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LOCAL LAW 9 - 1992
A LOCAL LAW regulating the disposal of solid waste and requiring the
source separation and segregation of recyclable or reusable materials.
BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows:
WHEREAS, the orderly collection of solid waste serves the public
interest; and
WHEREAS, along with many communities, the Town of Mamaroneck is faced
with increasing difficulty with respect to the disposal. of municipal
solid waste due to increased awareness of the environmental effects of
solid waste disposal and the limited resources available for receipt of
solid waste; and
WHEREAS, volumes of solid waste in Westchester County are expected to
increase and existing final waste disposal capacity is limited; and
WHEREAS, the State of New York has enacted legislation which will, as of
September 1, 1992, require municipalities to enact ordinances requiring
that solid waste which is left for collection or which is delivered by
the generator of such waste to a solid waste management facility, be
separated into recyclable, reusable or other components for which
economic markets for alternate uses exist, that is, where the full
avoided costs of proper collection, transportation and disposal of
source separated materials are equal to or greater than the cost of
recycling, defined as the cost of collection, transportation and sale of
such materials less the amount received from the sale of said materials;
and
WHEREAS, recycling serves the public interest by reducing solid waste,
by reducing pollution of the environment and by conserving natural
resources;
NOW, THEREFORE, LET IT BE ENACTED as follows:
Section 1. Purpose.
It is the purpose of this local law to promote the orderly
collection of solid waste and the recycling of certain materials and to
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comply with Section 120-aa of the General Municipal Law of the State of
New York as enacted in Section 23 of the Solid Waste Management Act of
1988 , Chapter 70 of the 1988 Laws of New York State.
Section 2 . Definitions.
The term "Building" means any enclosed structure having a
roof and intended to be used for residential, commercial or industrial
purposes.
The term "Bulky Metals" means stoves, refrigerators, dishwashers,
dryers, washing machines, air conditioning units, boilers, freezers,
water tanks, lawn mowers, metal window and door frames, other large
metal appliances and any other items as may be determined from time to
time by the Commission.
The term "Bulky Waste" means furniture, including but not limited
to beds, mattresses, chairs, tables, rugs and carpets, wood, windows,
linoleum, magazines, books and any other items as may be determined from
time to time by the Commission.
The term "Commission" means the Larchmont-Mamaroneck Joint Garbage
( Disposal Commission, its officers, employees, agents and successors.
The term "Demolition Debris" means concrete, masonry, wood,
plaster, aluminum or other siding material, wire, asphalt, ceramics,
tiles, sheetrock, stones, bricks, clay pipes, concrete pipe and other
by-product of a new construction activity, renovation or rebuilding or
other modification to a structure, appurtenances and grounds and any
other items as may be determined from time .to time by the Commission.
The term "Municipally Collected Solid Waste" means residential,
commercial and industrial waste that decomposes rapidly and other waste
material routinely produced, such as food waste (food remains and
containers) , and refuse and residue which are collected by the
Commission or Commission contractors.
The term "Newspaper" means clean, post-consumer newspapers
including inserts. The term does not include newspaper which has been
used for purposes inconsistent with recycling, including, but not
limited to, the wrapping of putrescible materials, packaging, or
painting. The Commission may in its discretion further restrict the
character of newspaper included in the term "Newspaper" .
The term "Person in Charge" means the owner, lessee, or occupant of
the Building and, in the case of a multiple-occupant Building, the term
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shall mean, at the option of the Town of Mamaroneck, the owner or the
party so designated by the owner.
The term "Person" means any individual, firm, company, association,
society, corporation, partnership, or any other legal entity.
The term "Recyclables" means such items as may be determined from
time to time by the Commission and may include such items as paper,
Newspaper, glass, metals, plastics.
The term "Solid Waste" means all residential, governmental,
commercial and industrial waste, refuse and residue collected and
disposed of by municipal or private collection.
The term "Yard Waste" means such materials as shall be determined
from time to time by the Commission and may include such items as brush,
tree branches, twigs, grass and shrub clippings, weeds and leaves.
Section 3 . Required Containers and Storage.
A. Every Person in Charge within the Town of Mamaroneck is hereby
required to provide metal or plastic containers sufficient in number and
{ capacity to store Solid Waste which may accumulate on such premises and
keep all such S-lid Waste in such containers. The containers shall be
of such size and type as may be required from time to time by the Town
of Mamaroneck or the Commission. The Commission may in its sole
discretion permit the use of plastic bags in lieu of metal or plastic
containers. All containers shall be stored in the manner required by
the Town of Mamaroneck or the Commission.
B. Municipally Collected Solid Waste shall be placed in water-
tight metal or plastic containers, having a capacity not to exceed
thirty (30) gallons, with tight-fitting metal or plastic covers. The
weight of any such container and its contents shall not exceed seventy-
five (75) pounds. No portion of any such container shall be located
below the surrounding grade level, except as specifically permitted by
the regulations of the Commission. Material which is not self-contained
shall be placed in suitable containers so as to prevent scattering or if
such material is too large to be placed in containers, then such
materials shall be bundled and securely tied. Such bundles shall not
exceed four (4) feet in length. Any tree branches included in such
bundles shall not exceed six (6) inches in diameter. No container or
bundle shall exceed seventy-five (75) pounds in weight.
C. The Town of Mamaroneck or the Commission may require the use of
specific metal containers, such as dumpsters, by multiple-family
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residential, commercial and industrial buildings. Such containers, as
may be required by the Town of Mamaroneck or the Commission, shall be
located in enclosures which shall screen the containers from view. Such
enclosures:
(i) shall be constructed of stockade fence material with
hinged gates and with latches to hold the gates closed; and
may be constructed of other material with the approval of
the Town of Mamaroneck Board of Architectural Review; and
(iii) shall have a height of the greater of five (5) feet or
twelve (12) inches higher than the containers which they
enclose.
D. Prior to 'construction of any enclosure, a fence permit must be
obtained from the Building Department of the Town of Mamaroneck. If the
Commission provides collection services for the Building, the Building
Department shall not issue a permit without obtaining the approval of
the Commission.
E. The owner of any Building which, prior to the effective date of
this local law, has an enclosure to house all the containers which are
required to be enclosed hereunder shall not be required to erect a new
enclosure even if the existing enclosure does not meet all of the
specific requirements of this local law provided that the existing
enclosure does screen the containers from view.
F. Construction of enclosures required hereunder must be completed
by April 15th, 1993 .
section 4 . Collection Procedures.
A. The Person in Charge shall cause Recyclables to be separated
from Solid Waste.
B. The Person in Charge shall place all material intended for
collection by the Commission where it will be readily accessible for
collection as follows:
(i) Residential Municipally Collected Solid Waste shall be kept in
a single location at the rear or side of the residence, or in a
garage (doors in an open or up position) . Municipally Collected
Solid Waste shall be set out for collection by 7: 00 a.m.
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Municipally Collected Solid Waste of commercial and
industrial Buildings shall be left for collection in accordance
with the regulations of the Commission.
(.iii) other material collected by the Commission or the Town of
Mamaroneck shall be placed on the curb (or if no curb, on the edge
of the property adjacent to the paved area of the street or
roadway, but not in the street or roadway) readily accessible to
the collection vehicle. Such material shall be set out for
collection by 7 : 00 a.m. If collection vehicles are required to
enter private property for collection of material, such entry will
be at the sole risk of the property owner.
(iv) Recyclables shall be placed for collection at curbside only
(or if no curb, on the edge of the street or roadway, but not in
the street or roadway) .
(v) There shall be no collection from residential, commercial or
industrial locations where snow and ice has not been cleared from
access pathways or driveways.
(vi) No material shall be placed for collection prior to sundown
of the day preceding the scheduled collection.
Section 5. Special Requirements for Multiple-Family Residential
Buildings.
A. The Person in Charge of a multiple-family residential Building
shall designate a common area in which Solid Waste is to be accumulated.
B. The Person in Charge of a multiple-family residential Building
shall be responsible for the placement of Solid Waste for collection in
accordance with regulations of the Commission and the Town of
Mamaroneck.
C. The placement of' Solid Waste by a lessee of a multiple-family
residential Building in an area other than the common area designated by
the Person in Charge shall be deemed a violation of this local law by
such lessee and not by the Person in Charge, provided that the Person in
Charge shall have properly designated a common area and shall have given
the tenant adequate notice thereof.
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Section 6, Special Requirements for Multiple-occupant Commercial
and Industrial Buildings.
A. The Person in Charge of a multiple--occupant commercial or
industrial Building shall designate a common area in which Solid Waste
is to be accumulated.
B. The Person in Charge of a multiple-occupant commercial or
industrial Building shall be responsible for the placement of Solid
Waste for collection in accordance with regulations of the Commission
and the Town of Mamaroneck.
C. The placement of Solid Waste by an occupant of a multiple-
occupant commercial or industrial Building in an area other than the
common area designated by the Person in Charge shall be deemed a
violation of this local law by such occupant and not by the Person in
Charge, provided that the Person in Charge shall have properly
designated a .common area and shall have given the occupant adequate
notice thereof.
Section 7 . Special Requirement for Certain Commercial and
Industrial Buildings.
owners and occupants of commercial and industrial Buildings whose
Solid Waste is not collected and disposed of by the Commission shall
provide for the collection of Solid Waste and shall also separate
Recyclables from other Solid Waste and provide for the collection and
recycling of the Recyclables in accordance with the rules and
regulations of the Commission.
Section 8— Disposal and Recycling of Yard Waste.
Yard Waste shall be collected and disposed of in accordance with
the rules and regulations of the Commission.
Section 9. Disposal of Bulky Metals.
Bulky Metals shall be collected and disposed of in accordance with
the rules and regulations of the Town of Mamaroneck.
Section la. Disposal of Bulky Waste.
Bulky Waste shall be collected and disposed of in accordance with
the rules and regulations of the Commission and the Town of Mamaroneck.
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Section 11. Limitations on Collections.
The following materials will not be collected:
(i) Medical waste material from hospitals, health care facilities,
funeral establishments, and any other facility, including private
residences which house medical offices.
(ii) Material classified as toxic waste by 6 NXCRR Part 366, The
Identification and Listing of Hazardous ' Wastes Pursuant to Article 27 ,
Title 9 of the Environmental Conservation Law, or any ensuing
legislation more restrictive than currently in force.
(iii) Demolition Debris.
Section 12 . Prohibitions.
A. Recyclables shall not be placed in containers holding other
Solid Waste.
f B. Materials and objects other than Recyclables shall not be mixed
with Recyclables which have been left for collection.
C. Upon placement of Solid Waste for collection pursuant to the
requirements of this local law, no Person other than the Person in
Charge, or the Commission or its designee (or a private carter with
respect to Buildings whose Solid Waste, or any portion thereof, is not
collected- and disposed of by the Commission) shall remove or disturb
such Solid Waste. Nothing in the preceding sentence shall limit any
prohibitions or responsibilities set forth elsewhere hereunder.
D. The owners and occupants who are subject to Section 7 shall not
mix Recyclables with other Solid Waste and shall not mix other materials
and objects with Recyclables.
Section 13 . Exemptions.
A. The Commission may in its discretion grant exemptions from the
provisions of this local law with respect to Recyclables on a case-by-
case basis. In granting exemptions, the Commission shall give due
consideration at least to the following factors, as relevant, in
relation to the particular responsibility under this local law sought to
be relieved:
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(i) any physical or mental disability of the party seeking relief;
(ii) evidence that the party seeking relief from any economic
burden which may be imposed hereunder, such as, the mandatory
purchase of, or placement of a deposit upon a recycling container,
would be unduly burdened by such economic burden.
B. Relief hereunder shall be granted, upon such terms and
conditions as the Commission may consider just.
Section 14 . Enforcement.
The Commission may promulgate such regulations as it deems
necessary to effect the provisions of this local law. Any regulations
promulgated by the Commission which will directly impact the residents
of the Town of Mamaroneck shall be subject to the approval of the
Mamaroneck Town Council.
Section 15. Littering.
No Person shall, within the Town of Mamaroneck, drop, deposit or
( otherwise dispose of any refuse in any public places except within
containers pro—ded Iny the Town of Mamaroneck.
Section 16. Cleaning of the Sidewalks.
Each day, except Sundays and legal holidays, the sidewalk of each
business establishment shall be swept clean prior to 10:00 a.m. and such
material shall not be swept into the roadway but shall be placed in
containers as required by this local law. Each store occupant (i.e. the
Person in Charge of the business being conducted at the store) is
responsible for keeping the sidewalk in front of his store clean during
business hours.
Section 17 . Sanitation of Premises.
No Person shall, within the Town of Mamaroneck, allow, permit or
cause to exist any unsanitary or filthy condition in or about any
premises owned and/or used or occupied by such Person.
Section 18. Use of Public Garbage Receptacles.
A. No Person shall place or cause to be placed in any public
garbage receptacle in the Town of Mamaroneck any bag, the largest side
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dimension of which exceeds 10" by 1511 , which contains any objects within
it.
B. No Person shall place or cause to be placed in any public
garbage receptacle any box with a capacity in excess of 350 cubic
inches. Discarding of such boxes in public receptacles is prohibited
even if they are crushed, compacted, cut up or torn up.
C. No Person shall empty into a public garbage receptacle any bag
or box of a capacity described in paragraphs A and B above.
D. No Person shall deposit in any public garbage receptacle any
household garbage such as: containers which are emptied prior to being
removed from the household; wrapping or packaging which was removed
within the household from the object(s) wrapped or packaged.
E. No Person operating or employed by a commercial or industrial
establishment shall place any garbage emanating from the commercial or
industrial establishment in any public garbage receptacle.
Section 19. Penalties.
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A. Where Recyclables are mixed with other Municipally Collected
Solid Waste in a container intended for collection and disposal, the
Commission or its designee may, in its discretion, decline to collect
any and all of the contents of such container, and may leave a notice
with the container noting the Commission's or its designee's action. In
the event the Commission or its designee declines to collect under this
provision, it shall be the responsibility of the Person in Charge at the
collection point to remove said Recyclables from such container prior to
subsequent collection.
B. Where materials other than Recyclables are left for pickup as
Recyclables in accordance with this local law, the Commission or its
designee may, in its discretion, decline to collect any and all of the
contents of the container and may leave a notice with the container
noting the Commission's or its designee's action. In the event the
Commission declines to collect under this provision, it shall be the
responsibility of the Person in Charge at the collection point to remove
all materials other than Recyclables from the container prior to
subsequent collection.
C. Any violation of this local law shall be punishable by a fine
of up to two hundred and fifty dollars ($250) for each such violation or
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by imprisonment for the third and each subsequent offence within a one
year period not to exceed fifteen (15) days or both.
D. Any Person violating the provisions of this local law may be
required by the Commission to use clear plastic bags as prescribed by
the Commission for Municipally Collected Solid Waste to be left for
collection and disposal for a period not to exceed one year.
Section 20 . Applicability.
This ordinance shall apply only to that part of the Town of
Mamaroneck outside of incorporated villages, and whenever and wherever
the words "Town of Mamaroneck" are used, such words shall mean the Town
of Mamaroneck outside of incorporated villages.
Section 21. Conflicting Laws Superceded.
In the event the provisions of this local law and the provisions of
another ordinance or local law are in conflict, this law shall supercede
said conflicting ordinance or local law. This local law supercedes
{ Chapter 30 of the General Ordinances of the Town of Mamaroneck enacted
on March 14, 1990 and Local Law 1-1990.
Section 22 . Severability.
Should a court of competent jurisdiction declare any provisions of
this local law invalid, such declaration of invalidity shall not affect
any other provision of this local law.
section 23 . Miscellaneous.
A. Nothing in this local law shall be construed to prohibit the
retention of Recyclables by any Person.
B. Nothing in this local law shall be construed to prohibit any
Person from dropping off Recyclables at a recycling facility designated
by the Commission.
C. Nothing in this local law shall be construed to prohibit any
Person from transferring Recyclables privately through sale or gift
provided that in no event shall such Recyclables be left at the curb for
any private pick-up.
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D. Nothing in this local law shall be construed to prohibit the
private composing of Yard Waste by any Person on his own property
provided all other laws, rules and regulations with respect thereto are
complied with.
Section 24 . When effective.
This local law shall become effective immediately upon filing with
the Secretary of State.
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