[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:
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.
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.
A private or publicly operated facility to which a person
can deliver recyclables for further processing and marketing.
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.
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.
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.
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:
ALUMINUM CANSEmpty, all-aluminum beverage and food containers.
BIMETALLIC CANSEmpty food or beverage containers consisting of ferrous sides and bottoms and an aluminum top.
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.
FERROUS CANSEmpty steel or tin food or beverage containers.
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.
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.
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.
The duly elected and constituted legislative body of the
Town of Sardinia.
Organic yard and garden waste, prunings, grass clippings,
weeds, leaves and brush.
Any person or other legal entity which produces waste requiring
off-site disposal.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
Waste generators shall cause properly prepared recyclables to be
delivered to a dropoff center or material recovery facility.
E.Â
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.
F.Â
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.
A.Â
All authorized collectors are required to obtain an annual permit
upon application and approval of the Town Board.
B.Â
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.
C.Â
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.
D.Â
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:
(1)Â
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.
(2)Â
The weights by category of all recyclables collected, stored, marketed
and otherwise disposed of during the period.
(3)Â
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.
A.Â
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.
B.Â
The Town or any authorized collector may refuse to collect solid
waste from any person who has clearly failed to source separate recyclables.
C.Â
The Town or any authorized collector may refuse to collect recyclables
from any person who has clearly failed to properly prepare such recyclables.
A.Â
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.
B.Â
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.
C.Â
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.
