[Adopted 7-22-1991 by L.L. No. 2-1991 (Ch.
160, Art. I, of the 1983 Code)]
This article shall be known as the "Solid Waste
Management Law."
The Board of Trustees of the Town/Village of
East Rochester 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 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.
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, to:
A.
Institute a plan for the management of recyclable
materials generated or originated in the Town/Village of East Rochester
to promote the safety, health and well-being of persons or property
within the Town/Village of East Rochester; and
B.
Implement the express policy of the State of New York
encouraging solid waste reduction through recycling.
As used in this article, the following terms
shall have the meanings indicated:
The Solid Waste Administrator of Monroe County.
Any person licensed by the municipality under contract with
the county to collect and transport recyclable materials generated
or originated within the county.
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 county-provided blue box container with a county logo for
recyclable materials or any other durable container for recyclable
materials readily identifiable by the hauler as a container for recyclable
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 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 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.
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" do not include recyclable materials as defined herein.
Any natural person, partnership, association, joint venture,
corporation, estate, trust, association, county, city, town, village,
improvement district, governmental entity or other legal entity.
Include but are 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 aluminum products.
BOXBOARDWood-pulp-based material which is usually smooth on both sides but with no corrugated center; excludes material with wax coating.
CORRUGATEDWood-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.
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 wood pulp and used for newspapers. This term excludes magazines.
PLASTICSInclude high-density polyethylene (HDPE), low-density polyethylene (LDPE), polystyrene and polyethylene terephthalate (PET); commonly used for soda, milk and other containers.
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 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, 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.
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/Village
of East Rochester 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 into recyclable, reusable or other
components for which economic markets exist as provided in the rules
and regulations promulgated hereunder. Containers shall be used for
recyclable materials. Landlords shall provide containers for their
tenants. Replacement containers may be purchased from the Town/Village
of East Rochester at such price as may be fixed from time to time.
[Amended 9-9-1991 by L.L. No. 9-1991]
(2)
Recyclable materials shall not be commingled with
other solid waste during collection, transportation or storage following
collection. The Board of Trustees of the Town/Village of East Rochester
may order such exceptions as it determines are in the public interest.
(3)
All recyclable materials generated or originated within
the Town/Village of East Rochester 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/Village of East Rochester 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
this article 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.
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 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, 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 place shall immediately become the property
of the county.
A.
All authorized haulers must either obtain a solid
waste collection license from the Town/Village of East Rochester or
enter into an authorized hauler 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 article during the
preceding calendar year.
D.
All authorized haulers licensed by the Town/Village
of East Rochester shall indemnify and hold harmless the Town/Village
of East Rochester for any pending, threatened or actual claims, liability
or expenses arising from waste disposal by the authorized hauler in
violation of this article.
E.
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.
F.
Each hauler shall develop and submit for county approval
a generic collection plan for collecting recyclable materials from
its commercial, industrial and institutional customers.
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 Management
Local Law.
A.
When the designated public official determines that
a failure to comply with this article may have occurred, he shall
recommend to the municipality that the authorized hauler application
be denied or the solid waste license be suspended or 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. Notice and an opportunity to be
heard shall be provided prior to the denial of a solid waste license
or authorized hauler application, the suspension or revocation of
a solid waste license 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:
(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 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 shall 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 article, the County Solid Waste Management Law
and the rules, regulations or orders promulgated pursuant to the county
law by any police officer, peace officer or 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/Village of East Rochester
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 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.
(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.
The provisions of this article shall be effective
on the same date as the County Solid Waste Management Local Law becomes
effective.