The purpose of this chapter is to facilitate the disposal of solid waste
generated within the Town of Plattekill in the most environmentally acceptable
manner possible and to facilitate and encourage the recovery of all recyclable
materials which can be marketed or used for secondary purposes.
As used in this chapter, the following words are intended to include
and be defined as follows:
BOARD
The Town Board of the Town of Plattekill.
BULK WASTE
An item of solid waste larger than two feet by two feet by four feet
or heavier than 50 pounds.
CARDBOARD
A thick paperboard, including but not limited to corrugated cardboard
boxes, corrugated cardboard cartons and similar corrugated materials.
COORDINATOR
The Recycling Coordinator or his or her assistant for the Town of
Plattekill as appointed by the Town Board.
DISPOSAL FACILITY
Any solid waste management plant or site under contract to receive
solid waste originating from within the Town of Plattekill.
DISPOSAL FEE
The fee charged by any disposal facility under a permit issued by
the Town of Plattekill.
HAZARDOUS SUBSTANCE
Any material, natural or manufactured, which by itself or in concentrations
with other like or dissimilar materials will contaminate to environmentally
unsafe levels the atmosphere, soil or water, whether above, on or below the
ground.
NEWSPAPER
A paper product printed on newsprint, including all newspapers, newspaper
advertisements and comic sections. Magazines, telephone directories and books
are excluded from this definition.
NONRESIDENCE
A building or parcel of land not used as a residence or a multiple
residence, as defined within this chapter.
PERSON
Any individual, partnership, association, firm, corporation, company
or any and all combinations of the same acting in concert.
PRIVATE CARTER
A contractor providing collection of solid waste services in the
town, under the license issued by the Town Board or any body designated by
the Town Board.
RECYCLABLE COLLECTOR
A contractor under contract with the Town of Plattekill to provide
collection of recyclables for remanufacture or reuse, subject to the terms
and conditions of said contract with the Town of Plattekill.
RECYCLABLES
Solid waste consisting of newspapers, yard waste, corrugated cardboard
boxes, plastic beverage, food and milk containers, glass bottles and jars,
metal food and beverage cans and such other materials as designated by the
Recycling Coordinator and approved by resolution of the Town Board.
RESIDENCE
A building or parcel of land having three or fewer dwelling units.
RESIDENT
A person residing in a residence.
SCAVENGING
The unauthorized picking, sorting and removal of solid waste either
before, during or following disposal.
SOLID WASTE
All putrescible or nonputrescible materials or substances discarded
or rejected as being spent, useless, worthless or in excess by the owners
at the time of such discard or rejection, including but not necessarily limited
to garbage, refuse, industrial and commercial waste, yard and agricultural
waste, rubbish, ashes, contained gaseous material, incinerator residue, demolition
and construction debris, discarded automobiles, offal and sludges from air
or water control facilities, but not including sewage and other highly diluted
water-carried materials or substances and those in gaseous form.
Scavenging within the Town of Plattekill is prohibited. As used herein,
scavenging shall include the removal of recyclables set out for collection.
Violation of §§
85-3 and
85-4 of this chapter shall be punishable as follows:
A. For a first conviction: a written warning, with no fine.
The violator will be given a set of verbal or written instructions on how
to recycle. The Recycling Coordinator will keep a record of the first violation
at the Plattekill Town Hall and at the Plattekill Recycling Center.
B. For a second conviction within one year: a fine of not
less than $25 nor more than $75.
C. For a third conviction within one year: a fine of not
less than $75 nor more than $150.
D. For a fourth and each subsequent conviction within one
year: a fine of not less than $150 nor more than $250.
This chapter shall take effect upon publishing and posting and upon
filing a copy with the Secretary of State; provided, however, that in order
to effect an orderly implementation of this chapter, taking into account market
conditions, availability of containers and other equipment and other such
factors as may bear upon the effectiveness of this chapter, the Board is empowered
to phase in the application of this chapter to recyclable materials, other
than newspapers, by public notice published in two newspapers of general circulation
within the Town of Plattekill, no less than 60 days prior to the date of application
of this chapter to recyclable material other than newspapers. Notice given
pursuant to this section shall include a description of the containers or
other methods to be used for the placing of recyclables for pickup.