§ 46-11.3. Mandatory Commercial, industrial and institutional source separation and recycling program.

A. 

All Commercial, industrial and institutional establishments within a garbage district or other area of the Town subject to a Curbside Recycling Program established pursuant to § 46-11.1 of this chapter shall Source Separate Solid Waste into recyclable, reusable or other components for which Economic Markets for alternate uses exist and arrange for their collection for recycling. In addition to those materials presently required to be recycled in residential and multiresidential complexes, i.e., Newspapers, Bottles and Cans, plastic and Yard Waste, Commercial establishments shall additionally be required to recycle Construction and Demolition Debris, corrugated paper, magazines and high-grade paper where there exist Economic Markets for alternate uses for such additional components. High-grade paper shall include white letterhead paper, white bond paper, white typing paper, white copier paper, white note pad paper, white writing paper, white envelopes, other nonglossy white office paper without plastic, computer printout paper, computer tab cards and white onion skin paper.

B. 

A Commercial, industrial or institutional establishment may, upon written application to the Commissioner, request relief from some or all of the requirements of Subsection A above. Upon receipt of such application, the Commissioner shall conduct a survey of such establishment to determine if there is sufficient generation to warrant recycling of the component or components in question and/or Economic Markets for alternate uses. If there is insufficient generation and/or an insufficient economic market for alternate uses of a particular recyclable material, the Commissioner may issue an exemption.

C. 

The arrangement for collection of separated Recyclables for disposition under the Commercial recycling program shall be the responsibility of the Person who owns, manages or operates the Commercial, industrial or institutional establishment at which the Recyclables are generated ("generator") or the Person contractually obligated to the generator to arrange for collection and disposal of its Solid Waste. These arrangements may include, without limitation, direct marketing of Recyclables, contracts with Licensees for separate collection of any or all Recyclables, direct delivery to a Solid Waste Management Facility designated by the Commissioner or, in the case of Newspapers, Bottles and Cans and plastics, Curbside collection once per week in accordance with provisions for collection of such components from residential dwellings.

D. 

The mandatory Commercial, industrial and institutional source separation and recycling program may be expanded by resolution of the Town Board where it determines that Economic Markets for alternate uses exist for such additional components.

E. 

Generators of recyclable material who use private carters or recyclers for collection and marketing of recyclable materials must be provided with sufficient containers by such carter to allow for source separation of all components being recycled. All containers must be clearly identified as recyclable containers with lettering of at least six inches.

F. 

A generator which utilizes a private carter or recycler to collect one or more components shall provide written reports on a monthly basis to the Commissioner containing the following information:

(1) 

The identity of the carter/recycler.

(2) 

The components being recycled.

(3) 

The approximate quantity of each such component.

G. 

Any carter or recycler collecting Source-Separated components from a generator shall provide written reports to the Commissioner on a monthly basis containing the following information:

(1) 

Gross tons of Recyclables, by type collected.

(2) 

Locations of all Commercial stops serviced during the particular month of each commodity recycled.

(3) 

Disposal (marketing) location for Recyclables collected.

H. 

No carter or recycler may commingle nonrecyclable Solid Waste with any Source-Separated Recyclables.

I. 

Exemption for Existing Commercial Recycling Programs with Recyclers.

(1) 

Any Commercial entity having in place a recycling program upon the effective date of this chapter, whereby that entity's Recyclables are collected by or delivered directly by such entity to a recycler, shall be exempt from the recycling requirements of this § 46-11.3.

(2) 

Any such exempt Commercial entity must have registered its recycling program with the Authority and received written confirmation from the Authority of its exemption from this § 46-11.3.

(3) 

Any such exempt Commercial entity shall not place its Recyclables at Curbside for collection by a Collector.

[Amended 4-6-2010 by L.L. No. 2-2010]

J. 

Notwithstanding any other provision of this chapter to the contrary, Recyclable industrial and Commercial by-products may be sold or donated by an industrial and/or Commercial enterprise to any scrap metal enterprise or recycler. Said by-products cannot be placed at the Curbside for collection by said scrap metal enterprise or recycler.