Believing that a significant amount of recyclable
or reusable material can be removed from the solid waste stream being
generated within the Town of Bethlehem and in order to facilitate
the conservation of vital and natural resources through recycling
and in recognition of the established public policy of the State of
New York to encourage local governments to implement comprehensive
materials recycling programs as part of their solid waste management
strategies, the Town Board hereby finds that it is in the general
public interest to implement environmentally sound, yet economically
feasible, recycling programs to complement the Town's solid waste
management system. In so doing the Town Board acknowledges those findings
and recommendations of the Town of Bethlehem New York Solid Waste
Task Force, contained in its Recycling Plan, dated June 1989, revised
July 25, 1989.
For purposes of this article, those terms defined in §§ 97-1 and 97-10 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:
Solid waste other than residential or industrial waste.
Any person who collects residential, industrial or commercial
waste from more than one household or from any business, institution
or commercial establishment or industrial facility within the Town
of Bethlehem or who otherwise transports or disposes of such wastes
collected from said sources or who performs such service for a fee.
Cardboard containers, boxes and packaging which are cleaned
of contamination (e.g., food wastes, metals, plastics, excess tape)
and which have been flattened or baled for transport. It excludes
cereal or food-type packaging (see "paperboard").
[Amended 1-26-2011 by L.L. No. 1-2011]
Clear, green and amber (brown) glass jars, bottles and containers,
empty, rinsed and with rings and caps removed.
Bi-metal, aluminum or other ferrous or nonferrous or composite
cans and containers used for food or beverages. All metal cans shall
be cleaned of contaminants, with labels removed.
[Amended 1-26-2011 by L.L. No. 1-2011]
Common machine-finished paper, made chiefly from wood pulp,
used for printing newspapers.[1]
All bond paper, including computer printout, stationery,
photocopy and commercial wastepaper; school paper; envelopes; store
receipts; and magazines, catalogs and junk mail. Staples and windowed
envelopes are acceptable, but paper must be free of tape, rubber bands,
paper clips, binders and other contaminants. This term excludes carbon
paper, chemical transfer paper, and non-paper materials such as Tyvek
envelopes or plastic-bubble-wrap-padded envelopes.
[Added 1-26-2011 by L.L. No. 1-2011]
All single-layer cardboard, often coated with kaolin clay,
typically found as packaging, including cereal or other food boxes,
laundry or dishwashing detergent containers, shoe boxes, tissue containers,
poster board, etc. Paperboard must be clean, dry and free of contaminants.
[Added 1-26-2011 by L.L. No. 1-2011]
All plastic containers, clean of contaminants, with a few
exceptions. Containers made of Styrofoam/polystyrene are not recyclable.
All plastic film (e.g., shrink wrap, dry-cleaning bags, etc.), plastic
bags, vinyl, and very small items (straws, utensils, pens, etc.) are
also excluded.
[Amended 1-26-2011 by L.L. No. 1-2011]
Those materials specified by the Town of Bethlehem 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, newspapers, office, school and home
paper, and metal cans, as defined herein. The Recycling and Composting
Department Head may, with the approval of the Town Board, designate
other kinds of solid wastes that shall constitute recyclable material.
[Amended 1-26-2011 by L.L. No. 1-2011; 5-11-2022 by L.L. No. 3-2022]
All solid waste generated or produced by persons occupying
buildings containing three or fewer dwelling units.
The segregation or separation of recyclable or reusable materials
from the solid waste stream at the source of its generation or production.
[1]
Editor's Note: The former definition of "office paper," which
immediately followed this definition, was repealed 1-26-2011 by L.L.
No. 1-2011.
A.
The use by a resident, pursuant to a resident permit issued pursuant to Article II of this chapter, of any solid waste facility within the Town shall be conditioned upon said resident having separated recyclable materials as required herein from the solid waste to be disposed of.
B.
As a condition for obtaining any permit required by
this chapter or for the use of any solid waste facility within the
Town, or for the collection of waste from residences, businesses,
organizations, and industries within the Town, all commercial waste
collectors shall have filed a recycling plan with and obtained the
approval of the Recycling and Composting Department Head. This plan
shall set forth the procedures, means and methods by which said commercial
waste collector shall perform or require the separation from the solid
waste so collected of recyclable materials. Each plan must require
that recyclables from residential waste will be collected as often
and on the very same day as the other residential waste collected
by said commercial waste collector. Such plan shall also provide a
schedule for the regular collection of recyclables from commercial
waste.
[Amended 1-26-2011 by L.L. No. 1-2011; 5-11-2022 by L.L. No. 3-2022]
C.
In all instances, except where the commercial waste
collector shall itself perform waste separation as defined herein,
said commercial waste collector shall require its customers to separate
recyclable waste at its source or generation point. Each commercial
waste collector shall provide its residential customers with at least
one Town-approved plastic bin or container, minimum 14 gallons in
capacity, for the placement of recyclables prior to their collection
by the commercial waste collector. Each commercial waste collector
shall provide its commercial customers with Town-approved and appropriately
sized dumpster(s) for the placement of recyclables prior to their
collection by the commercial waste collector; these dumpsters must
be physically separate from, and clearly labeled and distinguished
from dumpster(s) designated for the collection of other solid waste.
[Amended 1-26-2011 by L.L. No. 1-2011]
D.
Each commercial waste collector shall, as a condition
of maintaining a permit required by this chapter, file with the Recycling
and Composting Department Head written reports, at least every 90
days, containing any requested amendments to the collector's recycling
plan, which shall be subject to the approval of the Recycling and
Composting Department Head, and also report concerning the amount
of solid waste collected or transported by the commercial waste collector
and further quantifying the amount of each recyclable collected and
the location and manner of the disposal of such recyclable materials.
[Amended 1-26-2011 by L.L. No. 1-2011; 5-11-2022 by L.L. No. 3-2022]
E.
The Recycling and Composting Department Head may, subject to the approval of the Town Board, adopt rules and regulations concerning the specific methods by which said recyclable materials shall be segregated prior to their acceptance for disposal at any solid waste facility operated pursuant to Article II of this chapter.
[Amended 5-11-2022 by L.L. No. 3-2022]
F.
No solid waste will be accepted by any solid waste
management facility within the Town of Bethlehem, nor shall any solid
waste generated within the Town of Bethlehem be transported for disposal
outside of the Town, if it contains recyclables which are mixed or
commingled with other solid waste.
[Amended 1-26-2011 by L.L. No. 1-2011]
[Amended 5-11-2022 by L.L. No. 3-2022]
The above listing of recyclable materials shall
not prohibit the establishment, by way of regulation promulgated by
the Recycling and Composting Department Head with the approval of
the Town Board, of such further or additional recyclable items or
materials that must be separated pursuant to this article.
A.
The Recycling and Composting Department Head shall
be responsible for administering the mandatory recycling requirements
of the Town of Bethlehem and for the issuance of rules or regulations
implementing this chapter. The Town Building Inspector shall be responsible
for the enforcement of any violations of this chapter or the rules
and regulations issued thereunder.
[Amended 5-11-2022 by L.L. No. 3-2022]
B.
The Town Board may establish one or more sites for
the operation by or on behalf of the Town of Bethlehem of a recycling
facility and shall establish the days and hours of operation of all
such facilities.
C.
The Recycling and Composting Department Head shall
be empowered to:
[Amended 5-11-2022 by L.L. No. 3-2022]
(1)
Establish rules and regulations concerning the operation
and use of such recycling facilities.
(2)
Suspend any permit pending a hearing for revocation pursuant to § 97-22B(1). Said suspension shall not exceed a period of 30 days. A permit may be temporarily suspended as provided for by this subsection in the event that the Recycling and Composting Department Head determines, in his discretion, that a person holding said permit is in violation of this chapter and said violation constitutes or may create a danger to the aesthetics and environment of the Town or the health and safety of its inhabitants or that a person is utilizing said permit for a purpose or in a matter that is inconsistent with this chapter or is allowing said permit to be utilized by a person other than the issuee of said permit.
A.
Any person who shall commit an offense against any
of the provisions of this article or fail to comply therewith or with
any of the provisions thereof shall be guilty of a violation and,
upon conviction thereof be punishable by a fine not exceeding $250
for each offense or by imprisonment for a term not to exceed 15 days,
and/or by both fine and imprisonment. Each act or day of continuance
shall constitute a separate violation.
B.
Additional penalties.
(1)
In addition to the penalties above provided, after
a hearing the Town Supervisor may revoke any permit issued pursuant
to this article if the Town Supervisor at such hearing determines
that the holder of such permit is a persistent violator or incapable
of or unwilling to comply with the provisions of this article or has
intentionally or negligently acted or failed to act in a manner that
has harmed or created a risk of harm to the aesthetics and environment
of the Town and the health or safety of its inhabitants 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 registered 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.
If any clause, sentence, paragraph, section,
article or part of this chapter shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair or invalidate the remainder thereof but shall be confined in
its operation to the clause, sentence, paragraph, section, article
or part thereof directly involved in the controversy in which such
judgment shall have been rendered.
This chapter shall take effect September 1,
1990, and when the appropriate certified copies hereof are filed with
the Secretary of State pursuant to the applicable provisions of the
Municipal Home Rule Law.
