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:
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 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.
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 hauler as a container for recyclable
materials.
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 other 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" do not include recyclable materials as defined herein.
PERSON
Any natural person, partnership, association, joint venture,
corporation, estate, trust, association, county, city, town, village,
improvement district, governmental entity or other legal entity.
RECYCLABLE MATERIALS
Include but are not limited to the following:
A.
ALUMINUMAluminum products and containers fabricated primarily of aluminum and commonly used for soda, beer, beverages or other food or drink products and aluminum products.
B.
BOXBOARDWood-pulp-based material which is usually smooth on both sides but with no corrugated center; excludes material with wax coating.
C.
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.
D.
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.
E.
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.
F.
MAGAZINESMagazines, glossy catalogs and other glossy paper.
G.
HIGH-GRADE PAPERWhite and colored office bond, duplicating paper, computer paper and other high-quality paper.
H.
LARGE APPLIANCESStoves, refrigerators, dishwashers, dryers, washing machines, water heaters and other large appliances and scrap metal, and excluding air conditioners, microwaves and televisions.
I.
METAL CANSContainers fabricated primarily of steel or tin or bimetal cans of steel, tin and/or aluminum, but not including aluminum cans.
J.
NEWSPRINTCommon, inexpensive machine-finished paper made chiefly from wood pulp and used for newspapers. This term excludes magazines.
K.
PLASTICSInclude high-density polyethylene (HDPE), low-density polyethylene (LDPE), polystyrene and polyethylene terephthalate (PET); commonly used for soda, milk and other containers.
L.
WOOD WASTEIncludes logs, pallets and other wood materials.
M.
YARD WASTEGrass 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, 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.
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.
The provisions of this article shall be effective
on the same date as the County Solid Waste Management Local Law becomes
effective.