[HISTORY: Adopted by the Town Board of the Town of Bedford 8-16-1983 by L.L. No.
1-1983; amended in its entirety 5-1-2012 by L.L. No.
4-2012.[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: This local law amended in its entirety
former Art. I, Collection, adopted 8-16-1983 by L.L. No. 1-1983, as
amended, and repealed former Art. II, Recycling, adopted 8-18-1992
by L.L. No. 1-1992.
§ 67-1 Title.
§ 67-2 Purpose.
§ 67-3 Definitions.
§ 67-4 Precollection practices.
§ 67-5 Collection practices.
§ 67-6 Registration of collectors; permit required.
§ 67-7 Complaints.
§ 67-8 Disposal and/or recycling of collected material.
§ 67-9 Responsibilities of collector; reporting; administration and enforcement.
§ 67-10 (Reserved)
§ 67-11 Collection fees.
§ 67-12 Enforcement; penalties for offenses.
§ 67-13 Deadline for commencing actions.
§ 67-14 Severability.
§ 67-15 Conflicting laws.
§ 67-16 Effect of chapter on existing waste containers.
§ 67-1 Title.
This chapter shall be known and cited as "Refuse and Recycling
Collection Law of the Town of Bedford."
§ 67-2 Purpose.
A.
The purpose of this chapter is to maintain and promote the orderly
collection of refuse, as defined below, and recyclables from residential
and commercial entities in the most efficient and economical manner
possible within the Town of Bedford, while at the same time serving
the public convenience and promoting the recycling of glass, metal,
plastics, newspapers, cardboard and other designated materials. It
is the policy of the Town of Bedford that the accomplishment of these
purposes may best be achieved by the Town's regulation of refuse
and recyclables collection services provided by private or public
collectors, as defined below, and the establishment of procedures
for such collection in favor of the public interest. This chapter,
therefore, embodies the Town's standards, requirements and procedures
for the regulation of the refuse collection and recycling industries
within the Town of Bedford.
B.
The Town plan for recycling and waste reduction is intended to be
consistent with the goals set forth in the December 2010 report published
by the New York State Department of Environmental Conservation, Beyond
Waste: A Sustainable Materials Management Strategy for New York State.
The goal of this state plan is to reduce the amount of waste that
requires disposal by approximately 85% by 2030, which is approximately
the equivalent to achieving a "zero waste" goal. Accordingly, the
Town plans to take incremental steps to reduce the dependence of residents
and businesses on disposal and to encourage waste reduction, reuse
of materials and composting.
C.
Incremental steps are envisioned that will allow the Town to make
progress toward the above goals, which include the following elements
that may be implemented in time frames to be determined by the Town
Board:
(1)
The collection and analysis of information in collector quarterly
reports, which will enable the Town to develop baseline tonnage information,
to track progress toward waste reduction goals and for comparison
with data from other municipal, county, state and national sources.
This requirement became effective May 1, 2012, and shall continue,
as provided herein, until the Town Board shall determine otherwise.
[Amended 7-16-2013 by L.L. No. 3-2013]
(2)
Single-stream residential recycling, whereby collectors will collect all designated recyclables from residents in a single container and deliver them to a location capable of processing such materials. Commencing on September 1, 2013, collectors performing residential refuse and recyclables collections services in the Town shall provide as part of their services single-stream recyclables pickup in accordance with § 67-5G of this chapter.
[Amended 7-16-2013 by L.L. No. 3-2013]
(3)
Pay-as-you-throw or volume-based pricing or service fees, whereby
customers will be given the option to pay a lower subscription fee
for incrementally smaller refuse containers. This will provide a measure
of equity for those who dispose of less refuse and will encourage
waste reduction and recycling. This requirement is anticipated to
become effective as soon as determined to be practicable by the Town
Board.
(4)
Waste reduction initiatives. Adoption of policies by the Town Board
to encourage residents and businesses to reduce generation of wastes.
Such initiatives may include electronic filing, purchasing requirements
for recycled content or reduced packaging, reduced use of hazardous
materials, etc.
(5)
Collection of non-yard waste organics, whereby customers will be
given the opportunity to have non-yard waste organics, as defined
below, collected separately for composting. This requirement is anticipated
to be implemented when outlets for composting or other types of processing
become available.
D.
The Town Board reserves the right to adopt additional rules and regulations
to further the purposes and enforcement of this chapter.
§ 67-3 Definitions.
For the purpose of this chapter, the following words and terms
shall be deemed to have the meanings herein given to them:
- BULK REFUSE CONTAINER
- A receptacle commonly used for storage of bulk refuse and/or construction and demolition waste, as defined herein, and otherwise referred to as a "dumpster."
- COLLECTOR
- A person, partnership, company or corporation, licensed by Westchester County to provide either residential and/or commercial refuse and/or recyclables collection services and permitted, pursuant to § 67-6 of this chapter, to provide such services in the Town.
- CONSTRUCTION AND DEMOLITION WASTES
- Lumber, concrete, pipe, brick, masonry and other waste materials generated during construction, remodeling, renovation or demolition projects.
- HAZARDOUS WASTE
- Waste meeting the New York State definition of household hazardous wastes (HHW): pesticides, corrosives, pool chemicals, driveway sealers, hazardous paints and stains, polishes and waxes, adhesives, solvents, hazardous cleaning products, antifreeze, vehicle fluids, fluorescent light tubes, compact fluorescent lamps and ballasts, photography chemicals, nonrechargeable hazardous batteries (both household and automotive), products containing mercury and propane gas cylinders (that still contain propane).
- MIXED RECYCLABLES
- The following materials which may be mixed together:
- A. Glass bottles and jars, clean and free of food particles and other residues, including but not limited to, glass food bottles and jars, juice bottles, liquor bottles, baby food jars, soda bottles and wine bottles, but not ceramics, crystal, glass doors, light bulbs, mirrors, Pyrex window panes or windshields.
- B. Metal cans and foil, free of food particles and other residue, including but not limited to, metal food cans, soda cans, pet food cans, metal juice containers, aluminum foil and trays and aluminum cans, but not aerosol cans, batteries, oil or paint cans or hazardous chemical containers.
- C. Plastic containers numbers 1 through 7, clean and free of any food particles or residue, including but not limited to, plastic soda bottles, liquor bottles, juice bottles, detergent bottles and food containers.
- D. Commencing on September 1, 2013, and for purposes of residential recyclables pickup only, all recyclable materials identified in Subsections A to C of this definition and all paper/fiber recyclables, as defined herein, may be placed in the same container or receptacle for pickup.[Added 7-16-2013 by L.L. No. 3-2013]
- NON-YARD ORGANIC WASTES
- Food waste, soiled or food-contaminated paper materials and compostable paper products. These materials are considered to be refuse until such time as outlets for composting or otherwise processing or recycling them become available.
- PAPER/FIBER RECYCLABLES
- Newspapers, ledger/office paper, writing paper, junk mail, cardboard, food boxes, magazines, phone books, paper board, chipboard, any and all of which must be clean, dry and free of any liquid or contamination.
- REFUSE
- All putrescible and nonputrescible solid wastes, including any wastes commonly referred to as garbage, rubbish and ashes, but not including yard waste, recyclable materials, hazardous waste, explosives, ammunition, asbestos, bulk metal, construction and demolition waste, electronic waste, empty propane tanks, household medical waste, radioactive material, tires, used oil or white goods.
- SINGLE-STREAM RECYCLABLES
- A combination of paper/fiber recyclables with mixed recyclables.
- TOWN
- The geographical area of the Town of Bedford, New York.
- YARD WASTE
- For purposes of this chapter, "yard waste" shall mean brush, leaves and tree trimmings, but not grass clippings.
§ 67-4 Precollection practices.
A.
Residents
shall use rigid containers for the storage of refuse and/or recyclables,
except as hereinafter provided. Such containers shall be practical,
suitable and of sufficient strength for the purpose of holding the
material intended to be discarded. Containers shall have a maximum
gross weight when filled of 60 pounds and shall be equipped with suitable
handles and a tight-fitting cover. Containers for the storage of refuse
shall be kept or placed in a single location readily accessible to
a collector. The containers shall be maintained in a sound and sanitary
condition by the resident. Recyclables may be bagged or bundled, or
placed in containers of a size and type required by the collector.
B.
Commercial
establishments shall use rigid containers for storage of refuse of
a size and type required or provided by the collector. Putrescible
waste containers shall have tight-fitting covers, be of watertight
bottom construction and of sufficient strength to handle the waste
material collected. Containers shall have devices that prevent or
discourage unauthorized entry and be located so that collection does
not inhibit local traffic or otherwise cause a nuisance condition
for the public. Collectors providing recyclables pickup services for
commercial businesses shall provide such customers with suitable recyclables
containers.
[Amended 7-16-2013 by L.L. No. 3-2013]
C.
For
apartments and condominiums provided with containerized service for
household garbage collection by a collector, such containers shall
be kept and maintained in a clean and sanitary condition and shall
be completely closed at all times, except when actually being used
for deposit of household garbage and shall be adequately secured to
prevent spillage by dogs, raccoons or other animals.
D.
Owners and occupiers of properties in the Town of Bedford who contract for or permit on their property bulk refuse containers for the purpose of storage of refuse in excess of the maximum capacity permitted as stated in Subsection A or B above shall keep and maintain such bulk refuse containers in a clean and sanitary condition and in good repair.
E.
No unauthorized person or entity, as hereinafter defined, shall deposit
refuse or any hazardous material in a bulk refuse container within
the Town of Bedford. No person or entity shall deposit refuse or any
hazardous material in a container utilized for recycling purposes
in any location within the Town of Bedford. The finding of refuse
or any hazardous material in any such containers, which refuse or
hazardous material in part contains material bearing the name or other
identifying mark of a person or entity as addressee, shall create
a rebuttable presumption that the person or entity to whom such material
was found to be addressed deposited such refuse or hazardous material
without authorization and in violation of this chapter. "Unauthorized
person or entity," as used herein, shall mean any person or entity
utilizing a bulk refuse container or recyclables container owned,
leased or contracted for by another person or entity without the consent
of such person or entity.
§ 67-5 Collection practices.
A.
Residential
refuse shall be collected either once or twice a week, except where
other agreements have been made between the collector and the resident.
The Town Board has the right to limit refuse collection to once per
week, upon reasonable notice to collectors. Recyclables collection
shall be either once a week or once every other week at the discretion
of the resident and collector.
B.
Commercial
refuse and recyclables shall be collected at a frequency of at least
once per week or at a frequency necessary to prevent odors or excess
waste from spilling from containers, to abate any nuisance condition,
or as otherwise agreed between the business and collector to accomplish
these conditions.
C.
The collector shall pick up all refuse that is placed in standard containers, as defined in § 67-4, and placed at the curb or other specified pickup location.
D.
For curbside collection, containers for each service unit shall be
placed at a single collection point within four feet of the curb on
scheduled household garbage collection days. For driveway, rear yard
or in-garage collection, containers shall be placed at the appropriate
collection location on scheduled household garbage collection days.
E.
Paper/fiber recyclables, yard waste and mixed recyclables shall not
be intermingled with household refuse.
F.
All recyclables picked up by collectors shall be placed at curbside
or other specified collection locations in a manner appropriate for
single-stream collection (as determined by the Town Board) on scheduled
recyclable collection days. Recyclables may be placed at curbside
for pickup on the day before a scheduled collection, but not sooner.
[Amended 7-16-2013 by L.L. No. 3-2013]
G.
Single-stream recyclables collection. Commencing on September 1,
2013, all collectors providing residential refuse and recycling collection
services in the Town shall provide as part of their service single-stream
recycling pickup. The Town Board may, in its discretion, allot additional
time for a collector to come into full compliance with this requirement,
provided that all collectors shall be in full compliance no later
than December 1, 2013.
[Amended 7-16-2013 by L.L. No. 3-2013[1]]
H.
Non-yard waste organics. With Town Board approval in response to
requests by Town residents, collectors may provide or be required
to provide non-yard organic wastes collection services to Town residents
and businesses.
[Amended 7-16-2013 by L.L. No. 3-2013]
I.
Yard waste and grass clippings.
(1)
Yard waste picked up by the Highway Department shall be placed at
curbside on scheduled yard waste collection days and shall be in tied
bundles or contained in compostable bags. Tied bundles of yard waste
shall weigh no more than 50 pounds each, contain trimmings no thicker
than three inches in diameter and shall be no greater than four feet
in length.
(2)
The Highway Department will pick up loose leaves in designated hamlet
areas between October 1 and November 15 each year. At all other times,
such leaves must be bagged for pickup.
(3)
Residents are encouraged to self-mulch leaves and grass or to conduct
backyard composting of leaves, grass and such other household organics
as may be safely composted without creating nuisance odors or attracting
rodents or wild animals.
J.
Nothing in this chapter shall be construed to prevent those residents
who wish to self-haul recyclables from bringing their recyclables
to the Town of Bedford Recycling Center.
K.
All regular residential recyclables collections shall be conducted
using vehicles with compaction equipment which optimizes the amount
of single-stream materials collected on each truck route. No residential
recyclables may be collected in loose-bin or open-top trucks, except
as may be necessary due to compaction truck breakdown, an unanticipated
missed pickup or other exceptional situation.
[Added 5-19-2015 by L.L.
No. 5-2015]
§ 67-6 Registration of collectors; permit required.
A.
Registration/permit
required. It shall be unlawful for any person, firm or corporation
to engage in the business of refuse or recyclables collection services
within the Town of Bedford, except for collections from his/her/its
own residence or business property, without first obtaining a Town
collector permit issued by the Town Board. The Town Board, at its
sole option, may designate and allow nonprofit organizations to collect
and market recyclables without registering or obtaining a permit,
upon submission of a letter to the Town Board requesting approval
of collection for specific events.
[Amended 7-16-2013 by L.L. No. 3-2013]
C.
The
form of the permit application shall be as determined from time to
time by the Town Board and shall include the information requested
on the application form and Attachment A thereto and a copy of the
collector's Westchester County license. The application form
and Attachment A shall be available in the office of the Town Clerk.
D.
Term of registration. All permits issued by the Town Board after January 1, 2012, shall be valid and in effect for a term of one year from the date of issuance and must fully comply with this section. Failure to comply with the requirements of this section shall be considered an offense subject to penalties outlined in § 67-12 of this chapter.
E.
No permit shall be issued by the Town Clerk until the fee is paid
and the application is in compliance with the requirements of this
section.
§ 67-7 Complaints.
A.
A collector shall remedy each residential and commercial complaint
of omitted service or improper handling of collections within 24 hours
of the time received. Complaints called in prior to 6:00 p.m. on any
day shall be deemed to be received at 6:00 p.m. on said day. Sundays
shall be excluded from this time period. The collector shall respond
in the same manner to complaints from any resident or Town representative
concerning any material deposited improperly within the limits of
streets or highways.
B.
A collector must maintain an answering service or facility 24 hours
per day every day of the week.
C.
A collector shall be responsible for maintaining records of all messages
and complaints received. Such records shall be available for inspection
by the Town Board or its designee. The record of each complaint shall
include, at a minimum, the date and nature of the complaint, the name
and service address of the complainant and the disposition thereof
made by the collector.
§ 67-8 Disposal and/or recycling of collected material.
A.
All
refuse collected hereunder shall be hauled to a designated and approved
permitted disposal facility, which facility must hold a current and
valid permit issued by the state where the refuse is disposed. The
schedule of operation and all matters pertaining to the control and
operation of the disposal facility shall be under the supervision
of the custodian of the facility.
B.
All
recyclables collected must be hauled to a licensed and permitted transfer
facility that accepts the delivered materials for processing and marketing
or to a designated market location or directly to a material recovery
facility (MRF) capable of processing and marketing such materials.
The Town Board reserves the right to require pre-approval by the Town
Board of any such facility for recyclables processing and marketing.
Collectors shall provide the Town Board with the name, address and
contact information of any such facility upon request.
[Amended 7-16-2013 by L.L. No. 3-2013]
C.
All
construction and demolition wastes shall be hauled to a designated
and approved disposal facility or facility that accepts the delivered
materials for processing and marketing.
D.
All
yard waste shall be hauled to a designated and approved disposal facility
or facility that accepts the delivered materials for processing and
marketing.
E.
All
non-yard organic waste shall be hauled to a designated and approved
disposal facility, or facility that accepts the delivered materials
for processing and marketing.
§ 67-9 Responsibilities of collector; reporting; administration and enforcement.
A.
Each
collector shall be required to complete and submit a quarterly recycling
and refuse report to the Town Clerk's office on or before the
15th of the month of the quarterly reporting period (April 15, July
15, October 15 and January 15). The quarterly recycling and refuse
reports are available in the Town Clerk's office.
B.
A
collector shall be directly responsible to the residential and commercial
customers it services and to the County of Westchester Solid Waste
Commission and shall collect and dispose of refuse, and collect and
market recyclables, in accordance with the rules and regulations as
stated under this chapter and any other applicable statute or regulation.
The enforcement of this chapter shall be the duty of the Town Board
and such other offices, commissions, agencies or officials as the
Town Board may designate. The Town Board may adopt such rules and
regulations as it may deem appropriate and necessary to enforce, implement
and carry out the provisions and purposes of this chapter, provided
such rules and regulations are not inconsistent with the provisions
hereof.
§ 67-10 (Reserved)
§ 67-11 Collection fees.
The fee schedule to be charged by a collector for any service
to be performed under such registration shall be set forth in its
application for a Town permit. Such fee information shall be considered
confidential business information by the Town pursuant to the Freedom
of Information Law[1] and will not be released to the public or made available
to anyone except officials or designees of the Town Supervisor unless
required to do so pursuant to court order.
[1]
Editor's Note: See § 85 et seq. of the Public
Officers Law.
§ 67-12 Enforcement; penalties for offenses.
A.
The Town Building Inspector will investigate all alleged violations
of this chapter. The Town Building Inspector may periodically inspect
for recyclables in any items which are put out for pickup as household
garbage. Any household garbage found to contain mixed recyclables,
newspapers or other recyclable material shall not be the responsibility
of the collector to collect, until all such materials are removed
by the resident.
B.
Failure to comply with any of the provisions of this chapter shall
constitute a violation of the Town Code of the Town of Bedford and
shall be subject to enforcement and penalties as stated herein.
C.
Collectors' responsibilities. Collectors are responsible to
collect refuse and recyclables in accordance with New York State,
Westchester County laws and Town of Bedford laws and regulations.
Collectors shall provide written notice to any customer(s) who repeatedly
violate the Town laws for separation of refuse and recyclables and
shall explain to those customers that all collection services shall
be discontinued as to that customer without refund or proration if
required separation is not maintained. A copy of any notice served
pursuant to this section shall be served on the Town Clerk.
[Amended 7-16-2013 by L.L. No. 3-2013]
D.
Penalties. Notwithstanding any other remedy provided herein, any
collector, person or company committing an offense against this chapter
shall, upon conviction by the Town Justice, be deemed guilty of a
violation and shall be subject to a fine of not more than $250 for
each offense, and/or revocation of their permit.
E.
A collector may be subject to revocation of any permit granted pursuant
to this chapter, as determined by the Town Board after a public hearing.
§ 67-13 Deadline for commencing actions.
Any action brought hereunder shall be commenced within three
months of the date of the alleged violation, or, if the violation
could not be discovered on the date it occurred, within three months
of the date it could have reasonably been discovered.
§ 67-14 Severability.
If any clause, sentence, paragraph, section or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof but shall be confined in its operation to the clause,
sentence, paragraph, section or part whereof directly involved in
the controversy in which such judgment shall have been rendered.
§ 67-15 Conflicting laws.
If any provision of this chapter shall be in conflict with any
other local law or ordinance of the Town of Bedford or any law of
the State of New York or political subdivisions thereof, the provision
of the more restrictive law shall apply.
§ 67-16 Effect of chapter on existing waste containers.
The provisions of this chapter shall take place immediately
and shall apply to existing containers in the Town.