[HISTORY: Adopted by the Town Board of the
Town of Shelter Island 9-20-1991 by L.L. No. 8-1991.[1]Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 84.
A.
The Town Board of the Town of Shelter Island finds
that the management of garbage, rubbish and refuse within the Town
of Shelter Island, including the conservation of recyclable materials,
is necessary both to protect the natural resources of the Town and
to minimize the cost of solid waste disposal and to ensure the commercial
collection of waste is done in accordance with the New York State
laws.
[Amended 5-30-2014 by L.L. No. 4-2014]
B.
It is the intent of this chapter to establish a program
for the management and regulation of garbage, rubbish and refuse,
including the mandatory separation of recyclables from such garbage,
rubbish and refuse. Such a program will reduce the amount of solid
waste disposed of, remove toxic materials from the waste stream and
minimize the overall costs associated with solid waste disposal.
As used in this chapter, the following terms
shall have the meanings indicated:
Any person operating a place of business within the Town
who has agreed to issue Town garbage bags on behalf of the Town and
to pay the necessary fees therefor.
[Amended 6-11-1992 by L.L. No. 3-1992]
Any person or company who transports recyclables or nonrecyclable
household waste within the Town of Shelter Island for compensation
for more than 50 customers.
[Added 5-30-2014 by L.L. No. 4-2014]
The permit issued by the Town to commercial haulers as a
condition of operation in the Town of Shelter Island.
[Added 5-30-2014 by L.L. No. 4-2014]
Materials, including but not limited to dock piles, planks,
concrete products, siding, roofing, flooring, bricks, masonry material
and other waste resulting from the construction, remodeling, repair
and demolition of structures.
A fee charged to an individual or company who either intentionally
or unintentionally is identified as having placed contaminates in
the MSW, vegetative waste, C&D, or recyclables areas.
[Added 5-30-2014 by L.L. No. 4-2014]
Hazardous chemical wastes found in homes, including but not
limited to adhesives, alcohol, antifreeze, brake fluid, charcoal lighter
fluid, cleaning solvents, degreasers, fertilizers, gasoline, herbicides,
kerosene, paints, paint removers, paint thinners, pesticides, petroleum-based
solvents, photographic chemicals and supplies, plant and insect spray,
pool chemicals, solvents, spot removers, stains and varnishes, wood
preservatives and unknown/unlabeled containers.
The deposit by any person of garbage, rubbish, refuse or
waste in any public place within the Town of Shelter Island, including
its inland waters, other than in containers designated for that purpose.
Materials, including but not limited to tree limbs, tree
and brush stumps, and other waste resulting from land clearing.
The end product of solid waste remaining after the extraction
of recyclable materials, household hazardous waste, construction and
demolition debris and land-clearing debris. "Nonrecyclable household
waste" results primarily from the handling, preparation and storage
of food and includes but is not limited to putrescible solid waste
such as animal and vegetable waste.
An individual, association, partnership or corporation.
Discarded materials which may be reclaimed from the solid
waste stream and which are defined as follows:
Batteries, including household and automotive.
Cans consisting of rinsed-clean containers,
with or without labels, comprised of aluminum, tin, steel or a combination
thereof, which contain or formerly contained only food and/or beverage
substances. "Cans" shall not mean oil, paint, pesticide or aerosol
cans.
Clothing which is reusable.
Corrugated cardboard which is free of contaminants
such as garbage, plastic and other foreign matter.
Glass consisting of clear, amber and green glass
food and/or beverage containers, rinsed clean with no caps. "Glass"
shall not mean wired glass, crystal, ceramics, plate, window, laminated
or mirrored glass or light bulbs.
Motor oil from vehicles, lawn mowers and the
like that is not contaminated with antifreeze.
Newspapers consisting of unsoiled newsprint.
Plastics consisting of all food, beverage or
household containers, such as soda, detergent, bleach, milk, juice,
shampoo and cooking-oil bottles, rinsed clean. "Plastics" shall not
mean caps, appliances, plastic with metal parts, six-pack rings, biodegradable
bags, disposable diapers, medical supplies, pens, razors, flower pots
or bags, fiberglass, waxed cardboard containers, vinyl or Styrofoam.
Tires.
Discarded solid, liquid, semisolid or contained gaseous material
which is considered the end product of an extraction, production or
consumption process and for which there is no perceived further use.
A distinctively labeled, transparent plastic bag of such
size and design as shall be determined by the Town Board, to be used
for the disposal of nonrecyclable household waste.
Organic yard and garden waste, leaves, grass clippings and
wood chips.
A.
All recyclable and reusable materials generated within
the Town of Shelter Island for which an economic market exists shall
be source separated from all other materials and shall not be mixed
with other forms of solid waste.
[Amended 4-28-2000 by L.L. No. 1-2000]
B.
Recyclables shall be placed only at designated areas
within the Town disposal area or other designated sites within the
Town.
C.
Household hazardous waste, as defined herein, shall
be accepted at the household hazardous waste containment facility
at times to be determined by resolution of the Town Board.
D.
Vegetative yard waste, as defined herein, shall be
accepted only at the area of the Town disposal area designated for
such material.
E.
No person shall deposit garbage, rubbish, refuse or
waste outside the gates of the disposal area or in any streets, highways,
sidewalks, inland waters or public places within the Town of Shelter
Island, unless containers for that purpose have been provided and
designated.
F.
No garbage, brush, lawn clippings, trash, rubbish,
debris or other material that does not have its origin within the
Town of Shelter Island shall be deposited or disposed of in the Town
disposal area.
G.
The Town Board shall from time to time promulgate
such other rules or regulations as may be deemed necessary to effectuate
the intent of this chapter.
A.
Nonrecyclable household waste shall be deposited only
at designated areas within the Town disposal area.
B.
No person shall:
[Amended 8-7-1992 by L.L. No. 5-1992; 8-28-1992 by L.L. No.
6-1992; 1-31-2003 by L.L. No. 2-2003]
(1)
Dispose of nonrecyclable household waste except in
a Town garbage bag as defined herein, except for:
(a)
Users bringing in large or unbaggable waste, who shall
pay a fee based on weight as established by resolution of the Town
Board; and
(b)
Customers of a commercial hauling business having
a contract with the Town of Shelter Island, in which case the hauler
shall pay the Town a designated fee per ton brought to the disposal
area, as set forth in the contract; and
(c)
Not-for-profit organizations who have signed an agreement
with the Town to pay the designated bag fee, or its equivalent, for
nonrecyclable waste deposited in the disposal area.
(2)
Duplicate or imitate a Town garbage bag.
(3)
Give, sell or issue in any manner a duplicated or
imitated Town garbage bag.
C.
Town garbage bags shall be available at designated
areas in the Town or through an authorized agent.
D.
E.
The size and design of the Town garbage bag shall
be determined by resolution of the Town Board.
[Added 5-30-2014 by L.L. No. 4-2014]
A.
Any commercial hauler who operates within the Town of Shelter Island
is required to obtain and maintain a valid issued Town permit in order
to collect or dispose of solid waste or otherwise conduct business
within the Town of Shelter Island.
B.
In order to maintain a commercial hauler permit, a commercial hauler
must:
(1)
Provide the Town with an annual report on the waste picked up in
the Town of Shelter Island, including disposal, on a form established
by the Town Board.
(2)
Collect and keep nonrecyclable household waste separate from recyclables
and not combine these materials at any time in the same container,
truck, can, hopper, etc., used for transporting said waste for disposal.
(3)
Refuse to haul solid waste which is not source separated.
C.
Commercial haulers who accept solid waste that is not source separated
shall be in violation of this statute and subject to criminal penalties.
D.
The commercial hauler permit may be suspended by the Commissioner
of Public Works for up to two weeks for the first violation of any
section of this chapter, up to a month for the second violation, and
is subject to revocation for the fourth or more violations. A suspension
may be appealed to the Town Board whose determination shall be final.
A.
The fee for the disposal of construction and demolition
debris, as defined in this chapter, shall be determined by resolution
of the Town Board.
B.
The fee for the disposal of land-clearing debris,
as defined in this chapter, shall be determined by resolution of the
Town Board.
C.
The fee for each Town garbage bag shall be determined
by resolution of the Town Board.
D.
The Town Board may from time to time establish, by
resolution, the fees for disposal of materials in the landfill area,
other than nonrecyclable household waste.
[Added 4-24-1992 by L.L. No. 2-1992[1]]
E.
Fees collected pursuant to this chapter shall be placed
in a fund dedicated to covering costs of solid waste disposal.
F.
Notwithstanding any of the provisions hereof, the
Town Board may, by resolution, change, modify or repeal any of the
fees set forth herein.
G.
The fee for the commercial hauler permit shall be determined by resolution
of the Town Board.
[Added 5-30-2014 by L.L. No. 4-2014]
A.
A person convicted of illegal dumping shall be guilty
of a violation, which is punishable as follows:
B.
A person convicted of a recycling offense or any other
offense against this chapter other than an offense of illegal dumping
shall be subject to a civil penalty of up to $250 and/or community
service of 10 hours. Such civil penalty shall be collectible by and
in the name of the Town for each day that such offense shall continue.
C.
An administrative contamination fee may be charged to an individual
or commercial user who has been found to have dumped solid waste in
the wrong location of the recycling center.
[Added 5-30-2014 by L.L. No. 4-2014]
D.
A commercial hauler permit may be suspended or revoked for permittees
who have repeatedly incurred contamination fees.
[Added 5-30-2014 by L.L. No. 4-2014]
The invalidity of any section or provision of
this chapter shall not invalidate any other section or provision thereof.
The regulations contained in this chapter shall
become effective on October 15, 1991.
