A.
It is the goal of the Town of Berne to facilitate
the disposal of solid waste generated within the Town in an economical
and environmentally accepted manner and to reduce the total per capita
amount of solid waste disposed of in the Town, in conformance with
the New York State Solid Waste Management Plan, so that landfill space
is saved, waste disposal problems are reduced, and precious natural
resources are conserved.
B.
It is the purpose of this article to establish a source
separation and recyclables collection program within the Town to reach
the goal of the most feasible reuse and recycling of the Town's waste
stream considering costs, per capita generation, marketability of
recyclables, and public involvement.
C.
Recycling is a challenge to our residents, one to
be learned and improved upon. Education, participation and cooperation
are the elements of a successful recycling program, which shall be
accomplished by a working partnership between the Town and its residents
for the long-lasting benefit of all.
For purposes of this article those terms defined in § 164-1 of this chapter shall have the meanings indicated therein unless a different meaning or context is set forth or required in this article. The following additional terms shall have the meanings indicated:
Household batteries for flashlights, watches, toys, penlights,
calculators, hearing aids, etc.
A cell or group of cells which provides electric current,
such as automobile batteries.
That segment of the solid waste stream which, under controlled
conditions, can be biologically decomposed into a humus product that
may be used as a soil amendment or mulch.[1]
All corrugated cardboard normally used for packing, mailing,
shipping or containerizing goods. This excludes paperboard cardboard
and all items which have been coated with wax, plastic, foil or styrofoam.
All cardboard used in packaging of foods, personal care and
clothing items, such as cereal or shoe boxes. This excludes corrugated
cardboard and all items which have been coated with wax, plastic,
foil or styrofoam.
Textiles woven of natural or synthetic fibers, and the garments
made of these materials.
Controlled biological decomposition of organic waste materials
into a humus product that may be used as a soil amendment or mulch.
Clear, green and amber (brown) glass jars, bottles and containers
with lids, caps and closures removed.
Booklets or stapled catalogs made of slick and/or glossy
paper. This excludes bound catalogs and telephone books.
Tin, aluminum or other ferrous or nonferrous or composite
cans and containers.
Any petroleum-based lubricant used in internal combustion
engines.
Newsprint and all newspapers and newspaper advertisements,
supplements, comics and enclosures.
All bond paper, including computer paper, stationery, photocopy
and ledger-free commercial waste paper, junk mail, school paper, or
other paper as designated by the Town Board; shall not include soiled
paper or cardboard, wax paper, plastic or foil-coated paper, styrofoam,
wax-coated food and beverage containers, carbon paper, or blueprint
paper.
Containers composed of high-density polyethylene, polyethylene
terephthalate or other plastics as designated by the Town Board.
Those materials specified by the Town, or the State of New
York, by law, ordinance, rule or regulation, which are to be separated
from the waste stream and held for reuse or which have, or may have
in the future, market or other value. These materials shall include,
but not be limited to, glass containers, plastic containers, corrugated
cardboard, paperboard cardboard, newspapers, metal cans, paper, magazines,
cloth and clothing, telephone books, vehicle tires and casings, batteries,
white goods, brown goods and scrap metal, and biodegradable materials
as herein defined.
Uncontaminated and oil-free ferrous and nonferrous metal
items such as machinery parts and sheet metal.
Telephone books and heavy-bound catalogs printed on nonglossy
paper.
Tires or casings used on any self-propelled vehicle or on
any vehicle intended to be towed by a self-propelled vehicle.
Household appliances such as stoves and refrigerators.
The Town Board, by way of regulation, may designate,
add or delete items or materials which must be separated pursuant
to this article. Public notification by posted notices, flyers and/or
publication in the official Town newspaper is required 30 days prior
to the date of application of the additional requirement.
A.
It shall be the responsibility of all residents to
separate recyclable and all other designated materials from all other
solid waste and prepare them for reuse, recycling, or other proper
disposal in accordance with the rules established by the Town Board.
All commercial, industrial and institutional establishments within
an area of the Town shall source-separate and arrange for the collection
and recycling of newspapers and other designated recyclables.[1]
[Amended 8-12-2009 by L.L. No. 2-2009]
[1]
Editor's Note: The paragraph regarding commercial
waste collectors, which immediately followed this subsection, was
repealed 3-9-2005 by L.L. No. 1-2005.
B.
Solid waste will not be accepted by the Town solid
waste facility if it contains recyclable or other designated materials
which are mixed or commingled with other solid waste.
A.
From the time of placement of recyclable materials
at the solid waste facility by a resident, all such recyclable materials
shall become the property of the Town.
[Amended 3-9-2005 by L.L. No. 1-2005]
B.
It shall be a violation for any person without authority
from the Town or its authorized agent to collect, pick up, remove
from the solid waste facility, or cause to be collected, picked up
or removed from the solid waste facility, any recyclable materials.
Nothing in this article shall be construed to
prevent composting or mulching for agricultural, horticultural, silvicultural,
gardening or landscaping purposes.
The Town Board shall be responsible for administering
the mandatory recycling requirements of the Town and for the issuance
of rules or regulations implementing this article and for the enforcement
of any violations of this article or the rules and regulations issued
thereunder.
It shall be a violation for any person:
A.
Other than those persons so authorized, to collect
any designated recyclable materials which have been placed at the
roadside for collection or within a solid waste facility recycling
collection area pursuant to this article.
B.
To place or cause to be placed any material other
than designated recyclable materials in or near a solid waste facility
recycling collection area.
C.
To fail to follow the rules and regulations made up
pursuant to this article.
D.
To fail to follow the directions of solid waste facility
personnel or posted instructions regarding the placement of recyclable
materials and other solid waste.[1]
[1]
Editor's Note: Former § 01-26, Disposal
of recyclable materials by commercial waste collectors, which immediately
followed this subsection, was repealed 3-9-2005 by L.L. No. 1-2005.
A.
Town solid waste facility personnel are hereby authorized
to inspect incoming loads of solid waste to determine if unseparated
recyclable materials are contained therein.
B.
Town solid waste facility personnel are hereby authorized
to turn away and deny access to any person delivering a load that
contains unseparated recyclable materials.
C.
Town solid waste facility personnel are hereby authorized
to turn away any person who is not following the requirements of this
chapter or the rules and regulations thereunder or who is failing
to deposit recyclable materials or other solid waste in designated
areas or containers.
A violation of this article or the rules and
regulations thereunder is hereby declared to be an offense.
A.
Residents and nonresidents.
(1)
A first violation shall be punishable by a fine of
not less than $50 or more than $100.
(2)
A second violation within three years shall be punishable
by a fine of not less than $100 or more than $500.
(3)
A third or subsequent violation within three years
shall be punishable by a fine of not less than $250 or more than $1,000
or by up to five days' imprisonment, or both.[1]
[1]
Editor's Note: Former § 01-28B,
regarding penalties for commercial waste collectors, which immediately
followed this subsection, was repealed 3-9-2005 by L.L. No. 1-2005.
B.
Additional penalties.
(1)
At any time, after a hearing, the Town Board may suspend
or revoke any permit if the Town Board at such hearing determines
the holder of such permit to be a persistent violator or incapable
of or unwilling to comply with the provisions of this article or the
rules and regulations thereunder, or has intentionally or negligently
acted, or has acted and as a result has harmed, or created a risk
of harm, to the aesthetics and environment of the Town or the health
and safety of its inhabitants and its livestock and wildlife, or has
utilized said permit in a manner inconsistent with this article or
has allowed said permit to be utilized by other than its issuee. The
permittee shall have an opportunity to be heard at such hearing, which
shall be held after such permittee shall be served by written notice
of such hearing in person or by certified mail, return receipt requested,
not less than 15 days prior to the date of such hearing.
(2)
The Town shall also have such other remedies as are
provided by law.
