[HISTORY: Adopted by the Town Board of the Town of Perinton: Art.
I, 7-24-1991 by L.L. No. 5-1991 (Ch. 82 of the 1976 Code). Amendments noted
where applicable.]
[Adopted 7-24-1991 by L.L.
No. 5-1991 (Ch. 82 of the 1976 Code)]
This article shall be known as the "Recycling Law of the Town of Perinton."
The Town Board 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[1] requires that municipalities adopt a local law or ordinance 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.
[1]
Editor's Note: See § 120-aa of the General Municipal Law.
A.
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]
(1)
To institute a plan for the management of recyclable
materials generated or originated in the Town, to promote the safety, health
and well-being of persons and property within the Town.
[1]
Editor's Note: See § 120-w of the General Municipal Law
and § 27-0103 et seq. of the Environmental Conservation Law.
B.
It is the Town's ultimate goal to recycle all of the
items defined in this article as recyclable materials; however, the Town recognizes
this can occur only as the appropriate facilities become available. Therefore,
the recyclable materials which are mandated for pickup shall be set forth
in the authorized haulers contract.
As used in this article, the following terms shall have the meanings
indicated:
The Solid Waste Administrator of Monroe County.
Any person licensed or authorized by the Town to collect and transport
recyclable materials generated or originated within the Town.
A permitted facility or facilities for processing recyclable materials
specified in the rules and regulations promulgated pursuant to this article.
This term shall exclude incinerating facilities, waste-to-energy facilities
and landfills.
A blue box container with a county or Town logo for recyclable materials
readily identifiable by the hauler as a container for recycling materials.
The County of Monroe.
The County Executive of Monroe County.
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 waste, secure
land burial facilities, reprocessing and recycling facilities, surface impoundments
and waste oil storage, incinerators and other solid waste disposal, reduction
or conversion facilities.
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 materials
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.
Any material, substance, by-product, compound or any other item generated
or originated within the Town 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 do not include recyclable materials
as defined therein.
Any natural person, partnership, association, joint venture, corporation,
estate, trust, association, county, city, Town, village, improvement district,
governmental entity, school district or other legal entity.
Includes but is not limited to the following:
ALUMINUMAluminum products and containers fabricated primarily of aluminum and commonly used for soda, beer, beverages or other food or drink products and other aluminum products.
BOXBOARDWoodpulp-based material which is usually smooth on both sides but with no corrugated center; excludes material with wax coating.
CORRUGATEDWoodpulp material which is usually smooth on both sides with corrugated center and is commonly used for boxes; excludes materials with wax coating.
CONSTRUCTION AND DEMOLITION DEBRISMaterial 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.
GLASS BOTTLESNew 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.
MAGAZINESMagazines, glossy catalogs and other glossy paper.
HIGH-GRADE PAPERWhite and colored office bond, duplicating paper, computer paper and other high-quality paper.
LARGE APPLIANCESStoves, refrigerators, dishwashers, dryers, washing machines, water heaters and other large appliances and scrap metal and excluding air conditioners, microwaves and televisions.
METAL CANSContainers fabricated primarily of steel or tin, or bimetal cans of steel, tin and/or aluminum, but not including aluminum cans.
NEWSPRINTCommon, inexpensive machine finished paper made chiefly from woodpulp and used for newspapers. This term excludes magazines.
PLASTICSIncluding high-density polyethylene (HDPE) No. 2, low-density polyethylene (LDPE) No. 4, polystyrene No. 6 and polyethylene terepthalate (PET) No. 1; commonly used for soda, milk and other containers.
WOOD WASTEIncluding logs, pallets and other wood materials.
YARD WASTEGrass clippings, leaves, branches up to four inches in diameter and other like vegetative garden materials.
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.
All putrescible and nonputrescible solid wastes generated or originated
within the Town, 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
are being accumulated, stored or physically, chemically or biologically treated
prior to being discarded, have served their intended use or 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 article.
The segregation of recyclable materials and other recoverable materials
from solid waste at the point of generation for separate collection, sale
or other disposition.
The Town of Perinton.
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.
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 solid waste management facility shall be disposed of as follows:
(1)
Prior to initial collection or transport, such solid
waste shall be source-separated by any person into recyclable, reusable or
other components for which economic markets exist.
(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
facilities by rules, regulations or orders promulgated pursuant to Monroe
County's Solid Waste Management Local Law[1] or this article or by any other law, regulation or ordinance shall
not otherwise be regulated by this article.
[1]
Editor's Note: See Ch. 347, Solid Waste Management, of the Code of
Monroe County.
C.
No hazardous waste may be delivered to an authorized
recycling facility.
D.
No facility other than an authorized recycling facility
shall accept for disposal recyclable materials which have been source-separated.
A.
Only persons who are acting under authority of the Town
or an authorized hauler shall collect, pick up, remove or cause to be collected,
picked up or removed, any solid waste recyclable materials placed in or adjacent
to a container for collection. Each such unauthorized collection, pickup or
removal shall constitute a separate violation of this article. However, where
the county, Town 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, 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
Town- or county-supplied container at curbside or at any designated collection
place shall immediately become the property of the county or Town.
Haulers shall be subject to the following requirements:
A.
All authorized haulers must enter into an authorized
hauler agreement with the Town.
B.
An authorized hauler sticker shall be prominently displayed
on each vehicle operated by or on behalf of the authorized hauler.
C.
Each hauler shall develop and submit a generic collection
plan for Town approval for collecting recyclable materials from its commercial,
industrial and institutional customers.
D.
Haulers shall report to the Town the delivery of any
solid waste to a collection site which has not been source-separated in conformity
with this article.
A.
When the Code Enforcement Officer determines that a failure
to comply with this article may have occurred he shall recommend to the county
or to the Town that the authorized hauler application be denied or the solid
waste license be suspended, revoked or its holder subjected to a reprimand
or that the generator or originator of the solid waste or recyclable materials
be subject to sanctions or penalties as described herein.
B.
The Code Enforcement Officer shall notify the affected
generator, applicant or licensee of the alleged failure in writing.
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, revoked or its holder subjected
to a reprimand, and issue an order carrying out this decision.
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 by any police officer
or the Code Enforcement Officer of the Town to ascertain compliance with this
article, the County Solid Waste Management Law[1] and the rules, regulations or orders promulgated pursuant to the
county law.
[1]
Editor's Note: See Ch. 347, Solid Waste Management, of the Code of
Monroe County.
(2)
Police officers and the Code Enforcement Officer are
hereby authorized and directed to issue appearance tickets for violations
of this article.
B.
Penalties.
(1)
The Town may commence a civil action to enjoin or otherwise
remedy any failure to comply with this article.
(2)
In addition to the civil sanctions provided herein, failure
to comply with this article or the rules and regulations promulgated hereunder
shall be a violation as defined in § 55.10 of the Penal Law and
penalties may be imposed thereunder. Appeal may be taken by the aggrieved
party in the same way as an appeal of a violation under Penal Law § 55.10.
(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.
