Marlborough City Zoning Code
CHAPTER 126
Solid Waste
§ 126-1 Title.
This Article shall be designated as the "Local Law Governing Regulations for the Operation of the Town of Marlborough Transfer Station and Recycling Center."
§ 126-2 Location.
The town transfer station and recycling center is located on the tract of land owned by the Town of Marlborough located on the south side of Bailey's Gap Road less than two-tenths (0.2) mile west of the intersection of Milton Cross Road coming from the south, Orchard Road coming from the north and Mahoney Road winding from the east, as more particularly described as the premises conveyed by Rose Perilli to the Town of Marlborough by deed dated April 6, 1973, and recorded in the Ulster County Clerk's office in Liber 1296, page 813.
§ 126-3 Definitions.
As used in this Article, the following terms shall have the meanings indicated:
Wastes originating from hospitals, laboratories, nursing homes, clinics or offices of private doctors and dentists.
Large items of disposable wastes, such as appliances, furniture, tires, hot-water storage tanks, bathroom fixtures, trees, branches and stumps.
A business conducted within the Town of Marlborough.
Waste materials produced by the demolition of, renovation of or construction of homes or buildings, to include in-plant waste or waste created in any manufacturing process.
Those materials that become waste after their use or consumption in the Town of Marlborough shall be considered eligible to be deposited at the transfer station. These include bulk materials, construction waste/products of manufacturing, household waste, waste materials and yard waste.
The air, the water and the earth, sometimes called the "biosphere."
Those wastes not specifically defined in this Article and shall be governed by the New York State and Ulster County Sanitary Codes.
Any individual(s), society, club, firm, partnership, corporation or association of persons.
A resource-recovery method involving the collection, separation and treatment of a disposable waste product for use as a raw material in the manufacture of the same or a similar product.
Includes every person who resides in the Town of Marlborough.
The handing over, moving or removal of any material which has been placed at the transfer station and recycling center, except in cases where town employees are directed to rehandle and arrange material deposited upon the landfill.
To divide waste into groups of similar materials.
The separation for collection of individual recyclable components before they become mixed into the solid waste management stream at the point which they become disposable wastes.
Any waste that is or has the potential to be harmful, destructive, poisonous or deadly to animal or human life.
Solids or liquids which are discarded or rejected wastes.
Wood chips, shavings, straw, leaves, shrubs, grass clippings, logs, residential scrap lumber, tree prunings and other vegetable matter from yards or gardens.
§ 126-4 License or permit required to deposit waste.
Only businesses and residents of the Town of Marlborough having permits shall be allowed to deposit disposable waste materials or garbage at the transfer station or recycling center.
§ 126-5 Hours of operation.
Town-observed holidays and Monday, Tuesday, Wednesday and Thursday the town transfer station and recycling center shall be closed.
The above operating days and hours may be amended at any time by resolution of the Town Board.
§ 126-6 Restrictions on deposit and accumulation of waste.
No person shall deposit or leave or cause to be deposited or left any garbage, tires, appliances or other wastes or disposable wastes upon any public highway, street or private property, including his own, in the Town of Marlborough, except at the town transfer station and recycling center as designated, legally organized and/or maintained by the Town of Marlborough.
No person shall deposit or leave or cause to be deposited or left any wastes from outside the Town of Marlborough at the transfer station and recycling center so designated by the Town of Marlborough.
No person shall throw or deposit or cause to be thrown or deposited garbage or disposable wastes at the transfer station and recycling center in the Town of Marlborough during the hours when said transfer station and recycling center is closed.
No person shall deposit or cause to be deposited or left any garbage or any materials which contain chemical waste, biohazardous waste, toxic waste, asbestos or poisonous, noxious or noisome waste of any kind in the Town of Marlborough.
No person shall operate, accumulate, deposit, store or manage garbage or disposable waste materials, as defined herein, for personal and/or business purposes on his own private property.
Garbage and disposable waste shall be deposited in the manner directed by the person in charge of the transfer station and recycling center under the authority of the Town Board.
No person, firm or corporations shall deposit or leave or cause to be deposited or left at the transfer station and recycling center any automobile, motor vehicle or any parts thereof, unless the same shall be fully dismantled and flattened to permit the same to occupy a minimum of space.
No private landowner shall accumulate, deposit, store or manage materials from demolition or by-products of manufacturing, construction or renovation or any garbage or other waste materials and/or use such materials as fill, other than clean fill, unless said material is classified as exempt and allowed to be deposited on private property by the New York State Department of Environmental Conservation. Any person accepting the delivery and deposit of said materials into the Town of Marlborough onto his own property will be held liable for reclamation and compensation for damages resulting from the acceptance of said materials and shall be subject to each state, federal and local law.
§ 126-7 Transportation of waste materials.
The operator of any and all vehicles used for the collection and/or transportation of garbage and other waste materials or articles, while traveling on the public highway of the Town of Marlborough, shall be responsible so as to prevent any of the materials thereon from falling upon the road or blowing from the vehicle in which it is being carried.
§ 126-8 Speed limit.
No vehicle shall be operated at the transfer station and recycling center at a rate of speed in excess of ten (10) miles per hour.
§ 126-9 Entry to transfer station and recycling center restricted.
The entering upon any part of the transfer station and recycling center, except at the gate provided for that purpose and at hours designated by signs, is prohibited.
§ 126-10 Fires; burning waste.
No person, except the persons employed by the town and placed in charge of the town transfer station and recycling center, shall kindle, light or cause to be kindled or lighted or set any fire upon the lands or the town landfill. No such waste shall be accepted which contains burning or smoldering materials, and no such waste shall be deposited at the transfer station and recycling center.
§ 126-11 Scavenging prohibited.
No person shall scavenge upon any part of the lands of the town transfer station and recycling center.
§ 126-12 Permit required; term; nontransferability; exemption from fees.
As a requirement of this Article, bona fide residents of the Town of Marlborough who dispose of their own garbage must obtain a resident's permit for dumping. Permits may be paid for and obtained at the office of the Town Clerk along with a permit sticker. Only vehicles having said sticker affixed to the drivers side vent window shall be permitted to deposit items at the transfer station and recycling center.
Permits must be renewed annually and are valid from January 1 until December 31 of the year issued.
Permits are nontransferable from person to person or vehicle to vehicle.
Residents who have reached the age of sixty-two (62) before January 1 will be exempt from the permit fee; however, they will not be exempted from paying the punch card fee.
§ 126-13 Punch card required.
As a requirement of this Article, bona fide residents of the Town of Marlborough who use the transfer station must obtain a punch card at the office of the Town Clerk, which will be used in lieu of cash at all times at the transfer station and recycling center. There is to be no cash offered or accepted at the transfer station and recycling center, with no exceptions.
§ 126-14 Fees.
All fees are to be set at the annual reorganizational meeting of the Town Board of the Town of Marlborough. Fees may be amended at any time by formal resolution of the Town Board.
§ 126-15 Household waste to be contained in plastic bags.
All household waste deposited at the transfer station and recycling center shall be in plastic bags which are securely fastened. The unit charge will be per each plastic bag weighing not more than thirty (30) pounds.
§ 126-16 Construction and demolition debris.
Debris from residential construction and demolition will be accepted in units not to exceed one (1) cubic yard. The weight of this debris will be estimated by the attendant, and the resident will be charged accordingly. Any amount in excess of one (1) yard must be delivered to the Ulster County landfill.
§ 126-17 Items accepted at transfer station and recycling center.
All household waste and recyclables are accepted at the transfer station and recycling center. Any item deemed unacceptable by the attendant will not be accepted.
§ 126-18 Mandatory separation and recycling.
Preparation of recyclable materials.
§ 126-19 Penalties for offenses.
Any person violating any of the provisions of this Article shall be deemed to have committed an offense against this Article and shall be liable for such violation on the penalty therefor and, upon conviction thereof, shall be punishable by a fine not exceeding two hundred fifty dollars ($250.) for each offense or by imprisonment in the county jail for not more than fifteen (15) days, or by both such fine and imprisonment.
§ 126-20 Revocation of privileges.
Any person who or whose servants, agents, employees or officers shall be convicted of a violation hereof may thereafter be denied the use of the transfer station, either temporarily or permanently, by the office or employee in charge thereof or by resolution of the Town Board.