[HISTORY: Adopted by the Town Board of the Town of Brant 8-11-1992
by L.L. No. 1-1992[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste management — See Ch. 98.
[1]
Editor's Note: The title of this chapter was changed from "Solid Waste"
to "Recycling" 10-8-2002 by L.L. No. 2-2002.
This chapter shall be known as the "Mandatory Recycling Law" of the
Town of Brant.
A.
The reduction, reuse and recycling of solid waste are
important public concerns and will aid in the protection and preservation
of the environment.
B.
The Solid Waste Management Act of 1988 mandates passage
of a source-separation ordinance or law to be passed by each local municipality
within New York State by September 1, 1992, to require that solid waste which
has been left for collection or which is delivered by the generator of such
waste to a solid waste management facility shall be separated into recyclable,
reusable or other components for which economic markets for alternate uses
exist.
As used in this chapter, the following terms shall have the meanings
indicated:
A person, individual, partnership or corporation or employer or agent
thereof authorized by contract or license with the municipality to collect
solid waste from residential, commercial and institutional properties as herein
defined under the terms and conditions of this chapter. In the event of municipal
collection, this definition shall include the governing body and employees
thereof.
Large items such as sofas, upholstered chairs, mattresses and box
springs, but excluding large appliances (white goods) such as refrigerators,
stoves, dishwashers, washers, dryers, etc., which are considered recyclable.
The person, firm, agency or public body or employee or agent thereof
who is engaged in the collection of and/or transportation of solid waste.
All properties used for industrial or commercial purposes, including
but not limited to retail and wholesale establishments, apartments with four
or more units, trailer courts, offices, garages, gas stations, manufacturing
and repair establishments, banks, motels, restaurants and other similar and
related facilities.
Can, bin, box, bag or other unit used for storage of recyclable materials.
Any solid waste management - resource recovery facility employed
beyond the initial solid waste collection process which is to be used, occupied
or employed for or is incidental to the receiving, transporting, storage or
processing or disposal of solid waste or the recovery by any means of any
material or energy product or resource therefrom, including recycling centers,
transfer stations, processing systems, resource-recovery facilities, sanitary
landfills, plants and facilities for composting or landspreading of solid
wastes, secure land burial facilities, reprocessing and recycling facilities,
surface impoundment and waste oil storage, incinerators and other solid waste
disposal, reduction or conversion facilities.
Any waste that is especially harmful or potentially harmful to public
health. This shall include but not be limited to explosives, toxic materials
and medical waste. For purposes of this chapter, "hazardous waste" does not
include small quantities of such waste available on a retail basis to the
homeowner (e.g. aerosol cans, pesticides, fertilizers, etc.).
An organization or establishment devoted to the promotion of a particular
object or cause, including schools, nursing homes and retirement homes, health
facilities, governmental facilities, libraries, fire halls, churches, etc.
All putrescible and nonputrescible materials including garbage, refuse
and other discarded solid materials, including but not limited to solid waste
materials resulting from industrial, commercial and agricultural operations
and from community activities. Liquids, semisolids and contained gaseous materials
are hereby defined as solid waste. It shall not include solids or dissolved
material in domestic sewage or other significant pollutants in water resources,
such as silt, dissolved or suspended solids in industrial wastewater effluents,
dissolved materials in irrigation return flows or other common water pollutants.
In addition, it shall not include hazardous waste.
Any individual, firm, partnership, association, corporation, institution
or other entity.
A person, firm, corporation or legal entity providing for the collection
of MSW and/or recyclable materials. To operate in the Town of Brant, a "private
collector" shall be required to obtain a license from the Town and shall be
subject to the rules and regulations of the Town.
The collection of MSW and recyclable materials where the resident
contracts directly with the private collector of the subscriber's choice.
Those materials specified by the municipality for separate collection
in accordance with recycling regulations. Such materials may include but are
not limited to:
ALUMINUM -- Aluminum products and containers fabricated primarily of
aluminum and commonly used for soda, beer, beverages or other food or drink.
METAL CANS -- Containers fabricated primarily of steel or tin or bimetal
cans of steel, tin and/or aluminum, other than aluminum cans.
GLASS FOOD AND BEVERAGE CONTAINERS -- New and used glass food and beverage
containers which have been rinsed and are free of food contamination, including
clear (flint), green and brown (amber) colored glass bottles and jars. Glass
shall not include ceramics, plate glass, auto glass, pyrex, leaded glass,
mirrored glass or flat glass.
PLASTIC FOOD AND BEVERAGE CONTAINERS -- Includes high-density polyethylene
(HDPE) and polyethylene terephthalate (PET) designated respectively as No.
2 and No. 1 on the recycling code located on the containers, together with
other plastics as the market for recycled materials may allow.
NEWSPRINT -- Common, inexpensive machine-finished paper made chiefly
from wood pulp and used for newspapers, as delivered.
CORRUGATED -- Wood-pulp-based material which is usually smooth on both
sides with corrugated center; commonly used for boxes; excludes material with
a wax coating.
HIGH-GRADE PAPER -- White and colored office bond, duplicating paper,
computer papers and other high-quality paper.
MAGAZINES -- Magazines, glossy catalogs and other glossy papers.
LARGE APPLIANCES/WHITE GOODS -- Stoves, refrigerators, dishwashers,
dryers, washing machines, water heaters and other large appliances and scrap
metal, but excluding air conditioners, microwaves and televisions. The above
materials will be reviewed quarterly and will be modified as the need arises
by the Town Engineer or other designated person.
The separation, collection, processing, recovery and sale or reuse
of metals, glass, paper, plastics and other materials which would otherwise
be disposed of as solid waste.
Any person residing within the Town on a temporary or permanent basis,
but excluding persons residing in hotels or motels.
Properties used as dwellings, including buildings having up to four
dwelling units in one building. Multiple dwelling residential buildings containing
more than four dwelling units, for purposes of this chapter, shall be treated
as commercial properties.
The purposeful systematic control of the storage, collection, transportation,
processing and disposal of solid waste.
To separate the recyclable materials from the MSW stream at the point
of waste generation.
Organic yard and garden waste, leaves, grass clippings and brush.
A.
No person shall permit any municipal solid waste to accumulate
for a period of longer than seven days upon property owned or occupied by
said person in the municipality.
B.
Owners and/or occupiers of residential property are hereby
required to make accumulated municipal solid waste available for collection
as scheduled under the terms hereof. (These subsections do not apply to owners,
occupiers and tenants of farm property.) Owners and occupiers of residential
and commercial property are prohibited from putting their accumulated municipal
solid waste containers and recyclable material bins at the roadside earlier
than 24 hours before their scheduled pickup, and all such containers and bins
must be removed from the roadside no later than the day following the scheduled
pickup.
C.
All municipal solid waste accumulated on any residential
property in the municipality shall be collected, conveyed and disposed of
by the municipality or by an authorized collector under contract with the
municipality (or by a licensed private collector under private subscription)
and in accordance with the provisions of this chapter.
D.
All municipal solid waste accumulated on commercial and
institutional properties shall be collected, conveyed and disposed of by authorized
collectors under contract with or licensed by the Town of Brant. In such a
case where a commercial or institutional establishment contracts directly
with a collector, the fee or payment shall be a matter of private agreement
between the owners or occupiers and the collector. When approved by the municipality,
owners of nonresidential properties may collect, convey and dispose of privately
generated municipal solid waste by their own containers and/or trucks, provided
that they comply with the provisions of this chapter applicable thereto and
New York State Department of Environmental Conservation regulations.
E.
It shall be unlawful for any person to collect and dispose
of any municipal solid waste within the Town of Brant except as provided in
this chapter.
Municipal solid waste generated or originated within the Town of Brant
which has been left for collection or which is delivered by the generator
of such waste to a facility shall be handled in the following manner:
A.
Prior to initial collection or transport, source separation
shall be required of each and every person or party discarding municipal solid
waste and/or recyclable materials. Recyclable materials shall not be commingled
with other solid waste during collection, transportation or storage following
collection.
B.
Collectors collecting residential, commercial and/or
institutional MSW generated within the Town shall refuse to collect MSW from
any person or party who has clearly failed to source-separate the recyclable
materials to the specifications of the collector. A written explanation shall
be provided by the collector to the person or party for the reason of the
refusal for collection of the materials by the collector.
A.
Only authorized collectors who are acting under authority
of the Town of Brant shall collect, pick up, remove or cause to be collected,
picked up or removed any solid waste recyclable materials so placed for collection;
each such unauthorized collection, pickup or removal shall constitute a separate
violation of this chapter; provided, however, that where the authorized collector
has refused to collect certain recyclable materials because they have not
been separated, placed or treated in accord with the provisions of this chapter,
the person responsible for initially placing those materials for collection
may and shall remove those materials from any curb, sidewalk or street side.
B.
Nothing herein shall prevent any person from making arrangements
for the private collection, sale or donation of recyclable materials prior
to placement at the curbside.
A.
All authorized collectors must obtain a solid waste collection
license from the Town of Brant. A fee for such license shall be set by the
governing body on an annual basis, and all licenses shall be issued for the
calendar year or such portion thereof. There shall be no reduction in the
fee for a license issued after the beginning of any calendar year. A certificate
of insurance must be provided by the collector and kept on file in the Town
Clerk's office.
B.
An authorized collector permit shall be available for
inspection at all times within each vehicle operated by or on behalf of the
authorized collector.
C.
Authorized collector applications may be denied if the
applicant or licensee has been adjudged or administratively determined to
have committed one or more violations of this chapter during the preceding
calendar year and/or fails to maintain the proper insurance coverage.
D.
All authorized collectors licensed by the Town of Brant
shall indemnify and hold harmless the Town of Brant for any pending, threatened
or actual claims, liability or expenses arising from waste collection transportation
and/or disposal by the authorized collector in violation of this chapter and/or
any other rule, regulation or law.
E.
Authorized collectors shall offer collection services
for all recyclable materials to all residential customers for whom they provide
MSW collection services at the same times and on the same days as services
are provided to their customers for solid waste collection.
F.
Each collector who shall apply for a license under this
section shall state the manner of collection and the place and method of disposal
of the MSW and recyclable materials from its residential, commercial, industrial
and institutional customers. Each collector shall maintain separate monthly
records of solid waste and recyclable materials collected, transported or
disposed of by the authorized collector, which include the following information:
(1)
The municipality or geographical area and number of units
in which the solid waste or recyclable material was generated.
(2)
The quantity, by ton, of solid waste and of each type
of recyclable material collected.
(3)
The quantity, by ton, of recycled material delivered
to a recycling facility(ies) and the location of the recycling facility(ies).
(4)
The quantity, by ton, of solid waste delivered to each
facility.
G.
Reports containing the information required as stated
above shall be compiled and delivered to the Town Clerk or other designated
individual for each reporting period as designated by the regulations, but
which shall be not more frequently than quarterly.
H.
Authorized collectors shall not accept for collections
MSW which has not been source-separated in conformity with this chapter.
A.
When the public official so designated by the Town Supervisor
determines that a failure to comply with this chapter may have occurred, (s)he
shall recommend to the municipality that the authorized collector application
or the license be denied, suspended or revoked or its holder subjected to
a reprimand or fine or that the generator or originator of the solid waste
or recyclable materials be subject to sanctions, fines or penalties as described
herein. Notice and an opportunity to be heard shall be provided prior to the
denial, suspension or revocation of a solid waste license or authorized collector
permit or the issuance of a sanction, fine or penalty.
B.
Notice.
(1)
The designated public official shall notify the affected
generator, applicant or licensee of the alleged failure in writing. The notice
shall include the following:
(2)
The notice shall be personally served or sent by registered
mail to the generator, applicant or licensee's last known address, at
least 10 days before the hearing date, with a copy to the administrator.
C.
Hearing.
(1)
Hearings shall be held before the Town Justice within
a reasonable period, which shall be at least 10 days after service of notice.
(2)
The generator, applicant or licensee may be represented
by counsel at the hearing and may offer evidence and cross-examine witnesses.
(3)
Within 20 days after the close of the hearing, the Town
Justice shall:
(a)
Determine whether the alleged failure to comply with
this chapter has occurred; and
(b)
If the Town Justice determines that such a failure has
occurred, decide whether the generator or applicant shall be subject to fine
or penalty, the application shall be denied or an existing solid waste license
or authorized collector status be suspended or revoked or its holder subject
to a reprimand, and issue an order carrying out this decision.
A.
Inspections and appearance tickets. All portions of vehicles
and containers used to haul, transport or dispose of recyclable materials,
including such containers placed outside residences, shall be subject to inspection
to ascertain compliance with this chapter by any police officer, peace officer,
code officer and any other public official designated by the Town of Brant.
B.
Police officers, peace officers, code officers and the
specified public servants are hereby authorized and directed to issue appearance
tickets for violations of this chapter.
A.
During any 12 consecutive months, the failure of any
person engaged in the business of collecting MSW and/or recyclable materials
or rendering solid waste and/or recycling services who is not authorized by
the Town or who collects, picks up, removes or causes to be collected, picked
up or removed MSW or recyclable materials in a manner not in compliance with
this chapter shall be guilty of a violation, punishable by a fine of not less
than $200 and not exceeding the sum of $1,000 or by imprisonment for a term
not exceeding 15 days, or both. Each day such violation occurs or continues
shall constitute a separate offense.
B.
Failure of a waste generator to comply with the provisions
in this chapter designated as violations shall be punishable as follows:
(1)
For the first conviction: a written warning clearly stating
the nature of the violation and a schedule of fines for future convictions.
(2)
For the second conviction within one year: by a fine
not more than $75.
(3)
For the third conviction within one year: by a fine not
less than $50 nor more than $125.
(4)
For a fourth and each subsequent conviction within one
year: by a fine of not less than $125 nor more than $275.
C.
Any penalties or damages recovered or imposed under this
chapter are in addition to any other remedies available at law or equity.
D.
No penalties, fines, civil sanctions or other enforcement
actions will be commenced prior to January 1, 1993, in order to permit persons
regulated hereunder to come into compliance with this chapter.
[Added 10-18-2002 by L.L. No. 2-2002]
Nothing in this chapter shall be read as allowing or permitting any
use prohibited by any other section of the Town Code, nor waiving any and
all requirements for any use or structure under any local law.
