This article shall be known as the "Source Separation Law of the Village of Akron."
[Adopted 8-3-1992 by L.L. No. 2-1992]
The purpose of this article is to comply with the Solid Waste Management Act of 1988 by requiring that solid waste which has been left for collection or which is delivered by the generator of such waste to a solid waste management facility shall be separated into recyclable, reusable or other components for which economic markets for alternative uses exist.
When used in this article, unless otherwise required by the context, or unless a contrary intent is expressly declared in the provision to be construed, the words, phrases or clauses hereafter shall be construed as follows:
A person who is authorized to collect municipal solid waste within the Village, either pursuant to a contract with the Village or pursuant to a contract with the owner or occupant of the premises on which such waste is generated.
Any solid waste management-resource recovery facility employed beyond the initial solid waste collection process which is to be used, occupied or employed for or is incidental to the receiving, transporting, storage or processing or disposal of solid waste or the recovery by any means of any material or energy product or resource therefrom, including recycling centers, transfer stations, processing systems, resource recovery facilities, sanitary landfills, plants and facilities for composting or landspreading of solid wastes, secure land burial facilities, reprocessing and recycling facilities, surface impoundments and waste oil storage, incinerators and other solid waste disposal, reduction or conversion facilities.
Solid waste that is especially harmful or potentially harmful to public health. This shall include, but not be limited to, explosives, toxic materials and medical waste. For purposes of this article, hazardous waste does not include small quantities of such waste available on a retail basis to the homeowner (e.g., aerosol cans, pesticides, fertilizers, etc.).
All putrescible and nonputrescible materials, including garbage, refuse and other discarded solid materials, including but not limited to solid waste materials resulting from industrial, commercial and agricultural operations and from community activities. Liquids, semi-solids and contained gaseous materials are hereby defined as solid waste. It shall not include solids or dissolved material in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial wastewater effluents, dissolved materials in irrigation return flows or other common water pollutants. In addition, it shall not include hazardous waste.
Any individual, firm, partnership, association, corporation, institution or other entity.
Newspapers, magazines, phone books, catalogs, bound books, junk mail, brown paper bags, corrugated cardboard, shoe boxes, cereal boxes (waxed paper or foil removed), milk cartons, juice cartons (plastic spouts removed), glass jars and bottles (any color), plastic containers (No. 1 and No. 2), aluminum pie tins and metal cans, clean and free from food, debris and other contamination.
[Amended 8-3-1992; 7-8-1996; 11-3-1997]
Any person residing within the Village on a temporary or permanent basis, but excluding persons residing in hotels or motels.
To separate the recyclable materials from the municipal solid waste stream at the point of waste generation.
The Village of Akron.
Organic yard and garden waste, leaves, grass clippings and brush.
A.
Owners and occupiers of real property within the Village are hereby required to source-separate in accordance with the provisions of this article.
B.
All municipal solid waste accumulated on any such property shall be collected, conveyed and disposed of only by an authorized collector or the generator of such waste and in accordance with the provisions of this article.
C.
Municipal solid waste generated or originated within the Village of Akron which has been left for collection or which is delivered by the generator of such waste to a facility shall be handled in the following manner:
(1)
Prior to initial collection or transport, source separation shall be required of each and every person discarding municipal solid waste. Recyclable materials shall not be commingled with other solid waste during collection, transportation or storage following collection.
(2)
Authorized collectors collecting municipal solid waste generated within the Village shall refuse to collect municipal solid waste from any person who has clearly failed to source-separate the recyclable materials and/or who has not properly prepared the recyclable materials to the specifications of the collector. A written explanation shall be provided to the person for the reason of the refusal for collection of the materials by the collector.
D.
Nothing herein shall prevent any person from making arrangements for the private collection, sale or donation of recyclable materials prior to placement at the curbside.
E.
Any resident may bring yard waste to the Village-owned and -operated yard waste facility.
A.
Definition of recyclable materials. The Village Board of Trustees may by regulation add materials to and delete materials from the list of recyclable materials set forth in § 131-14 hereof.
B.
Recyclable materials left for collection. The Village Board may adopt regulations relating to the manner in which recyclable materials are source-separated, prepared and delivered for collection.
C.
Publication. Any regulation adopted in accordance with this section shall take effect 10 days following publication of notice of said regulation in a paper of general circulation within the Village.
A.
Inspections and appearance tickets. All portions of vehicles and containers used to haul, transport or dispose of recyclable materials, including such containers placed outside residences, shall be subject to inspection to ascertain compliance with this article by any police officer, peace officer, code officer and any other public official designated by the Board of Trustees of the Village of Akron. Police officers, peace officers, code officers and the specified public servants are hereby authorized and directed to issue appearance tickets for violations of this article.
B.
Penalties.
(1)
During any 12 consecutive months, any person who collects, picks up, removes or causes to be collected, picked up or removed municipal solid waste or recyclable materials in a manner not in compliance with this article shall be guilty of a violation, punishable by a fine of not more than $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.
[Amended 9-21-1998 by L.L. No. 7-1998]
(2)
Failure of a waste generator to comply with the provisions in this article designated as violations shall be punishable as follows:
(a)
For the first conviction: a written warning clearly stating the nature of the violation and a schedule of fines for future convictions.
(b)
For the second conviction within a twelve-month period: a fine of not less than $40 nor more than $75.
(c)
For the third conviction within such twelve-month period: a fine of not less than $75 nor more than $125.
(d)
For the fourth and each subsequent conviction within such twelve-month period: a fine of not less than $125 nor more than $275.
C.
Any penalties or damages recovered or imposed under this article are in addition to any other remedies available at law or equity.
D.
No penalties, fines, civil sanctions or other enforcement actions will be commenced prior to January 1, 1993, in order to permit persons regulated hereunder to come into compliance with this article.