Town of Fort Edward, NY Chapter 79 Recycling

[HISTORY: Adopted by the Town Board of the Town of Fort Edward 5-29-1990 as L.L. No. 5-1990. Amendments noted where applicable.]

GENERAL REFERENCES

Hazardous waste - See Ch. 62.

Junkyards - See Ch. 66.

Solid waste disposal - See Ch. 82.

§ 79-1 Declaration; intent, findings; purpose.

A. It is declared that a reduction of solid waste through separation and removal of recyclable materials from the waste stream is of importance to the economic welfare of the residents of the Town of Fort Edward, County of Washington, and will help to promote the health and general welfare of its citizens.

B. It is the intent of this chapter to facilitate the disposal of solid waste generated within the Town of Fort Edward in the most environmentally acceptable manner possible and to facilitate and encourage the recovery of all recyclable materials which can be marketed or used for secondary purposes.

C. The town hereby determines, declares and finds that:

(1) Improper municipal waste practices create public health hazards, environmental pollution and economic loss, and cause irreparable harm to the public health, safety and welfare.

(2) Waste reduction and recycling are preferable to the processing or disposal of municipal waste.

(3) By purchasing products or materials made from recycled materials, public agencies in the town can help stimulate the market for such materials and thereby foster recycling, and can also educate the public concerning the utility and availability of such materials.

(4) Removing certain materials from the municipal waste stream will decrease the flow of solid waste to municipal waste landfills, aid in the conservation and recovery of valuable resources, conserve energy in the manufacturing process, increase the supply of reusable materials for the town's industries, and will also reduce substantially the required capacity of proposed resource recovery facilities and contribute to their overall combustion efficiency, thereby resulting in significant cost savings in the planning, construction and operation of these facilities.

(5) It is in the public interest to promote the source separation of marketable materials on a townwide basis so that reusable materials may be returned to the economic mainstream in the form of raw materials or products rather than be disposed of or processed at the town's overburdened municipal waste processing or disposal facilities.

(6) The recycling of marketable materials by municipalities in the town and town agencies, and the development of public and private sector recycling activities on an orderly and incremental basis, will further demonstrate the town's long-term commitment to an effective and coherent solid waste management strategy.

(7) The town is responsible for the protection of the health, safety and welfare of its citizens concerning solid waste management.

D. It is the purpose of this chapter to:

(1) Encourage the development of waste reduction and recycling as a means of managing municipal waste, conserving resources.

(2) Protect the public health, safety and welfare from the short- and long-term dangers of transportation, processing, treatment, storage and disposal of municipal waste.

(3) Require the town to implement recycling programs to return valuable materials to productive use, to conserve energy and to protect capacity at municipal waste processing or disposal facilities.

E. Declaration of goals. The Town of Fort Edward hereby declares the following:

(1) Each person working or living in this town shall be taught the economic, environmental and energy value of recycling and waste reduction and shall be encouraged through a variety of means to participate in such activities.

(2) The town should, to the greatest extent practicable, procure and use products and materials with recycled content and procure and use materials that are recyclable.

§ 79-2 Definitions.

When used in this chapter, the following terms shall have the meanings indicated:

COMMERCIAL SECTOR

Those persons generating solid waste at businesses, including retail stores, banks and financial institutions, business and professional offices, personal services establishments, mortuaries and funeral homes, restaurants, pet shops and veterinary establishments, automobile sales establishments, gasoline stations, car washes and agricultural endeavors and such other business endeavors although not specifically defined herein.

DIRECTOR

The Supervisor of the Town Board of the Town of Fort Edward.

DROP-OFF AREA

Any area designated from time to time by the Director where persons can bring recyclables for aggregation and further transport to a solid waste management facility.

HOUSEHOLD COLLECTION

The practices whereby solid waste, including separated recyclables, generated by the residential sector is placed at or near the roadside, or other appropriate location at residential property, to be picked up by a hauler for transportation to a solid waste management facility.

INDUSTRIAL SECTOR

Those persons generating solid waste at establishments primarily concerned with manufacturing or other substantial physical/chemical processing of materials, which operations result in strong or offensive odors; vibrations; excessive noise; smoke; dirt; or heavy truck traffic, including manufacturing establishments; warehouses and wholesale distributors; freight and trucking terminals; and heavy machinery sale, service and repairs.

INSTITUTIONAL SECTOR

Those persons generating solid waste at public, eleemosynary and similar establishments, including schools, churches, hospitals, psychiatric centers, government offices and garages, and nursing homes.

RECYCLABLES

The following materials: newsprint; unbroken clear (flint), green and brown glass containers; tin cans; aluminum, copper, brass and stainless steel; corrugated cardboard; high density polyethylene (HDPE) containers; motor vehicle batteries; motor vehicle tires up to and including size 9.00/16.5 (metric 235/85R16); and scrap metal, including miscellaneous iron, steel and white metals (appliances).

RESIDENTIAL SECTOR

Those persons generating solid waste at single and multiple residences, boardinghouses, dormitories, mobile home parks, temporary residences and camps.

§ 79-3 Source separation.

A. Generally.

(1) The town shall require all persons engaged in the commercial sector to obtain licenses to collect and transport municipal waste, subject to the plan as outlined in this chapter, together with the imposition of any fees duly enacted by the Town Board.

(2) The Director may from time to time determine that certain materials contained in solid waste generated or brought within the town are recyclables or that certain materials included or hereafter included in this chapter's definition of "recyclables" are no longer recyclable. Upon any such determination, the Director shall submit a written report to the Town Board recommending that such materials be added to or deleted from the definition of "recyclables" and providing the reasons and data supporting such inclusion or deletion. The Director determination shall in all cases be based on an evaluation whether economic markets exist for alternate uses of such materials are equal to or greater than the cost to the Town of Fort Edward of collection, transportation and sale of said material less the amount received from the sale of said material by the Town of Fort Edward.

(3) In making recommendations pursuant to this subsection, the Director may recommend that a material be recyclable only for the residential sector, commercial sector, industrial sector or institutional sector or any combination thereof.

(4) All persons shall separate recyclables from other solid waste when preparing the same for transportation, collection, pickup or removal by placing recyclables in one (1) or more separate containers. It shall be a violation of this chapter for any person to place for collection any container which contains recyclables mixed with other solid wastes. It shall be a violation of this chapter for any person to deliver to a drop-off area or a solid waste management facility any load which contains recyclables mixed with other solid waste.

(5) Recyclables delivered to a solid waste management facility shall be prepared in accordance with all rules and regulations which shall be filed with the Clerk of the Town Board. Such rules and regulations for preparation may include, but shall not be limited to:

(a) Removal of glossy inserts or wet or damp materials from newsprint.

(b) Washing of glass and/or metal containers.

(c) Flattening of cans and plastic containers.

(d) Removal of caps, lids and metal or plastic neck bands from glass containers.

(e) Removal of broken glass.

(f) Placement in designated or properly labeled containers, where practical.

(g) Sorting into different categories of recyclables.

B. Procedures for residential sector. The following procedures shall apply to the residential sector:

(1) Wherever household collection of recyclables is available from a commercial or municipal hauler, persons choosing to use such collections service and persons wishing to dispose of recyclables must deliver or make arrangements to have them delivered, properly separated and prepared, to a solid waste management facility or to any drop-off area which the Director may from time to time designate. It shall be a violation of this chapter for any person without authority of the county to collect, pick up, remove or cause to be collected, picked up or removed any recyclables placed for collection at a drop-off area. Each such unauthorized collection, pickup or removal from a drop-off area shall constitute a separate and distinct violation of this chapter.

(2) It shall be a violation of this chapter for any person in the residential sector to dispose of recyclables within the Town of Fort Edward otherwise than as provided by this Subsection B.

C. Procedures for the commercial, industrial and institutional sectors. The following procedures shall apply to the commercial, industrial and institutional sectors:

(1) Persons wishing to dispose of recyclables shall deliver or make arrangements with a commercial or municipal hauler to deliver recyclables, properly separated and prepared, to a solid waste management facility duly designated pursuant to this chapter.

(2) Although all persons from the commercial, industrial or institutional sectors must separate recyclables from other solid waste in accordance with the general provisions of this chapter they need not deliver or make arrangements with a hauler to deliver said recyclables to a duly designated solid waste management facility in the following circumstances:

(a) They have access to markets for recyclables which provides a material economic benefit compared to disposal at the designated solid waste management facility, actually deliver or cause to be delivered recyclables to such markets on a regular basis, and can document access, material economic benefits and actual delivery with contracts, receipts, bills of lading, affidavits, letters of intention or other suitable records indicating the facts justifying exemption.

(b) They file on an annual basis an application for exemption with the Director, which application shall set forth on a prescribed form all information or facts justifying exemption from the operation of Subsection C(1) and (2) hereinabove. They shall include copies of all pertinent documentation with such application.

(c) They obtain written approval of the exemption from the Director, which approval shall not be unreasonably withheld or delayed.

(3) It shall be a violation of this chapter for any person in the commercial, industrial or institutional sectors to dispose of recyclables otherwise than as provided by this Subsection C.

D. Disposal of collected recyclables by haulers.

(1) Municipal or commercial haulers engaged in collecting recyclables generated within the town by the residential, commercial, industrial or institutional sectors shall keep recyclables separate from other solid wastes, shall handle recyclables in such a manner that they are not contaminated or destroyed and shall deliver recyclables only to a solid waste management facility duly designated pursuant to this chapter.

(2) Haulers need not deliver collected recyclables to a duly designated solid waste management facility in the following circumstances:

(a) They have access to markets for recyclables which provide a material economic benefit compared to disposal at the designated solid waste management facility, actually deliver or cause to be delivered recyclables to such markets on a regular basis, and can document access, material economic benefit, and actual delivery with contracts, receipts, bills of lading, affidavits, letters of intention or other suitable records indicating the facts justifying exemption.

(b) They file on an annual basis an application for exemption with the Director, which application shall set forth on a prescribed form all information or facts justifying exemption from the operation of Subsection D(1) hereinabove. They shall include copies of all pertinent documentation with such application.

(c) They obtain written approval of the exemption from the Director, which approval shall not be unreasonably withheld or delayed.

(3) It shall be a violation of this chapter for any municipal or commercial hauler to collect, handle or dispose of recyclables otherwise than as provided by this Subsection D.

§ 79-4 Rules and regulations.

A. The Director of Solid Waste shall have the power to adopt and promulgate, amend and repeal such rules and regulations as in his discretion are necessary or desirable to carry out, interpret and enforce the intent and purposes of this chapter. Notwithstanding this power, any failure to adopt and promulgate such rules and regulations shall not impair the enforceability of this chapter in a court of competent jurisdiction.

B. The Director may also develop, subject to Town Board review, a comprehensive, innovative and effective public education program concerning the value of recycling and waste reduction, and of public opportunities to participate in such activities, in cooperation with area schools and other municipalities.

C. The Director may also develop and maintain a data base on recycling and waste reduction in the town, and make the information in that data base available to the public.

§ 79-5 Enforcement penalties for offenses.

A. The Superintendent of Highways, Director and any other person designated by the Board shall be authorized to inspect:

(1) Solid waste left for collection.

(2) Loads of solid waste being transported within the Town of Fort Edward.

(3) Solid waste being disposed of at the town's sanitary landfill for the purpose of determining if any person has failed to comply with provisions of any section of this chapter.

B. The Superintendent of Highways, Director and any other person designated by the Board shall be authorized to turn away and deny access to any person delivering a load of solid waste which includes or contains recyclable materials to the town's sanitary landfill.

C. Any violation of this chapter shall be punishable by imprisonment in the Washington County Jail for not more than fifteen (15) days or by a fine of not more than two hundred fifty dollars ($250.), or by both such fine and imprisonment.

D. Each commission of a single act shall constitute a separate violation of this chapter, and each day of such violation shall constitute a separate offense, which may be punished and prosecuted as such.

E. In addition to the penalties herein set forth, any person or entity who is convicted of violating any portion of this chapter after having been convicted of a violation of any portion of this chapter within the preceding five (5) years shall be liable for payment to the Town of Fort Edward a civil penalty as follows:

(1) In the amount of one thousand dollars ($1,000.) upon a third conviction within the preceding five (5) years; and

(2) In the amount of two thousand dollars ($2,000.) upon a fourth or subsequent convictions within the preceding five (5) years.

§ 79-6 Advisory Committee.

An Advisory Committee, consisting of not more than seven (7) Town of Fort Edward residents, may be established to assist in the town's recycling efforts. The Town Supervisor shall be the appointing authority with members to serve at the pleasure of the Supervisor. The Committee would serve in an advisory capacity only.