[HISTORY: Adopted by the Town Board of the Town of Marilla as indicated
in article histories. Amendments noted where applicable.]
[Adopted 4-4-1988 (Ch. 171, Art. I, of the 1999
Code)]
The purpose of this article is to promote and protect the environment
of Marilla, its natural features and vegetation, prevent ecological damage
and visual blight, protect the character and values of property, preserve
the public health and facilitate the collection and disposition of garbage,
rubbish and other waste materials.
No landfill, disposal area, public or private dump or transfer station
providing for the collection, resource recovery, transfer or disposition or
any combination thereof of garbage, ashes, rubbish, collision or demolition
materials, toxic or noxious substances, or other waste matter shall be operated
in the Town of Marilla.
The provisions of this article shall not apply to any landfill, disposal
area, dump, transfer station or related facility operated by the Town of Marilla
or pursuant to a contract with the Town Board as authorized by Subdivision
9 of § 198 of the Town Law.
Any person who shall use property for any purpose prohibited by this
article shall be guilty of a violation punishable by a fine of not exceeding
$250 or by imprisonment for not exceeding 15 days, or both, and by an additional
fine of not exceeding $25 for each day that such use is maintained in violation
of the provisions herein after written notice of such violation has been served
by or on behalf of the Town on such person. In addition, the Town of Marilla
may institute any proper action, suit or proceeding to prevent, restrain,
correct or abate any violation of this article or to compel or cause the removal
or discontinuance of any building, structure or activity maintained in violation
of the provisions of this article.
[Adopted 8-25-1992 by L.L. No. 3-1992
(Ch. 171, Art. II, of the 1999 Code)]
This article shall be known as the "Town of Marilla Mandatory Recycling
Law."
The Town Board of the Town of Marilla finds that the reduction of the
amount of solid waste and the conservation of recyclable materials are important
public concerns. The separation and collection of recyclable, reusable or
other components for which economic markets for alternate uses exist from
the residential, commercial, industrial and institutional establishments in
the Town will protect and enhance the Town's physical and visual environment
as well as promote the health, safety and well-being of persons and property
within the Town. Such program will reduce the need for landfills and conserve
existing landfill capacity, facilitate the implementation and operation of
other forms of solid waste management, conserve natural resources and ensure
compliance with the New York State Solid Waste Management Act. The promotion
and use of recyclable materials, goods produced from recycled materials and
goods which facilitate recycling will further serve the same purposes by encouraging
and facilitating recycling.
This article is adopted pursuant to § 10 of the Municipal
Home Rule Law of the State of New York.
As used in this article, the following definitions shall apply:
Containers comprised of aluminum, tin, steel or a combination thereof,
which contain or formerly contained only food and/or beverage substances.
Source-separated, nonputrescible, noncontaminated recyclable materials
that have been placed in the same container.
Those recyclable materials designated by this article, and/or by
resolution of the Town Board pursuant to this article, to be source-separated.
The transportation, placement or arrangement for transportation or
placement of designated recyclable materials for all possible end uses.
Putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food, but shall not mean animal feces.
All clear (flint), green and brown (amber) colored glass containers
and crystal, but shall not mean ceramics or plate, window, laminated, mirrored
or wired glass.
A solid waste or a combination of solid wastes which, because of
its quantity, concentration or physical, chemical or infectious characteristics,
may cause or significantly contribute to an increase in mortality or an increase
in serious irreversible or incapacitating reversible illness or pose a substantial
present or potential hazard to human health or the environment when improperly
treated, stored, transported, disposed of or otherwise managed. Such materials
or wastes shall include, but are not limited to, explosives, hazardous radioactive
materials, toxic substances and those substances which have been identified
as a hazardous waste pursuant to the above criteria on a list of hazardous
waste promulgated by the Department of Environmental Conservation of the State
of New York.
Includes newsprint and all newspapers and newspaper advertisements,
supplements and enclosures.
All high-grade office paper, fine paper, bond paper, xerographic
paper, magazines, paperback books, school paper and computer paper, but shall
not mean waxed paper or wax-coated food or beverage containers, plastic or
foil-coated paper, carbon paper, blueprint paper, food contaminated paper,
soiled paper or cardboard.
Any individual, firm, partnership, company, corporation, association,
joint venture, cooperative enterprise, trust, municipality, other governmental
agency or any other entity or any group of such persons which is recognized
by law as the subject of rights and duties. In any provision of this article
prescribing a fine, penalty or term of imprisonment, the term "person" shall
include the officers, directors, partners, managers or persons in charge of
a company, corporation or other legal entity having officers, directors, partners,
managers or other persons in charge.
Containers composed of high-density polyethylenes, polyethylene terephthalate
or other specific plastics as the Town Board may designate which contain or
formerly contained food and/or beverage substances.
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.
Any facility designed and operated solely for the receiving and storing
of source-separated designated recyclable material.
Nonputrescible solid wastes consisting of both combustible and noncombustible
wastes, including but not limited to nonrecyclable paper, wrappings, cigarettes,
wood, wires, glass, bedding, furniture and similar materials which are not
designed recyclable materials.
All putrescible and nonputrescible materials or substances discarded
or rejected as having served their original intended use or as being spent,
useless, worthless or in excess to the owner at the time of such discard or
rejection, including garbage, refuse, litter, rubbish, industrial waste, commercial
waste, sludges, ashes, contained gaseous material, incinerator residue and
construction and demolition debris, but not including designated recyclable
materials, solid or dissolved matter in domestic sewage or substances, materials
in noncontainerized gaseous form or hazardous materials or waste.
To separate recyclable materials from the solid waste stream at the
point of waste generation.
The Town of Marilla, located within the County of Erie, State of
New York.
The Town Board of the Town of Marilla.
Organic yard and garden waste, leaves, grass clippings and brush.
A.
The program established within the Town for curbside
collection of solid waste and recyclable material existing as of the effective
date of this article shall be continued. Collection of such solid waste and
recyclable material shall be made once each week in accordance with a schedule
advertised by the Town.
B.
The Town Board, by resolution or local law, may expand
the curbside program to include, in addition to solid waste, newspaper and
glass, the collection in separate containers, bundles or packages, as appropriate,
of one or more of the following designated recyclable materials:
All residents of the Town shall, upon the effective date of this article,
source-separate newspaper, glass and other designated recyclables from the
solid waste and, in the manner designated by the Sanitation Superintendent
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 Town.
A.
All residential, commercial, industrial and institutional
establishments in the Town which utilize private collection of solid waste
shall source-separate and arrange for the collection and disposition of all
recyclable material. The arrangement for collection of designated recyclables
for disposition hereunder shall be the responsibility of the person who owns,
manages or operates the residential, commercial, industrial or institutional
establishment at which the recyclables are generated, or the person contractually
obligated to the generator to arrange for collection and disposal of its solid
waste. Said arrangement may include, without limitation, direct marketing
of recyclables, contracts with permitted solid waste collector/haulers for
separate collection of any or all designated recyclables or direct delivery
to a designated processing facility.
B.
It shall be the duty of any solid waste collector/hauler
who is engaged in the private collection of solid waste from any residential,
commercial, industrial or institutional establishment located within the Town
of Marilla to account, at such times as directed by the Town Board, to the
Sanitation Superintendent for the amount of recyclable material and rubbish
collected by such solid waste collector/hauler.
All residents of the Town shall, upon the effective date of this article
and in the manner designated by the Sanitation Superintendent and during the
times specified as being open for collection by the schedule published by
the Town, source-separate waste oil and, to the extent not disposed of on
their own property, vegetative yard waste by placing them in the appropriate
containers or areas located at the recycling collection area established by
the Town.
Nothing in this article shall be construed as preventing any person
from utilizing vegetative yard waste for compost, mulch or other agricultural,
horticultural, silvicultural, gardening or landscaping purposes.
The Sanitation Superintendent and the Code Enforcement Officer are hereby
severally authorized to enforce the provisions of this article and to administer
the recycling program established herein.
A.
It shall be unlawful for:
(1)
Any person other than those persons authorized to collect
any designated recyclable which has been placed at the roadside for collection
or within a recycling collection area pursuant to this article.
(2)
Any person to violate or cause to assist in the violation
of any provision of this article.
(3)
Any person to place or cause to be placed any material
other than a designated recyclable in or near a recycling collection area.
(4)
Any person to hinder, obstruct, prevent or interfere
with this Town, its employees or any other authorized persons in the performance
of any duty under this article or in the enforcement of this article.
B.
Any unlawful conduct set forth in this section shall
constitute a violation.
The Town or any other person 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 article, and the Town may refuse to accept solid waste containing
recyclables designated under an applicable section of this article at any
solid waste disposal facility owned or operated by the Town.
A.
Nothing contained in this article 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 article.
B.
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
by any person after the effective date of this article unless renewal of such
contract shall conform to the requirements of this article.
Any person, firm, company, corporation, partnership, limited liability company or other entity who engages in unlawful conduct as set forth in any provision of this Article II, Recycling, other than a violation of § 372-15, upon conviction thereof in a proceeding before a court of competent jurisdiction, shall be sentenced to a fine of not more than $100 for a first offense, a fine of not more than $100 and not less than $25 for the second offense and a fine of not more than $100 and not less than $50 for the third and any subsequent offense, or any combination of the above penalties. Each continuing day of violation of this article shall constitute a separate offense.
In addition to any other remedy provided in this article, the Town may
institute a suit in equity where unlawful conduct exists as defined in this
article for an injunction to restrain a violation of this article. The penalties
and remedies prescribed by this article shall be deemed concurrent. The existence
or exercise of any remedy shall not prevent the Town from exercising any other
remedy provided by this article or otherwise provided.
The terms and provisions of this article are to be liberally construed
so as to best achieve and effectuate the goals and purposes hereof.
