[Adopted 2-1-1993 by L.L. No. 2-1993]
It is in the public interest to encourage maximum
recycling and reduce the volume of Kent's solid waste stream by source
separation of recyclable materials. The purpose of this article is
therefore to ensure that all generators of solid waste in the Town
of Kent be provided with the opportunity to source-separate and dispose
of recyclables in conformance with § 27-0107 of the State
Environmental Conservation Law, § 120-aa of the General
Municipal Law as well as relevant Putnam County local laws.
As used in this article, the following terms
shall have the meanings indicated:
All or many of the different types of recyclables mixed together
within one bag, one container or one collection vehicle.
Refuse resulting from construction, remodeling, repair and
demolition of structures, road-building and land-clearing activities.
The collection of solid waste materials from private property.
The segment of the solid waste stream that is compostable
but is not recyclables.
Wastes harmful to the environment, to the collecting personnel
and/or to the solid waste generator, as defined by the New York State
Department of Environmental Conservation.
A dropoff facility where residents of Kent may bring their
solid waste. The Center is operated by the Kent Recycling Commission.
A citizens' committee appointed by the Town Board as indicated in Chapter 4, Departments and Agencies.
That part of the solid waste stream for which the Commission
and/or the county can find a cost-effective market.
That part of the solid waste stream which is not compostable
and is not recyclable.
Materials discharged or rejected as being spent, useless
or in excess to the owner and placed at curbside for collection, deposited
into the Town's recycling containers or discarded in any manner. It
includes recyclables, garbage and refuse, hazardous wastes and construction
and demolition debris.
Placement by the generator of recyclables in a container
separate and distinct from the container in which all other elements
of the solid waste stream are placed.
There are three methods of collecting solid
waste currently in use in the Town of Kent. Residents of Sanitary
District No. 1 have municipal curbside pickup. Residents outside District
No. 1 may choose between curbside pickup supplied by private carters
or the dropoff facility provided at the Kent Recycling Center.
A.
Residents who utilize the Kent Recycling Center for
the disposal of their solid waste shall separate therefrom all recyclables
before disposing of any garbage or refuse at the Center.
B.
Each category of recyclable material shall have its
separate container at the Recycling Center. Garbage will be accepted
in compliance with the Department of Environmental Conservation regulations
on rural transfer stations.
C.
Patrons of the Center must agree to pay an annual
fee plus a per-bag fee for garbage and refuse placed in the Center's
containers. The Center will also provide for the regular dropoff of
bulk items and roadside debris. In establishing its fees, the Commission
shall endeavor to make each service financially self-sufficient.
D.
In January of each year, the Chairman of the Kent
Recycling Committee shall provide to the Town Clerk the following
information: the name and address of each patron; the total tonnage
of solid waste (recyclables, garbage and refuse) collected by the
Center; as well as total income and costs.
The following officials have the authority to
issue orders to remedy a violation and appearance tickets in enforcement
of this article:
Residents, owners of commercial property or
other generators of solid waste who violate the terms of this article
shall be guilty of a violation, punishable as follows:
A.
By a fine of not less than $10 nor more than $25.
B.
For a second conviction, by a fine of not less than
$25 nor more than $50.
C.
For a third conviction, by a fine of not less than
$50 nor more than $100.
D.
For a fourth and each subsequent conviction, by a
fine of not less than $100 nor more than $250.
If any section, subsection, clause or phrase
of this article is held unconstitutional or invalid for any reason,
such decision shall not affect the remaining portions of this article.
All ordinances or parts of ordinances inconsistent
with this article are hereby repealed to the extent of such inconsistency.
