This Part 3 shall be known and may be cited as the "Recycling Law of
the Town of Hamburg."
This Part 3 is enacted pursuant to the authority granted under the New
York State Town Law, New York State General Municipal Law, New York State
Municipal Home Rule Law and New York State Environmental Conservation Law
regarding solid waste management.
It shall be the purpose of this Part 3 to encourage and facilitate the
maximum recycling practicable on the part of each and every person, household,
business and institution within the town. It shall further be the purpose
of this Part 3 to establish, implement and enforce minimum recycling-related
practices and procedures to be applicable to all waste generators and authorized
collectors within the town.
The following terms shall have the meanings set forth in this Part 3:
AUTHORIZED COLLECTOR
Any person or other legal entity which is licensed by the town for
the purpose of collecting recyclables from waste generators for delivery to
a recycling facility or market and/or collecting solid waste from waste generators
for disposal at a permitted solid waste facility.
COMPONENTS
Those materials which include paper, glass, metals, plastics, garden
and yard waste and may include other elements of solid waste.
CURBSIDE COLLECTION
The collection by the town, its authorized agent(s) or an authorized
collector of recyclables and/or solid waste placed at the curbside or other
designated locations.
DROPOFF CENTER
A private or publicly operated facility to which a person can deliver
recyclables for further processing and marketing.
ECONOMIC MARKETS
Those instances in which the full avoided costs of proper collection,
transportation and disposal of source-separated materials are equal to or
greater than the cost of collection, transportation and sale of said materials
less the amount received from the sale of said materials.
PERSON
Any individual, firm, partnership, company, institution, corporation,
association, joint venture, cooperative enterprise, trust, municipality, other
governmental agency or any other entity or any group of such persons which
is recognized by law as the subject of rights and duties. In any provisions
of this Part 3 prescribing a fine or penalty, the term "person" shall include
the officers, directors, partners, managers or persons in charge of a company,
corporation or other legal entity having officers, directors, partners, managers
or other persons in charge.
RECYCLABLES
Those materials, as the Town Board shall designate, able to be practically
separated from nonrecycled waste. Such materials may include but are not limited
to the following:
A.
Aluminum cans: empty all-aluminum beverage and food containers.
B.
Bimetallic cans: Empty food or beverage containers consisting of ferrous
sides and bottoms and an aluminum top.
C.
Corrugated: woodpulp-based material which is usually smooth on both
sides with a corrugated center, commonly used for boxes for packing, mailing,
shipping or containerized goods, merchandise or other material, but excluding
plastic, foam or wax-coated or soiled cardboard.
D.
Ferrous cans: empty steel or tin food or beverage containers.
E.
Glass containers: bottles and jars made of clear (flint), green or brown
(amber) glass. Expressly excluded are noncontainer glass, drinking glasses
and cups, window and mirror glass, blue glass, light bulbs and porcelain or
ceramic products.
F.
Magazines: magazines, glossy catalogs and other matter printed on glossy
or slick paper.
G.
Newspapers: common machine-finished paper made chiefly from wood pulp
and commonly referred to as "newsprint." Expressly excluded, however, are
newspapers which have been soiled or wet. Glossy-finished papers used for
newspaper inserts may also be excluded.
H.
Office paper: all bond, computer printout, stationery, duplicating and
other high-quality paper. Expressly excluded are papers with self carbons,
chemical transfer paper, carbon paper, windowed envelopes and glossy paper.
I.
Plastic containers: containers composed of high-density polyethylenes
(HDPE), polyethylene terephthalate (PET) or other specific plastics as the
Town Board may designate, i.e., No. 2 plastic.
SOLID WASTE
All putrescible and nonputrescible materials or substances discarded
or rejected as having served their original intended use or as being spent,
useless, worthless or in excess to the owner at the time of such discard or
rejection, including garbage, refuse, litter, rubbish, industrial waste, commercial
waste, sludges, ashes, contained gaseous material, incinerator residue, construction
and demolition debris, discarded automobiles and offal, but not including
designated recyclables, solid or dissolved matter in domestic sewage or substances,
materials in noncontainerized gaseous form or hazardous or toxic materials
or waste as defined by the Department of Environmental Conservation.
SOURCE SEPARATION
The separation and segregation of recyclables from the solid waste
stream into designated categories for recycling by the waste generator at
the point of generation.
TOWN
The Town of Hamburg, located within the County of Erie, State of
New York.
TOWN BOARD
The duly elected and constituted legislative body of the Town of
Hamburg.
WASTE GENERATOR
Any person or other legal entity which produces waste requiring off-site
disposal.
Any person may donate or sell recyclables to individuals or organizations
authorized or licensed by the Town Board in its recycling regulations. These
recyclables shall either be delivered to the individual's or organization's
site or placed at the curb for collection by said individual or organization
on days not indicated as recyclables collection days by the Town Board. Said
individuals or organizations shall not collect recyclables on or immediately
preceding [within 24 hours] a regularly scheduled curbside collection day
without written authorization from the Town Board.
The provisions of this Part 3 are severable. If any provision of this
Part 3 or its application to any person or circumstances is adjudged unconstitutional
or invalid, such judgment shall not affect any other provision or application
of this Part 3 which can be given effect without the invalid provision or
application of this Part 3.
This Part 3 shall take effect September 1, 1992, with enforcement procedures
to begin January 1, 1993.