The purpose of this article is to promote and
protect the public health and welfare of the citizens of the Town
of Coeymans by regulating the collection and disposal of solid waste;
to reduce the amount of solid waste which the Town must dispose of;
to eliminate disposal of solid waste at sites which are not authorized
by the Town; to recover recyclable materials and deliver them to markets;
to offer alternative refuse disposal and recycling options; to reduce
littering; and to encourage participation by the whole community in
addressing the solid waste problem through a simple, equitable fee
system based on actual solid waste quantities generated.
This article is enacted under the authority
granted the Town of Coeymans in § 120-aa of the General
Municipal Law, § 136 of the Town Law, § 10 of
Municipal Home Rule Law and through the requirements of the New York
State Solid Waste Management Act of 1988.
As used in this article, unless otherwise expressly
stated, the following terms shall have the meanings indicated:
COLLECTOR
Any sole proprietorship, firm, partnership, corporation or
other entity registered and permitted by the Town of Coeymans to carry
on the business of collecting, transporting, disposing of solid waste,
and marketing of recyclables, both residential and nonresidential,
generated within the Town of Coeymans according to the provisions
listed herein.
COMPOSTING
Refers to the microbial degradation or decomposition of organic
matter into a useful product.
CONSTRUCTION DEBRIS
Discarded general building materials and refuse matter resulting
from the erection, repair or demolition of buildings, structures or
other improvements of property excluding materials defined as hazardous
waste.
GARBAGE
Any nonrecyclable kitchen and household waste and table cleanings.
GROUP RESIDENCE
Any residential structure where more than four unrelated
residents reside which includes shared kitchens and bathrooms.
HAZARDOUS WASTE
A waste defined in § 27-0901 of the Environmental
Conservation Law of the State of New York as the same may be amended
from time to time.
LARGE HOUSEHOLD FURNISHINGS
Any other large, bulky article actually used in the home
and which equip it for living, including but not limited to chairs,
sofas, tables, beds and carpets.
NONRECYCLABLE WASTE
Items not listed as collectible by the Recycling Coordinator,
including but not limited to rags, sweepings, rubber, leather, crockery,
electrical wiring, shells, dirt, filth, ashes and similar waste materials.
NONRESIDENCE
Any building not used as a residence or multiple-family residence
and includes commercial establishments, social organizations, churches
and schools.
RECYCLABLES
Those waste items designated by the Recycling Coordinator
as being marketable, and currently including but not limited to clean
plastic and glass food containers, metal food cans, dry discarded
newspapers, magazines, cardboard and flat paper.
RECYCLING/TRANSFER CENTER
A site or sites designated and permitted by the Town Board
and operated by the Town of Coeymans or designated permittee for the
purposes of collecting recyclables, nonrecyclable waste, construction
debris, scrap iron, tires, white goods, yard waste and other permitted
waste so that they can be shipped to various recycling markets, processing
centers, and waste disposal sites. Hazardous wastes are not permitted.
RESIDENCE
Any residential structure with fewer than three units which
have separate kitchens and baths.
SCRAP IRON
Not limited to car parts, cast iron and heavy metals. It
shall not include car bodies.
SOLID WASTE
A waste defined by § 27-0701 of the Environmental
Conservation Law of the State of New York as the same may be amended
from time to time. Hereinafter referred to as "waste."
TIRES
Discarded vehicular tires and tire casings separated from
the rim.
TOWN
The Town of Coeymans, its Town Board and its agents and representatives.
WHITE GOODS
Any large, bulky household mechanism, including but not limited
to tin, refrigerators, washers, dryers, stoves and water heaters.
YARD WASTE
Leaves, grass clippings, twigs and branches, hedge trimmings,
and tree limbs under four inches in diameter.
All recyclables offered for collection, either
curbside or at the Recycling/Transfer Center, shall be clean and free
of food particles and shall be kept dry.
It is unlawful to place a hazardous substance
out for collection at curbside.
It is unlawful to dispose of any material by
dropping or willfully dumping such material in a manner inconsistent
with the intent of this article and at a site not authorized by this
article.
It is the intent of this article to encourage
recycling and safe disposal of solid waste in the Town of Coeymans.
Unless otherwise stated, those who violate the provisions of this
article will face these penalties:
A. Any person, individual, firm, corporation or partnership
who fails to comply with the provisions of this article other than
those provisions pertaining to the payment of charges for services
established herein, shall be guilty of a violation and shall be notified
of this violation by a written summons issued by the Recycling/Transfer
Center Coordinator and/or designated inspector and delivered by certified
mail. A first violation of this article shall be subject to a written
warning. A second violation shall be subject to a written warning.
Upon the third, the Recycling/Transfer Center Coordinator will refer
the case to the Town Court. Anyone found guilty of such violations
shall be fined $50. Upon the fourth and subsequent violations, the
Recycling/Transfer Station Coordinator will refer the case to the
Town Court. Anyone found guilty of such violations will be fined up
to $250 and/or 30 days in jail. The violator will have one week to
redress each violation. If, after that week, the Recycling/Transfer
Center Coordinator discovers that a violation still exists, it shall
be considered a separate offense. Additionally, persons found in violation
of any section of this article shall be liable and responsible to
the Town for any and all damage caused by the violation and any expense
to the Town incurred to inspect and investigate any such violation.
B. Any person who knowingly makes any false statements,
representation, record, report, plan or other documentation filed
with the Town or who falsifies, tampers with or knowingly renders
inaccurate any monitoring device or method required under this article
shall be punished by $250 and/or 90 days in jail.
All provisions of any other local law or ordinance
which are inconsistent with the provisions of this article are hereby
repealed, except that part of Chapter 109, Landfills, which prohibits
the importation of solid waste into the Town of Coeymans.
A clean, wholesome, attractive environment is
declared to be of importance to the health, safety and welfare of
the residents of the Town of Coeymans ("Town"). It is further declared
that the importation of solid waste generated within the State of
New York and outside the Town to any site within the Town that is
not a permitted Recycling/Transfer Center is a hazard to such health,
safety and welfare, necessitating the elimination thereof.
As used in this article, the following terms
shall have the meanings indicated:
SOLID WASTE
All putrescible and nonputrescible materials or substances
discarded or rejected as being spent, useless, worthless or in excess
to the owners at the time of such discard or rejection, including
but not limited to garbage, refuse, industrial and commercial waste,
sludges from air or water control facilities, rubbish, ashes, contained
gaseous material, incinerator residue, demolition and construction
debris, discarded automobiles and offal.
The importation of solid waste generated outside
the Town to any site within the Town that is not a permitted Recycling/Transfer
Center is hereby prohibited. Said prohibition shall apply only to
solid waste generated within the State of New York.
All provisions of any other local law and/or
ordinance which are inconsistent with this article are hereby repealed;
provided, however, that this article shall in no way repeal, modify
or otherwise alter Local Law No. 1 of 1976 and Local Law 1 of 1982.
The enforcement of this article will be the
responsibility of the Town Police Department and Building Department.