[HISTORY: Adopted by the Town Board of the
Town of Coeymans 7-23-2020 by L.L. No. 10-2020[1]. Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 138,
Solid Waste, which consisted of Art. I, Removal; Recycling, adopted 7-28-1992 by L.L. No.
2-1992, and Art. II, Prohibition Against Waste Generated
Outside Town, adopted 3-13-1995 by L.L. No. 1-1995.
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:
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.
Refers to the microbial degradation or decomposition of organic
matter into a useful product.
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.
That person appointed by the Town Board to enforce this article
and other laws related to solid waste issues.
Any nonrecyclable kitchen and household waste and table cleanings.
Any residential structure where more than four unrelated
residents reside which includes shared kitchens and bathrooms.
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.
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.
Any residential structure with four or more units with individual
kitchens and bathrooms.
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.
Any building not used as a residence or multiple-family residence
and includes commercial establishments, social organizations, churches
and schools.
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.
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.
That person appointed by the Town Board to administer a town
operated Recycling/Transfer Center and to enforce the provisions of
this chapter.
Any residential structure with fewer than three units which
have separate kitchens and baths.
Not limited to car parts, cast iron and heavy metals. It
shall not include car bodies.
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."
Discarded vehicular tires and tire casings separated from
the rim.
The Town of Coeymans, its Town Board and its agents and representatives.
Any large, bulky household mechanism, including but not limited
to tin, refrigerators, washers, dryers, stoves and water heaters.
Leaves, grass clippings, twigs and branches, hedge trimmings,
and tree limbs under four inches in diameter.
A.
All residential, nonresidential and commercial waste
generators in the Town of Coeymans shall contract for waste removal
services with a private waste collector registered and permitted by
the Town or shall demonstrate to the Recycling/Transfer Center Coordinator
an appropriate, legal, alternative method of disposal. These waste
removal services shall include the separation of recyclables according
to instructions issued by the Town Recycling/Transfer Center Coordinator.
This list of instructions will be approved by the Town Board by resolution
and will take effect 30 days after the approval of the resolution
unless otherwise specified in the resolution.
B.
Collectors shall supply Town-approved recycling bins
to their residential customers.
C.
Containers for nonrecyclable materials or garbage
are not required to be clear or allow unobstructed view of contents.
Those which do not offer unobstructed view are, however, subject to
random content testing. .
A.
No person shall engage, on a regular basis, in the
business of collecting, transporting or disposing of solid waste and/or
the marketing of recyclables generated within the Town of Coeymans,
without a permit as required in this article.
B.
The following procedures shall be followed to obtain
a solid waste collection permit:
(1)
A permit application shall be made, in writing, on
a form prescribed by the Town Clerk accompanied by a fee. The Town
Board will set the permitting fee for solid waste collection by resolution.
Changes in the permitting fee shall take effect on the date that each
permit is due for filing or renewal.
(2)
The application shall contain the name of the applicant
or, if a partnership or corporation, the names of the partners, officers,
directors and all persons holding 25% or more of the outstanding shares
of said corporation, the address of the place of business and the
regular and emergency telephone numbers.
(3)
The application shall list the days of collection,
the number of collections and the areas served.
(4)
The Town Clerk shall review the application for completeness
and shall submit it to the Recycling Coordinator who will review it
and establish any terms and conditions required. Following the Recycling/Transfer
Center Coordinator's review and approval of the application, the Town
Clerk shall issue a permit to the collector.
C.
Upon violation of the collection conditions prescribed
by this article, the Recycling/Transfer Center Coordinator can recommend
revocation of the permit which requires the approval of the Town Board
prior to revocation.
D.
The effective term of the permit shall be determined
by the Town Board.
E.
Acceptance of the solid waste permit constitutes an
agreement to perform under the following conditions, where applicable
to the service provided by the permitted collector:
(1)
For all permitted collectors:
(a)
To provide regular scheduled collection service
to its contracted customers for refuse and/or recyclables.
(b)
To keep recyclables segregated for delivery
to a suitable, State Department of Environmental Conservation-recognized
materials recovery facility, or to markets approved by the Recycling/Transfer
Station Coordinator
A.
The Town or permittee may operate and maintain a "Recycling/Transfer
Center" pursuant to a duly authorized permit issued by the Town Board.
Additional drop-off points for permitted recyclables and other waste
items may be designated by resolution of the Town Board.
B.
The initial hours of operation for a Town-operated
Recycling/Transfer Center and a fee schedule for disposal of recyclables
and other waster items shall be adopted by resolution of the Town
Board. Oversight of a town operated Recycling/Transfer Center shall
be the responsibility of the Recycling/Transfer Center Coordinator.
C.
The Recycling/Transfer Center may only accept recyclables
and other waste items pursuant to the terms of a permit issued. The
Town Board shall have sole authority and discretion to determine the
types of recyclables and other waste items that may be permitted.
D.
The Recycling/Transfer Center Coordinator and/or designated inspectors will conduct random inspections of solid waste and recyclables left curbside. If these random inspections reveal recyclables mixed with solid waste, this will constitute a violation of this article and could result in penalties under the provisions of § 138-13 of this article.
A.
The following
procedures shall be followed to obtain a permit to operate a Recycling/Transfer
Center:
(1)
A
permit application shall be made, in writing, on a form prescribed
by the Town Board accompanied by a fee. A permit fee may be established
or amended by resolution of the Town Board. Changes in the permitting
fee shall take effect on the date that each permit is due for filing
or renewal.
(2)
The
application shall contain such information as may be required by the
Town Board, including but not limited to: the name of the applicant
or, if a partnership or corporation, the names of the partners, officers,
directors and all persons holding 25% or more of the outstanding shares
of said corporation; the address of the place of business and the
regular and emergency telephone numbers; proposed dates of operation;
the type and volume of recyclables or other items sought to be permitted;
site plan information; and any other pertinent information that may
be required.
(3)
The application shall be referred to the Planning Board for site plan review pursuant to Chapter 136. Upon completion of its review and after conducting a public hearing, the Planning Board shall refer the application back to the Town Board for consideration, together with any comments of the Planning Board or public. The Town Board shall bear sole and final authority to approve or deny the application, which determination shall be in its sole discretion of the Town Board. The Town Board shall make its determination within 62 days of the referral from the Planning Board or extend such time frame by consent of the applicant. The decision of the Town Board shall be filed in the office of the Town Clerk within five business days of the date such decision is rendered and a copy thereof shall be mailed to the applicant.
B.
No Recycling/Transfer
Center shall be operated within 10 miles of another such facility.
C.
The effective
term of the permit shall be determined by the Town Board.
A.
The Recycling/Transfer Center Coordinator shall issue
instructions on which materials are to be collected, the timetable
and how they shall be prepared.
B.
The Recycling/Transfer Center Coordinator shall work
with the owners or operators of nonresidential and commercial properties
to develop recycling plans which meet the community's goal of increasing
recycling in a manner which is as efficient for the property as possible.
A.
The owner of every multifamily residential complex
or group residence shall provide and maintain, in a neat and sanitary
condition, recycling collection areas to receive the recyclables generated
by the residents of the complex. This area will be approved by the
Recycling Coordinator and, if construction is required, the area will
conform to local codes.
B.
In cases where a condominium, cooperative, homeowner
or similar organization exists, the association shall be responsible
for the provision and maintenance of the recycling collection areas.
C.
All residents shall separate recyclables from the
waste stream and place them in the appropriate containers within the
collection areas, or curbside.
D.
The Recycling/Transfer Center Coordinator shall work
with the owners or operators of multiple-family and group residences
to develop recycling plans which meet the community's goal of increasing
recycling in a manner which is as efficient for the residence as possible.
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:
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.
A.
Any person, firm or corporation committing an offense
of this article shall be guilty of a violation and shall be subject
to a mandatory minimum fine not to exceed $1,000.
B.
In the event of a continuing offense of this article,
each day such offense shall continue shall be a separate violation
and subject to a separate penalty.
C.
The Town Attorney may also maintain an action or proceeding
in a court of competent jurisdiction to restrain any violations of
this article.
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.[1]
The enforcement of this article will be the
responsibility of the Town Police Department and Building Department.
