials or substances discarded or rejected as having served their original intended use or as being spent, useless, worthless or in excess to the owner at the time of such discard or rejection, including garbage, refuse, litter, rubbish, industrial waste, commercial waste, sludges, ashes, contained gaseous material, incinerator residue, construction and demolition debris, discarded automobiles and offal, but not including designated recyclables, solid or dissolved matter in domestic sewage or substances, materials in noncontainerized gaseous form or hazardous or toxic materials or waste as defined by the Department of Environmental Conservation.
- SOURCE SEPARATE
- The separation and segregation of recyclables from the solid waste stream into designated categories for recycling by the waste generator at the point of generation.
- The Town of Sardinia, located within the County of Erie, State of New York.
- TOWN BOARD
- The duly elected and constituted legislative body of the Town of Sardinia.
- VEGETATIVE YARD WASTE
- Organic yard and garden waste, prunings, grass clippings, weeds, leaves and brush.
- WASTE GENERATOR
- Any person or other legal entity which produces waste requiring off-site disposal.
The designation and definition of recyclables shall be as set forth in this chapter and as may be determined from time to time by resolution of the Town Board. In the designation and definition of recyclables, the Town Board shall give due consideration to the public purposes for recycling, to the adequacy of economic markets for separated materials and to any additional effort and expense to be incurred by waste generators and authorized collectors in meeting the separation requirements.
Every waste generator in the Town shall cause recyclables to be source-separated from solid waste. Such source separation shall occur prior to the time that the solid waste is left for collection or is delivered by the generator of such waste to a solid waste management facility.
Waste generators shall cause source-separated recyclables to be properly prepared for collection or dropoff in the manner reasonably prescribed by the authorized collector, dropoff center or material recovery facility.
Waste generators shall cause properly prepared recyclables to be delivered to a dropoff center or material recovery facility.
It shall be a violation of this chapter for any person not authorized by the Town Board to collect or pick up or cause to be collected or picked up any recyclables or solid waste within the Town. Each such collection in violation hereof shall constitute a separate and distinct offense.
It shall be a violation of this chapter for a waste generator or authorized collector to dispose or attempt to dispose of recyclables as waste. Each such disposal or attempted disposal in violation hereof shall constitute a separate and distinct offense.
All authorized collectors are required to obtain an annual permit upon application and approval of the Town Board.
The Town Board shall determine by resolution the cost of the permit and any requirements to be met by the applicant. By this provision, the Town Board specifically reserves the discretion to determine the requirements for said permit, which shall include, but not be limited to, the type of vehicles used for collection, hours of collection, frequency of collection, materials collected and provisions against spillage and littering.
In determining the requirements for said permit, the Town Board shall give due consideration to existing source-separation, recycling and other resource-recovery activities in the Town.
All authorized collectors shall file a periodic report with the Town Board in a format and at a frequency designated by the Town Board. For all recyclables and solid waste collected from within the Town during a given period, the report shall include, but not be limited to, the following:
The weights by category of all solid waste collected, the name and address of each solid waste management facility where said waste was delivered and the weights by category of the waste delivered to each such facility.
The weights by category of all recyclables collected, stored, marketed and otherwise disposed of during the period.
The names and addresses of any persons or firms which have failed to properly source separate recyclables from solid waste; provided, however, that the authorized collector has made reasonable efforts to educate the persons or firms on the acceptable methods of proper source separation.
The Town Board by its designated officer is authorized to enforce this chapter. The same is hereby authorized and directed to establish and promulgate reasonable regulations as to the manner, days and times for the collection of recyclables in accordance with the terms hereof and any other matters required to implement this chapter. This shall include the licensing of authorized collectors. The Town Board may change, modify, repeal or amend any portion of said rules and regulations at any time.
The Town or any authorized collector may refuse to collect solid waste from any person who has clearly failed to source separate recyclables.
The Town or any authorized collector may refuse to collect recyclables from any person who has clearly failed to properly prepare such recyclables.
Any action by any person or other legal entity which violates or does not comply with any provision of this chapter or any regulation thereof shall be given a written notice to remedy upon the first violation and thereafter shall be punishable by a fine not to exceed $100 upon the first conviction and not more than $1,000 upon each subsequent conviction.
Any person or other legal entity which collects such recyclables without authorization of the owner and of the Town Board shall be punishable by a fine not to exceed $300 upon the first conviction, not more than $500 upon the second conviction and not more than $1,000 upon each subsequent conviction.
This chapter may be enforced in the Town of Sardinia Justice Court.
Any person may donate or sell recyclables to individuals or organizations authorized or licensed by the Town Board in its recycling regulations. These recyclables shall either be delivered to the individual's or organization's site or placed at the curb for collection by said individual or organization on days not indicated as recyclables collection days by the Town Board. Said individuals or organizations shall not collect recyclables on or immediately preceding (within 24 hours) a regularly scheduled curbside collection day without written authorization from the Town Board.
This local law shall take effect immediately with compliance of its terms effective September 1, 1992.