[Adopted 10-11-1989 by L. L. No. 5-1989]
This article shall be cited and may be referred to hereinafter as the
"Mandatory Recycling Law of the Town of Putnam Valley."
It is the goal of the Town of Putnam Valley to facilitate the disposal
of solid waste generated within the town in the most economical and environmentally
acceptable manner and to reduce the total amount of solid waste disposed of
by the town. This program is further designed to protect the health and safety
of the residents of the town.
As used in this article, the following terms shall have the meanings
indicated:
Any solid waste management plant or site under contract with or approved
to receive solid waste originating within the Town of Putnam Valley.
A contractor providing collection of solid waste services in the town, under license issued by the town pursuant to Article II, Licensing of Carriers, of this chapter.
A contractor approved by or under contract with the Town of Putnam
Valley or other agency to provide collection of recyclables for remanufacture
or reuse.
Solid waste consisting of paper, glass, metal, plastic and such other
materials that can be remanufactured or reused.
Any combination of structure, machinery and facilities used for the
off-loading of recyclables from collection vehicles, the processing of recyclables
and the reloading of recyclables into vehicles for marketing.
Materials or substances discharged or rejected as being spent, useless, worthless or in excess by owner at the time of such discard or rejection that may be collected by a garbage district or by private carters licensed pursuant to Article II, Licensing of Carriers, of this chapter.
The handling, removal, storage or disposal of solid waste, including
but not limited to placing or removing containers for solid waste on or from
sites within the town not owned by the person placing or removing the containers
and transporting solid waste from or to any of the locations within the town.
A.
All residents, commercial property owners and other generators
of solid waste shall separate recyclables from all solid waste and place them
out for collection in the manner prescribed by the Town Board.
B.
It shall be unlawful for a person to collect from a resident
and dispose of solid waste which consists of recyclables combined with other
forms of solid waste.
C.
It shall be unlawful for any person, other than a person
under contract with or approved by the Town Board and with a valid carter's
license, to collect, remove or dispose of recyclables set out for collection.
D.
The Town Board is empowered to designate the days of
the week on which recyclables shall be collected and removed from a particular
area. Recyclables shall not be collected or removed from any area except on
the day of the week designated by the Town Board nor shall they be put out
for collection on any other day.
A.
In order to effect an orderly implementation of this
article, taking into account the present and future market conditions, the
availability of recycling centers and other equipment and other factors that
may bear on the effectiveness of this article, the Town Board is hereby empowered
to phase in the application of this article by mandating the separation and
recycling of specific recyclables by resolution following a public hearing.
A.
Collectors and carters.
(1)
No person may engage in the business of collecting solid waste or recyclables in the Town of Putnam Valley without a valid carter's license issued by the town pursuant to Article II, Licensing of Carriers, of this chapter.
(2)
Any person who collects solid waste or recyclables without
such license or who collects and disposes of solid waste consisting of recyclables
combined with other forms of solid waste 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.
Residents, owners of commercial property or other generators
of solid waste who violate the terms of this article and Town Board regulations
adopted pursuant to this article shall be guilty of a violation, punishable
as follows:
(1)
By a fine of not less than $10 nor more than $25.
(2)
For a second conviction by a fine not less than $25 nor
more than $50.
(3)
For a third conviction by a fine of not less than $50
nor more than $100.
(4)
For a fourth and each subsequent conviction by a fine
of not less than $100 nor more than $250.
The following officials shall have the authority to issue appearance
tickets pursuant to the Criminal Procedure Law § 150.20, in the
enforcement of this article:
