A.
The Town Board hereby declares that it is the policy of the Town
of North Hempstead to promote recycling and to thereby conserve resources
and reduce the amount of Solid Waste which is disposed of at landfills
or by incineration.
B.
The Town, through this Article IA of Chapter 46, Sanitation, and in accordance with the requirements of General Municipal Law § 120-aa, seeks to have all Solid Waste generated in the Town separated into recyclable, reusable or other components for which economic markets for alternate uses exist. For purposes of this article, "components" shall include paper, corrugated paper, Glass, metals, plastics, Yard Waste and any other materials designated by the Town Board.
A.
Upon adequate notice for a garbage and refuse district or for a particular collection area, there shall be a mandatory Curbside Recycling Program pursuant to which all Persons who are owners, lessees or occupants of residential dwellings in the Town (except as provided in § 46-11.2) shall be required to Source-Separate for pickup all components of Solid Waste for which Economic Markets for alternate uses exist.
(1)
Mandatory source separation for newspapers, magazines, corrugated
paper, Bottles and Cans, plastics and Yard Waste has been enacted
for residential dwellings.
(2)
The Town Board, by resolution, may expand the mandatory source
separation and Curbside Recycling Program to include one or more of
the following materials:
B.
Residents shall separate Recyclables from all other residential Solid
Waste and place them for collection in accordance with the following:
(1)
Newspapers shall be compacted and securely bagged in paper bags
or bundled and tied, in packages not exceeding 50 pounds, with a rope
or cord sufficient in strength to facilitate handling. Newspaper shall
be placed separately at Curbside for collection on days specified
by the Commissioner under the rules and regulations prescribed.
[Amended 4-6-2010 by L.L. No. 2-2010]
(2)
Bottles, Cans and plastics shall be cleaned and then placed
in a recycling container provided to Residents beside bags or bundles
of Newspapers.
(3)
Yard Waste shall be separated from other waste and placed in
bags or containers and put at the curb for collection on the Yard
Waste collection day established for a garbage district or collection
area. Nothing herein shall preclude Residents from leaving grass clippings
on their lawns or from a Village providing alternative measures for
the collection of Yard Waste.
(4)
All other Recyclables subject to the Curbside recycling program
shall be prepared for collection in accordance with regulations promulgated
by the Commissioner.
(5)
Corrugated paper shall be compacted and securely bundled and
tied, in packages not exceeding 50 pounds, with a rope or cord sufficient
in strength to facilitate handling. Corrugated paper shall be placed
separately at Curbside for collection on days specified by the Commissioner
under the rules and regulations prescribed.
(6)
Recyclables that are added to the Curbside recycling program pursuant to Subsection A(2) of this section shall be collected in accordance with a schedule set by the Commissioner and advertised by the Town, after adequate notice has been published, posted and publicized for a garbage district or for a particular collection area.
C.
Notwithstanding any other provision of this chapter to the contrary,
Residents may dispose of their Recyclables by selling or donating
the same to recyclers, but these Recyclables may not be picked up
at Curbside.
A.
In any garbage district or area subject to the mandatory source separation and Curbside Recycling Program pursuant to § 46-11.1 of this article, there is also established a recycling program for the Source Separation, collection and delivery of Recyclables included in the mandatory recycling program from all non-physically-disabled Residents of multiresidential complexes.
B.
The owner, manager or superintendent of every multiresidential complex subject to Subsection A of this section shall provide and maintain in a neat and sanitary condition recycling collection areas to receive Recyclables that are generated by Residents of the complex. In cases where a condominium, cooperative, homeowners' or similar association exists, the association shall be responsible for the provision and maintenance of the recycling collection areas. All recycling collection areas shall be constructed and capable of receiving Newspapers, corrugated paper, magazines, Bottles, Cans and plastic containers; and any and all other Recyclables as may be included in or added to the mandatory separation and Curbside Recycling Program within 60 days of such inclusion or in addition to the Curbside Recycling Program. Multiresidential complexes covered by this section shall also be required to separate and recycle Yard Waste collected on the premises of such complex.
[Amended 4-6-2010 by L.L. No. 2-2010]
C.
All non-physically-disabled Residents of the complex shall Source-Separate
Recyclables and place them in the appropriate containers or areas
within the recycling collection area.
D.
The number and design of the recycling collection areas required
by this section for each multiresidential complex shall be consistent
with regulations promulgated by the Commissioner.
E.
Recyclables required to be placed in recycling collection areas pursuant
to this section shall be prepared for collection in accordance with
regulations promulgated by the Commissioner.
A.
All Commercial, industrial and institutional establishments within a garbage district or other area of the Town subject to a Curbside Recycling Program established pursuant to § 46-11.1 of this chapter shall Source Separate Solid Waste into recyclable, reusable or other components for which Economic Markets for alternate uses exist and arrange for their collection for recycling. In addition to those materials presently required to be recycled in residential and multiresidential complexes, i.e., Newspapers, Bottles and Cans, plastic and Yard Waste, Commercial establishments shall additionally be required to recycle Construction and Demolition Debris, corrugated paper, magazines and high-grade paper where there exist Economic Markets for alternate uses for such additional components. High-grade paper shall include white letterhead paper, white bond paper, white typing paper, white copier paper, white note pad paper, white writing paper, white envelopes, other nonglossy white office paper without plastic, computer printout paper, computer tab cards and white onion skin paper.
B.
A Commercial, industrial or institutional establishment may, upon written application to the Commissioner, request relief from some or all of the requirements of Subsection A above. Upon receipt of such application, the Commissioner shall conduct a survey of such establishment to determine if there is sufficient generation to warrant recycling of the component or components in question and/or Economic Markets for alternate uses. If there is insufficient generation and/or an insufficient economic market for alternate uses of a particular recyclable material, the Commissioner may issue an exemption.
C.
The arrangement for collection of separated Recyclables for disposition
under the Commercial recycling program shall be the responsibility
of the Person who owns, manages or operates the Commercial, industrial
or institutional establishment at which the Recyclables are generated
("generator") or the Person contractually obligated to the generator
to arrange for collection and disposal of its Solid Waste. These arrangements
may include, without limitation, direct marketing of Recyclables,
contracts with Licensees for separate collection of any or all Recyclables,
direct delivery to a Solid Waste Management Facility designated by
the Commissioner or, in the case of Newspapers, Bottles and Cans and
plastics, Curbside collection once per week in accordance with provisions
for collection of such components from residential dwellings.
D.
The mandatory Commercial, industrial and institutional source separation
and recycling program may be expanded by resolution of the Town Board
where it determines that Economic Markets for alternate uses exist
for such additional components.
E.
Generators of recyclable material who use private carters or recyclers
for collection and marketing of recyclable materials must be provided
with sufficient containers by such carter to allow for source separation
of all components being recycled. All containers must be clearly identified
as recyclable containers with lettering of at least six inches.
F.
A generator which utilizes a private carter or recycler to collect
one or more components shall provide written reports on a monthly
basis to the Commissioner containing the following information:
G.
Any carter or recycler collecting Source-Separated components from
a generator shall provide written reports to the Commissioner on a
monthly basis containing the following information:
H.
No carter or recycler may commingle nonrecyclable Solid Waste with
any Source-Separated Recyclables.
I.
Exemption for Existing Commercial Recycling Programs with Recyclers.
(1)
Any Commercial entity having in place a recycling program upon the effective date of this chapter, whereby that entity's Recyclables are collected by or delivered directly by such entity to a recycler, shall be exempt from the recycling requirements of this § 46-11.3.
(2)
Any such exempt Commercial entity must have registered its recycling program with the Department and received written confirmation from the Department of its exemption from this § 46-11.3.
[Amended 10-21-2021 by L.L. No. 20-2021]
(3)
Any such exempt Commercial entity shall not place its Recyclables
at Curbside for collection by a Collector.
[Amended 4-6-2010 by L.L. No. 2-2010]
J.
Notwithstanding any other provision of this chapter to the contrary,
Recyclable industrial and Commercial by-products may be sold or donated
by an industrial and/or Commercial enterprise to any scrap metal enterprise
or recycler. Said by-products cannot be placed at the Curbside for
collection by said scrap metal enterprise or recycler.
