The Village of East Rockaway finds that:
A. The Village has identified residential, multiresidential
complexes and commercial recyclables to be separated from the waste
stream.
B. Based on existing markets for alternate uses, the
Village has identified newspapers, cardboard, glass bottles and jars,
metal food and beverage containers, plastic food and household product
containers, high-density polyethylene and polyethylene terephthalate
containers, yard waste, metal objects and construction and demolition
debris as reusable or recyclable products that must be separated from
all Village solid waste. Cardboard and office paper have been additionally
identified for commercial recycling.
C. All provisions of this article or regulations hereunder
shall be consistent with standards established pursuant to the New
York State Environmental Conservation Law.
D. Commercial establishments who elect not to participate
in a curbside recycling collection program must collect and market
their own recyclables.
E. By enacting this article
VI, the Village Board confers upon the Superintendent of Public Works the power to adopt regulations which will implement this article.
As used in this article, the following words
or phrases shall have the meanings annexed to each:
BULKY WASTE
Furniture (other than metal), mattresses, carpeting, heavy
lumber, logs in excess of six inches in diameter weighing less than
75 pounds and measuring less than four feet in length and similar
burnables. Tires and car batteries are excluded from collection.
CANS
Containers comprised of aluminum, tin, steel or a combination
thereof which contain or formerly contained only food and/or beverage
substances.
CARDBOARD
All corrugated cardboard normally used for packing, mailing,
shipping or containerizing goods, merchandise or other material but
shall not mean wax-coated or soiled cardboard.
CONSTRUCTION AND DEMOLITION DEBRIS
Bricks, concrete and other masonry materials, oil, rock,
wood, wall coverings, plaster, drywall, plumbing fixtures, nonasbestos
insulation, roofing shingles, asphaltic pavement, glass mirrors, windows,
housewares, etc., electric wiring and components and metal that is
incidental to any of the above.
ECONOMIC MARKETS FOR ALTERNATE USES
Those markets that exist when the full avoided costs of proper
collection, transportation and disposal of source-separated materials
are equal to or greater than the costs of collection, transportation
and sale of said materials less the amount received from the sale
of said materials.
GLASS
Includes all clear (flint), green and brown (amber) colored
glass containers.
METAL RECYCLABLES
Includes but is not limited to major appliances, steel file
cabinets, hot-water heaters, water storage tanks, steel doors and
windows, water softeners, oil storage tanks, lawn mowers, snowblowers,
bicycles, metal bedsprings, furnaces, metal furniture and small metal
appliances, tools and utensils. Propane tanks are excluded from "metal
recyclables" as defined herein.
MULTIRESIDENTIAL COMPLEX
Three or more residential units located on a single property
or continuous properties under common ownership, control or management
For this purpose, "residential unit" shall mean an enclosed space
consisting of one or more rooms designated for use as a separate residence
and shall include but not be limited to an apartment, condominium
unit, townhouse cooperative unit, mobile home, living unit in a group
home and room or set of rooms in a boardinghouse, but shall not include
rooms within a single-family residence, motel or hotel.
NEWSPAPER
Includes newsprint and all newspaper and newspaper advertisements,
supplements, comics and enclosures.
OFFICE PAPER
All high-grade office paper, fine paper, bond paper, xerographic
paper, mimeo paper, duplication paper, school paper, junk mail and
computer paper, but shall not mean newspaper, wax paper, plastic-
or foil-coated paper, styrofoam wax-coated food and beverage containers,
carbon paper, blueprint paper, food-contaminated paper, soiled paper
and cardboard.
PLASTIC CONTAINERS
Containers composed of high-density polyethylene, polyethylene
terephthalate or other specific plastics as the Superintendent may
designate which contain or formerly contained only food and/or beverage
and/or household substances.
RECYCLABLE MATERIAL
Includes newspapers, glass bottles and jars, metal food and
beverage cans, plastic food and household product containers made
from high-density polyethylene or polyethylene terephthalate plastics,
yard waste and metal recyclables and shall further include office
paper and cardboard generated from a commercial establishment. In
addition to these materials, the Superintendent may determine a material
to be "recyclable" for which there are economic markets for alternate
uses.
RECYCLING CENTER
Any facility designated and operated solely for the receiving
and storing of source-separated or post-separated designated recyclable
materials.
SOURCE SEPARATE
To separate recyclable materials from the solid waste stream
at the point of waste generation.
YARD WASTE
Grass clippings, leaves, bundles of twigs or branches, brush,
tree trunks, logs and stumps, all up to six inches in diameter, natural
holiday trees and wreaths and other general tree and yard or garden
wastes.
The Superintendent of Public Works shall be
solely responsible for the supervision and regulation of the collection
of recyclable materials generated or located within the Village and
shall establish from time to time such regulations as may be necessary.
The Superintendent shall act pursuant to the standards established
in this article.
In addition to the regulations for recycling
at residential premises, the following regulations shall also apply
to multiresidential complexes:
A. The Department of Public Works shall survey each multiresidential
complex and determine the best method of storage, collection and removal
of recyclables.
B. The Superintendent of Public Works shall be empowered
to declare that, because of size, configuration or physical layout,
a central storage area for collection must be established in the multiresidential
complex at a location approved by the Superintendent.
C. The Superintendent may direct that large appropriately
colored plastic containers or commercial-type containers be used for
the storage and collection of recyclables. These containers shall
be supplied by the owner and must be compatible with Department collection
equipment.
D. Curbside collection will be required unless otherwise
approved by the Superintendent.
E. The Superintendent is empowered to designate the day
of the week or scheduled date on which recyclables shall be collected.
Nothing in this article shall be construed as
preventing any person from utilizing yard waste for compost, mulch
or other agricultural, horticultural, gardening or landscaping purposes,
subject to such use not creating a public nuisance due to odors, aesthetically
unsightly appearance or other adverse effects on the neighboring environment.
Upon the granting of a permit for the collection
of recyclables, the person to whom such permit has been granted shall
provide to the Superintendent written reports on a monthly basis containing
the following information:
A. Gross tons of recyclables by type collected;
B. Locations of all commercial stops serviced during
the particular month of each community recycled; and
C. The disposal location for recyclables collected.
[Amended 12-10-2018 by L.L. No. 2-2018; 4-8-2019 by L.L. No. 3-2019]
The fees to be charged under the provisions of this chapter
shall be determined from time to time by resolution of the Board of
Trustees.
A. There shall be a fee for each application for a permit for collection of recyclables pursuant to §
161-35. Such fee shall be nonrefundable.
B. There shall be a fee for any vehicle used in connection with a permit issued pursuant to §
161-35.
C. There shall be a fee for each vehicle used in connection with a permit issued pursuant to §
161-35 upon the renewal of such a permit.
D. There shall be a fee for each substitution of vehicle used in connection with a permit issued pursuant to §
161-35.
E. There
shall be a fee for the processing of a lost permit.
F. Any vehicle
licensed for the collection of solid waste in the Village shall require
a separate and additional license if additionally utilized for the
collection of recyclables.
It shall be unlawful for:
A. Any person, other than those authorized by the Village to collect any recyclable materials without first obtaining a recycling collection permit pursuant to §
161-35.
B. Any person to violate or to cause or assist in the
violation of any provision of this article or any implementing rule
or regulation promulgated by the Board of Trustees or the Superintendent
of Public Works.
C. Any person to hinder, obstruct, prevent or interfere
with the Department employees or any other authorized persons in the
performance of any duty under this article or in the enforcement of
this article.
D. Any person to collect solid waste from a residential
premises and dispose of solid waste which consists of recyclable materials
combined with other forms of solid waste.
E. Any person to place recyclable material in a container
that is destined for collection by the Village as acceptable solid
waste for delivery to a Town of Hempstead solid waste management facility.
F. Any person to place any materials that are unacceptable
for treatment at a waste-to-energy facility into a container that
contains acceptable solid waste and is destined for processing at
said facility. This includes but is not limited to metals, construction
and demolition debris, tires, bulky waste and hazardous waste.
If any clause, sentence, paragraph, subdivision,
section or part of this article is adjudged invalid by a court of
competent jurisdiction, the judgment shall not affect, impair or invalidate
the remainder of this article but shall be confined in its operation
to the clause, sentence, paragraph, section or part of this article
that shall be directly involved in the controversy in which such judgment
shall have been rendered.