This chapter may be referred to as the "Town
of East Hampton Recycling and Management of Solid Waste Law."
The Town Board finds that:
A.
The reduction of the amount of solid waste and the
conservation of recyclable materials are important public concerns.
A significant amount of recyclable material that could be removed
from the solid waste stream is needlessly discarded each year.
B.
The recovery and reuse of recyclable materials, such
as newspaper, paper, cardboard, glass, cans, plastics and yard waste,
will:
(1)
Protect and enhance the town's physical and visual
environment.
(2)
Promote the health, safety and well-being of persons
and property within the Town by reducing the town's reliance on other
solid waste disposal methods.
(3)
Facilitate the implementation and operation of a cost-efficient
and environmentally sound solid waste management program.
(4)
Conserve natural resources.
C.
The enactment by the state Legislature of the Solid
Waste Management Act of 1988 has created the need for the Town to
demonstrate its long-term commitment to effective waste management
and requires the Town to enact appropriate legislation. The Town Board
declares that the measures taken by the Town must establish the most
environmentally sound and economically desirable waste reduction,
recycling and reuse programs possible and should be consistent with
or surpass the reduction, recycling and reuse goals established by
New York State.
D.
Accordingly, the Town Board finds that to achieve
these goals it is necessary to:
(1)
Establish a mandatory town-wide recycling program
that provides opportunities for everyone in the Town to recycle;
(2)
Promote and increase the demand for recycled goods
by all consumers, including the Town and its contractors; and
(3)
Encourage and support the use of the resources and
skills of local existing and newly established recycling businesses
and local community organizations and members in effectuating the
recycling program.
It is hereby declared to be the public policy
of the Town to reduce environmental pollution and dangers to health;
dispose of solid waste generated within the Town in the most economical
and environmentally acceptable manner, minimize the size and cost
of the proposed solid waste management program and encourage the conservation
of valuable natural resources and energy. It is the policy of the
Town to promote the recovery of materials from the town's solid waste
stream for the purpose of recycling such materials and returning them
to the economy. This chapter shall be liberally construed in order
to effectuate the purposes set forth in this section.
This local law is adopted pursuant to § 10
of the Municipal Home Rule Law of the State of New York.
A.
CAN
CARDBOARD
COMMERCIAL HAULER
COMMINGLED MATERIALS
CONSTRUCTION AND DEMOLITION (C & D) DEBRIS
DESIGNATED RECYCLABLE MATERIALS or DESIGNATED RECYCLABLES
FOOD/SOILED PAPER
GLASS
HAZARDOUS WASTE OR HAZARDOUS MATERIAL
(1)
(a)
(b)
(2)
HEAVY BRUSH
HOUSEHOLD HAZARDOUS WASTE or HOUSEHOLD HAZARDOUS MATERIAL
LICENSING REVIEW BOARD
MIXED CONTAINERS
MIXED FIBERS
MIXED PAPER
NEWSPAPER
PAPER
PAYING CUSTOMER
PERMIT
PERSON
PLASTICS
POST-COLLECTION SEPARATION
RECEPTACLES
RECYCLABLE MATERIAL
RECYCLING
RECYCLING CENTER
RESIDENT
RUBBISH
SELF-HAULERS
SOLID WASTE
SOURCE-SEPARATE
TOWN
TOWN BOARD
TOWN CLERK
UNLOADING AREA
WHITE GOODS
YARD WASTE
The following words and expressions, where used in
this chapter, shall have the meanings ascribed to them by this section:
A container comprised of aluminum, tin, steel or a combination
thereof, which formerly contained food and/or beverage.
All corrugated cardboard normally used for packing, mailing,
shipping or containerizing goods, merchandise or other materials,
but shall not mean wax-coated or soiled cardboard.
Any person engaged in the business of collecting and transporting
solid waste and designated recyclables through or upon any street
within the town, or any person operating a commercial, industrial
or institutional establishment that transports said establishment's
solid waste and designated recyclables.
[Amended 6-25-1996 by L.L. No. 10-1996]
Source-separated, nonputrescible, noncontaminated recyclable
materials that have been placed in the same container.
Waste that includes but is not limited to lumber, bricks,
roofing material, tile, sheetrock, electrical wire, concrete and other
masonry materials, rock, road spoils and paving materials.
Those recyclable materials designated by this local law,
and/or by resolution of the Town Board pursuant to this local law,
to be separated from other solid waste materials. The term may include
but is not limited to newspaper, glass, paper, cardboard, cans, plastics
and yard waste.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food; paper used
in connection with such food; soiled facial tissue.
All clear (flint), green and brown (amber) colored glass
containers, but shall not mean wired glass, crystal, ceramics and
plate window, laminated or mirrored glass.
A solid waste or a combination of solid wastes
which, because of its quantity, concentration or physical, chemical
or infectious characteristics, may:
Cause or significantly contribute to an increase
in mortality or an increase in serious irreversible or incapacitating
reversible illness; or
Pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported or disposed of or otherwise managed.
Such "hazardous waste" shall include but not
be limited to explosives, hazardous radioactive materials, toxic substances
and those substances which the Superintendent of Sanitation has identified
as "hazardous waste" pursuant to the above criteria and has included
on a list of hazardous waste promulgated by the Department of Sanitation.
Tree limbs and tree trunks that are four inches or greater
in diameter and any tree stumps.
Hazardous waste included on a list promulgated by the Department
of Sanitation which can be disposed of on certain specified days and/or
times at the town's recycling center, pursuant to resolution passed
by the Town Board.
The local agency established by Chapter 156 to review complaints against home improvement contractors, decide upon the validity thereof and impose administrative sanctions therefore. These responsibilities are amended to hear appeals of commercial haulers whose permit applications are denied and to review complaints against commercial carters for the purpose of deciding whether to revoke all permits allowing them to do business in the Town as specified in Chapter 204. The Review Board shall consist of seven members.
[Added 6-25-1996 by L.L. No. 10-1996]
Commingled cans, glass and plastic.
Commingled newspapers, cardboard and mixed paper.
All office paper, bond paper, photocopy paper, mimeo paper,
magazines, paperback books, school paper, catalogs, junk mail, computer
paper, wax-coated food and beverage containers, telephone books and
similar cellulosic material, but shall not mean newspaper, food/soiled
paper and cardboard.
Includes newsprint and all newspapers and newspaper advertisements,
supplements, comics and enclosures.
See "mixed paper."
An individual or business that pays a fee to a commercial
hauler to collect their solid waste, trash and/or recyclables in East
Hampton Town.
[Added 6-25-1996 by L.L. No. 10-1996]
Due authorization in writing as provided in this chapter
which allows a person to dispose of solid waste and designated recyclables
at a Town recycling center.
Any individual, firm, partnership, company, corporation,
association, joint venture, cooperative enterprise, trust, municipality,
other governmental agency or any other entity or any group of such
persons which is recognized by law as the subject of rights and duties.
In any provisions of this local law prescribing a fine, penalty or
imprisonment, the term "person" shall include the officers, directors,
partners, managers or persons in charge of a company, corporation
or other legal entity having officers, directors, partners, managers
or other persons in charge.
Containers composed of high-density polyethylene, polyethylene
terephthalate, polyvinyl chlorides or other specific plastics as the
Town Board may designate.
The separating of designated recyclables from solid waste
materials after the point of collection by a commercial hauler.
Containers or bins set out at a Town recycling center for
the disposal of designated recyclables.
See "designated recyclable materials."
Any process by which materials are collected, separated and/or
processed, treated, reclaimed, used or reused to produce a raw material
or product.
Any combination of structures, machinery and facilities used
for the off-loading, collection, processing, recovery and transport
of recyclable and nonrecyclable materials; it shall also include composting
and yard waste processing.
Any individual residing within the boundaries of the Town
on a temporary, seasonal or permanent basis. For purposes of this
local law, "resident" does not include commercial, industrial or institutional
establishments.
Nonputrescible solid wastes, including but not limited to
nonrecyclable paper, wrappings, cigarettes, bedding, furniture and
similar materials which are not designated recyclable materials.
Individuals who self-deliver designated recyclables and other
solid waste generated at their residences to the town's recycling
center for disposal.
All putrescible and nonputrescible materials or substances
discarded or rejected as having served their original intended use
or as being spent, useless, worthless or in excess to the owner at
the time of such discard or rejection, including, without limitation,
food/soiled paper, rubbish and yard waste. Materials intended for
recycling are also "solid waste" within the meaning of this chapter.
To separate designated recyclable materials from the solid
waste stream at the point of waste generation.
The Town of East Hampton located within the County of Suffolk,
State of New York.
The duly elected and constituted legislative body of the
Town of East Hampton.
The duly elected Town Clerk of the Town of East Hampton.
A specified area within a Town recycling center where self-haulers
and/or commercial haulers shall be directed by Town personnel for
disposal of designated recyclables and solid waste.
Discarded household appliances such as stoves, refrigerators,
washing machines, boilers and other old metal items.
Organic yard and garden waste, leaves, grass clippings and
brush.
B.
Words used in the singular in this chapter shall include
the plural, and vice versa. The word "shall" is always mandatory.
