[HISTORY: Adopted by the Board of Trustees of the Incorporated Village of Bellerose 7-13-1992 by L.L. No. 2-1992. Amendments noted where applicable.]
This chapter shall be cited and may be referred to hereinafter as the "Recycling and Waste Collection Law of the Incorporated Village of Bellerose."
It is the goal of the Incorporated Village of Bellerose to facilitate the disposal of solid waste generated within the Village in the most economical and environmentally accepted manner and reduce the total amount of solid waste disposed of by the Village. This program is further designed to protect the health and safety of the residents of the Village.
For the purpose of this chapter, certain words and phrases shall be construed herein as set forth in this section unless it is apparent from the context that a different meaning is intended. When not inconsistent with the context, the present tense shall include the future, and words in the plural shall include the singular and vice versa. Further, a masculine pronoun shall include the feminine. The word "shall" is always mandatory and not merely directory.
As used in this chapter, the following terms shall have the meanings indicated:
- BOARD OF TRUSTEES
- The Board of Trustees of the Incorporated Village of Bellerose.
- BULK WASTE
- An item of solid waste larger than two feet by two feet by four feet or heavier than 50 pounds.
- A thick paperboard, including but not limited to corrugated boxes, cardboard cartons, pasteboard or similar corrugated materials.
- DISPOSAL FACILITY
- Any solid waste management plant or site under contract to receive solid waste originating from within the Village of Bellerose or such other site as shall be determined by the Board of Trustees.
- DISPOSAL FEE
- The fee charged by the disposal facility under contract with the Incorporated Village of Bellerose or carter contracted by the Village.
- HAZARDOUS SUBSTANCE
- Any material, natural or manufactured, which by itself or in concentration with other like or dissimilar material will contaminate to environmentally unsafe levels the atmosphere or water whether above or below the ground.
- A paper product printed on newsprint, including all newspapers, newspaper advertisements and comics. Not included in this definition are magazines, telephone books or other advertising material printed on glossy or slick papers, whether enclosed with the newspapers or not.
- Any building or parcel of land not used as a residence or a multiple dwelling as defined in this section.
- Any individual, partnership, association, firm, corporation or any and all combinations of individuals acting in concert.
- PRIVATE CARTER
- A contractor providing collection of solid waste services in the Village, under license issued by the Sanitation Commissioner and Town of Hempstead and subject to the rules and regulations and fee schedule as provided for by the Village and the Town of Hempstead.
- RECYCLABLE COLLECTOR
- A contractor under contract with the Incorporated Village of Bellerose to provide collection of recyclables for remanufacture or reuse, subject to the terms and conditions of said contract with the Incorporated Village of Bellerose.
- Solid waste consisting of newspapers, glass bottles and jars and metal food and beverage cans and such other materials as designated by the Sanitation Commissioner and approved by the Board of Trustees.
- RECYCLING CENTER
- Any combination of structure, machinery and facilities used for the off-loading of recyclables from collection vehicles, the processing of recyclables and the reloading of recyclables into vehicles for marketing.
- A person residing in a residence.
- SOLID WASTE
- Materials or substances discharged or rejected as being spent, useless, worthless or in excess by the owner at the time of such discard or rejection, except sewage and any other highly diluted water-carried materials or substances and those in gaseous form. Such waste shall include, but is not limited to, garbage, sludge, rubbish, ashes, incinerator residue, street cleanings, dead animals, offal, abandoned vehicles, agricultural waste, industrial waste, commercial waste and construction and demolition debris.
- SOLID WASTE SERVICE
- The handling, removal, storage or disposal of solid waste, including but not limited to placing or removing containers for solid waste on or from sites within the Village not owned by the person placing or removing the containers and transporting solid wastes from or to any of the locations within the Village.
- The incorporated area of the Village of Bellerose.
It shall be the responsibility of all residents to separate recyclables from all residential solid waste and place them out for collection in the following manner:
Newspapers, metal cans and metal caps and glass shall be placed in a separate container(s) supplied by the Village or town.
Prior to placement for collection and removal, glass and metal recyclables shall be cleaned, and all contents shall be removed therefrom. Caps shall be removed from glass recyclables.
Recyclables for collection shall be placed in the containers provided and placed at curbside, if authorized by resolution, on the date prescribed by the Sanitation Commissioner. Excess recyclable materials shall be placed in additional appropriate containers provided by the resident, next to the Village-provided containers on the day prescribed for pickup.
Recyclables shall not be placed in the same container as or otherwise mixed with other forms of solid waste.
It shall be unlawful for a person to collect from a resident and dispose of solid waste which consists of recyclabies combined with other forms of solid waste.
Ownership of recyclables set out for collection shall thereupon vest in the Village. It shall be unlawful for any person, other than that person under contract with the Village, to collect, remove or dispose of recyclables which are the property of the Village.
The Sanitation Commissioner is empowered to designate the day of the week on which recyclables shall be collected and removed from a particular area. Recyclables shall not be collected or removed from any area except on the day of the week designated by the Superintendent.
As of August 1, 1992, all residences and multiple dwellings shall provide for the separate collection of recyclables as distinguished from other forms of solid waste.
All regular garbage, recyclables and bulk waste shall be stored at the rear of the premises. The dates and frequency of collection shall be determined by the Commissioner of Sanitation. The Board of Trustees, by resolution, shall determine whether the pickup of garbage, bulk waste or recyclables shall be at curbside or at the rear of the resident's premises.
Any person engaged in the business of collecting solid waste or rendering solid waste services, who is not authorized by the Village, shall be guilty of a violation punishable by a fine of not less than $250 and not exceeding the sum of $1,000 or by imprisonment for a term not exceeding 15 days, or both. Each day such violation occurs or continues shall constitute a separate offense.
The violation of § 169-4 shall be punishable as follows:
For a first conviction: by a fine of not less than $50 nor more than $100.
For a second conviction within one year: by a fine of not less than $100 nor more than $250.
For a third conviction within one year: by a fine of not less than $250 nor more than $500.
For a fourth and each subsequent conviction within one year: by a fine of not less than $500 nor more than $1,000.
Any solid waste or recyclable carter must be licensed by the Commissioner of Sanitation. The Board of Trustees shall establish such license fees by resolution.
If any term, part, provision, section, subdivision or paragraph of this chapter shall be held unconstitutional or ineffective, in whole or in part, then, to the extent that it is not unconstitutional or defective, this chapter and such term, part, provision, section, subdivision or paragraph thereof shall be in full force and effect; and such determination shall not be deemed to invalidate the remaining terms, parts, provisions, sections, subdivisions or paragraphs thereof.
This chapter shall take effect immediately.