Town of Orchard Park, NY
Erie County
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Table of Contents
Table of Contents
[Adopted 6-3-1992 as L.L. No. 2-1992]
The collection of recyclable materials from all persons and waste-generating units in the town will serve the general public interest by reducing the volume of municipal solid waste and protecting the environment. This Article is intended to comply with the mandate of the State of New York for recycling.
The following words and phrases used throughout this Article shall have the following meanings:
AUTHORIZED COLLECTOR
A person, individual, partnership or corporation or employer or agent thereof authorized by contract or license with the municipality to collect solid waste from residential, commercial and institutional properties as herein defined under the terms and conditions of this Article. In the event of municipal collection, this definition shall include the governing body and employees thereof.
MUNICIPAL SOLID WASTE
All putrescible and nonputrescible materials that have been discarded or rejected, including but not limited to garbage, refuse and rubbish. Not included are hazardous wastes as defined by the New York State Department of Environmental Conservation.
PERSON
Includes a lessee or other person in possession as well as an owner of real estate, and includes a person, firm or corporation who or which owns real estate.
RECYCLABLE MATERIALS
Those clean, noncontaminated materials designated by the Town Board as requiring separation from municipal solid waste at the source. They include but are not limited to newspapers, corrugated cardboard, clear glass bottles and jars, metal food and beverage cans and plastic containers designated Nos. 1, 2 and 3. The above list of materials may be modified by resolution of the Town Board, as the need arises.
RECYCLING
Any process by which materials which would otherwise become solid waste are collected, separated and/or processed, treated, reclaimed, used or reused.
WASTE-GENERATING UNIT
Any single-family or other residential dwelling and any municipal, commercial or institutional establishment which generates municipal solid waste.
The Town of Orchard Park hereby establishes a recycling policy for the mandatory separation and collection of recyclable materials from all persons and waste-generating units.
A. 
Any person or occupant or owner of any waste-generating unit within the Town who shall place for collection any recyclable materials shall do so in strict conformity with the following requirements:
(1) 
Recyclable materials shall be separated from municipal solid waste and placed at the roadside for collection.
(2) 
Waste-generating units or persons shall separate and prepare recyclable materials for collection as prescribed in the agreement between the Town of Orchard Park and its contractor for refuse and garbage collection and disposal.
(3) 
Waste-generating units or persons shall place recyclable materials in containers as hereinafter prescribed at the roadside to be collected at times designated by the Town.
B. 
Containers for recyclable materials required herein shall be placed prior to collection at the roadside where they shall be readily accessible to the collector. The occupant or owner of the waste-generating unit shall keep the container clean and in condition for safe handling. The container or other items to be collected shall be placed at the roadside after 6:00 p.m. of the day immediately preceding the day of collection. After collection, any empty containers shall be removed from the roadside the same day. Containers shall be supplied by the owner or occupant of the waste-generating unit.
C. 
Each waste-generating unit shall maintain and make available for the collection of recyclable materials at least one but not more than three plastic recycling bins, blue in color and approximately 19 inches long, 14 inches high and 13 inches deep.
D. 
Recyclable materials shall not be placed in the same container with municipal solid waste for collection. The Town reserves the right to refuse to collect from waste-generating units municipal solid waste containing recyclable materials.
E. 
Mixed or other papers are hereby determined to be recyclable materials.
[Added 11-6-2002 by L.L. No. 1-2002]
All recyclable materials placed at the roadside for collection pursuant to this article and any regulations hereunder shall become the property of the Town at the time of placement at the roadside.
A. 
All authorized collectors must obtain a solid waste collection license from the Town of Orchard Park. A fee for such license shall be set by the governing body on an annual basis, and all licenses shall be issued for the calendar year, or such portion thereof. There shall be no reduction in the fee for a license issued after the beginning of a calendar year.
B. 
An authorized collector sticker shall be prominently displayed on each vehicle operated by or on behalf of the authorized collector.
C. 
Authorized collector applications may be denied if the applicant or licensee has been adjudged or administratively determined to have committed one or more violations of this article during the preceding calendar year.
D. 
All authorized collectors licensed by the Town of Orchard Park indemnify and hold harmless the Town of Orchard Park for any pending, threatened or actual claims, liability or expenses arising from waste disposal by the authorized collector in violation of this article.
E. 
Authorized collectors shall offer collection services for all recyclable materials to all residential customers from whom they provide municipal solid waste services at the same times and on the same days as services are provided to their customers for solid waste collection.
F. 
Each collector who shall apply for a license under this section shall state the manner of collection and the place and method of disposal of municipal solid waste and recyclable material from its residential, commercial, industrial and institutional customers.
G. 
Nothing herein shall prevent any person from making arrangements for the private collection, sale or donation of recyclable materials prior to placement at the roadside.
H. 
It shall be unlawful to haul or manage waste except by authorized collectors who are properly licensed pursuant to the terms of this article. That is, self-hauling and self-management of waste is hereby declared illegal.
[Added 11-6-2002 by L.L. No. 1-2002]
A. 
Penalties for violation of any provision of this article shall be as follows:
(1) 
A warning notification for the first violation.
(2) 
A fine of $25 for the second violation.
(3) 
A fine of $50 for the third violation.
(4) 
A fine of $100 for the fourth violation.
(5) 
A fine of $250 for the fifth violation.
B. 
In the event of succeeding and continuing violations, any person who shall be convicted of violating or failing to comply with the provisions of this Article shall be liable to a fine of $250 per day.
C. 
In addition to the financial penalties imposed above, all collectors of solid waste shall refuse to collect materials which are improperly separated and/or prepared.