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:
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.[1]
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.
[1]
Editor's Note: The definition of “brown goods,” which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now § 164-1.
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.