[HISTORY: Adopted by the Town Board of the
Town of Lockport as indicated in article histories. Amendments noted
where applicable.]
[Adopted 1-4-1995 by L.L. No. 1-1995]
The Town Board of the Town of Lockport finds
that the reduction of the amount of solid waste and the conservation
of recyclable materials are important public concerns. The separation
and collection of newspaper, paper, cardboard, glass, cans, plastic
containers and other materials for recycling from the residential,
commercial, industrial and institutional establishments in the Town
will protect and enhance the Town's physical and visual environment
as well as promote the health, safety and well-being of persons and
property within the Town by minimizing the potential adverse effect
of landfilling, facilitating the implementation and operation of other
forms of solid waste management, conserving natural resources, and
assisting the Town in complying with the mandates of the New York
State Solid Waste Management Act of 1988. The promotion and use of
recyclable materials, goods produced from recyclable materials and
goods which facilitate recycling will further serve the same purposes
by encouraging and facilitating recycling.
For the purposes of this article, the following
terms, phrases, words and derivatives shall have the following meanings:
The person or persons designated by resolution of the Town
Board to monitor and enforce this article. The Town Board shall act
as administrator unless a separate designation is made.
May include, but is not limited to, the following products
and their empty containers: insecticides, herbicides, petroleum products,
caustic chemicals, paint and batteries. Hazardous wastes generally
display one or more of the qualities of ignitability, corrosivity,
reactivity or toxicity.
That portion of the waste stream not included under "recyclables"
and not treated separately as hazardous waste under § 27-0903
of the New York Environmental Conservation Law; source, special nuclear
or by-product material as defined in the United States Atomic Energy
Act of 1954;[1] or low-level radioactive waste as defined in § 29-0101
of the New York Environmental Conservation Law. "Nonrecyclables" include
but are not limited to the following. The municipality may change
the classification of nonrecyclables to recyclables as defined herein
in the event it determines that reclassification is cost effective
or that economic markets exist for that product. The municipality
shall notify all generators of the change in classification.
GARBAGEPutrescible solid waste, including animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking or serving of foods. Garbage originates primarily in home kitchens, storage areas, markets, restaurants and other places where food is stored, prepared or served.
RUBBISHRags, sweepings, rubber, leather, excelsior, crockery, shells, clothing, straw, dirt, filth, ashes, wastepaper and similar waste material.
LARGE HOUSEHOLD FURNISHINGSLarge and/or bulky articles actually used in the home and which equip it for living (such as chairs, sofas, tables, beds, carpets and large appliances).
CONSTRUCTION AND DEMOLITION DEBRISWaste resulting from construction, remodeling, repair and demolition of structures, road building and land clearing. Such wastes include but are not limited to bricks, concrete and other masonry materials, soil, rock spoils, paving material and tree or brush stumps.
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 article prescribing a fine, penalty or imprisonment,
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.
Any materials which can be collected, separated and/or processed,
treated, reclaimed, used or reused to produce a raw material or product,
which materials include but are not limited to the following:
Paper, clean and unsoiled, including newsprint,
newspapers, news advertisements, supplements, comics and enclosures,
corrugated boxes, cardboard, cardboard cartons and similar corrugated
materials.
Unbroken glass, glass bottles or types of containers,
but not including dishes, crockery, ceramics, window glass, safety
glass or Pyrex-type glass.
Metals limited to bimetal cans, tin-plated steel
cans, aluminum containers, and aluminum household items.
Plastic containers normally found in the household,
including containers used primarily for laundry products, dishwashing
detergents, milk, water and similar items, including PET (polyethylene
terephthalate) and HDPE (high-density polyethylene) and other common
plastic resin types.
Such other items and materials, including garden
and yard waste, as may later be included pursuant to agreement between
the Town and its refuse collection contractor; provided, however,
that nothing in this article shall be construed as preventing any
person from utilizing vegetative yard waste for compost, mulch or
other agricultural, horticultural, gardening or landscaping purposes.
Includes all recyclables and nonrecyclables which make up
the waste stream eligible for curbside pickup under this article.
"Waste material" does not include dead animals, fecal matter or material
treated separately as hazardous waste under § 27-0903 of
the New York Environmental Conservation Law; source, special nuclear
or by-product material as defined in the United States Atomic Energy
Act of 1954;[2] or low-level radioactive waste as defined in § 29-0101
of the New York Environmental Conservation Law.
A.
Upon the effective date of this article, there is
hereby established a program for the separation, preparation for collection
and collection of waste materials. The program shall be under the
supervision of the Town of Lockport, its administrator and its collection
agent or contractor.
B.
The Town Board and its administrator will determine
recyclables and units required to recycle and notify Town residents
by publishing said information in the official Town newspaper or newspapers
at least 30 days before said declaration will be incorporated into
the Town program.
D.
The Town of Lockport, its administrator and its collection
agent or contractor shall have no obligation to pick up and remove
any waste material not prepared for collection in accordance with
this article.
E.
The Town of Lockport, its administrator and its collection
agent or contractor shall have no obligation to pick up and remove
any waste material which was not used in the residence or business
or other establishment and subject to the Town's contracts for garbage
and recycling.
F.
The Town of Lockport, its administrator and its collection
agent or contractor shall have no obligation to pick up or remove
any waste material which is not provided for pursuant to the Town's
contract for waste removal with a contractor or otherwise provided
for by a Town-administered pickup and removal program. Certain businesses,
industries and residences may not be provided for in Town of Lockport
pickup and removal programs.
No person shall dispose of waste material for
collection by the Town except as follows:
A.
Waste material shall be prepared for collection in accordance with Subsection A(1) through (4) of this section.
(1)
Each person shall provide separate, sealable galvanized
iron cans or other suitable sanitary sealable containers or heavy-duty
plastic bags for nonrecyclables unless stipulated otherwise in this
article. Such cans or containers shall not exceed 30 gallons' capacity
and when filled shall not exceed 60 pounds in weight. All cans or
containers shall be placed at the curb or roadside for collection.
(2)
Recyclable aluminum, cans and items, glass bottles
and plastic items shall be separated from nonrecyclables and placed
in the recyclable collection container.
(3)
Recyclable metal cans, aluminum, cans, glass and plastic
containers and other items so separated shall be rinsed of contents
and placed in the recyclable collection container.
(4)
Newsprint shall be separated from nonrecyclables and
either placed in the recyclable container or properly secured into
bundles not to exceed 25 pounds in weight and placed at the curb or
in the recyclable container or roadside next to the recyclable container
for collection. Effort is to be made to keep the newsprint clean and
dry and contamination free.
B.
Other items to be included for recycling are to be
prepared as set forth from time to time by resolution of the Town
Board according to such expansions of the curbside collection program
as may be established by the Town from time to time.
C.
One recyclable container shall be provided by the
Town to each unit and shall conform in color, logo, shape and material
and other specifications to the material established from time to
time by the Town Board. Replacements may be purchased from the Town
at an amount to be determined by the Town Board.
A.
Waste materials shall be collected in a manner consistent
with the terms of the Town of Lockport collection contract.
B.
The provisions of this article apply to commercial,
industrial and institutional waste generators. In the event they do
not have materials collected pursuant to law or contract they shall
be responsible for separating their waste into recyclable, reusable
or other components prior to being disposed of in any manner. This
material must be source-separated.
A.
When any person properly places any recyclable materials
at or near any curb, sidewalk, street or road for the purposes of
collection by the Town of Lockport or its contractor, those recyclable
materials shall thereupon immediately become the property of the Town
of Lockport or its authorized agent. No person not acting under authority
of the Town of Lockport or its authorized agent shall collect, pick
up, remove or cause to be collected, picked up or removed any recyclable
materials so placed for collection. Each such unauthorized collection,
pickup or removal shall constitute a separate violation of this article.
B.
Notwithstanding the provisions of Subsection A, where the Town or its agent or contractor has refused to collect certain recyclables because they have not been placed or treated in accord with the provisions of this article, the person responsible for initially placing those materials for collection may and shall promptly remove those materials from any curb, sidewalk, street side or roadside and assume possession, control and responsibility for the proper disposal of the same.
C.
Nothing herein shall prevent any person from making
arrangements for the private collection of recyclables, provided that
recyclables to be privately collected shall not be placed curbside
on or immediately preceding the day for municipal collection of such
recyclables.[1]
[1]
Editor's Note: Original Section 6(d), which
immediately followed this subsection, was deleted 12-3-2003 by L.L.
No. 6-2003.
[Amended 12-3-2003 by L.L. No. 6-2003]
A violation of this article, other than § 156-6A or 156-7, shall constitute a violation punishable upon conviction thereof by a fine not exceeding $250 or imprisonment for not more than 15 days, or both, for each offense. A violation of § 156-6A or 156-7 shall constitute a misdemeanor punishable upon conviction thereof by not more than six months' imprisonment or a fine not exceeding $1,000, or both.
The provisions of this article shall be severable,
and if any phrase, clause, sentence or provision of this article or
the applicability thereof to any person or circumstance shall be held
invalid, the remainder of this article and the application thereof
shall not be affected thereby.
[Amended 12-3-2003 by L.L. No. 6-2003]
This article shall take effect upon filing with
the Secretary of State.
