[HISTORY: Adopted by the Town Board of the Town of Queensbury 4-22-1991
by L.L. No. 4-1991. Amendments noted where applicable.]
This chapter shall be titled "A Local Law Providing for Mandatory Collection,
Source Separation and Segregation of Recyclables or Reusable Material from
Solid Waste."
The authority for this chapter is General Municipal Law § 120-aa
and Municipal Home Rule Law § 10 of the State of New York.
A.
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.
B.
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.
C.
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.
D.
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.
As used in this chapter, the following terms shall have the meanings
indicated:
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.
The person appointed by the Town Board to administer and supervise
the Town's recycling and solid waste management program.
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.
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.
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.
Public, charitable and similar establishments, including schools,
churches, hospitals, psychiatric centers, government offices and garages and
nursing homes.
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.
Single- and multiple-family residences, duplexes, townhouses, condominiums,
boardinghouses, dormitories, mobile home parks, seasonal residences and camps.
A.
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.
B.
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.
C.
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.
D.
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.
Recyclables:
A.
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
B.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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]
E.
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.
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.
