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Brookhaven, NY Trash & Recycling: Recycling Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing chapter
Town Code Ch. 46, adopted 1988
Collection frequency
Once each week (§ 46-5B)
Enforcing agency
Dept. of Recycling & Sustainable Materials Mgmt.
Scavenging penalty
$25-$500 fine or 15 days jail
Continuing violation
Each day is a separate offense

Summary

Brookhaven runs a mandatory curbside recycling program inside its garbage districts under Town Code Chapter 46. Residents must source-separate newspaper and other designated recyclables and set them out weekly on the Town's published schedule; the Department of Recycling and Sustainable Materials Management enforces it.

Upon the effective date of this chapter, there is established within existing garbage districts in the Town a program ("curbside program") for separate collection of newspaper from all non-physically-disabled residents of the districts... Collection of newspaper pursuant to the curbside program established by this section shall be made once each week. Collection shall occur in accordance with a schedule advertised by the Town.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4966897; v79 updated 2026-05-28; through 05-28-2026).

Full Breakdown

Chapter 46, adopted November 15, 1988, establishes the curbside program "within existing garbage districts in the Town" for separate collection of newspaper from all non-physically-disabled residents, and lets the Town Board expand it by resolution to paper, cardboard, commingled glass/cans/plastic containers and vegetative yard waste. Section 46-5B fixes collection at once each week on a Town-advertised schedule. The program automatically extends to any new garbage district on formation, and to other areas the Town Board designates 30 days after a resolution and newspaper notice. Enforcement runs through the Department of Recycling and Sustainable Materials Management, whose Commissioner may adopt rules implementing the chapter (§ 46-11).

Section 46-12 makes it unlawful for anyone other than an authorized hauler to take designated recyclables already placed at the roadside or in a recycling collection area, and separately unlawful to place non-designated material in or near a collection area, or to obstruct Town or Department personnel enforcing the chapter. Under § 46-13 the Town or its collectors may refuse to pick up solid waste from anyone who has clearly failed to source-separate.

Violations & Fines

Any unlawful conduct under Chapter 46, including unauthorized scavenging of set-out recyclables, carries up to 15 days imprisonment, community service, or a fine of not less than $25 and not more than $500, or a combination, per § 46-15A. Each continuing day of violation is a separate offense (§ 46-15B), and the Town may also sue in equity for an injunction under § 46-16.

Frequently Asked Questions

Is recycling mandatory in the Town of Brookhaven?
Yes. Section 46-5 establishes a curbside program inside the Town's garbage districts, and residents in a serviced area must source-separate newspaper and other designated recyclables and set them out on the Town's published collection schedule.
Can someone else take my recycling off the curb?
No. Section 46-12A(1) makes it unlawful for any person other than an authorized collector to take designated recyclables that have been placed at the roadside or in a recycling collection area for pickup.
What happens if I don't separate my recyclables?
The Town or its hauler may refuse to collect your solid waste under § 46-13, and unlawful conduct under the chapter can bring a fine of $25 to $500, up to 15 days in jail, or both under § 46-15A.

Sources & Official References

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