[HISTORY: Adopted by the Town Board of the Town of Cato 6-1-2021 by L.L. No. 2-2021. Amendments noted where applicable.]
The purpose of this article is to promote and protect the public
health and welfare of the citizens of the Town of Cato by regulating
the collection and disposal of solid waste; to reduce the amount of
solid waste which the Town must dispose of; to eliminate disposal
of solid waste at sites which are not authorized by the Town; to recover
recyclable materials and deliver them to markets; to offer alternative
refuse disposal and recycling options; to reduce littering; and to
encourage participation by the whole community in addressing the solid
waste problem through a simple, equitable fee system based on actual
solid waste quantities generated.
This article is enacted under the authority granted the Town
of Cato in § 120-aa of the General Municipal Law, § 136
of the Town Law, § 10 of Municipal Home Rule Law and through
the requirements of the New York State Solid Waste Management Act
of 1988.
As used in this article, unless otherwise expressly stated,
the following terms shall have the meanings indicated:
Refers to the microbial degradation or decomposition of organic
matter into a useful product.
Discarded general building materials and refuse matter resulting
from the erection, repair or demolition of buildings, structures or
other improvements of property excluding materials defined as hazardous
waste.
That person appointed by the Town Board to enforce this article
and other laws related to solid waste issues.
Any nonrecyclable kitchen and household waste and table cleanings.
Any residential structure where more than four unrelated
residents reside which includes shared kitchens and bathrooms.
A waste defined in § 27-0901 of the Environmental
Conservation Law of the State of New York as the same may be amended
from time to time.
Any other large, bulky article actually used in the home
and which equip it for living, including, but not limited to, chairs,
sofas, tables, beds and carpets.
Any residential structure with four or more units with individual
kitchens and bathrooms.
Items not listed as collectible by the Recycling Coordinator,
including, but not limited to, rags, sweepings, rubber, leather, crockery,
electrical wiring, shells, dirt, filth, ashes and similar waste materials.
Any building not used as a residence or multiple-family residence
and includes commercial establishments, social organizations, churches,
and schools.
Those waste items designated by the Recycling Coordinator
as being marketable, and currently including but not limited to clean
plastic and glass food containers, metal food cans, dry discarded
newspapers, magazines, cardboard and flat paper.
A site or sites designated by the Town Board and operated
by the Town of Cato or designated agent for the purposes of collecting
recyclables so that they can be shipped to various recycling markets.
That person appointed by the Town Board to administer the
recycling program and to arrange for marketing the collected items
and to perform educational and informational functions.
Any residential structure with fewer than three units which
have separate kitchens and baths.
A waste defined by § 27-0701 of the Environmental
Conservation Law of the State of New York as the same may be amended
from time to time. Hereinafter, referred to as "waste."
Discarded vehicular tires and tire casings separated from
the rim.
The Town of Cato, its Town Board and its agents and representatives.
Any large, bulky household mechanism, including, but not
limited to, tin, refrigerators, washers, dryers, stoves and water
heaters.
Leaves, grass clippings, twigs and branches, hedge trimmings,
and tree limbs under four inches in diameter.
A.
The Town shall operate and maintain proper facilities for separated
recyclables at a central location, designated as the "Recycling Center."
Additional drop-off points for recyclables may be designated by resolution
of the Town Board. The Recycling Center and other drop- off points
will accept designated recyclable items. Certain other items, such
as but not limited to white goods, will be identified by a list issued
from the Recycling Coordinator. They may be deposited at the Recycling
Center provided that a disposal fee has been paid. The Town Board
reserves the right to revise the fee schedule for recyclables by resolution.
B.
The initial hours of operation for the Town Recycling Center and
a fee schedule for disposal of recyclables shall be adopted by resolution
of the Town Board of the Town of Cato. Oversight of the operation
of the Town Recycling Center shall be the responsibility of the Recycling
Coordinator.
C.
The Town Recycling Center may accept recyclables pursuant to rules
and regulations adopted by the Town of Cato from both permitted collectors
and residential and nonresidential users who can demonstrate that
they reside in the Town of Cato and have obtained a permit to use
the facility from the Town Clerk.
D.
The Recycling Coordinator and/or designated inspectors will conduct random inspections of solid waste and recyclables left curbside. If these random inspections reveal recyclables mixed with solid waste, this will constitute a violation of this article and could result in penalties under the provisions of § 138-11 of this article.
A.
The Recycling Coordinator shall issue instructions on which materials
are to be collected, the timetable and how they shall be prepared.
B.
The Recycling Coordinator shall work with the owners or operators
of nonresidential and commercial properties to develop recycling plans
which meet the community's goal of increasing recycling in a
manner which is as efficient for the property as possible.
A.
The owner of every multifamily residential complex or group residence
shall provide and maintain, in a neat and sanitary condition, recycling
collection areas to receive the recyclables generated by the residents
of the complex. This area will be approved by the Recycling Coordinator
and, if construction is required, the area will conform to local codes.
B.
In cases where a condominium, cooperative, homeowner or similar organization
exists, the association shall be responsible for the provision and
maintenance of the recycling collection areas.
C.
All residents shall separate recyclables from the waste stream and
place them in the appropriate containers within the collection areas,
or curbside.
D.
The Recycling Coordinator shall work with the owners or operators
of multiple-family and group residences to develop recycling plans
which meet the community's goal of increasing recycling in a
manner which is as efficient for the residence as possible.
All recyclables offered for collection, either curbside or at
the Recycling Center, shall be clean and free of food particles and
shall be kept dry.
It is unlawful to place a hazardous substance out for collection
at curbside.
It is unlawful to dispose of any material by dropping or willfully
dumping such material in a manner inconsistent with the intent of
this article and at a site not authorized by this article.
The Town Recycling Center is open to Town residents, nonresidence
buildings and commercial facilities only. Only materials generated
inside the Town of Cato will be accepted.
It is the intent of this article to encourage recycling and
safe disposal of solid waste in the Town of Cato. Unless otherwise
stated, those who violate the provisions of this article will face
these penalties:
A.
Any person, individual, firm, corporation or partnership who fails
to comply with the provisions of this article other than those provisions
pertaining to the payment of charges for services established herein,
shall be guilty of a violation and shall be notified of this violation
by a written summons issued by the Recycling Coordinator and/or designated
inspector and delivered by certified mail, personal service, or any
other form of service allowed by law. A first violation of this article
shall be subject to a written warning. A second violation shall be
subject to a written warning. Upon the third, the Recycling Coordinator
will refer the case to the Town Court. Anyone found guilty of such
violations shall be fined $50. Upon the fourth and subsequent violations,
the Recycling Coordinator will refer the case to the Town Court. Anyone
found guilty of such violations will be fined up to $250 and/or 30
days in jail.
B.
Any person who knowingly makes any false statements, representation,
record, report, plan or other documentation filed with the Town or
who falsifies, tampers with or knowingly renders inaccurate any monitoring
device or method required under this article shall be punished by
$250 and/or 90 days in jail.
All provisions of any other local law or ordinance which are
inconsistent with the provisions of this article are hereby repealed.
A clean, wholesome, attractive environment is declared to be
of importance to the health, safety and welfare of the residents of
the Town of Cato ("Town"). It is further declared that the importation
of solid waste generated within the State of New York and outside
the Town to any site within the Town is a hazard to such health, safety
and welfare, necessitating the elimination thereof.
As used in this article, the following terms shall have the
meanings indicated:
All materials or substances discarded or rejected as being
spent, useless, worthless or in excess to the owners at the time of
such discard or rejection, including, but not limited to, garbage,
refuse, industrial and commercial waste, sludges from air or water
control facilities, rubbish, ashes, contained gaseous material, incinerator
residue, demolition and construction debris, discarded automobiles
and offal.
The importation of solid waste generated outside the Town to
any site within the Town is hereby prohibited. Said prohibition shall
apply only to solid waste generated within the State of New York.
A.
Any person, firm or corporation committing an offense of this article
shall be guilty of a violation and shall be subject to a mandatory
minimum fine not to exceed $1,000.
B.
In the event of a continuing offense of this article, each day such
offense shall continue shall be a separate violation and subject to
a separate penalty.
C.
The Town Attorney may also maintain an action or proceeding in a
court of competent jurisdiction to restrain any violations of this
article.
All provisions of any other local law and/or ordinance which
are inconsistent with this article are hereby repealed.
The enforcement of this article will be the responsibility of
the Recycling Coordinator.
