LL 04 Recycling LBtN F� g NEV YORK STATE DEPARTMENT of STATF
162 VASHINGTON AVENUE, AL BOY, NY
12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not
use italics,,or underlining to indicate new matter.
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CUY of .................... UEENSB UR....Y
Town
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Local Law No. .......4........................................... of the year 19 .9.1...
A local law .P..R.O.11101N..G..F..O.R..A1.A.NPA.T..O..f.?..Y..G..Q. .L.EC.TIP N,..5QURCE.SEPARA.T/ON..AAD
(Insert Title)
SEGREGATION OF RECYCLABLES OR REUSABLE MATEP.IAL FROM SOLID WASTE
Be it enacted by the T.O.WN..B.OA.RD...........................................................................................................of the
(Name of Legislative Body)
)04"T3K
CiXXof ...............QUEENSB.UR.Y..................................................................................................as follows:
Town
SECTION 1. TITLE
This Local Law shall be titled: "A Local Law Providing for Mandatory
Collection, Source Separation and Segregation of Recyclables or Reusable
Material from Solid Waste."
t
SECTION 2. AUTHORITY
The authority for this Local Law is General Municipal Law §120-aa and
Municipal Home Rule Law §10 of the State of New York.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(1)
DOS4239 (Rev. 7/90)
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SECTION 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 Local Law, 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.
SECTION 4. DEFINITIONS
a) ".Commercial sector" shall mean businesses, including without
limitation 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
( 2 )
M
sales establishments, gasoline stations, car washes, and agricultural endeavors
and any other business endeavors not specifically stated herein.
b) "Household collection" shall mean 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.
c) "Director" shall mean the person appointed by the Town Board to
administer and supervise the Town's recycling and solid waste management
program.
d) "Drop-off area" shall mean 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.
e) "Industrial sector" shall mean 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.
f) "Institutional sector" shall mean public, charitable and similar
establishments, including schools, churches, hospitals, psychiatric centers,
government offices and garages, and nursing homes.
g) "Recyclables" shall mean 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 Section 3-
1(d) hereof and subject to Town Board approval.
h) "Residential sector" shall mean single and multiple family residences,
duplexes, townhouses, condominiums, boarding houses, dormitories, mobile home
parks, seasonal residences and camps.
(3 )
SECTION 5. SOURCE SEPARATION OF RECYCLABLES
1. GENERALLY
a) It shall be a violation of this Local Law for any person to dispose
of recyclables otherwise than as provided by this Local Law, except that a
finding of a violation by a commercial hauler or employee or agent thereof shall
be in accordance with paragraph 4. b) hereof.
b) 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 Local Law for any person
to place for household collection or deliver to a drop-off area or a solid waste
management facility a container which contains recyclables mixed with other
solid waste.
c) Recyclables delivered to a drop-off 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:
i) Removal of glossy inserts and wet or damp materials from
newsprint;
ii) Washing and flattening of metal containers;
iii) Washing of, and removal of caps and lids from plastic
containers;
iv) Washing of, and removal of, caps and lids from glass
containers;
v) Removal of broken glass;
vi) Placement in designated or properly labeled containers;
vii) Sorting of different categories of recyclables; and
(4)
} d) 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 Local Law'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.
e) In making recommendations pursuant to this subdivision, 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.
2. PROCEDURES FOR RESIDENTIAL SECTOR
All recyclables shall be properly prepared and separated from all
solid waste (i) left for collection by a commercial hauler or (ii) generated and
delivered to a solid waste management facility by a person in the residential
sector.
3. PROCEDURES FOR THE COMMERCIAL, INDUSTRIAL AND _
INSTITUTIONAL SECTORS
a) All recyclables shall be properly prepared and separated from all
solid waste (i) left for collection by a commercial hauler by a person in the
commercial, industrial and institutional sectors or (ii) generated and delivered
by a person in the commercial, industrial and institutional sectors to a solid
waste management facility.
4. DISPOSAL OF COLLECTED RECYCLABLES BY COMMERCIAL HAULERS
a) 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.
(5)
b) With respect to only commercial haulers, it shall be a violation of
this Local Law 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 Local Law as a result of inadvertent collection from
residential, commercial, industrial or institutional sectors, upon discovery the
commercial hauler shall take the following actions:
i) The commercial hauler shall attempt to separate, where
practical, recyclables from solid waste before delivering solid
waste to a solid waste management facility;
ii) The commercial hauler shall notify the municipality of any
generators who have discarded recyclable items with other
solid waste;
iii) At the request of the municipality, the commercial hauler shall
provide warning notices to generators who have discarded
recyclable items with other solid waste.
SECTION 6. DISPOSAL OF RECYCLABLES
Recyclables shall only be disposed of by persons in the residential,
commercial, industrial or institutional sector or commercial haulers at (i) a New
York State DEC permitted Materials Recycling Facility, (ii) the solid waste
management facility designated by the Director, (iii) deposit refund center, (iv)
manufacturing or processing facility utilizing recyclables in its manufacturing
or processing operation or (v) a recycling facility approved by the Director or
(vi) 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.
SECTION 7. RULES, AND 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 Local Law. Notwithstanding this
(6)
power, any failure to adopt and promulgate such rules and regulations shall not
impai-r the enforceability of this Local Law.
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 Local Law and any amendments, the overall value of recycling and waste
reduction and any related public programs.
SECTION 8. ENFORCEMENT AND PENALTIES FOR OFFENSES
a) The Director and any other person designated by the Town Board
shall be authorized to inspect:
i) Solid waste left for collection; and
ii) Loads of solid waste being transported within the Town of
Queensbury; and
iii) Solid waste being disposed of at any duly designated drop-
off 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 Local Law.
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 Local Law and each day of such violation shall
constitute a separate offense, which may be punished and prosecuted as such.
d) The violation of this Local Law shall be punishable by imprisonment
for not more than fifteen days, or by a fine as described below, or by both
such fine and imprisonment. The following fines may be levied upon any
person convicted of violating this Local Law:
(7 )
For a first conviction: A warning.
For a second conviction within a five year period: One
Hundred Dollars ($100.00) .
For a third conviction within a five year period: Two
Hundred Fifty Dollars ($250.00) .
iv) For any subsequent conviction within a five year period:
Five Hundred Dollars ($500.00) .
e) A violation of this Local Law 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.
SECTION 9. PRIOR LAWS
All other Local Laws and/or any part of a Local Law inconsistent herewith
are hereby repealed to the extent of such inconsistency.
SECTION 10. VALIDITY AND SEVERABILITY
If any section or part of this Local Law is declared invalid or
unconstitutional, it shall not be held to invalidate or impair the validity, force
or effect of any other section of this Local Law.
SECTION 11. EFFECTIVE DATE AND ENFORCEMENT DATE
a) This Local Law shall be effective as soon as the same is filed and
becomes law in accordance with the procedures of the Municipal Home Rule
Laws.
b) Enforcement of this Local Law 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 midnight of May 19, 1991.
(8 )
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
L (Final adoption by local legislative body only.)
hereby certify that the local law annexed hereto, designated as local law No. 4 of 19 91
►f the (§vpgty)(q)yA(Town)WjdWge) of _ QUEENSR IR Y was duly passed by the
TOE pI on q 19 -9 1 , in accordance with the applicable provisions of law.
ame of Legislative Body)
1. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer'.)
f hereby certify that the local law annexed hereto, designated as local law No. of 19
)f the (County)(City)(Town)(Village) of was duly passed by the
on 19 , and was (approved)(not disapproved)(repassed after
Name of egie at�ve Body)
lisapproval) by the and was deemed duly adopted on 19 ,
ectwe �e xeeutrve Officer')
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
Df the (County)(City)(Town)(Village) of was duly passed by the
on 19 , and was (approved)(not disapproved)(repassed after
Name of LegislativeBody)
disapproval) by the on 19 Such local law was
Elective Chief Executive Officer*)
submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
19_, in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referndum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
Df the (County)(City)(Town)(Village) of was duly passed by the
on 19_, and was (approved)(not disapproved)(repassed after
Name of Legu alive Body
disapproval) by the on 19 Such local law was subject to
(Elective Chief xeculive Officer
permissive referendum and no valid petition requesting such referendum was filed as of 19_
in accordance with the applicable provisions of law.
'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a
county-wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city
or village, or the supervisor of a town where such officer is vested with the power to approve or veto local
laws or ordinances.
(9)
5.,(,City loc#1 law concerning Charter revision proposed by petition.)
I"hereby certify that the local law annexed hereto, designated as local law No. of 19
of the City of having been submitted to referendum pursuant to
the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote
of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on .
19`, became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the County of , State of New York; having been submitted to
the electors at the General Election of November 19_, pursuant to subdivisions 5 and 7 of
section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns
of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropritate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that
the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted
in the manner indicated in paragraph 1 , above.
ec a ty igie ative y, own r Clerk
or officer designated by local lesileativa Rady
(Seal) Date: April23, 1997
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF Warren
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had or taken for the enactment of the local law annexed hereto.
,g ra
Town Attorne
Title
Qky of Oueensbury
Town
)(xllttge
Date:
04/29/91
The following material h.:as been
rec:e;i.ved and will be processed for
inclusion in your Code as supplemental
pages (where applicable):
local Law No,. 4.
Town of QUeensbury
C/O Clerk's Office
531 hay Road
Queensbury, NY 12804
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NYS DEPARTMENT OF STATE
BUREAU OF STATE RECORDS MUNICIPALITY
162 Washington Avenue
Albany, NY 12231.0001 -- -Townof Queensbury
LOCAL LAW(S) NO. YEAR FILING DATE
DATE: 4/30/91 � - 4 25
/91
Local Law Acknowledgment
The above-referenced material was received
I— Darleen M. Dougher-Town Clerk —I and filed by this office as indicated.
Town of Queensbury
Town Office Building-531 Bay Road
Queensbury, NY 12804
Additional local law filing forms will be
I_ —I forwarded upon request.
DOS-236 (Rev. 6/90)