[HISTORY: Adopted by the Town Board of the Town of Albion 9-9-1991 by L.L. No. 1-1991. Amendments noted where applicable.]
This chapter shall be known as the "Town of Albion Recycling Law."
The Town Board of the Town of Albion finds that reduction of waste materials in the solid waste stream and the conservation of recyclable materials are important public concerns. The separation and collection of newspaper, paper, cardboard, glass, cans, plastic containers, vegetative yard waste and other materials for recycling from the residential, commercial, industrial and institutional establishments in the Town will protect and enhance the Town's physical and visual environments, as well as promote the health, safety and well-being of persons and property within the Town by minimizing the potential adverse effects of landfilling through reduction of the need for landfills and conservation of existing landfill capacity, facilitating the implementation and operation of other forms of solid waste management, conserving natural resources, assisting the Town in complying with the mandates of the Environmental Conservation Law Solid Waste Management Plan, and facilitating the development and implementation of a solid waste management plan for the Town. The promotion and use of recyclable materials, goods produced from recyclable materials and goods which facilitate recycling will further serve the same purposes by encouraging and facilitating recycling.
Editor's Note: See ECL § 27-0701 et seq.
This chapter is adopted pursuant to § 10 of the Municipal Home Rule Law.
As used in this chapter, the following terms shall have the meanings indicated:
- All corrugated cardboard normally used for packing, mailing, shipping of containerizing goods, merchandise or other material, but shall not mean wax-coated or soiled cardboard.
- CODE ENFORCEMENT OFFICER
- That individual who is designated by the Town Supervisor to act on behalf of the Town of Albion in the enforcement of this chapter, the Town Board and/or the Town Attorney.
- Source-separated, nonputrescible, noncontaminated recyclable materials that have been placed in the same container.
- The New York State Department of Environmental Conservation.
- DESIGNATED RECYCLABLE MATERIALS or DESIGNATED RECYCLABLES
- Those recyclable materials designated by this chapter, and/or by resolution of the Town Board pursuant to this chapter, to be source-separated. The term includes, but is not limited to, newspaper, glass, paper, cardboard, cans, plastic containers and vegetative yard waste.
- DISPOSITION or DISPOSITION OF DESIGNATED RECYCLABLE MATERIALS
- The transportation, placement or arrangement for transportation or placement of designated recyclable materials for all possible end uses.
- Includes any putrescible wastes, except hazardous waste, sewage and/or sludge. Examples include animal, fish, fowl, fruit or vegetable produce grown, made or produced from or resulting from the growth, processing, use or storage of food for human consumption and which includes spoiled food and dead animals found within the Town of Albion.
- GARBAGE DISTRICT
- A refuse and garbage district within the Town, established, consolidated or extended under the Town Law of the State of New York, or such other laws governing the establishment of improvement districts, including any recycling and refuse improvement district.
- All clear (flint), green and brown (amber) colored glass containers, crystal, plate, window, laminated or mirrored glass, but shall not mean wired glass.
- HAZARDOUS MATERIAL or HAZARDOUS WASTE
- Those materials as currently defined as such in 6 NYCRR Part 371, and as it may be amended from time to time.
- MULTIRESIDENTIAL COMPLEXES
- Four 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 designed 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 newspapers and newspaper advertisements, supplements, comics and enclosures.
- All high-grade office paper, fine paper, bond paper, office paper, xerographic paper, mimeo paper, duplication paper, magazines, paperbacks, school paper, catalogs, junk mail, computer paper, telephone books and similar cellulocis material, 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.
- Includes any individual, partnership, corporation, unincorporated association, firm, club, society of persons and/or not-for-profit corporation. The singular designation of the male gender hereby includes the plural, feminine and neuter.
- PLASTIC CONTAINERS
- Containers composed of high-density polyethylenes, polythylene terephthalate or other specific plastics as the Town Board may designate.
- RADIOACTIVE WASTE
- Any nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923).
- RECYCLABLE MATERIAL
- A material which would otherwise become solid waste, which can be collected, separated and/or processed, treated, reclaimed, used or reused to produce a raw material or product.
- Any process by which materials, which would otherwise become solid waste, are collected, separated and/or processed, treated, reclaimed, used or reused to produce a raw material or product.
- RECYCLING COLLECTION AREA
- Any facility designed and operated solely for the receiving and storing of source-separated designated recyclable materials.
- Any person residing within the Town on a temporary or permanent basis, but excluding persons residing in hotels or motels. For purposes of this chapter, "resident" does not include commercial, industrial or institutional establishments, unless otherwise specified.
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, including but not limited to nonrecyclable paper, wrappings, cigarettes, wood, wire, glass, tires, bedding, furniture and similar materials which are not designated recyclable materials.
- SOLID WASTE
- Any discarded materials, substances or objects, including garbage, refuse, sludge and industrial or commercial waste, including, without limitation, any items defined as solid waste pursuant to 6 NYCRR Part 360-1 as currently embodied, or as it may from time to time be amended.
- To separate recyclable materials from the solid waste stream at the point of waste generation (i.e. at the residence of the resident).
- The Town of Albion located within the County of Orleans, State of New York.
- TOWN BOARD
- The Town Board of the Town of Albion.
- VEGETATIVE YARD WASTE
- Organic yard and garden waste, leaves, grass clippings and brush.
- WASTE HAULER
- Any transporter of garbage, refuse, hazardous waste or solid waste, who receives compensation or remuneration either directly, indirectly or by virtue of trade or barter, either licensed or unlicensed pursuant to the Town Code. This definition shall include those transporters of waste who are licensed pursuant to Article 27, Title 3, of the Environmental Conservation Law, and any business which transports waste for disposal at the landfill for its own account. It shall not include persons who are transporting materials generated by their own residential, noncommercial activities, or persons who are transporting material which is derived from their own agricultural enterprise.
Upon the effective date of this chapter, there is established within the Town outside of the village, or any existing garbage districts in the Town, a program ("curbside program") for separate collection of newspaper from all residents of the districts. Said curbside program shall apply to multiresidential complexes in accordance with § 84-7 of this chapter and to commercial, industrial and institutional establishments in accordance with § 84-9 of this chapter.
Collection of newspaper pursuant to the curbside program established by this section shall be made at least once each month. Collection shall occur in accordance with a schedule advertised by the Town.
The curbside program established pursuant to this section shall apply to any new garbage district in the Town immediately upon the formation of such district and shall also be applied to other geographic areas within the Town designated by resolution of the Town Board at all times 30 days after enactment of the resolution and publication of notices in a newspaper of general circulation within the Town.
Expansion of program.
The Town Board, by resolution, may expand the curbside program to include, in addition to newspaper, the collection in separate containers, bundles or packages, as appropriate, of one or more of the following designated recyclable materials:
Said expanded curbside program shall be established at all times 30 days after designation and publication of notice in an official newspaper of the Town or a newspaper of general circulation within the Town. Said expanded curbside program shall apply to multiresidential complexes in accordance with § 84-7 of this chapter and to commercial, industrial and institutional establishments in accordance with § 84-9 of this chapter.
Collection of designated recyclable materials added to the curbside program pursuant to Subsection D above shall be made as specified in the public notice. Collection shall occur in accordance with a schedule advertised by the Town.
All residents of the Town within the areas serviced by the curbside programs established pursuant to this section shall, upon the applicable effective date, source-separate newspaper and other designated recyclables and, in the manner designated by the Town Board pursuant to § 84-6 of this chapter and on the date specified for collection by the schedule published by the Town, place them at the side of the road fronting their residences or at such other location at or near the residence agreeable to the person who is collecting the material.
All waste haulers doing business in the Town of Albion are required to, at least once a month, collect source-separated recyclables as designated herein. Separated materials shall not be commingled with other solid waste.
Improperly separated recyclables, which would otherwise contaminate recyclable material, shall be left on the curbside, and the waste hauler shall report to the enforcement officer the name and address of the material, within one day, in writing.
All designated recyclables placed at the roadside, or other location, by residents for collection pursuant to § 84-5 of this chapter shall be prepared for collection in accordance with regulations promulgated by the Town Board.
In area designated by the Town Board subject to a curbside program established pursuant to § 84-5 of this chapter, there is also established a program ("private collection program") for the source separation, collection and delivery of newspaper and any other designated recyclable material included in the curbside program from all residents of multiresidential complexes.
The owner, manager or superintendent of every multiresidential complex subject to Subsection A above shall provide and maintain, in a neat and sanitary condition, recycling collection areas to receive newspaper and other designated recyclables included in the curbside program which are generated by residents of the complex. In cases where a condominium, cooperative, homeowners' or similar association exists, the association shall be responsible for provision and maintenance of the recycling collection areas. Said recycling collection areas shall be constructed and capable of receiving newspaper within 180 days of the establishment of the curbside program and any and all other designated recyclables as may be included in or added to the curbside program within 180 days of such inclusion or in addition to the curbside program.
Once the recycling collection area for a particular multiresidential complex has been constructed and is capable of receiving newspaper and other designated recyclables as may be included in or added to the curbside program, all residents of such complex shall source-separate such materials by placing them in the appropriate containers or areas within the collection area.
The owner, manager or superintendent of each multiresidential complex subject to Subsection A above shall arrange for the collection of recycling of newspaper and other designated recyclables from the recycling collection areas.
The number and design of the recycling collection areas required by this section for each multiresidential complex shall be consistent with the guidelines provided by the Town.
Designated recyclables required to be placed in recycling collection areas pursuant to § 84-7 of this chapter shall be prepared for collection in accordance with regulations promulgated by the Commissioner.
All commercial, industrial and institutional establishments within an area of the Town subject to a curbside program established pursuant to § 84-5 of this chapter shall source-separate and arrange for the collection for recycling of newspaper within 180 days of the establishment of the curbside program and any and all other designated recyclables as may be included in or added to such curbside program within 180 days of such inclusion in or addition to the curbside program.
Designated recyclables for the mandatory commercial, industrial and institutional source separation program may consist of the following materials:
High-grade paper, including but not limited to white letterhead paper, white bond paper, white typing paper, white copier paper, white notepad paper, white writing paper, white envelopes without glassine windows, other nonglossy white office paper without plastic, computer printout paper, computer tab cards and white onion skin paper.
Glass containers, plastic containers and cans generated by food and beverage service establishments.
Vegetative yard waste.
Other recyclable materials as designated by resolution of the Town Board at all times 30 days after said designation and publication of notice in an official newspaper of the Town or a newspaper of general circulation within the Town.
The arrangement for collection of designated recyclables for disposition hereunder shall be the responsibility of the person who owns, manages or operates the commercial, industrial or institutional establishment at which the recyclables are generated ("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 recyclables, contracts with permitted solid waste collector/haulers for separate collection of any or all designated recyclables, contracts with other recyclables or direct delivery to a designated processing facility.
Nothing in this chapter shall be construed as preventing any person from utilizing vegetative yard waste for compost, mulch or other agricultural, horticultural, silvicultural, gardening or landscaping purposes.
At such time as constructed and opened by the Town of Albion, Town residents may deliver to the Town Resource Collection Center, recyclables and one bag of solid waste per week for disposal.
Additional bags per week of solid waste may be disposed of at the cost to be determined by the Town Board.
No hazardous, toxic or radioactive waste, nor tires, shall be presented or proffered to the Town of disposal. The Town reserves the right to reject proffered waste if in its discretion receipt would create a possible breach of contract in the disposal of the waste or potentially cause a liability to be incurred by the Town by the receipt of the material.
It shall be unlawful for:
Any person, other than those persons so authorized, to collect any designated recyclable which has been placed at the roadside for collection or within a recycling collection area pursuant to this chapter.
Any person to violate or to cause or to assist in the violation of any provision of this chapter or any implementing rule or regulation promulgated of the Town.
Any person to place or to cause to be placed any material other than a designated recyclable in or contiguous to a recycling collection area.
Any person to hinder, obstruct, prevent or interfere with this Town, employees or any other authorized persons in the performance of any duty under this chapter or in the enforcement of this chapter.
All unlawful conduct set forth in this section shall constitute a Class A misdemeanor.
The Town or any other person or waste hauler collecting solid waste generated within this Town may refuse to collect solid waste from any person who has clearly failed to source separate recyclables designated under an applicable section of this chapter, and the Town may refuse to accept solid waste containing recyclables designated under an applicable section of this chapter at any solid waste disposal facility owned or operated by the Town.
Nothing contained in this chapter shall be construed to interfere with or in any way modify the provisions of any existing contract in force in the Town on the effective date of this chapter.
No renewal of any existing contract upon the expiration of the original term thereof and no new contract for the collection, transportation, processing or purchase of solid waste or recyclables shall be entered into after the effective date of this chapter unless renewal of such contract shall conform to the requirements of this chapter.
The Town Code Enforcement Officer, Town Board and/or Town Attorney is authorized to enforce the provisions of this chapter and to administer the recycling programs established herein.
The Town Board may adopt and promulgate, amend and repeal rules and regulations implementing this chapter in order to carry out and enforce the intent and purposes thereof.
Any person who engages in unlawful conduct as defined in this chapter may, upon conviction thereof in a proceeding before a court of competent jurisdiction, be sentenced to imprisonment for a term not to exceed one year or to a term of community service related to the purposes of this chapter or to pay a fine of not more than $1,000 and not less than $50, or any combination of the above penalties.
Each continuing day of violation of this chapter shall constitute a separate offense.
In addition to any other remedy provided in this chapter, the Town may institute a suit in equity where unlawful conduct exists as defined in this chapter for an injunction to restrain a violation of this chapter.
The penalties and remedies prescribed by this chapter shall be deemed concurrent. The existence or exercise of any remedy shall not prevent this Town from exercising any other remedy provided by this chapter or otherwise provided at law or equity.
Nothing contained in this chapter shall be deemed to diminish the obligation of any licensee to comply with other laws, rules and/or regulations heretofore and hereafter promulgated by the State of New York, DEC, Department of Transportation or other municipality of competent jurisdiction.