[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:
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.
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.
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.
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.
Any process by which materials which would otherwise become
solid waste are collected, separated and/or processed, treated, reclaimed,
used or reused.
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:
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.
