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:
A.
Collecting recyclables from waste generators for delivery to
a recycling facility or market; and/or
B.
Collecting solid waste from waste generators for disposal at
a permitted solid waste facility.
COMPONENTS
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
Magazines, glossy catalogs and other matter printed on glossy
or slick paper.
NEWSPAPERS
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.
PERSON
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.
RECYCLABLES
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:
B.
BIMETALLIC CANSEmpty food or beverage containers consisting of ferrous sides and bottoms and an aluminum top.
C.
CORRUGATEDWood-pulp-based material which is usually smooth on both sides with a corrugated center commonly used for boxes for packing, mailing, shipping or containerized goods, merchandise or other material, but excluding plastic, foam or wax-coated or soiled cardboard.
E.
GLASS CONTAINERSBottles and jars made of clear (flint), green or brown (amber) glass. Expressly excluded are noncontainer glass, drinking glasses and cups, window and mirror glass, blue glass, light bulbs and porcelain or ceramic products.
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.
TOWN
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.
WASTE GENERATOR
Any person or other legal entity which produces waste requiring
off-site disposal.
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.