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.
As used in this article, the following words
or phrases shall have the meanings annexed to each:
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.
Containers comprised of aluminum, tin, steel or a combination
thereof which contain or formerly contained only food and/or beverage
substances.
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.
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.
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.
Includes all clear (flint), green and brown (amber) colored
glass containers.
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.
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.
Includes newsprint and all newspaper and newspaper advertisements,
supplements, comics and enclosures.
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.
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.
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.
Any facility designated and operated solely for the receiving
and storing of source-separated or post-separated designated recyclable
materials.
To separate recyclable materials from the solid waste stream
at the point of waste generation.
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.
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:
[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.
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.
