A. 
The Village declares that the reduction of the amount of solid waste and the conservation of recyclable materials are important public concerns.
B. 
It is the policy of the Village Board to reduce the amount of solid waste generated, to reuse material for the purpose for which it was originally intended or recycle material that cannot be reused, to recover energy from solid waste that cannot economically or technically be reused or recycled and to ensure that only treatable solid waste is delivered to the permitted and approved disposal sites. The separation and collection of newspaper, glass, cans, plastic containers, yard waste and other materials for recycling from a residential premises, and these materials, together with office paper and cardboard from commercial, industrial and institutional establishments in the Village, will protect and enhance the Village's physical and visual environment as well as promote the health, safety and well-being of persons and property within the Village. By adoption of this article, the Village ensures conformance with the New York State Solid Waste Management Act of 1988 and facilitates the development and implementation of a solid waste management plan for the Village. The promotion and use of recyclable materials, goods produced from recyclable materials and goods which facilitate recycling will further serve the same purpose by encouraging and facilitating recycling.
The Village of East Rockaway finds that:
A. 
The Village has identified residential, multiresidential complexes and commercial recyclables to be separated from the waste stream.
B. 
Based on existing markets for alternate uses, the Village has identified newspapers, cardboard, glass bottles and jars, metal food and beverage containers, plastic food and household product containers, high-density polyethylene and polyethylene terephthalate containers, yard waste, metal objects and construction and demolition debris as reusable or recyclable products that must be separated from all Village solid waste. Cardboard and office paper have been additionally identified for commercial recycling.
C. 
All provisions of this article or regulations hereunder shall be consistent with standards established pursuant to the New York State Environmental Conservation Law.
D. 
Commercial establishments who elect not to participate in a curbside recycling collection program must collect and market their own recyclables.
E. 
By enacting this article VI, the Village Board confers upon the Superintendent of Public Works the power to adopt regulations which will implement this article.
As used in this article, the following words or phrases shall have the meanings annexed to each:
BULKY WASTE
Furniture (other than metal), mattresses, carpeting, heavy lumber, logs in excess of six inches in diameter weighing less than 75 pounds and measuring less than four feet in length and similar burnables. Tires and car batteries are excluded from collection.
CANS
Containers comprised of aluminum, tin, steel or a combination thereof which contain or formerly contained only food and/or beverage substances.
CARDBOARD
All corrugated cardboard normally used for packing, mailing, shipping or containerizing goods, merchandise or other material but shall not mean wax-coated or soiled cardboard.
CONSTRUCTION AND DEMOLITION DEBRIS
Bricks, concrete and other masonry materials, oil, rock, wood, wall coverings, plaster, drywall, plumbing fixtures, nonasbestos insulation, roofing shingles, asphaltic pavement, glass mirrors, windows, housewares, etc., electric wiring and components and metal that is incidental to any of the above.
ECONOMIC MARKETS FOR ALTERNATE USES
Those markets that exist when the full avoided costs of proper collection, transportation and disposal of source-separated materials are equal to or greater than the costs of collection, transportation and sale of said materials less the amount received from the sale of said materials.
GLASS
Includes all clear (flint), green and brown (amber) colored glass containers.
METAL RECYCLABLES
Includes but is not limited to major appliances, steel file cabinets, hot-water heaters, water storage tanks, steel doors and windows, water softeners, oil storage tanks, lawn mowers, snowblowers, bicycles, metal bedsprings, furnaces, metal furniture and small metal appliances, tools and utensils. Propane tanks are excluded from "metal recyclables" as defined herein.
MULTIRESIDENTIAL COMPLEX
Three or more residential units located on a single property or continuous properties under common ownership, control or management For this purpose, "residential unit" shall mean an enclosed space consisting of one or more rooms designated for use as a separate residence and shall include but not be limited to an apartment, condominium unit, townhouse cooperative unit, mobile home, living unit in a group home and room or set of rooms in a boardinghouse, but shall not include rooms within a single-family residence, motel or hotel.
NEWSPAPER
Includes newsprint and all newspaper and newspaper advertisements, supplements, comics and enclosures.
OFFICE PAPER
All high-grade office paper, fine paper, bond paper, xerographic paper, mimeo paper, duplication paper, school paper, junk mail and computer paper, but shall not mean newspaper, wax paper, plastic- or foil-coated paper, styrofoam wax-coated food and beverage containers, carbon paper, blueprint paper, food-contaminated paper, soiled paper and cardboard.
PLASTIC CONTAINERS
Containers composed of high-density polyethylene, polyethylene terephthalate or other specific plastics as the Superintendent may designate which contain or formerly contained only food and/or beverage and/or household substances.
RECYCLABLE MATERIAL
Includes newspapers, glass bottles and jars, metal food and beverage cans, plastic food and household product containers made from high-density polyethylene or polyethylene terephthalate plastics, yard waste and metal recyclables and shall further include office paper and cardboard generated from a commercial establishment. In addition to these materials, the Superintendent may determine a material to be "recyclable" for which there are economic markets for alternate uses.
RECYCLING CENTER
Any facility designated and operated solely for the receiving and storing of source-separated or post-separated designated recyclable materials.
SOURCE SEPARATE
To separate recyclable materials from the solid waste stream at the point of waste generation.
YARD WASTE
Grass clippings, leaves, bundles of twigs or branches, brush, tree trunks, logs and stumps, all up to six inches in diameter, natural holiday trees and wreaths and other general tree and yard or garden wastes.
The Superintendent of Public Works shall be solely responsible for the supervision and regulation of the collection of recyclable materials generated or located within the Village and shall establish from time to time such regulations as may be necessary. The Superintendent shall act pursuant to the standards established in this article.
A. 
There shall be mandatory source separation of newspapers, glass bottles and jars and metal food and beverage cans, plastic food and household product containers, yard wastes, metal recyclables and construction and demolition debris.
B. 
Methods of collection.
(1) 
The Department of Public Works shall provide a recycling container to each household located within the incorporated Village.
(2) 
It shall be the responsibility of all residents to separate recyclables from all residential solid waste and place them out for collection in accordance with the following procedures:
(a) 
Prior to placement for collection and removal, glass, metal and plastic containers shall have contents removed therefrom, be rinsed and caps removed and discarded.
(b) 
Glass, metal and plastic containers shall only be placed in the recycling container provided.
(c) 
Newspapers shall be either tied with string or placed in a paper bag and set at the curb on the established newspaper collection day.
(d) 
Metal recyclables other than can containers shall be separated from residential solid waste. An appointment for a special pickup date shall be arranged with the Department of Public Works when a suitable amount of material has been separated. Propane tanks will not be acceptable for collection.
(e) 
Contractor's construction and demolition debris must be removed and legally disposed of by the contractor. Handyman construction and demolition debris will be collected by special collection through special pickup arranged with the Department of Public Works.
(f) 
Yard waste must be separated from residential waste and placed at the curb for collection on the established yard waste collection day. Residents are permitted to leave grass clippings on the lawn. Commercial landscape gardeners must remove the products of their work from the premises but may leave mulched grass clippings on the lawn.
(3) 
The Superintendent of Public Works is empowered to designate the day of the week or scheduled date on which recyclables shall be collected.
In addition to the regulations for recycling at residential premises, the following regulations shall also apply to multiresidential complexes:
A. 
The Department of Public Works shall survey each multiresidential complex and determine the best method of storage, collection and removal of recyclables.
B. 
The Superintendent of Public Works shall be empowered to declare that, because of size, configuration or physical layout, a central storage area for collection must be established in the multiresidential complex at a location approved by the Superintendent.
C. 
The Superintendent may direct that large appropriately colored plastic containers or commercial-type containers be used for the storage and collection of recyclables. These containers shall be supplied by the owner and must be compatible with Department collection equipment.
D. 
Curbside collection will be required unless otherwise approved by the Superintendent.
E. 
The Superintendent is empowered to designate the day of the week or scheduled date on which recyclables shall be collected.
A. 
In addition to those materials required to be recycled in residential and multiresidential complexes, including newspapers, glass, cans, plastic containers, yard waste and metal recyclables, commercial establishments shall additionally be required to recycle cardboard and office paper where there exist economic markets for alternate uses for cardboard and office paper.
B. 
A commercial establishment may, upon written application to the Superintendent, request relief from the requirements of Subsection A. Upon receipt of such application, the Superintendent shall conduct a survey of such commercial establishment to determine if there is sufficient generation to warrant recycling of all identified recyclable materials and/or economic markets for alternate uses. If there is insufficient generation and/or insufficient economic market for alternate uses of a particular recyclable material, the Superintendent may issue an exemption.
C. 
Arrangements for collection of newspaper, glass, cans and plastic containers shall be made either with the Superintendent in accordance with Subsections D and E or private recycler in accordance with Subsection G.
D. 
The Superintendent is empowered to designate the day of the week or scheduled date on which recyclables shall be collected by the Department of Public Works.
E. 
The Superintendent may direct that large appropriately colored plastic containers be utilized for curbside collection of newspaper, glass, cans and plastic containers by the Department of Public Works.
F. 
The arrangement for collection of office paper and cardboard shall be the responsibility of the person who owns, manages or operates the commercial, industrial or institutional establishment at which these materials are generated (the "generator") or the person contractually obligated to the generator to arrange for collection and disposal of its solid waste. Said arrangements may include, without limitation, direct marketing of office paper and cardboard, recycling contracts with permitted solid waste collector/haulers for separate collection, contracts with other persons for separate collection of any or all office paper and cardboard recyclables or direct delivery to a recycling center.
G. 
Generators of recyclable material who use private carters or recyclers for collection and marketing of recyclable materials must be provided with sufficient containers by such private carters or recyclers to meet the requirements of this article.
H. 
Private carters or recyclers for commercial establishments shall provide written reports on a monthly basis to the Superintendent containing the following information: the identity of the recycler, the types of materials being recycled, the quantities of the various materials recycled and the markets for the various materials in order to provide updates and essential information to the Village.
Nothing in this article shall be construed as preventing any person from utilizing yard waste for compost, mulch or other agricultural, horticultural, gardening or landscaping purposes, subject to such use not creating a public nuisance due to odors, aesthetically unsightly appearance or other adverse effects on the neighboring environment.
A. 
A recycling collection permit application shall be made to the Department of Public Works in writing on the form prescribed by the Superintendent, which shall contain the following information:
(1) 
The name and address of the applicant, specifying, in the case of any unincorporated association, the names and addresses of each member thereof and, in the case of any corporation, the names and addresses of each officer and director thereof.
(2) 
If the applicant conducts business under a trade name or if the applicant is a partnership, the application for a license must be accompanied by a copy of the trade name or partnership certification duly certified by the Clerk of the county in whose office the certificate was filed.
(3) 
The age and citizenship of the applicant and each member thereof, if an unincorporated association, and each officer and director thereof, if a corporation.
(4) 
The experience of the applicant and each member thereof, if an unincorporated association, and each director and officer thereof, if a corporation, in the business of collection and disposal of refuse and similar material.
(5) 
The number of recyclable collection vehicles to be operated by the applicant and a description of each such vehicle, including the ownership of the vehicle, the make, year, model of chassis and body type, the cubic capacity or tare weight and color of vehicle, the current New York State registration number and the community or communities in which the vehicle will operate.
(6) 
The location of any and all terminals proposed to be used by the applicant for the storage of licensed vehicles and recyclables.
(7) 
The applicant's proposed pickup schedule for buildings to be serviced in the Village. Within 30 days of any changes in the pickup schedule, the same shall be reported, in writing, to the Superintendent.
(8) 
The name, address and telephone number, both day and night, of the applicant or the person in charge of the business.
(9) 
A listing of the present customers serviced.
(10) 
The hours and days each vehicle will operate within the Village.
(11) 
The Superintendent reserves the right to request additional information on the application for a permit which may be reasonable and necessary to properly process the permit application.
(12) 
The Superintendent shall examine said application for compliance with provisions of this article. The Superintendent shall act to approve or deny the application and shall notify the applicant, in writing, of the permit application decision.
B. 
A recycling collection permit shall be valid for a period of one year and renewable on an annual basis.
Upon the granting of a permit for the collection of recyclables, the person to whom such permit has been granted shall provide to the Superintendent written reports on a monthly basis containing the following information:
A. 
Gross tons of recyclables by type collected;
B. 
Locations of all commercial stops serviced during the particular month of each community recycled; and
C. 
The disposal location for recyclables collected.
[Amended 12-10-2018 by L.L. No. 2-2018; 4-8-2019 by L.L. No. 3-2019]
The fees to be charged under the provisions of this chapter shall be determined from time to time by resolution of the Board of Trustees.
A. 
There shall be a fee for each application for a permit for collection of recyclables pursuant to § 161-35. Such fee shall be nonrefundable.
B. 
There shall be a fee for any vehicle used in connection with a permit issued pursuant to § 161-35.
C. 
There shall be a fee for each vehicle used in connection with a permit issued pursuant to § 161-35 upon the renewal of such a permit.
D. 
There shall be a fee for each substitution of vehicle used in connection with a permit issued pursuant to § 161-35.
E. 
There shall be a fee for the processing of a lost permit.
F. 
Any vehicle licensed for the collection of solid waste in the Village shall require a separate and additional license if additionally utilized for the collection of recyclables.
It shall be unlawful for:
A. 
Any person, other than those authorized by the Village to collect any recyclable materials without first obtaining a recycling collection permit pursuant to § 161-35.
B. 
Any person to violate or to cause or assist in the violation of any provision of this article or any implementing rule or regulation promulgated by the Board of Trustees or the Superintendent of Public Works.
C. 
Any person to hinder, obstruct, prevent or interfere with the Department employees or any other authorized persons in the performance of any duty under this article or in the enforcement of this article.
D. 
Any person to collect solid waste from a residential premises and dispose of solid waste which consists of recyclable materials combined with other forms of solid waste.
E. 
Any person to place recyclable material in a container that is destined for collection by the Village as acceptable solid waste for delivery to a Town of Hempstead solid waste management facility.
F. 
Any person to place any materials that are unacceptable for treatment at a waste-to-energy facility into a container that contains acceptable solid waste and is destined for processing at said facility. This includes but is not limited to metals, construction and demolition debris, tires, bulky waste and hazardous waste.
A. 
The Superintendent shall have the authority to suspend or revoke any permit issued under this article in the following instances:
(1) 
Where the Superintendent determines that there has been any false statement or material misrepresentation contained in any part of the application upon which the permit was based; or
(2) 
Where the holder of a permit is insolvent or has made a general assignment for the benefit of creditors or has been adjudged bankrupt or a money judgment has been secured against him upon which an execution has been returned wholly or partly unsatisfied; or
(3) 
Where the Superintendent determines that the permit was issued in error and should not have been issued in accordance with the requirements of this article and/or other applicable law; and
(4) 
Where the holder of a permit has violated any provision of this article.
B. 
A permit suspended by the Superintendent may remain suspended for such period of time as the Superintendent deems reasonable up to and including 90 days. During the period that the permit is suspended, the holder thereof shall cease and desist from all activities permitted under the permit.
C. 
A written notice of suspension and/or a written notice of revocation of a permit shall be served upon the holder of the permit. Said notice shall be served personally or by certified mail, return receipt requested, addressed to such person's last known address; and, if by certified mail, a copy of the notice shall be posted on the permit holder's premises as stated in the permit application.
A. 
There hereby is constituted a Review Board which shall consist of the Mayor and Board of Trustees, the Superintendent of Public Works and the Village Clerk. The Mayor shall be Chairman of the Board.
B. 
The holder of any permit which has been suspended or revoked and any applicant who shall have been denied a permit under this article may apply for a review of the action of the Superintendent by the Review Board.
C. 
The application for review shall be in writing, signed and acknowledged by the applicant, and shall state the ground or grounds on which the applicant claims that the determination of the Superintendent was erroneous.
D. 
Said application shall be filed with the Review Board by the applicant within 20 days after notice of denial of the application or suspension or revocation of the permit by the Superintendent.
E. 
Upon the filing of the application, a hearing shall be held pursuant to the provisions hereof.
F. 
The Chairman shall give notice thereof stating the name and address of the applicant or permit holder concerned, the subject matter of the hearing and the date, place and time thereof designated therefor by mailing a copy thereof to the applicant or permit holder concerned at the address shown upon the most recent application of such applicant.
G. 
At the hearing, as hereinafter provided, the Review Board shall consider the applicant's application upon the record before the Superintendent in connection with the Superintendent's consideration therefor and, in its discretion, may receive new or additional evidence in support thereof or in opposition thereto.
H. 
The applicant or permit holder shall be entitled to be represented by legal counsel and to present such competent and material testimony or other evidence in its own behalf as may be relevant to the subject matter of the hearing.
I. 
All witnesses shall be sworn and examined under oath.
J. 
The Review Board, after the hearing, may affirm the action of the Superintendent or direct the Superintendent to issue a proper permit pursuant to this article.
A. 
Notice of violation.
(1) 
For a first offense against any provision of this article except § 161-38A, the Superintendent shall cause to be served a written notice of violation upon the person determined to be in violation and/or the owner, occupant or person having control of the premises upon which the violation exists to comply with the provisions of this article. Such person and/or owner, occupant or person having control of the premises shall have 15 days from the date of the written notice of violation to comply with the provisions of this article.
(2) 
The written notice of violation shall be by personal service or by certified mail, postage paid, return receipt requested, and addressed to such person's last known address; and, if by certified mail, a copy of the notice shall be posted on the permit holder's premises as stated in the application.
B. 
For a second offense against any provision of this article except § 161-38A, a civil penalty of $50 shall be imposed, and/or the Village of East Rockaway or any other authorized person collecting solid waste generated within the Village may refuse to collect solid waste from any person who has clearly failed to separate recyclable materials designated under § 161-31, 161-32 or 161-33.
C. 
For a third offense and any additional offenses committed thereafter against any provision of this article except for § 161-38A, a civil penalty of $100 shall be imposed for each offense, and/or the Village or any other person collecting solid waste generated within the Village may refuse to collect solid waste from any person who has clearly failed to separate recyclable material designated under § 161-31, 161-32 or 161-33.
D. 
For a first offense committed against § 161-38A, a civil penalty of no more than $250 shall be imposed.
E. 
For a second offense and any additional offenses committed against § 161-38A, a civil penalty of no more than $500 shall be imposed.
F. 
Each day of continued violation shall constitute a separate additional offense.
G. 
A civil penalty shall be served in the same manner as a notice of violation.
H. 
In addition to the penalties stated herein, any holder of a permit pursuant to § 161-35 may be subject to permit suspension or revocation pursuant to § 161-39.
I. 
In addition to the penalties provided herein, the Village of East Rockaway may commence an action or proceeding, including but not limited to the initiation of an injunctive action in a court of competent jurisdiction, to compel compliance with the provisions of this article.
If any clause, sentence, paragraph, subdivision, section or part of this article is adjudged invalid by a court of competent jurisdiction, the judgment shall not affect, impair or invalidate the remainder of this article but shall be confined in its operation to the clause, sentence, paragraph, section or part of this article that shall be directly involved in the controversy in which such judgment shall have been rendered.