[Adopted 10-19-1992 by L.L. No. 7-1992]
A.
Whereas the conservation of recyclable materials is
now a necessity in order to conserve natural resources, and the cost
of solid waste disposal is increasing, and available residue disposal
landfill facilities are rapidly decreasing, it is the intention of
the Village of Rockville Centre to establish a program for the mandatory
separation of recyclables from solid waste within the Village. Such
a program will reduce both the amount of solid waste to be disposed
of and the ultimate cost of disposal.
B.
This article of the Code of the Village of Rockville
Centre shall regulate the separation of recyclables by the residents
of the Village in accordance with the New York State Solid Waste Management
Plan.
As used in this article, the following terms
shall have the meanings indicated:
Discarded material which may be reclaimed, comprising solid
waste in the form of paper, glass, metal and plastic, and which may
be further defined as follows:
PAPER:
Clean and unsoiled paper, including:
Newsprint, all newspapers and newspaper advertisements
(nonglossy), supplements (nonglossy), comics and enclosures (nonglossy).
Corrugated boxes, cardboard, cardboard cartons,
pasteboard and similar corrugated and kraft paper materials, provided
that they are free of foreign matter and refuse.
Computer and white paper material.
"Paper" recyclables do not include miscellaneous
stationery products such as windowed envelopes or any paper products
other than those listed.
GLASSClear (flint), amber, brown and green glass food or beverage containers rinsed clean of food or beverage residue. "Glass" which is excluded from the recycling program consists of the following: mirrors, china and ceramic material.
METALFerrous and bimetal cans with one end removed; or aluminum cans, including beverage cans and cans used to contain food stuff rinsed clean of food residue. "Metals" which are excluded from recyclables consist of lawn chairs, screen frames, air conditioners, dryers, refrigerators, hot-water tanks, stoves and other white goods which are collected as bulk on the designated day.
PLASTIC:
A.
There is hereby established within the Village a program
("curbside program") for the separate collection of paper, glass,
metal and plastic from all non-physically-disabled residents of the
municipality located within said area and from all other persons,
including commercial or institutional establishments within said area,
whose solid waste is collected by or on behalf of the Village of Rockville
Centre. Said curbside program may or may not apply to any apartment
complex or condominium complex. The Superintendent of Public Works
shall determine, based on facility size, if curbside collection is
feasible for an individual apartment complex or condominium complex.
B.
Collections of recyclable materials pursuant to this
article shall be upon the days established by the Superintendent of
Public Works.
C.
All residents of the Village of Rockville Centre within
the area serviced by the curbside program established pursuant to
this article shall source-separate all designated recyclables and
place them at the side of the road fronting their residence in the
manner designated and on the date specified for collection on the
schedule published by the Village.
A.
It shall be the responsibility of each homeowner or
occupant of the Village to ensure that all recyclable materials are
properly separated from other discarded materials and are cleaned
or otherwise prepared for collection in accordance with this article.
All recyclable materials shall be placed in the designated recyclable
container provided for that purpose by the Village. In the event that
the amount or size of the recyclable materials exceeds the capacity
of the designated containers, then the excess recyclable materials
shall be placed in a separate container and placed alongside the designated
container when placed at the curb for collection.
B.
Paper recyclables may be tied in bundles not to exceed
35 pounds in weight nor exceeding one foot in thickness prior to collection,
removal or disposal of same. Bundles of newspaper shall be placed
at the curb for collection on the designated collection day. Papers
are not to be secured with wire or plastic bindings or placed in plastic
trash bags. Corrugated boxes, cardboard, cardboard cartons, pasteboard
and similar paper materials are to be broken down and tied securely
in bundles not to exceed 35 pounds. The material shall be placed at
the curb for collection on the designated paper collection day.
C.
Glass shall be placed in the recycling containers
for collection. The glass bottles and jars must be rinsed clean of
food or liquid residue and placed in the container without any caps.
D.
Metal:
E.
Plastic. Plastic bottles and containers used to hold
beverage and other household goods must be rinsed clean to remove
residues, and caps must be removed. Plastics shall be handled as directed
by the Superintendent of Public Works.
F.
It shall be unlawful for any person to collect, remove
or dispose of solid waste which consists of recyclables combined with
other forms of solid waste after the date set by the Village Board
for mandatory recycling.
G.
From the time recyclables are placed at the curb by
any resident, ownership of such materials set out for collection shall
thereupon vest in the Village of Rockville Centre. It shall be unlawful
for a person to collect, remove or dispose of recyclables which are
the property of the Village. Each such collection in violation hereof
from one or more residences shall constitute a separate and distinct
offense.
H.
The Superintendent of Public Works is empowered to
designate the date of the week on which recyclables shall be collected
or removed and the manner of disposal from a particular area.
I.
No person having custody or control of residential
premises within the Village of Rockville Centre shall permit or cause
any garbage, rubbish or other refuse, including recyclables, within
their control, to become a hazard or potential hazard to public travel,
health or safety or to become a nuisance of any sort.
J.
The Village Board of Trustees or its duly authorized
representative shall be permitted to promulgate such other rules and
regulations as may be deemed necessary to effectuate the intent of
this article.
A.
Containers for the purpose of separating and placing
recyclable materials for collection will be provided by the Village
to residents. Such containers will remain the property of the Village
and must be kept in good and clean condition by such residents. Recycling
containers are not to be used for any purpose other than as described
in this section. In the event that such containers are lost, damaged
or stolen, additional containers shall be available from the Department
of Public Works.
B.
Each homeowner or occupant may obtain an additional
recycling container at no charge from the Village upon a showing of
need. Additional requests may be granted at the discretion of the
Superintendent of Public Works. Advance arrangements must be made
for all additional recycling containers.
C.
In the event that the Village Board of Trustees or
the Superintendent of Public Works finds that additional measures
are necessary in order for such recyclable materials to be marketable,
he shall have the power to require that homeowners or occupants within
the Village undertake such measures, provided that reasonable advance
notice is given to such homeowners or occupants.
The Superintendent of Public Works is hereby
authorized to establish collection schedules, dropoff schedules and
routes for the collection of recyclable materials and to cause reasonable
notice of requirements thereof to be given to the residents of the
recycling areas.
Notwithstanding any other provisions of this
article, used motor oil shall only be disposed of by delivery to a
service station which is required under state law to accept such material
or through other facilities authorized by law to accept such material.
A.
It shall be unlawful for:
(1)
Any person, other than those persons lawfully authorized,
to collect any designated recyclables or scavenge or remove any articles
from any recyclable container which has been placed at the roadside
for collection or at a dropoff point.
(2)
Any person to violate or to cause to assist in the
published violation of any provision of this article or any rules
and regulations promulgated by the Village of Rockville Centre pursuant
to this article.
(3)
Any person to place or to cause to be placed any material
other than designated recyclables in or near a recycling dropoff point.
(4)
Any person to hinder, to obstruct, to prevent or to
interfere with the Village of Rockville Centre or any other authorized
persons in the performance of any duty under this article or in the
enforcement of this article.
(5)
Recyclables to be placed at the roadside more than
one hour before sunset on the day prior to the regularly scheduled
collection or to have empty recycling containers remain at the roadside
later than 6:00 p.m. on the day of collection.
A.
In the event that an owner or occupant of a dwelling
within the Village fails to separate and prepare recyclable materials
for collection in accordance with the provisions of this article after
being given reasonable notice of these requirements, collection of
all solid waste from such dwelling will be suspended until such time
as the owner or occupant can demonstrate compliance with the provisions
of this article. Such compliance can be demonstrated by placing properly
separated and prepared recyclable materials for collection on the
next scheduled collection date for such recyclable materials.
B.
In addition to the provisions of Subsection A above, any person violating this article or any provision or section thereof shall be guilty of a violation. Each day that such violation exists shall constitute a separate offense. Such an offense shall be punishable by a fine and/or imprisonment in accordance with the following schedule:
(1)
For a first conviction, by a fine not to exceed $100.
(2)
For a second conviction within one year, by a fine
not to exceed $250.
(3)
For a third conviction within one year, by a fine
not to exceed $500.
(4)
For a fourth conviction within one year, by a fine
of not less than $1,000 nor more than $2,500.
It shall be the duty of the Superintendent of
Public Works, the Department of Public Works Sanitation General Supervisor,
the Code Enforcement Officers, police officers and other authorized
officials to administer the provisions of this article.
The Board of Trustees, by resolution, may exclude
from time to time the separation and recycling of any materials set
forth in this article. The Board of Trustees, by resolution, may exclude
various classes of property from participation in and compliance with
this article. The Board of Trustees, by resolution, may delay the
requirement of segregating various materials. The Board of Trustees,
by resolution, may expand the list of recyclable materials as required
to comply with the Town of Hempstead and state requirements.