[Adopted 1-10-1989 by L.L. No. 1-1989]
A.
It is the determination of the Town Board that the town
must reduce, through source separation and other means, the volume of solid
waste generated in and ultimately landfilled in the town.
B.
It is further the intent of the Town Board to provide
a means of source separation of specified types of recyclable solid waste
and a method for collection of the same in order to ensure the ultimate protection
of the environment and reduce disposal costs to property owners.
As used in this article, the following terms shall have the meanings
indicated:
Discarded material, concrete, stone, rock, plasters, roofing, wood,
trees or limbs over two inches in diameter, or metals connected thereto.
The meaning as set forth in Article 27 of the Environmental Conservation
Law, as amended.
Toxic, flammable rags, sweepings, excelsior, rubber, leather, wood,
crockery, shells, clothing, straw, dirt, ashes, rubber products, flammable
solids or liquids, household appliances, furniture or household furnishings,
construction debris, putrescible waste, plastics, asbestos, hazardous waste
and such other materials as are, from time to time, determined by the Town
Board by resolution or which, in the opinion of the Superintendent, are not
suitable for recycling.
Any person, firm, partnership, association or corporation.
[Amended 7-14-1992 by L.L.
No. 5-1992] -- Includes:
Aluminum cans, foil and other materials made solely from aluminum.
Paper, including newspapers, magazines and cardboard, glass, in categories
of clear, brown or green, with all metal removed.
Metal cans, ferrous metals.
Compost, trees, limbs and branches.
Plastic cans, bottles, containers and other materials made solely from
plastic.
The meaning as set forth in Article 27 of the Environmental Conservation
Law, as amended.
The physical separation of recyclable materials from nonrecyclable
materials in a manner as set forth in this article and by regulations adopted
hereunder.
The Superintendent of Sanitation of the Town of Niagara or his or
her duly designated deputy or employees or a person designated by the Town
Board.
The Superintendent of Sanitation, or person designated by the Town Board,
is hereby authorized to establish the Town of Niagara Recycling Management
Program and is hereby authorized to:
A.
Administer this article and the Recycling Management
Program under the direction of the Town Board, pursuant to the rules and regulations
adopted by the Board, with the assistance of such other town agencies, boards,
commissions and employees as the Town Board may, from time to time, require.
B.
Promulgate rules and regulations for the administration
of the Recycling Management Program, subject to the approval of the Board,
and set the times for collection of all waste within the town.
C.
Investigate the environmental benefits and impacts upon
the town of the Recycling Management Program and keep such statistical data
as the Board may require.
The Town Supervisor is hereby authorized to:
A.
Enter into agreements, consortiums and intermunicipal
agreements as authorized by the Board, from time to time, for the purpose
of fostering recycling on a multitown or county-wide basis.
B.
Enter such other agreements as the Board may deem advisable
with private corporations or individuals in order to promote the Recycling
Management Program of the Town of Niagara and provide for an organized method
of collection.
The Town Board may establish a recycling center(s) for the disposal
of recyclable materials at a place or places to be located within the town,
under the provisions of this article.
No person shall fail to source separate recyclable materials, except
as follows:
A.
All recyclable materials shall be separated and disposed
of at a recycling center or at curbside, as designated by the Town Board.
B.
Each recyclable material shall be bundled or packaged
separately and placed at curbside or delivered to a recycling center(s).
C.
No container or bag containing recyclable material shall
have a total weight exceeding 20 pounds. Each container or bag shall be watertight,
plastic or metal, and be of no more than twenty-gallon capacity. No recyclable
material shall be placed at curbside more than 24 hours in advance of the
regular sanitation collection for nonrecyclable waste. Use of a town recycling
center shall be limited to town residents, businesses located within the town
or the owners of property in the town.
D.
The Town Board, in its discretion, may provide for bags
or other containers, at a cost to be determined by the Board, which shall
be utilized to source separate recyclable materials.
E.
The Superintendent, or his or her duly designated employee(s)
or agent, may limit the use of a recycling center(s) or refuse to be picked-up
at curbside or refuse waste if, in his or her discretion:
(1)
The material is not compatible with the town's Recycling
Management Program;
(2)
The recyclable material intended to be disposed of contains
material which is, in part, nonrecyclable or consists of, in whole or part,
hazardous or flammable material;
(3)
The material is of a quantity which is not capable of
being disposed of in a safe, prompt or environmentally suitable manner; or
(4)
The waste consists of materials which are recyclable,
but are not classified and separated pursuant to this article or rules established
hereunder.
F.
No person shall set construction debris at a curbside,
unless authorized by the Board or Superintendent. All such debris shall have
a maximum quantity of 300 pounds and be neatly stacked in units of no more
than two feet by two feet by four feet and maximum individual weights of 60
pounds per bundle or unit. If such waste is not collected by the town, it
shall be the responsibility of the owner of such debris to dispose of the
same at his or her own cost and expense.
G.
No person who is not a resident, property owner or business
located within the town shall dispose of any solid waste in the town which
emanates from outside the town at curbside or in a recycling center(s).
H.
Appliances.
(1)
Major appliance(s), washer(s), dryer(s), stove(s), water
heaters or refrigerators shall not be placed at curbside for pickup, or disposed
of within the town, unless authorized by the Superintendent of Sanitation
or as designated by the Town Board.
(2)
Any device, including but not limited to refrigerators,
freezers and air conditioners, which contain chlorinated fluorocarbons or
hydro-chlorinated fluorocarbons shall not be placed for collection, unless
a certificate, issued by a licensed technician, accompanies such device confirming
that the chlorinated fluorocarbons or hydro-chlorinated fluorocarbons have
been removed using proper equipment and techniques applicable to the device
and disposed of in accordance with applicable federal, state or local laws,
rules and regulations.
[Added 4-13-1993 by L.L. No. 2-1993]
I.
The Town Board, in their discretion, may provide dumpsters
for sanitary pickup. There shall be no fee associated with dumpster service.
Dumpsters shall not be provided to commercial entities. Dumpsters may be provided
to residences for a period of no more than five business days, and no more
than twice in any calendar year.[1]
J.
All contractors, subcontractors and remodelers shall be required to make arrangements, either through the Town of Niagara Sanitation Department or a private waste hauler, for the removal of construction debris from construction and/or remodeling projects located within the Town of Niagara. In no event shall any contractor, remodeler or construction company utilize curbside pickup which may be allowed under Subsection F of this section. Nothing stated herein shall prohibit such a company from removing construction debris and disposing of it in an appropriate facility by their own forces.
The Town Board is hereby authorized to seek bids or enter into such
agreements for the hauling of waste, subject to the requirements of law, as
it may deem necessary.
Any person violating any provision of this article, upon conviction
thereof, shall be deemed guilty of an offense and subject to a fine of not
less than $50 or greater than $100 for the first offense. Any subsequent violations
of this chapter by such offender shall be an unclassified misdemeanor and,
upon conviction, such person shall be subject to a fine of not less than $250
nor greater than $500 or imprisonment not exceeding six months, or both. The
provisions of this article shall be enforced by the town's Code Enforcement
Officer, the Superintendent or the Town Police. The Code Enforcement Officers,
Superintendent and Town Police are hereby empowered to issue appearance tickets
for violations of any provision of this article.
