[Added 1-17-1991 by Ord. No. 1546]
The City Council of the City finds that the
reduction of the amount of solid waste and the conservation of recyclable
materials are important public concerns. The separation and collection
of newspaper, paper, cardboard, glass, cans, plastic containers, vegetative
yard waste and other materials for recycling from the residential,
commercial, industrial and institutional establishments in the City
will protect and enhance the city's physical and visual environment
as well as promote the health, safety and well-being of persons and
property within the City by minimizing the potential adverse effects
of landfilling through reduction of the need for landfills and conservation
of existing landfill capacity, facilitating the implementation and
operation of other forms of solid waste management, conserving natural
resources, ensuring conformances with the New York State Solid Waste
Management Plan and facilitating the implementation of a solid waste
management plan for the City as a whole. The promotion and use of
recyclable materials, goods produced from recyclable materials and
goods which facilitate recycling will further serve the same purpose
by encouraging and facilitating recycling.
As used in this article, the following definitions
shall apply:
Containers comprised of aluminum, tin, steel or a combination
thereof which contain or formerly contained only food and/or beverage
substances.
All corrugated cardboard normally used for packing, mailing,
shipping of containerizing goods, merchandise or other material, but
shall not mean wax-coated or solid cardboard.
The Commissioner of the Department of Public Works.
The City of Watervliet Department of Public Works.
The transportation, placement or arrangement for transportation
or placement of designated recyclable materials for all possible end
uses to the City of Albany ANSWERS facility.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
All clear (flint), green and brown (amber) colored glass
containers.
A solid waste or a combination of solid wastes which, because
of its quantity, concentration or physical, chemical or infectious
characteristics, may cause or significantly contribute to an increase
in mortality or an increase in serious irreversible or incapacitating
reversible illness or pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported or disposed of or otherwise managed. Such materials or
wastes shall include, but are not limited to, explosives, hazardous
radioactive materials, toxic substances and those substances which
the Commissioner has identified as a hazardous waste pursuant to the
above criteria and has included on a list of hazardous waste promulgated
by the Department of Public Works.
Five (5) or more residential units located on a single property
or continuous properties under common ownership, control or management.
For this purpose, "residential" shall mean an enclosed space consisting
of one (1) or more rooms designed for use as a separate residence
and shall include, but is not limited to, an apartment, condominium
unit, town house cooperative unit, mobile home, living unit in a group
home and room or set of rooms in a boardinghouse, but shall not include
rooms within a single family residence, motel or hotel.
Includes newsprint and all newspapers and newspaper advertisements,
supplements, comics and enclosures.
All high-grade office paper, fine paper, bond paper, office
paper, xerographic paper, mimeograph paper, duplication paper, magazines,
paperback books, school paper, catalogs, junk mail, computer paper,
telephone books and similar cellulosic material, but shall not mean
newspaper, wax paper, plastic or foil-coated paper, styrofoam, wax-coated
food and beverage containers, carbon paper, blueprint paper, food
contaminated paper, soiled paper and cardboard.
An individual, firm, partnership, company, corporation, association,
joint venture, cooperative enterprise, trust, municipality or other
governmental agency or any other entity or any group of such persons
which is recognized by law as the subject of rights and duties. In
any provisions of this article prescribing a fine, penalty or imprisonment,
the term "person" shall include the officers, directors, partners,
managers or persons in charge of a company, corporation or other legal
entity having officers, directors, partners, managers or other persons
in charge.
Containers composed of high-density polyethylene, polyethylene
terephtalate or other specific plastics as the City may designate.
A material which would otherwise become solid waste which
can be collected, reclaimed, used or processed, treated, reclaimed,
used or reused to produce a new material or product.
Those recyclable materials designated by this article and/or
by determination of the Commissioner to be source separated. The term
includes, but is not limited to, newspaper, glass, paper, cardboard,
cans, plastic containers and vegetative yard waste.
Any process by which materials which would otherwise become
solid waste are collected, separated and/or processed, treated, reclaimed,
used or reused to produce a raw material or product.
Any facility designed and operated solely for the receiving
and storing of source-separated designated recyclable materials.
Any person residing within the City on a temporary or permanent
basis, but excluding persons residing in hotels or motels. For purposes
of this article, "resident" does not include commercial, industrial
or institutional establishments.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, including, but not limited to, nonrecyclable
paper, wrappings, cigarettes, wood, wire, glass, bedding, furniture
and similar materials which are not designated recyclable materials.
All putrescible and nonputrescible materials or substances
discarded or rejected as having served their original intended use
or as being spent, useless, worthless or in excess to the owner at
the time of such discard or rejection, including garbage, refuse,
litter, rubbish, industrial waste, but not including designated recyclable
materials, solid or dissolved matter in domestic sewage or substances,
materials in noncontainerized gaseous form or hazardous materials
or waste.
To separate recyclable materials from the solid waste stream
at the point of waste generation.
Organic yard and garden waste, leaves, grass clippings and
brush.
All designated recyclables placed for collection,
or other location, by residents for collection pursuant to the curbside
programs established pursuant to this article shall be prepared for
collection in accordance with regulations promulgated by the Commissioner.
A.
In any area designated by the Commissioner of this
chapter, there is also established a program (private collection program)
for the source separation, collection and delivery of newspaper and
any other designated recyclable material included in the curbside
program from all nonphysically disabled residents of multiresidential
complexes.
B.
The owner, manager or superintendent of every multiresidential complex subject to Subsection A above shall provide and maintain, in a neat and sanitary condition, recycling collection areas to receive newspaper and other designated recyclables included in the curbside program which are generated by residents of the complex. In cases where a condominium, cooperative, homeowners' or similar association exists, the association shall be responsible for provision and maintenance of the recycling collection areas. Said recycling collection areas shall be constructed and capable of receiving newspaper and other designated recyclables within one hundred eighty (180) days of such inclusion in the curbside program.
C.
Once the recycling collection area for a particular
multiresidential complex has been constructed and is capable of receiving
newspaper and other designated recyclables as may be included in or
added to the curbside program, all nonphysically disabled residents
of such complex shall source separate such materials by placing them
in the appropriate containers or areas within the collection area.
D.
The owner, manager or superintendent of each multiresidential complex subject to Subsection A above shall arrange for the collection for recycling of newspaper and other designated recyclables from the recycling collection areas.
E.
The number and design of the recycling collection
areas required by this section for each multiresidential complex shall
be consistent with guidelines provided by the Commissioner.
Designated recyclables required to be placed in recycling collection areas pursuant to § 168-21 of this article shall be prepared for collection in accordance with regulations promulgated by the Commissioner.
A.
All commercial, industrial and institutional establishments
within an area of the City subject to a curbside program established
pursuant to regulation of the Commissioner shall source separate and
arrange for the collection for recycling of newspaper and any and
all other designated recyclables as may be included in or added to
such curbside program within 180 days of such inclusion in the curbside
program.
B.
Designated recyclables for the mandatory commercial,
industrial and institutional source-separation program may consist
of the following materials:
(1)
Newspaper;
(2)
High-grade paper, including, but not limited to, white
letterhead paper, white bond paper, white typing paper, white copier
paper, white note pad paper, white writing paper, white envelopes
without glassine windows, other nonglossy white office paper without
plastic, computer printout paper, computer tab cards and white onion
skin paper;
(3)
Corrugated cardboard;
(4)
Glass containers, plastic containers and cans generated
by food and beverage service establishments;
(5)
Vegetative yard waste; and
(6)
Other recyclable materials as designated by resolution
of the City at all times 30 days after said designation and publication
of notice in an official newspaper of the City or a newspaper of general
circulation within the city.
C.
The arrangement for collection of designated recyclables
for disposition hereunder shall be the responsibility of the person
who owns, manages or operates the commercial, industrial or institutional
establishment at which the recyclables are generated (generator) or
the person contractually obligated to the generator to arrange for
collection and disposal of its solid waste.
Nothing in this article shall be construed as
preventing any person from utilizing vegetative yard waste for compost,
mulch or other agricultural, horticultural, silvicultural, gardening
or landscaping purposes.
The Department of Public Works is authorized
to enforce the provisions of this article and to administer the recycling
programs established herein. The Commissioner of said department may
adopt and promulgate, amend and repeal rules and regulations implementing
this article in order to carry out and effectuate the intent and purposes
thereof.
A.
It shall be unlawful for:
(1)
Any person, other than those persons so authorized,
to collect any designated recyclable which has been placed at the
roadside for collection or within a recycling collection area pursuant
to this article.
(2)
Any person to violate or to cause to assist in the
violation of any provision of this article or any implementing rule
or regulation promulgated by the Commissioner of the Department of
Public Works.
(3)
Any person to place or to cause to be placed any material
other than a designated recyclable in or near a recycling collection
area.
B.
All unlawful conduct set forth in this section shall
constitute a violation.
The Department of Public Works may refuse to
collect solid waste from any person who has clearly failed to source
separate recyclables (as designated under an applicable section of
this article) at any solid waste disposal facility owned or operated
by the city.
A.
Nothing contained in this article shall be construed
to interfere with or in any way modify the provisions of any existing
contract in force in the City on the effective date of this article.
B.
No renewal of any existing contract upon the expiration
of the original term thereof and no new contract for the collection,
transportation, processing or purchase of solid waste or recyclables
shall be entered into after the effective date of this article, unless
renewal of such contract shall conform to the requirements of this
article.
[Amended 9-5-1996 by Ord. No. 1638]
A.
In addition to any other remedy provided herein, the
City may institute a suit in equity where unlawful conduct exists
for an injunction to restrain a violation of this article.
B.
The penalties and remedies prescribed by this article
shall be deemed concurrent. The existence or exercise or any remedy
shall not prevent the City from exercising any other remedy provided
herein or otherwise provided at law or equity.
C.
The terms and provisions of this article are to be
liberally construed, so as best to achieve and effectuate the goals
and purposes hereof.
