City of Glens Falls, NY
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Glens Falls 6-6-1991 by L.L. No. 1-1991. Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 121.

§ 168-1 Title.

This chapter shall be titled a "Local Law Providing for Mandatory Collection, Source Separation and Segregation of Recyclables or Reusable Material from Solid Waste."

§ 168-2 Authority.

The authority for this chapter is General Municipal Law § 120-aa and Municipal Home Rule Law § 10 of the State of New York.

§ 168-3 Legislative history and purpose.

The City of Glens Falls finds the reduction of the amount of solid waste and the conservation of recyclable materials are important public concerns. The separation and collection of newspaper, paper, cardboard, glass, cans, plastic containers, vegetative yard waste and other materials for recycling from the residential, commercial, industrial and institutional establishments in the city will protect and enhance the city's physical and visual environment as well as promote the health, safety and well-being of persons and property within the city by minimizing the potential adverse effects of landfilling, aiding in the conservation and recovery of valuable resources, conserving energy in the manufacturing process, increasing the supply of reusable materials for the city's (and region's) industries and will also reduce substantially the required capacity of proposed resource recovery facilities and contribute to their overall combustion efficiency, thereby resulting in significant cost savings in the planning, construction and operation of these facilities. This chapter also assists the city in complying with the mandates of the New York State Department of Environmental Conservation as stated in Part 360 of NYCRR; ensuring conformance with the New York State Solid Waste Management Plan; and complying with Chapter 70, Laws of 1988, which requires all municipalities in New York to have a source separation law by September 1, 1992.

§ 168-4 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
COMMERCIAL SECTOR
Those persons generating solid wastes at businesses, including retail stores, banks and financial institutions, business and professional offices, personal service establishments, mortuaries and funeral homes, restaurants, taverns, hotels, motels, theaters, recreational establishments, pet shops and veterinary establishments, automobile sales establishments, gasoline stations, car washes and other such business endeavors although not specifically defined herein.
CURBSIDE
That area between the center of the street and the building side of the sidewalk. Where no sidewalk exists, "curbside" shall mean that area between the center of the street and the building side of the street's shoulder.
DIRECTOR
The Mayor of the City of Glens Falls or his designee.
DROP-OFF AREA
Any area designated from time to time by the Director where persons can bring recyclables for aggregation and further transport to a solid waste management facility.
HOUSEHOLD COLLECTION
The practice whereby solid waste, including separated recyclables, generated by the residential sector, is placed at an appropriate location on the residential property to be picked up by a hauler for transportation to a solid waste management facility.
INDUSTRIAL SECTOR
Establishments primarily concerned with manufacturing or other substantial physical or chemical material processing operations including, without limitation, manufacturing establishments, warehouses, wholesale distributors, freight and trucking terminals and heavy machinery sales, service and repair.
INSTITUTIONAL SECTOR
Those persons generating solid waste at public, charitable and similar establishments, including schools, churches, hospitals, government offices and garages and nursing homes.
A. 
Materials that will be accepted by municipal transfer stations. The initial list of materials includes newsprint, tin cans, unbroken clear glass bottles and plastic (HDPE) milk jugs and tires and white metals (appliances). This list will be added to or modified by the Director.
B. 
Additionally, vegetative yard waste shall be deemed "recyclable" and shall mean organic yard and/or garden waste, leaves, grass, clippings and brush.
RESIDENTIAL SECTOR
Those persons generating solid waste at single and multiple residences, boarding houses, dormitories, temporary residences and camps.

§ 168-5 Source separation of recyclables.

A. 
Generally.
(1) 
It shall be a violation of this chapter for any person to dispose of recyclables otherwise than as provided by this chapter, except that a finding of a violation by a commercial hauler or employee or agent thereof shall be in accordance with Subsection C(2) hereof.
(2) 
All persons shall separate recyclables from other solid waste when preparing them for transportation, collection, pickup or removal by placing recyclables in one or more separate containers in accordance with rules adopted by the Common Council. It shall be a violation of this chapter for any person to place for household collection or deliver to a dropoff area or a solid waste management facility a container which contains recyclables mixed with other solid waste.
(3) 
Recyclables delivered to a solid waste management facility shall be prepared in accordance with all rules or regulations promulgated by the Director, and said rules and regulations shall be filed with the City Clerk. Such rules and regulations for preparation may include, but shall not be limited to:
(a) 
Removal of glossy inserts or wet/damp materials from newsprint.
(b) 
Washing of glass and/or metal containers.
(c) 
Flattening of cans.
(d) 
Removal of caps and lids.
(e) 
Removal of broken glass.
(f) 
Placement in designated or properly labeled containers, where practical.
(g) 
Sorting into different categories of recyclables.
(4) 
The Director may from time to time determine that certain materials contained in solid waste generated or brought within the city are "recyclables" or that certain materials included or hereafter included in this chapter's definition of "recyclables" are no longer recyclable. Upon any such determination, the Director shall submit a written report to the Common Council recommending that such materials be added to or deleted from the definition of "recyclables" and provide the reasons and data supporting such inclusion or deletion.
(5) 
The Common Council, by resolution, may add or delete any materials as recommended by the Director. Said addition or deletion shall take effect 30 days after designation and publication of notice in an official newspaper of the city.
B. 
Procedures for residential sector.
(1) 
All recyclables shall be properly prepared and separated from all solid waste, left for collection by a commercial hauler or generated and delivered to a solid waste management facility by a person in the residential sector.
(2) 
Wherever household collection of residentially produced yard waste and/or garden waste is available from a municipal hauler, persons choosing to use such collection services shall bag their leaves and grass (separately) as set forth in Subsection B(3) of this section. Residents shall not be allowed to deliver yard or garden waste to the composting facility. All brush shall be cut to size, being a maximum of four-foot lengths and placed along the curb in accordance with the rules established by the Director or Superintendent of Public Works.
(3) 
Bags for grass and leaves a maximum 30 gallons, plastic bags or proper compostable paper bags or, in the alternative, a reusable rubberized-flexible or metal type container with lid shall be used.
(4) 
Curbside pickup of trash, rubbish, garbage or recyclables will not be permitted within the city limits.
C. 
Procedures for commercial, industrial and institutional sectors.
(1) 
All recyclables shall be properly prepared and separated from all solid waste, left for collection by a commercial hauler by a person in the commercial, industrial and institutional sectors or generated and delivered by a person in the commercial, industrial and institutional sectors to a solid waste management facility.
(2) 
Vegetative yard or garden waste generated by commercial, industrial and institutional sectors shall not be placed by the roadside for municipal pickup, but shall be disposed of by each sector in a manner that is approved by the Director. Possibilities include a self-contained compost pile or arrangement with another municipality to accept their yard or garden waste.
D. 
Disposal of collected recyclables by commercial haulers.
(1) 
Commercial haulers engaged in collecting recyclables generated within the city by residential, commercial, industrial or institutional sectors or who dispose of wastes in a designated solid waste management facility shall keep recyclables separated from other solid wastes and shall handle recyclables in such a manner that they are not contaminated or destroyed.
(2) 
With respect to only commercial haulers, it shall be a violation of this chapter for any commercial hauler to knowingly collect, handle or dispose of recyclables otherwise than as provided by this subsection. In the event that a commercial hauler collects, handles or disposes of recyclables other than as provided by this chapter as a result of inadvertent collection from residential, commercial, industrial or institutional sectors, upon discovery the commercial hauler shall take the following actions:
(a) 
The commercial hauler shall attempt to separate, where practical, recyclables from solid waste before delivering solid waste to a solid waste management facility.
(b) 
The commercial hauler shall notify the municipality of any generators who have discarded recyclable items with other solid waste.
(c) 
At the request of the municipality, the commercial hauler shall provide warning notices to generators who have discarded recyclable items with other solid waste.

§ 168-6 Disposal of recyclables.

A. 
Recyclables shall only be disposed of by persons in the residential, commercial, industrial or institutional sector or commercial haulers at:
(1) 
A New York State DEC-permitted materials recycling facility;
(2) 
The solid waste management facility designated by the Director;
(3) 
A deposit refund center;
(4) 
A manufacturing or processing facility utilizing recyclables in its manufacturing or processing operation; or
(5) 
A recycling facility approved by the Director.
B. 
Recyclables may be retained for personal use or commercial use of or by any persons in the residential, commercial, industrial or institutional sectors or by the commercial haulers.
C. 
Nothing in this chapter shall be construed as preventing any person from utilizing vegetative yard and/or garden waste for compost, mulch or other agricultural, horticultural, silvicultural, gardening or landscape purpose as set forth in § 168-5C(2).

§ 168-7 Rules and regulations; public education.

A. 
The Glens Falls Common Council shall have the power to adopt and promulgate, amend and repeal such rules and regulations as may be recommended by the Director or which in its discretion are necessary or desirable to carry out, interpret and enforce the intent and purposes of this chapter. Notwithstanding this power, any failure to adopt and promulgate such rules and regulations shall not impair the enforceability of this chapter.
B. 
The Glens Falls Common Council or such other persons as may be assigned the task by the Glens Falls Common Council shall develop, subject to Glens Falls Common Council approval, a comprehensive, innovative and effective public education program concerning the requirements of this chapter and any amendments, the overall value of recycling and waste reduction and any related public programs.

§ 168-8 Enforcement; penalties for offenses.

A. 
The Director and any other person designated by the Glens Falls Common Council shall be authorized to inspect solid waste left for collection, loads of solid waste being transported to a solid waste management facility and solid waste being disposed of at any duly designated dropoff area or solid waste management facility in the city for the purpose of determining if any person has failed to comply with the provisions of any section of this chapter.
B. 
Each commission of a single act of violation shall constitute a separate violation of this chapter and each day of such violation shall constitute a separate offense which may be punished and prosecuted as such.
C. 
The violation of this chapter shall be punishable by a fine as described below. The following fines may be levied upon any person convicted of violating this chapter:
(1) 
For a first conviction: a warning.
(2) 
For a second conviction: up to $25.
(3) 
For a third conviction: up to $250.
(4) 
For any subsequent conviction: up to $2,500.
D. 
A violation of this chapter by employees or agents of any business, corporation, partnership or proprietorship within the commercial, industrial or institutional sectors or of any commercial hauler shall be considered to be a violation by the commercial, industrial or institutional business corporation, partnership or proprietorship and the commercial hauler.