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:
BATTERIES, DRY-CELL
Household batteries for flashlights, watches, toys, penlights,
calculators, hearing aids, etc.
BATTERIES, LEAD-ACID
A cell or group of cells which provides electric current,
such as automobile batteries.
BIODEGRADABLES
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.
CARDBOARD, CORRUGATED
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.
CARDBOARD, PAPERBOARD
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.
CLOTH and CLOTHING
Textiles woven of natural or synthetic fibers, and the garments
made of these materials.
COMPOSTING
Controlled biological decomposition of organic waste materials
into a humus product that may be used as a soil amendment or mulch.
GLASS CONTAINERS
Clear, green and amber (brown) glass jars, bottles and containers
with lids, caps and closures removed.
MAGAZINES
Booklets or stapled catalogs made of slick and/or glossy
paper. This excludes bound catalogs and telephone books.
METAL CANS
Tin, aluminum or other ferrous or nonferrous or composite
cans and containers.
MOTOR OIL
Any petroleum-based lubricant used in internal combustion
engines.
NEWSPAPERS
Newsprint and all newspapers and newspaper advertisements,
supplements, comics and enclosures.
PAPER
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.
PLASTIC CONTAINERS
Containers composed of high-density polyethylene, polyethylene
terephthalate or other plastics as designated by the Town Board.
RECYCLABLE MATERIALS
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.
SCRAP METAL
Uncontaminated and oil-free ferrous and nonferrous metal
items such as machinery parts and sheet metal.
TELEPHONE BOOKS
Telephone books and heavy-bound catalogs printed on nonglossy
paper.
VEHICLE TIRES AND CASINGS
Tires or casings used on any self-propelled vehicle or on
any vehicle intended to be towed by a self-propelled vehicle.
WHITE GOODS
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.
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.
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.
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.