[HISTORY: Adopted by the Town Board of the Town of Concord 8-10-1992
by L.L. No. 1-1992. Amendments noted where applicable.]
GENERAL REFERENCES
Refuse disposal — See Ch. 111.
This chapter shall be known as the "Mandatory Recycling Law" of the
Town of Concord.
A.
The reduction, reuse and recycling of solid waste are
important public concerns and will aid in the protection and preservation
of the environment.
B.
The Solid Waste Management Act of 1988 mandates passage
of a source-separation ordinance or law to be passed by each local municipality
within New York State by September 1, 1992, to require that solid waste which
has been left for collection or which is delivered by the generator of such
waste to a solid waste management facility shall be separated into recyclable,
reusable or other components for which economic markets for alternate uses
exist.
C.
The Town of Concord establishes mandatory recycling within
this municipality, effective on September 1, 1992.
As used in this chapter, the following terms shall have the meanings
indicated:
A person, individual, partnership or corporation or employer or agent
thereof authorized by contract or license with the municipality to collect
solid waste from residential, commercial and institutional properties, as
herein defined, under the terms and conditions of this chapter.
Large items such as sofas, upholstered chairs, mattresses and box
springs, but excluding large appliances (white goods) such as refrigerators,
stoves, dishwashers, washers, dryers, etc., which are considered recyclable.
The person, firm, agency or public body or employee or agent thereof
who or which is engaged in the collection and/or transportation of solid waste.
All properties used for industrial or commercial purposes, including
but not limited to retail and wholesale establishments, apartments with four
or more units, trailer courts, offices, garages, gas stations, manufacturing
and repair establishments, banks, motels, restaurants and other similar and
related facilities.
A can, bin, box, bag or other unit used for storage of recyclable
materials.
Any solid waste management-resource recovery facility employed beyond
the initial solid waste collection process which is to be used, occupied or
employed for or is incidental to the receiving, transporting, storage or processing
or disposal of solid waste or the recovery by any means of any material or
energy product or resource therefrom, including recycling centers, transfer
stations, processing systems, resource recovery facilities, sanitary landfills,
plants and facilities for composting or landspreading of solid wastes, secure
land burial facilities, reprocessing and recycling facilities, surface impoundments
and waste oil storage, incinerators and other solid waste disposal, reduction
or conversion facilities.
Solid waste that is especially harmful or potentially harmful to
public health. This shall include, but not be limited to, explosives, toxic
materials and medical waste. For purposes of this chapter, "hazardous waste"
does not include small quantities of such waste available on a retail basis
to the homeowner (e.g., aerosol cans, pesticides, fertilizers, etc.).
An organization or establishment devoted to the promotion of a particular
object or cause, including schools, nursing homes and retirement homes, health
facilities, governmental facilities, libraries, fire halls, etc.
All putrescible and nonputrescible materials, including garbage,
refuse and other discarded solid materials, including but not limited to solid
waste materials resulting from industrial, commercial and agricultural operations
and from community activities. Liquids, semisolids and contained gaseous materials
are hereby defined as "solid waste." It shall not include solids or dissolved
material in domestic sewage or other significant pollutants in water resources,
such as silt, dissolved or suspended solids in industrial wastewater effluents,
dissolved materials in irrigation return flows or other common water pollutants.
In addition, it shall not include hazardous waste.
Any individual, firm, partnership, association, corporation, institution
or other entity.
A person, firm, corporation or legal entity providing for the collection
of MSW and/or recyclable materials. To operate in the Town of Concord, the
private collector shall be required to obtain a license from the Town and
shall be subject to the rules and regulations of the Town.
The collection of MSW and recyclable materials where the resident
contracts directly with the private collector of the subscriber's choice.
Those materials specified by the municipality for separate collection
in accordance with recycling regulations. The below materials will be reviewed
quarterly and will be modified as the need arises by the Town of Concord Consulting
Engineer or other designated person. Such materials may include, but are not
limited to:
ALUMINUMAluminum products and containers fabricated primarily of aluminum and commonly used for soda, beer, beverages or other food or drink.
METAL CANSContainers fabricated primarily of steel and tin or bimetal cans of steel, tin and/or aluminum, but not including aluminum cans.
GLASS FOOD AND BEVERAGE CONTAINERSNew and used glass food and beverage containers which have been rinsed and are free of food contamination, including clear (flint), green and brown (amber) colored glass bottles and jars. "Glass" shall not include ceramics, plate glass, auto glass, pyrex, leaded glass, mirrored glass or flat glass.
PLASTIC FOOD AND BEVERAGE CONTAINERSIncludes high-density polyethylene (HDPE) and polyethylene terephthalate (PET), designated respectively as No. 2 and No. 1 on the recycling code located on the containers.
NEWSPRINTCommon, inexpensive machine-finished paper made chiefly from woodpulp and used for newspapers.
CORRUGATEDWoodpulp-based material which is usually smooth on both sides with a corrugated center, commonly used for boxes, and excluding material with a wax coating.
HIGH-GRADE PAPERWhite and colored office bond, duplicating paper, computer paper and other high-quality paper.
MAGAZINESMagazines, glossy catalogs and other glossy paper.
LARGE APPLIANCESStoves, refrigerators, dishwashers, dryers, washing machines, water heaters and other large appliances and scrap metal, but excluding air conditioners, microwaves and televisions.
The separation, collection, processing, recovery and sale or reuse
of metals, glass, paper, plastics and other materials which would otherwise
be disposed of as solid waste.
Any person residing within the Town of Concord on a temporary or
permanent basis, but excluding persons residing in hotels or motels.
Properties used as dwellings, including buildings having up to four
dwelling units in one building. Multiple-dwelling residential buildings containing
more than four dwelling units, for purposes of this chapter, shall be treated
as commercial properties.
The purposeful, systematic control of the storage, collection, transportation,
processing and disposal of solid waste.
To separate the recyclable materials from the MSW stream at the point
of waste generation.
Any person or legal entity who or which produces waste requiring
off-site disposal.
Organic yard and garden waste, leaves, grass clippings and brush.
A.
No person shall permit any municipal solid waste to accumulate
for a period of longer than seven days upon property owned or occupied by
said person in the municipality.
B.
Owners and occupiers of residential property are hereby
required to make accumulated municipal solid waste available for collection
as scheduled under the terms hereof.
D.
All municipal solid waste accumulated on any residential
property in the municipality shall be collected, conveyed and disposed of
by a licensed private collector under private subscription and in accordance
with the provisions of this chapter.
E.
All municipal solid waste accumulated on commercial and
institutional properties shall be collected, conveyed and disposed of by authorized
collectors licensed by the Town of Concord. In such a case where a commercial
or institutional establishment contracts directly with a collector, the fee
or payment shall be a matter of private agreement between the owners or occupiers
and the collector. When approved by the municipality, owners of nonresidential
properties may collect, convey and dispose of privately generated municipal
solid waste by their own containers and/or trucks, provided that they comply
with the provisions of this chapter applicable thereto and New York State
Department of Environmental Conservation regulations.
F.
It shall be unlawful for any person to collect and dispose
of any municipal solid waste within the Town of Concord except as provided
in this chapter.
A.
Municipal solid waste generated or originated within
the Town of Concord which has been left for collection or which is delivered
by the generator of such waste to a facility shall be handled in the following
manner:
(1)
Prior to initial collection or transport, source separation
shall be required of each and every person or party discarding municipal solid
waste and/or recyclable materials.
(2)
Recyclable materials shall not be commingled with other
solid waste during collection, transportation or storage following collection.
B.
Collectors collecting residential, commercial and/or
institutional MSW generated within the Town of Concord shall refuse to collect
MSW from any person or party who or which has clearly failed to source-separate
the recyclable materials and/or who or which has not properly prepared the
recyclable materials to the specifications of the collector. A written explanation
shall be provided to the person or party of the reason for the refusal of
collection of the materials by the collector.
A.
Only authorized collectors who are acting under authority
of the Town of Concord shall collect, pick up, remove or cause to be collected,
picked up or removed any solid waste recyclable materials so placed for collection;
each such unauthorized collection, pickup or removal shall constitute a separate
violation of this chapter; provided, however, that where the authorized collector
has refused to collect certain recyclable materials because they have not
been separated, placed or treated in accord with the provisions of this chapter,
the person responsible for initially placing those materials for collection
may and shall remove those materials from any curb, sidewalk or street side.
B.
Nothing herein shall prevent any person from making arrangements
for the private collection, sale or donation of recyclable materials prior
to placement at the curbside.
A.
All authorized collectors must obtain a solid waste collection
license from the Town of Concord. A fee for such license shall be set by the
governing body on an annual basis, and all licenses shall be issued for the
calendar year or such portion thereof. There shall be no reduction in the
fee for a license issued after the beginning of any calendar year.[1]
B.
An authorized collector sticker shall be prominently
displayed on each vehicle operated by or on behalf of the authorized collector.
C.
Authorized collector applications may be denied if the
applicant or licensee has been adjudged or administratively determined to
have committed one or more violations of this chapter during the preceding
calendar year.
D.
All authorized collectors licensed by the Town of Concord
shall indemnify and hold harmless the Town of Concord for any pending, threatened
or actual claims, liability or expenses arising from waste disposal by the
authorized collector in violation of this chapter.
E.
Authorized collectors shall offer collection services
for all recyclable materials to all residential customers for whom they provide
MSW collection services at the same times and on the same days as services
are provided to their customers for solid waste collection.
F.
Each collector who shall apply for a license under this
section shall state the manner of collection and the place and method of disposal
of the MSW and recyclable materials from the collector's residential,
commercial, industrial and institutional customers. Each collector shall maintain
separate monthly records of solid waste and recyclable materials collected,
transported or disposed of by the authorized collector which include the following
information:
(1)
The municipality or geographical area and number of units
in which the solid waste or recyclable material was generated.
(2)
The quantity, by ton, of solid waste and of each type
of recyclable material collected.
(3)
The quantity, by ton, of recycled material delivered
to a recycling facility(ies) and the location of the recycling facility(ies).
(4)
The quantity, by ton, of solid waste delivered to each
facility.
G.
Reports containing the information required as stated
above shall be compiled and delivered to the Town Clerk or other designated
individual for each reporting period as designated by the regulations, but
which shall be no more frequently than quarterly.
H.
Authorized collectors shall not accept for collection
MSW which has not been source-separated in conformity with this chapter.
A.
When the Code Enforcement Officer determines that a failure
to comply with this chapter may have occurred, she/he shall recommend to the
municipality that the authorized collector application or the license be denied,
suspended or revoked or its holder subjected to a reprimand or fine or that
the generator or originator of the solid waste or recyclable materials be
subject to sanctions, fines or penalties as described herein. Notice and an
opportunity to be heard shall be provided prior to the denial, suspension
or revocation of a solid waste license or authorized collector permit or the
issuance of a sanction, fine or penalty.[1]
B.
Notice.
(1)
The Code Enforcement Officer shall notify the affected
generator, applicant or licensee of the alleged failure in writing. The notice
shall include the following:[2]
(2)
The notice shall be personally served or sent by registered
mail to the generator's, applicant's or licensee's last known
address at least 10 days before the hearing date, with a copy to the administrator.
C.
Hearing.
(1)
Hearings shall be held before the Town Justice within
a reasonable period, which shall be at least 10 days after service of notice.
(2)
The generator, applicant or licensee may be represented
by counsel at the hearing and may offer evidence and cross-examine witnesses.
(3)
Within 20 days after the close of the hearing, the Town
of Concord Justice shall:
(a)
Determine whether the alleged failure to comply with
this chapter has occurred; and
(b)
If the Town Justice determines that such a failure has
occurred, decide whether the generator or applicant shall be subject to fine
or penalty, the application shall be denied or an existing solid waste license
or authorized collector status shall be suspended or revoked or its holder
subjected to a reprimand and issue an order carrying out this decision.
A.
All portions of vehicles and containers used to haul,
transport or dispose of recyclable materials, including such containers placed
outside residences, shall be subject to inspection to ascertain compliance
with this chapter by any police officer, peace officer, code officer and any
other public official designated by the Town of Concord.
B.
Police officers, peace officers, code officers and the
specified public servants are hereby authorized and directed to issue appearance
tickets for violations of this chapter.
During any 12 consecutive months, a person engaged in the business of
collecting MSW and/or recyclable materials or rendering solid waste and/or
recycling services who is not authorized by the Town of Concord or who collects,
picks up, removes or causes to be collected, picked up or removed MSW or recyclable
materials in a manner not in compliance with this chapter shall be guilty
of a violation, punishable by a fine of not less than $200 and not exceeding
the sum of $1,000 or by imprisonment for a term not exceeding 15 days, or
both. Each day that such violation occurs or continues shall constitute a
separate offense.[1]
