Town of Queensbury, NY Recycling

This chapter shall be titled "A Local Law Providing for Mandatory Collection, Source Separation and Segregation of Recyclables or Reusable Material from Solid Waste."

§ 133-2 Statutory authority.

The authority for this chapter is General Municipal Law § 120-aa and Municipal Home Rule Law § 10 of the State of New York.

§ 133-3 Legislative history and purpose.

Over the years, Americans and, indeed, many other peoples of countries around the world have come to realize that many natural resources which are being depleted are not always readily replenishable and are not always replaceable with substitutes. Furthermore, environmental concerns and negative impacts of disposing of solid waste by burying the same in landfills has become apparent.

Federal, state, county and local governments have begun to address the above issues in many different ways. More recently and closer to home, the New York State Legislature has adopted legislation which authorizes and requires municipalities to institute mandatory collection and separation of recyclables or reusable material from the solid waste stream.

The Town of Queensbury is fully supportive of the above referenced actions and views recycling of appropriate solid waste as an opportunity to better the environment and an economically sound method in which to take advantage of natural resources.

The purpose of this chapter, therefore, is to mandate recycling, encourage public awareness and education and encourage the growth of the business of recycling and hence its environmental benefits, as well as its economic benefits. By taking this action, it is the intention of the Town Board to not only save taxpayers' money for solid waste collection, but also taxpayers dollars consumed in terms of maintaining and operating solid waste management facilities such as landfills.

§ 133-4 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

COMMERCIAL SECTOR

Businesses, including, without limitations, retail and wholesale stores, banks and financial institutions, business and professional offices, personal service establishments, hotels, motels and other tourist accommodations, tourist attractions, mortuaries and funeral homes, restaurants, pet shops, veterinary establishments, medical offices, automobile sales establishments, gasoline stations, car washes and agricultural endeavors and any other business endeavors not specifically stated herein.

DIRECTOR

The person appointed by the Town Board to administer and supervise the Town's recycling and solid waste management program.

DROPOFF AREA

Any area designated from time to time by the Director where persons can bring recyclables for aggregation and further transport to a solid waste management facility.

HOUSEHOLD COLLECTION

The practice whereby solid waste, including separated recyclables, generated by the residential sector is placed at or near the roadside or other appropriate location at residential property, to be picked up by a commercial hauler for transportation to a solid waste management facility.

INDUSTRIAL SECTOR

Establishments primarily concerned with manufacturing or other substantial physical or chemical materials processing operations, including, without limitation, manufacturing establishments, warehouses, wholesale distributors, freight and trucking terminals and heavy machinery sales, service and repairs.

INSTITUTIONAL SECTOR

Public, charitable and similar establishments, including schools, churches, hospitals, psychiatric centers, government offices and garages and nursing homes.

RECYCLABLES

The following materials: newsprint, clear glass containers, tin cans, high density polyethylene (HDPE) plastic containers, garden and yard waste, motor vehicle tires and scrap metal, including miscellaneous iron, steel and white metals (appliances). The Director may modify this definition at his or her discretion in accordance with § 133-5A(4) hereof and subject to Town Board approval.

RESIDENTIAL SECTOR

Single- and multiple-family residences, duplexes, townhouses, condominiums, boardinghouses, dormitories, mobile home parks, seasonal residences and camps.

§ 133-5 Source separation of recyclables.

Generally.

(1)

It shall be a violation of this chapter for any person to dispose of recyclables otherwise than as provided by this chapter, except that a finding of a violation by a commercial hauler or employee or agent thereof shall be in accordance with Subsection D(2) hereof.

(2)

All persons shall separate recyclables from other solid waste when preparing them for transportation, collection, pickup or removal by placing recyclables in one or more separate containers in accordance with rules adopted by the Town Board. It shall be a violation of this chapter for any person to place for household collection or deliver to a dropoff area or a solid waste management facility a container which contains recyclables mixed with other solid waste.

(3)

Recyclables delivered to a dropoff area or a solid waste management facility shall be prepared in accordance with all rules adopted or promulgated by the Town Board, which shall be filed with the Town Clerk. Rules for preparation may include but shall not be limited to:

(a)

Removal of glossy inserts and wet or damp materials from newsprint;

(b)

Washing and flattening of metal containers;

(c)

Washing of and removal of caps and lids from plastic containers;

(d)

Washing of and removal of caps and lids from glass containers;

(e)

Removal of broken glass;

(f)

Placement in designated or properly labeled containers; and

(g)

Sorting of different categories of recyclables.

(4)

The Director may from time to time determine that certain materials contained in solid waste generated or brought within the Town are recyclables or that certain materials included or hereafter included in this chapter's definition of recyclables are no longer recyclable. Upon any such determination, the Director shall submit a written report to the Town Board recommending that such materials be added to or deleted from the definition of recyclables and providing the reasons and data supporting such inclusion or deletion.

(5)

In making recommendations pursuant to this subsection, the Director may recommend that a material be recyclable only for the residential sector, commercial sector, industrial sector or institutional sector or any combination thereof.

Procedures for residential sector. All recyclables shall be properly prepared and separated from all solid waste left for collection by a commercial hauler or generated and delivered to a solid waste management facility by a person in the residential sector.

Procedures for the commercial, industrial and institutional sectors. All recyclables shall be properly prepared and separated from all solid waste left for collection by a commercial hauler by a person in the commercial, industrial and institutional sectors or generated and delivered by a person in the commercial, industrial and institutional sectors to a solid waste management facility.

Disposal of collected recyclables by commercial haulers.

(1)

Commercial haulers engaged in collecting recyclables generated within the Town by residential, commercial, industrial or institutional sectors or who dispose of wastes in the Town's solid waste management facility shall keep recyclables separated from other solid wastes and shall handle recyclables in such a manner that they are not contaminated or destroyed.

(2)

With respect to only commercial haulers, it shall be a violation of this chapter for any commercial hauler to knowingly collect, handle or dispose of recyclables otherwise than as provided by this subsection. In the event a commercial hauler collects, handles or disposes of recyclables other than as provided by this chapter as a result of inadvertent collection from residential, commercial, industrial or institutional sectors, upon discovery, the commercial hauler shall take the following actions:

(a)

The commercial hauler shall attempt to separate, where practical, recyclables from solid waste before delivering solid waste to a solid waste management facility.

(b)

The commercial hauler shall notify the municipality of any generators who have discarded recyclable items with other solid waste.

(c)

At the request of the municipality, the commercial hauler shall provide warning notices to generators who have discarded recyclable items with other solid waste.

§ 133-6 Disposal of recyclables.

Recyclables:

Shall only be disposed of by persons in the residential, commercial, industrial or institutional sector or commercial haulers at:

(1)

A New York State DEC permitted materials recycling facility;

(2)

The solid waste management facility designated by the Director;

(3)

A deposit refund center;

(4)

A manufacturing or processing facility utilizing recyclables in its manufacturing or processing operation; or

(5)

A recycling facility approved by the Director; or

May be retained for personal use or commercial use of or by any persons in the residential, commercial, industrial or institutional sectors or by the commercial haulers.

§ 133-7 Rules, regulations and public education.

The Town Board shall have the power to adopt and promulgate, amend and repeal such rules and regulations as may be recommended by the Director or which, in its discretion, are necessary or desirable to carry out, interpret, and enforce the intent and purposes of this chapter. Notwithstanding this power, any failure to adopt and promulgate such rules and regulations shall not impair the enforceability of this chapter.

The Director or such other persons as may be assigned the task by the Town Board shall develop, subject to Town Board approval, a comprehensive, innovative and effective public education program concerning the requirements of this chapter and any amendments, the overall value of recycling and waste reduction and any related public programs.

§ 133-8 Enforcement; penalties for offenses.

The Director and any other person designated by the Town Board shall be authorized to inspect solid waste left for collection, loads of solid waste being transported within the Town of Queensbury and solid waste being disposed of at any duly designated dropoff area or solid waste management facility in the Town for the purpose of determining if any person has failed to comply with the provisions of any section of this chapter.

The Director and any other person designated by the Town Board shall be authorized to turn away and deny access to any person or commercial hauler delivering a mixed load of solid waste which includes or contains recyclable materials to a duly designated solid waste facility in the Town.

Each commission of a single act of violation shall constitute a separate violation of this chapter, and each day of such violation shall constitute a separate offense, which may be punished and prosecuted as such.

The violation of this chapter shall be punishable by a fine as described below. The following fines may be levied upon any person convicted of violating this chapter:

[Amended 6-3-1991 by L.L. No. 8-1991]

(1)

For a first conviction: a warning.

(2)

For a second conviction: up to $25.

(3)

For a third conviction: up to $250.

(4)

For any subsequent conviction: up to $2,500.

A violation of this chapter by employees or agents of any business, corporation, partnership or proprietorship within the commercial, industrial or institutional sectors or of any commercial hauler shall be considered to be a violation by the commercial, industrial or institutional business corporation, partnership or proprietorship and the commercial hauler.

§ 133-9 Enforcement date.

Enforcement of this chapter shall not commence until May 20, 1991, and no person or business entity shall be held liable for any penalty or charged with any liability or responsibility hereunder for any action or omission arising or occurring prior to 12:00 midnight of May 19, 1991.