Town of Hamlin, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Hamlin as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass, rubbish and weeds — See Ch. 213.
Open burning — See Ch. 238.
Junk vehicles — See Ch. 476.
[Adopted 3-4-1992 by L.L. No. 1-1992 (Ch. 95, Art. I, of the 1987 Code)]

§ 422-1 Title.

This article shall be known as the "Solid Waste Management Law."

§ 422-2 Findings.

The Town of Hamlin finds that:
A. 
Removal of certain materials from the solid waste stream will decrease the flow of solid waste to landfills, aid in the conservation of valuable resources and reduce the required capacity of existing and proposed resource facilities.
B. 
The New York Solid Waste Management Act of 1988 required that municipalities adopt a local law by September 1, 1992, to require that solid waste which has been left for collection or which is delivered by the generator of such waste to a solid waste management facility shall be separated into recyclable, reusable or other components for which economic markets for alternate uses exist.

§ 422-3 Statutory authority; purposes.

This article is adopted pursuant to Chapter 541 of the Laws of 1976, as amended, and Chapter 552 of the Laws of 1980 of the State of New York, as amended,[1] to:
A. 
Institute a plan for the management of recyclable materials generated or originated in the Town of Hamlin to promote the safety, health and well-being of persons and property within Hamlin; and
B. 
Implement the express policy of the State of New York encouraging solid waste reduction through recycling.
[1]
Editor's Note: See § 120-w of the General Municipal Law and Title 1 of Article 27 of the Environmental Conservation Law, respectively.

§ 422-4 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ADMINISTRATOR
The Solid Waste Administrator of Monroe County.
AUTHORIZED HAULER
Any person licensed by the municipality under contract with the county to collect and transport recyclable materials generated or originated within the county.
AUTHORIZED RECYCLING FACILITY OR FACILITIES
A permitted or specifically exempt facility or facilities for processing, reprocessing and/or recycling recyclable materials specified in the regulations promulgated pursuant to Section V(A) of the Monroe County Solid Waste Reuse and Recycling Local Law. This term shall exclude incineration facilities, waste-to-energy facilities and landfills.
CONTAINER
A county-provided blue box container with a county logo for recyclable materials or any other durable container for recyclable materials readily identifiable by the authorized hauler as a container for recyclable materials.
COUNTY
Monroe County.
EXECUTIVE
The County Executive of Monroe County.
FACILITY
Any solid waste management-resource recovery facility employed beyond the initial solid waste collection process which is to be used, occupied or employed for or is incidental to the receiving, transporting, storage, processing or disposal of solid waste or the recovery by any means of any material or energy product or resource therefrom, including recycling centers, transfer stations, processing systems, resource recovery facilities, sanitary landfills, plants and facilities for composting or landspreading of solid wastes, secure land burial facilities, reprocessing and recycling facilities, surface impoundments and waste oil storage, incinerators and solid waste disposal, reduction or conversion facilities.
HAZARDOUS WASTE
Any hazardous waste as defined under the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., or hazardous substance as defined under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq., or hazardous waste as defined under New York Environmental Conservation Law § 27-0901 et seq., as each such law may be amended from time to time, and the regulations promulgated thereunder and any analogous or succeeding federal, state or local law, rule or regulation and any regulations promulgated thereunder and any other material which any governmental agency or unit having appropriate jurisdiction shall determine from time to time cannot be processed at the facility because it is harmful, toxic or dangerous.
OTHER RECOVERABLE MATERIALS
Any material, substance, by-product, compound or any other item generated or originated within the county and separated from solid waste at the point of generation for separate collection, sale, external reuse or reprocessing and/or disposition other than by disposal in landfills, sewage treatment plants or incinerators. "Other recoverable materials" does not include recyclable materials as defined herein.
PERSON
Any natural person, partnership, association, joint venture, corporation, estate, trust, association, county, city, town, village, school district, improvement district, governmental entity or other entity.
RECYCLABLE MATERIALS
Includes, but is not limited to, the following:
A. 
Containers.
(1) 
Aluminum products and containers fabricated primarily of aluminum and commonly used for soda, beer, beverages or other food or drink products and other aluminum products.
(2) 
New and used glass food and beverage containers which have been rinsed and are free of food contamination, including clear (flint), green and brown (amber) colored glass bottles. "Glass" shall not include ceramics, plate glass, auto glass, Pyrex, leaded glass, mirrored glass or flat glass.
(3) 
Containers fabricated primarily of steel or tin or bimetal cans of steel, tin and/or aluminum, but not including aluminum cans.
(4) 
Including high-density polyethylene (HDPE), low-density polyethylene (LDPE), polystyrene and polyethylene terephthalate (PET), commonly used for soda, milk and other containers.
B. 
Paper.
(1) 
Wood-pulp-based material which is usually smooth on both sides but with no corrugated center; excludes material with wax coating.
(2) 
Wood-pulp-based material which is usually smooth on both sides with a corrugated center and is commonly used for boxes; excludes material with wax coating.
(3) 
White and colored office bond, duplicating paper, computer paper and other high-quality paper.
(4) 
Magazines, glossy catalogs and other glossy paper.
(5) 
Common, inexpensive machine-finished paper made chiefly from wood pulp and used for newspapers. This term excludes magazines.
C. 
Other.
(1) 
Material resulting from the construction, renovation, equipping, remodeling, repair and demolition of structures and roads and material consisting of vegetation resulting from land clearing and grubbing, utility line maintenance and seasonal and storm-related cleanup. Such material includes but is not limited to bricks, concrete and other masonry materials, soil, rock, wood, wall coverings, plaster, drywall, plumbing fixtures, nonasbestos insulation, roofing shingles, asphaltic pavement, glass, plastics, electrical wiring and components, carpeting, foam padding, linoleum and metals that are incidental to any of the above.
(2) 
Stoves, refrigerators, dishwashers, dryers, washing machines, water heaters and other large appliances and scrap metal and excluding air conditioners, microwaves and televisions.
(3) 
Including logs, pallets and other wood materials.
(4) 
Grass clippings, leaves, branches up to four inches in diameter and other like vegetative garden materials.
RECYCLING or RECYCLED
Any method, technique or process utilized to separate, process, modify, convert, treat or otherwise prepare solid waste so that its component materials or substances may be beneficially used or reused as raw materials.
SOLID WASTE
All putrescible and nonputrescible solid wastes generated or originated within the county, including but not limited to materials or substances discarded or rejected, whether as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection or for any other reason, or which are being accumulated, stored or physically, chemically or biologically treated prior to being discarded, having served their intended use, or which are a manufacturing by-product, including but not limited to garbage, refuse and other discarded solid materials, including solid waste materials, resulting from industrial, commercial and agricultural operations and from community activities, sludge from air or water pollution control facilities or water supply treatment facilities, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction debris and offal, but not including sewage and other highly diluted water-carried materials or substances and those in gaseous form or hazardous waste as defined in this section.
SOURCE SEPARATION
The segregation of recyclable materials and other recoverable materials from solid waste at the point of generation for separate collection, sale or other disposition.
WASTE STREAM REDUCTION PROGRAM
Includes source separation, recycling programs, changes to the packaging portion of the waste stream to reduce solid waste generated, the activities and enterprises of scrap dealers, processors and consumers and other programs designed to reduce the volume of solid waste or enhance reclamation and recovery of solid waste or recyclable materials otherwise destined for the municipal waste stream. For purposes of this definition, such reduction programs shall not include the processing of waste for incineration or disposal by other means.

§ 422-5 Disposal of solid waste; source separation.

A. 
Solid waste generated or originated within the Town which has been left for collection or which is delivered by the generator of such waste to a facility shall be disposed of as follows:
(1) 
Prior to initial collection or transport, such solid waste shall be source separated into recyclable, reusable or other components for which economic markets exist as provided in the Monroe County Solid Waste Reuse and Recycling Law.
(2) 
Recyclable materials shall not be commingled with other solid waste during collection, transportation or storage following collection. The Town may order such exceptions as it determines are in the public interest.
(3) 
All recyclable materials generated or originated within the Town must be delivered to an authorized recycling facility or handled through a waste stream reduction program.
(4) 
No authorized recycling facility or waste stream reduction program shall receive recyclable materials generated or originated within the Town except as permitted by law.
B. 
Disposal of solid waste which is barred from all authorized recycling facilities by rule, regulations or orders promulgated pursuant to this article, the Monroe County Solid Waste Reuse and Recycling Law or by any other law, regulation or ordinance shall not otherwise be regulated by this article.
C. 
No hazardous waste may be delivered to an authorized recycling facility.

§ 422-6 Collection of recyclables placed at curbside.

A. 
Only persons who are acting under authority of the county or an authorized hauler shall collect, pick up, remove or cause to be collected, picked up or removed any solid waste or recyclable materials so placed for collection. Each such unauthorized collection, pickup or removal shall constitute a separate violation of this article; provided, however, that where the county or an authorized hauler has refused to collect certain recyclable materials because they have not been separated, placed or treated in accord with the provisions of this article or the Monroe County Solid Waste Reuse and Recycling Law, the person responsible for initially placing those materials for collection may and shall remove those materials from any curb, sidewalk or street side.
B. 
Nothing herein shall prevent any person from making arrangements for the private collection, sale or donation of recyclable materials, provided that recyclable materials to be privately collected, sold or donated shall not be placed curbside on or immediately preceding the day for collection of such recyclable materials. Any and all recyclable materials placed in a county-supplied container at curbside or at any designated collection placed shall immediately become the property of the county.

§ 422-7 Authorized haulers.

A. 
License collection.
(1) 
All authorized haulers must either obtain a solid waste collection license from the Town or enter into an authorized hauler contract with the county.
(2) 
An authorized hauler sticker shall be prominently displayed on each vehicle operated by or on behalf of the authorized hauler.
(3) 
Authorized hauler applications may be denied if the applicant or licensee has been adjudged or administratively determined to have committed one or more violations of this article during the preceding calendar year.
(4) 
All authorized haulers licensed by the Town shall indemnify and hold harmless the Town of Hamlin for any pending, threatened or actual claims, liability or expenses arising from waste disposal by the authorized hauler in violation of this article.
(5) 
Authorized haulers shall offer collection services for all recyclable materials to all residential customers for whom they provide solid waste collection services at the same times and on the same days as services are provided to their customers for solid waste collection.
(6) 
Each hauler shall develop and submit for county approval a generic collection plan for collecting recyclable materials from its commercial, industrial and institutional customers as described in the Monroe County Solid Waste Reuse and Recycling Law, Article X.A.5.
(7) 
Authorized haulers shall not accept for collection solid waste which has not been source separated in conformity with the regulations promulgated under Monroe County's Solid Waste Reuse and Recycling Law.

§ 422-8 Suspension or revocation of solid waste license.

A. 
When the designated public official determines that a failure to comply with this article may have occurred, she/he shall recommend to the municipality that the authorized hauler application or the solid waste license be denied, suspended or revoked or its holder subjected to a reprimand or fine or that the generator or originator of the solid waste or recyclable materials be subject to sanctions, fines or penalties as described herein. Notice and an opportunity to be heard shall be provided prior to the denial, suspension or revocation of a solid waste license or authorized hauler permit or the issuance of a sanction, fine or penalty.
B. 
Notification.
(1) 
The designated public official shall notify the affected generator, applicant or licensee of the alleged failure in writing. The notice shall include:
(a) 
A statement of the condition allegedly violated, referred to the pertinent ordinance, law, rule or regulation.
(b) 
A short and plain statement of the alleged misconduct.
(c) 
A statement of the time, place and nature of the hearing.
(2) 
The notice shall be personally served or sent by registered mail to the generator, applicant or licensee's last known address at least 10 days before the hearing date, with a copy to the Administrator.
C. 
Hearings.
(1) 
Hearings shall be held before the Town Justice within a reasonable period, which shall be at least 10 days after service of notice.
(2) 
The generator, applicant or licensee may be represented by counsel at the hearing and may offer evidence and cross-examine witnesses.
(3) 
Within 20 days after the close of the hearing, the Town Justice shall:
(a) 
Determine whether the alleged failure to comply with this article has occurred; and
(b) 
If the Town Justice determines that such a failure has occurred, decide whether the generator or applicant shall be subject to fine or penalty, the application shall be denied or an existing solid waste license or authorized hauler status be suspended or revoked, or its holder subjected to a reprimand, and issue an order carrying out this decision.
D. 
Determinations, decisions and orders.
(1) 
Disposition may be made by stipulation, agreed settlement, consent order, default or other informal method.
(2) 
The Town Justice shall promptly notify the applicant or licensee, in writing, of the final determination, decision or order.

§ 422-9 Enforcement; penalties for offenses.

A. 
Inspections and appearance tickets.
(1) 
All portions of vehicles and containers used to haul, transport or dispose of recyclable materials, including such containers placed outside of residences, shall be subject to inspection to ascertain compliance with this article, the County Solid Waste Reuse and Recycling Law and the rules, regulations or orders promulgated pursuant to the county law, by any police officer, peace officer, code officer and any other public official designated by the county or municipality.
(2) 
Police officers, peace officers, code officers and the specified public servants are hereby authorized and directed to issue appearance tickets for violations of this article.
B. 
Penalties.
(1) 
Civil sanctions. The Town may commence a civil action to enjoin or otherwise remedy any failure to comply with this article.
(2) 
Criminal penalties. In addition to the civil sanctions provided herein, failure to comply with this article shall be a violation as defined in § 55.10 of the Penal Law and penalties may be imposed thereunder and/or under § 10 of the Municipal Home Rule Law.
(3) 
Any penalties or damages recovered or imposed under this article are in addition to any other remedies available at law or equity.
(4) 
No penalties, fines, civil sanctions or other enforcement actions will be commenced prior to June 1, 1992, in order to permit persons regulated hereunder to come into compliance with this article.

§ 422-10 When effective.

The provisions of this article shall be effective on the same date as the County Solid Waste Reuse and Recycling Local Law becomes effective.
[Adopted 4-8-1992 by L.L. No. 4-1992 (Ch. 95, Art. II, of the 1987 Code)]

§ 422-11 Purpose.

The purpose of this article shall be to protect and promote the health, safety and welfare of the people of the Town of Hamlin by controlling littering and regulating the storage of garbage and refuse within the Town.

§ 422-12 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ABANDONING, DEPOSITING or THROWING
The relinquishment of any item of personal property and/or litter with the intention of not reclaiming it nor resuming its ownership or enjoyment. This includes items discharged from vehicles of all types and/or from boats or aircraft.
ASHES
The cold residue from combustion of any type of solid fuel, such as wood, coal, coke, charcoal, paper and/or any similar substance.
GARBAGE
All vegetable, animal or other matter, liquid or otherwise, likely to ferment and decompose and produce noxious odors or become injurious to health, and other materials commonly considered as "garbage."
GARDEN REFUSE
Small tree branches, hedge, brush, vine trimmings, stalks of vegetables and plants, grasses, weeds and similar substances and/or materials found in residential yards.
LITTER
Includes:
A. 
Garbage, refuse, trash or rubbish or any nauseous or offensive matter, such as material from a kitchen, store, restaurant, food stand, etc.
B. 
All waste materials customarily handled or collected by refuse collectors or junk dealers.
C. 
Items known as "junk," regardless of size, discarded or abandoned by reason of obsolescence, age or state of repair or intended to be discarded, abandoned or junked.
D. 
Discarded reading material, newspapers, magazines or similar paper goods.
E. 
Cans, bottles, containers, boxes, cartons or wrappers, with or without contents.
OCCUPANT
The owner, agent, tenant, lessee, caretaker or any other person in charge of any premises affected by this article, whichever classification may be appropriate and effective for its enforcement.
REFUSE and RUBBISH
Ashes, sweepings, paper materials, rags, bottles, tin cans, glass, grass clippings and any other similar materials.
SUITABLE RECEPTACLE
A receptacle having a closely fitted cover or lid, so constructed as to prevent spillage or leakage of the contents. Such receptacles shall be kept in a clean condition.[1]
TRASH
Appliances, furniture, Christmas trees and other articles incapable of being bundled effectively.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 422-13 Prohibited acts.

A. 
No person shall throw, deposit or abandon litter on any property within the Town of Hamlin, whether public or private and whether or not owned by such person, nor shall any property owner use his land for the dumping of litter or permit such dumping or accumulation of litter on his property by others, except that the owner or person in control of private property shall maintain private receptacles for the collection of litter in such manner that litter will not be carried or deposited by the elements upon the yard or premises of others or upon the streets, roads, highways or any other public property.
B. 
Litter not contained in receptacles as aforesaid shall not be stored or piled on land within the Town except to facilitate delivery to the vehicle of a refuse collector and shall not be so stored in anticipation of such collection for a period in excess of 48 hours.
C. 
No person shall throw or abandon or deposit litter upon any open or vacant property within the Town, regardless of the ownership thereof.
D. 
No person shall throw or deposit or abandon litter in or upon any street, highway, walk, park, parking area or other public place within the Town except in receptacles provided.
E. 
No person shall throw or deposit or abandon any litter or foreign matter of any kind whatsoever in any pool, pond, lake, stream, culvert, watershed or any body of water within the Town, except treatment authorized by the state, county or Town to control or regulate water purity or aquatic vegetation.
F. 
Producers of route-carrier-generated materials such as newspapers, advertisers, flyers, tabloids, etc., exclusive of the United States mail, must re-collect any remaining materials left during the prior delivery before the new issue can be delivered. Frequency of re-collection must equal frequency of distribution, but in no event shall any materials be left unclaimed for more than one week.
G. 
The prohibitions contained herein against the deposit of litter shall include activities such as dumping, the maintenance of dumps or landfill operations for any purpose or the use of property in the Town as a dumping ground for the benefit of the owner or any other person.

§ 422-14 Compost.

Nothing in this article shall be construed as denying any person the right to maintain a mulch pile or accumulation of grass cuttings, leaves or other inoffensive materials on his own or leased property as long as dust, odors or other nuisances are not permitted to develop from the resulting compost.

§ 422-15 Penalties for offenses.

Any person committing an offense against any provision of this article shall be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment, for each and every violation.