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HomeMy WebLinkAbout1992_10_21_Local_Law_No_9 e • r• f 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 1 I 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 I 2 f 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 1 3 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. 4 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. t 5 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. I 6 l 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: ( 7 (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 8 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. f 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 9 i 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. I 10 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. Z1