[HISTORY: Adopted by the Clarkson Town Board 11-20-1992
by L.L. No. 5-1992. Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 4.
Dumps and dumping — See Ch. 59.
This chapter shall be known as the "Reuse and Recycling Law."
The Town Board of the Town of Clarkson 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 1968 requires
that municipalities adopt a local law 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 in recyclable, reusable
or other components for which economic markets for alternate uses exist.
This law 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, and its purpose is to:
A.
Institute a plan for the management of recyclable material
generated or originated in the Town of Clarkson to promote the safety, health
and well-being of persons and property within Clarkson; and to
B.
Implement the express policy of the State of New York
encouraging solid waste reduction through recycling.
As used in this chapter, the following terms shall have the meanings
indicated:
The Solid Waste Administrator of the Town of Clarkson, the Town Supervisor
or such other officer or employee of the town who may, from time to time,
be designated by the Town Board with the responsibility for the town's
solid waste issues and programs.
Any person licensed by the Town of Clarkson or who is under contract
with the county to collect and transport recyclable materials generated or
originated within the county.
A permitted or specifically exempt facility or facilities for processing,
reprocessing and/or recycling recyclable materials specified in the regulations
promulgated pursuant to this chapter. This term shall exclude incineration
facilities, waste-to-energy facilities and landfills.
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 recycling materials.
Monroe County.
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 center, transfer
stations, processing systems, resource recovery facilities, sanitary landfills,
plants and facilities for composting or landspreading or solid wastes, 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 such law may be amended from time to time, and the 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.
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 herein.
Any natural person, partnership, association, joint venture, corporation,
estate, trust, association, county, city, town, village, school district,
improvement district, governmental entity or other legal entity.
Includes, but is not limited to the following:
Containers.
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.
GLASS FOOD AND BEVERAGE CONTAINERSNew 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.
METAL CANSContainers fabricated primarily of steel or tin, or bimetal cans of steel, tin and/or aluminum, but not including aluminum cans.
PLASTICSIncluding high density polyethylene (HDPE), low density polyethylene (LDPE), polystyrene and polyethylene terepthalate (PET), commonly used for soda, milk and other containers.
Paper.
BOXBOARDWoodpulp-based material which is usually smooth on both sides with a corrugated center. Excludes material with wax coating.
CORRUGATEDWoodpulp-based material which is usually smooth on both sides with a corrugated center. Commonly used for boxes. Excludes material with wax coating.
HIGH GRADE PAPERWhite and colored office bond, duplicating paper, computer paper and other high-quality paper.
MAGAZINESMagazines, glossy catalogs and other gloss paper.
NEWSPRINTCommon, inexpensive machine-finished paper made chiefly from wood-pulp and used for newspapers. This term excludes magazines.
Other.
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.
LARGE APPLIANCESStoves, refrigerators, dishwashers, dryers, washing machines, water heaters and other large appliances and scrap metal and excluding air conditioners, microwaves and televisions.
WOOD WASTEIncludes 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 land, 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 of substances and those in gaseous form, or
hazardous waste as defined in this chapter.
The segregation of recyclable materials and other recoverable materials
from solid waste at the point of generation for separate collection, sale
or other disposition.
Town of Clarkson.
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 program
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 of
Clarkson 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 Regulations.
(2)
Recyclable materials shall not be commingled with other
solid waste during collection, transportation or storage following collection.
The Administrator may order such exceptions as she/he determines are in the
public interest.
(3)
All recyclable materials generated or originated within
the Town of Clarkson must be delivered to an authorized recycling facility
or handled through a waste stream reduction program; and
(4)
No authorized recycling facility or waste stream reduction
program shall receive recyclable materials generated or originated with the
Town of Clarkson, except as permitted by law.
B.
Disposal of solid waste which is barred from all authorized
recycling facilities by rules, regulations or orders promulgated pursuant
to this chapter, the Monroe County Solid Waste Reuse and Recycling Law or
by any other law, regulation or ordinance shall not otherwise be regulated
by this chapter.
C.
No hazardous waste may be delivered to an authorized,
recycling facility.
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 recyclable materials so placed for collection;
each such unauthorized collection, pickup or removal shall constitute a separate
violation of this chapter; provided, however, that where 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 chapter
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 on a
county-supplied container at curbside or at any designated collection place
shall immediately become the property of the county.
A.
All authorized haulers must either obtain a solid waste
collection license from the Town of Clarkson if the town elects to enter into
a licensing program or be an authorized hauler under contract with the county.
B.
An authorized hauler sticker shall be prominently displayed
on each vehicle operated by or on behalf of the authorized hauler.
C.
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 chapter during the preceding calendar year.
D.
All authorized haulers licensed by the Town of Clarkson
shall indemnify and hold harmless the Town of Clarkson for any pending, threatened
or actual claims, liability or expenses arising from waste disposal by the
authorized hauler in violation of this chapter.
E.
Authorized haulers shall offer collection services for
all recyclable materials to all residential customers from whom they provide
solid waste collection services at the same times and an the same days as
services are provided to their customers for solid waste collection.
F.
Each hauler shall develop and submit for the Town of
Clarkson and county's 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.
G.
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.
In the event that the Town of Clarkson elects to enter into a licensing
program, the following regulations shall apply:
A.
When the designated public official determines that a
failure to comply with this chapter may have occurred, she/he shall recommend
to the municipality that the authorized hauler application or the solid waste
license be denied, suspended, 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.
Notice.
(1)
The designated public official shall notify the affected
generator, applicant or licensee of the alleged failure in writing. The notice
shall include:
(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.
Hearing.
(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 chapter 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 to ascertain compliance
with this chapter, 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 Town of Clarkson.
(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 chapter.
B.
Penalties.
(1)
Civil sanctions. The Town of Clarkson may commence a
civil action to enjoin or otherwise remedy any failure to comply with this
chapter.
(2)
Criminal penalties. In addition to the civil sanctions
provided herein, failure to comply with this chapter 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
chapter 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 chapter.
