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HomeMy WebLinkAbout1990_3_15_Local_Law_No_1 LOCAL LAW 1 - 1990 A LOCAL LAW enacting a newspaper recycling law BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows: WHEREAS, along with many communities, the Town is'faced with an increasing problem with respect to the disposal of municipal solid waste; and WHEREAS, existing final waste disposal capacity is limited; and WHEREAS, volumes of solid waste in Westchester County are expected to increase; and WHEREAS, the State of New York enacted legislation which will, as of September 1, 1992, require municipalities to enact ordinances mandating the recycling of components of the waste stream for which recycling is feasible and for which markets exist where the full avoided costs of proper collection, transportation and disposal of source separated materials are equal to or greater than the net 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, the net cost of newspaper recycling currently being realized by Larchmont-Mamaroneck Joint Garbage Disposal Commission, also known as the Joint Sanitation Commission, is presently less than the full avoided cost of disposal; and WHEREAS, the recycling of newspaper 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 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 a residential building, structure or dwelling as such terms are defined in the Town's Zoning Law. This term includes both attached and detached dwellings, single-family and mutltif.amily buildings, structures and dwellings. The term "Commission" means the Larchmont-Mamaroneck Joint Garbage Disposal Commission, its officers, employees, agents and successors. The term "Newspaper" means clean, post-consumer newspapers only. 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 which it will accept for recycling. The term "Person in Charge" means the owner, leasee or responsible individual at the collection point. The term "Zoning Law" means Local Law No, 10 of 1984 and subsequent amendments adopted thereafter, Section 3, Permissible Placement of Newspapers for Collection. A. Any Newspapers as may be left by a resident or occupant of a Building for collection and recycling by the Commission shall be left for collection and recycling in accordance with regulations of the Commission specifying, with respect to such collection and recycling, the days, 1 times, locations, proper containers (if any), and any other matters deemed necessary to assure a safe and efficient newspaper collection and recycling program. Section 4. Special Requirements for Multiple Family Buildings. A. The Person of Charge of a multifamily building shall designate a common area in which newspapers for recycling are to. be accumulated in such multifamily building. B. The Person in Charge of a multifamily building shall be responsible for the placement of newspapers for collection and recycling in accordance with regulations of the Commission. C. The placement of newspapers by a tenant of a multifamily 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 tenant 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 notice thereof, Section 5. Prohibitions. A. Newspapers shall not be placed in containers holding other refuse for collection and disposal by the Commission. B, Materials and objects other than Newspaper shall not be mixed with Newspaper which has been left for collection and recycling by the Commission or its designee. C. Upon placement of Newspapers for collection and recycling pursuant to the requirements of Section 3, no person other than the Person in Charge of the building, or the Commission or its designee shall remove or disturb such Newspaper. Nothing in the preceding sentence shall limit any prohibitions or responsibilities set forth elsewhere hereunder. Section 6. Exemptions, A. The Commission may in its discretion grant exemptions from the provisions of this local law 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: 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 7. Enforcement. A. This local law shall be implemented in accordance with the following schedule: i. Beginning not less than thirty (30) days from the effective date of this Local Law, the Commission or its designee shall conduct random inspections of containers holding refuse for collection and disposal in order to detect any instances of non-compliance with this local law. ii. If, within one-hundred and twenty (120) days of the effective date of this local law, any person places Newspaper in a container holding other refuse for collection and disposal, the Commission shall issue warnings to such persons explaining the penalties to which such person may become subject upon the discovery of continuing non-compliance. Such warnings may be personally delivered by the Commission or posted to the address where the non-compliance was detected by United States mail. In addition, the Commission may place adhesive warning labels on the containers in which Newspaper was illegally placed. iii. Beginning on the one-hundred and twentieth (120th) day following the effective date of this local law, violations will be subject to penalty as set forth in §%8 below. However, one (I) Notice of Violation shall be issued to the Person in Charge prior to the imposition of any penalties hereunder, Section 8. Penalties, A. Where Newspaper is placed in a refuse 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 shall 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 Newspaper from such container prior to subsequent general refuse collection, B. Where materials other than Newspaper are left for pickup as Newspaper in accordance with Section 3A, the Comoission�or its designee may, in its discretion, decline to collect any and all of the contents of such container, and shall 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 Newspaper from the container prior to subsequent Newspaper collection, C. Any violation of this local law shall constitute a violation and be punishable by a fine of up to two hundred and fifty dollars ($250) for each such violation or 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 refuse to be left for collection and disposal for a period not to exceed one year. Section 9. Conflicting Laws Superseded, In the event the provisions of this local law and the provisions of another ordinance or local law are in conflict, this law shall supersede said conflicting ordinance or local law. Section 10. 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 11. Miscellaneous. A. Nothing in this local law shall he construed to prohibit the retention of Newspapers by any person. B. Nothing in this local law shall he construed to prohibit any person from dropping off Newspaper at a recycling facility designated by the Commission. C. Nothing in this local law shall be construed to prohibit any person from transferring Newspaper privately through sale or gift provided that in no event shall such Newspaper he left at the curb for any private pick--up. Section 12, When effective, This local law shall become effective ninety (90) days after publication and posting as required by law.