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[HISTORY: Adopted by the Town Board of the Town of Schodack 5-9-1991 as L.L. No. 4-1991. Amendments noted where applicable.]
GENERAL REFERENCES
Landfills — See Ch. 137.
Littering — See Ch. 142.
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Editor's Note: Former Ch. 184, Streets and Sidewalks, adopted 1-7-1974 as L.L. No. 3-1974, as amended, was repealed 2-14-1991 by L.L. No. 1-1991. For related provisions, see Ch. 188, Subdivision of Land and Design and Construction Standards.
A. 
The Town Board of the Town of Schodack (the "town") hereby determines that the public order, safety, health and welfare of the town require the reasonable regulation of the manner in which solid waste is managed and disposed of within the town.
B. 
This chapter shall be known as the "Town of Schodack Solid Waste Management Law."
As used in this chapter, the following words are intended to include and be defined as follows:
BULK ITEM
An item of solid waste larger than two by two by four feet and/or weighing in excess of 50 pounds.
COMMERCIAL COLLECTOR
Any person, corporation or other entity, not including a municipal government, that collects, stores, transports or disposes of solid waste for a fee.
COMMERCIAL COLLECTOR PERMIT
The specific permission by the Town Board, or its authorized agent or employee, for a commercial collector to collect and manage solid waste, including recyclables, within the town.
CONSTRUCTION AND DEMOLITION DEBRIS
Solid waste in aggregate weight in excess of 100 pounds and/or volume in excess of one cubic yard, whichever shall be less, consisting of any combination of wood, lathe, plaster, concrete, cement, bricks, mortar, roofing materials and/or other debris removed or disposed of in the construction, reconstruction, remodeling, alteration, destruction, razing and/or removal of any residential, agricultural, commercial and/or industrial building or ancillary structure.
HAZARDOUS WASTE
A waste or combination of waste which, because of its quantity, concentration or physical, chemical or infectious characteristics, may by itself or in combination with other waste cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or pose a substantial present or potential hazard to human health or the environment.
RECYCLABLES
Those items of solid waste designated by resolution of the Town Board as being subject to requirements for source separation and/or collection for beneficial reuse. Such "recyclables" can include but are not limited to newspapers, magazines, telephone books, cardboard, glass, plastic, metal and appliances.
SITE
The site or sites established by resolution of the Town Board for the collection and management of solid waste and recyclables.
SOLID WASTE
Materials or substances discharged or rejected as being spent, useless, worthless or in excess to the owner at the time of such discard or rejection, except sewage and other highly diluted water-carried materials or substances and those in gaseous form. Such "waste" shall include but is not limited to garbage, rubbish, ashes, street cleanings, industrial waste, commercial waste and construction and demolition debris.
USER PERMIT
The specific written permission by the Town Board, or its authorized agent or employee, for a person to dispose of solid waste at the site in accordance with the provisions of this chapter.
The Town Board may, by resolution, establish the hours and manner of operation of the site and may, by resolution, designate certain hours for the collection and disposal of specific items of solid waste and recyclables.
The Town Board shall, by resolution, establish a User Permit Fee Schedule for the privilege of disposing of solid waste at the site. The user permit shall be in such form as authorized by the Town Board. The User Permit Fee Schedule shall provide for distinct classifications, including classifications based upon the manner of collection and delivery of solid waste to the site, the source of the solid waste, the type of solid waste and the volume of solid waste. The Town Board may create a user permit classification for individual residential permits for those persons 65 years of age or older.
The Town Board may, by resolution, also establish, in addition to user permit fees, fees for the disposal or recycling of specific items of solid waste, including but not limited to tires, batteries, appliances and bulk items.
The site shall be used exclusively for solid waste originating and collected within the town. No person shall collect and dispose of solid waste at the site originating, collected, accumulated, received, processed or otherwise acquired in its waste form outside of the town.
No person shall dispose of any hazardous waste at the site, except as part of a household hazardous waste collection program which the Town Board may, by resolution, authorize.
No person shall collect and dispose of solid waste at the site without the permission of the Town Board or its duly authorized agent or employee and without first obtaining a user permit from the Town Clerk.
The site shall be operated in a manner consistent with the encouragement of appropriate recycling of solid waste. The Town Board may, by resolution, establish procedures for collection, sorting, storage and disposal of recyclables at the site and may enter into such agreements and contracts as it deems appropriate to provide for the sorting, storage and disposal of recyclables.
A. 
The Town Board may, by resolution, require the separation of specific types of recyclables from solid waste collected and disposed of at the site.
B. 
The Town Board also may by resolution require the separation of specific types of recyclables from solid waste collected by commercial collectors in the town.
C. 
No person shall collect and dispose of solid waste at the site that contains recyclables, the separation of which has been required by resolution of the Town Board.
D. 
No person shall remove or take recyclables from the site, unless specifically granted such permission by the Town Board or its authorized agent or employee.
E. 
No commercial collector shall collect solid waste within the town without having first obtained a commercial collector permit.
F. 
The Town Board, by resolution, may establish public education campaigns to promote recycling.
A. 
The Town Clerk of the Town of Schodack is designated as the issuing agent for all permits called for by this chapter, including the user permit and commercial collector permit, and for the collection of permit fees.
B. 
The Town Board may, by resolution, establish intermunicipal agreements for the management of solid waste and recyclables deposited at the site or collected within the town, including agreements for the acceptance at the site of solid waste and/or recyclables generated outside the town.
A. 
Any person convicted of collecting and disposing of solid waste at the site without a valid user permit shall be guilty of a violation and punished by a fine of not less than $50 nor more than $100. Upon any second or subsequent conviction, the court shall impose a fine of $250. Such person may also be prohibited from further use of the site.
B. 
Any person convicted of violating any of the provisions of §§ 184-3 through 184-14 of this chapter shall be guilty of a violation and be punished by a fine of not less than $25 nor more than $250. Upon any second or subsequent conviction, the court shall impose a fine of not less than $100 nor more than $250.
C. 
Any person convicted of violating any of the provisions of § 184-15 of this chapter, other than § 184-15E, shall be guilty of a violation and be punished by a fine of $10 for the first offense; upon a second conviction the court shall impose a fine of $25; upon a third or subsequent conviction the court shall impose a fine of not less than $50 nor more than $250.
D. 
Notwithstanding any other provision of this chapter, any person convicted of violating § 184-5E of this chapter shall be guilty of a violation and be punished by a fine of not less than $100 nor more than $250. Upon any second or subsequent conviction, the court shall impose a fine of $1,000. Such person may also be prohibited from collecting solid waste within the town.