To promote recycling and reduce the amount of the solid waste transported to landfills and other disposal sites, the following recycling program for the separation of recyclables from garbage and rubbish in the town is hereby established.
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PLACEMENT or PLACED FOR COLLECTION. Those items defined as recyclables, from the time they are placed at the curbside or any other approved location for collection by the town or its contracted hauler until the time of actual collection by the town or its contracted hauler.
RECYCLABLES. Material having an economic value in the secondary materials market. The materials that have such economic value include, but are not limited to:
(1) Cans - aluminum, bi-metal and steel cans;
(2) Bottle glass - clear, green and amber colored glass;
(3) Paper - newspapers, magazines, computer printout paper, office paper, corrugated cardboard and other paper products;
(4) Plastics - plastics containers Grade 1 through 7;
(5) "PETE" (polyethylene teryshthalate) plastic bottles or containers; and
(6) Any other materials defined as recyclables in the contract for services by and between the town and its refuse and recycling hauler or that may be deemed recyclable materials.
RESIDENCE or RESIDENTIAL. Single, duplex, triplex, and quadplex residential dwelling units.
(B) Separation of recyclables and placement for removal.
Recyclables shall be properly prepared and separated from other refuse by each residential customer and shall be collected by the town or its contracted hauler. Recyclables shall either be placed at the curbside or other approved location, properly separated in approved recycling containers, for collection at dates and times designated by the town or taken to an approved recycling facility.
(C) Collection by unauthorized person.
(1) From the time recyclables are placed for collection at the curbside or other approved location, the recyclables shall be the exclusive property of the town or its authorized contract hauler or collector. It shall be a violation of this section for
any person or entity, not authorized by the town, to collect, pick up, destroy, take possession of or cause to be collected any recyclable items after they are placed for collection in accordance with this section. Any and each such collection in violation hereof from each location shall constitute a separate and distinct offense punishable as hereinafter provided.
(2) It shall be unlawful and a violation of this section for any person, entity or resident to collect, remove or dispose of any solid waste which contains recyclables.
(D) Violation, penalties and remediation.
(1) Any person, firm, corporation or other entity who violates or causes to be violated § 50.13(C)(1) shall be fined not less than $10 nor more than $500 for each violation. Each collection in violation of this section shall constitute a separate and distinct violation.
(2) Upon the first occurrence of any violation of § 50.13(C)(2), the contract hauler shall pick up all refuse or recyclable materials, except items containing putrescibles, for proper processing, disposal or recycling. The contract hauler shall also immediately complete a "notice of non-compliance", on a form approved by the Director of Administration, noting the reasons for noncompliance with this section, and leave the notice with the customer, record the date and address of the non-complying customer and retain a copy of the notice delivered.
(3) Upon the second or any ensuing occurrence by the same customer, the contract hauler shall leave any improperly prepared or non-recyclable material at the curbside, collect all properly prepared recyclable material and complete a "notice of non-compliance" and deliver it to the customer after recording the address and date of the violation. Upon the second and each ensuing occurrence, the contract hauler shall provide an accurate copy of the "notice of noncompliance", and any other pertinent information, to the office of the Clerk-Treasurer for remediation by the town.
(E) Additional methods of disposal. Any person may donate or sell any recyclable to any other person or entity, whether operating for profit or not-for-profit, so long as the collection of same does not violate any of the provisions or requirements of this section concerning the placement or collection of recyclables by the town or its designated hauler.
(Ord. 1998-16, passed 6-29-98)