The intent and objective of this chapter is
to promote and protect the public health and welfare by regulating
the safe collection and disposal of solid waste; to reduce the amount
of solid waste transported to solid waste facilities; to recover recyclable
materials and deliver them to their final disposal site; to offer
alternative refuse disposal and recycling options; and to encourage
participation by the whole community in more efficient solid waste
management through a simple and cost-effective recycling plan.
As used in this chapter, unless otherwise expressly
stated, the following terms shall have the meanings indicated:
ABANDONED VEHICLES
All vehicles which are no longer intended for or in condition
for legal use on public streets or highways and which do not possess
a current New York State Motor Vehicle inspection or registration
sticker and shall include but not be limited to cars, buses, trucks,
and motorcycles.
ASHES
The residue resulting from the burning of wood, coal, coke,
or other combustible material.
ASH RESIDUE
All the solid residue and entrained liquid resulting from
the combustion of solid waste, or solid waste in combustion with fossil
fuel, at a solid waste incinerator, including bottom ash, boiler ash,
fly ash and solid residue of any air pollution control device used
at a solid waste incinerator.
CANS
Containers comprised of aluminum, tin, steel, or a combination
thereof, which contain or formerly contained food and/or beverage
substances.
CARDBOARD
All corrugated cardboard normally used for packing, mailing
or shipping of perishable/nonperishable goods, merchandise or other
material, but shall not mean wax-coated or soiled cardboard.
CITY COUNCIL
The elected governing body of the City of Troy consisting
of six district representatives and three at-large representatives.
COLLECTOR
Any individual or firm permitted by the City, in accordance
with this chapter, to manage the collection of recyclable materials
within the corporate boundaries of the City.
COMMERCIAL WASTE
All solid waste emanating from establishments engaged in
business. This category includes, but is not limited to, solid waste
originating in stores, markets, office buildings, restaurants, shopping
centers and theaters, and waste generated by nonmanufacturing activities
at industrial facilities.
COMMINGLED
To blend together designated recyclables in one collection
device that are separated from the disposable materials in the municipal
solid waste stream.
COMMISSIONER
The Commissioner of the City of Troy Department of General
Services or the Deputy Mayor in the event that a Commissioner of General
Services has not been appointed.
[Amended 12-29-2017 by Ord. No. 133]
COMPOST
Decayed organic matter, including but not limited to yard
waste, kitchen scraps, table cleanings, fruit and vegetable parings,
decaying vegetable, animal and fruit matter.
CONSTRUCTION AND DEMOLITION DEBRIS WASTE
Waste and building material, dredging materials, grubbing
waste and rubble resulting from construction, remodeling, repair and
demolition operations on houses, commercial buildings and other structures
and pavements.
DEAD ANIMALS
All animals that have died naturally or have been killed,
and shall include but not be limited to cats, dogs, cows, horses,
pigs and rodents.
ELECTRONIC WASTE
All waste products that were once electronic in nature, including
but not limited to televisions, computers, monitors, keyboards, cell
phones, typewriters, and telephones. Electronic waste is controlled
by New York State and is illegal to throw out in a solid waste stream.
[Added 11-29-2018 by Ord.
No. 103]
GARBAGE
All animal and vegetable waste resulting from the handling,
processing, preparation, cooking or consumption of foods in any private
dwelling house, multiple-dwelling house, hotel, restaurant, building,
or institution.
GLASS
All clear (flint), green, or brown (amber) colored glass
containers, crystal and plate, window, and laminated or mirrored glass,
but shall not include wire glass.
HAZARDOUS MATERIALS/HAZARDOUS WASTE
Any refuse the handling or disposal of which, in the opinion
of the Commissioner, would constitute a danger to City employees,
City property, or the public and shall include but not be limited
to radioactive wastes, toxic chemicals, concentrated acids, flammable
oils, and pathological wastes.
INDUSTRIAL WASTES
Any and all residue resulting directly from industrial or
manufacturing operations and shall include but not be limited to water
treatment plant wastes, sewage solids, building wastes, and bulk wastes.
LARGE HOUSEHOLD FURNISHINGS
Any large bulky article actually used in the home and which
may be used for living, including but not limited to chairs, sofas,
tables, beds and carpets.
METAL/WHITE GOODS
Any large bulky household mechanisms, including but not limited
to refrigerators, washers, dryers, stoves, hot water tanks and any
other household items made of aluminum, steel, brass, copper, stainless
steel, iron, or any combination thereof, but not including cans, as
defined in this section.
NONRECYCLABLE REFUSE
Materials currently not designated as recyclable, including
but not limited to rags, sweepings, leather, fabrics, crockery, shells,
and similar waste materials.
NEWSPAPER
Newsprint and all newspapers and newspaper advertisements,
supplements, comics and enclosures.
PAPER
All high-grade office paper, fine paper, bond paper, low-grade
office paper, Xerox paper, mimeo paper, duplication paper, magazines,
paperback books, all types of school paper, catalogs, junk mail, computer
paper, telephone books, and similar material as specifically designated,
but shall not mean newspaper, wax paper, plastic- or foil-coated paper,
styrofoam, wax-coated food and beverage containers, carbon paper,
blueprint paper, paper contaminated by food, soiled paper, and cardboard.
PLASTICS
Items composed of a plastic-based component, including but
not limited to high-density polyethylenes (HDPE), low-density polyethylenes
(LDPE), polyethylene terephthalate (PET) and polyvinyl chloride (PVC)
or other specific plastics as designated by the City, which contained
or contain substances including but not limited to food and/or beverages.
RECYCLABLES
Those solid wastes designated by the City that exhibit the
potential to be used repeatedly in place of a virgin material and
to be marketable in a cost-effective manner, and shall include but
not be limited to clean plastic and glass containers, metal and bimetal
cans, dry discarded newspaper, cardboard and flat paper. A list of
all designated recyclables shall be maintained on file in the main
office of the City's Department of Public Works.
RECYCLING COORDINATOR
That person appointed by the Mayor to coordinate the recycling
program, to arrange for the marketing and/or appropriate disposal
of collected items, and to perform educational and informational functions.
RESIDENTIAL PREMISES
A building (synonymous with residence) containing one to
three residential units; shall not include a hotel, motel or hospital,
dormitory, fraternity, sorority, boarding house or nonprofit facility
providing client housing services.
[Added 12-29-2017 by Ord.
No. 133; amended 6-3-2021 by Ord. No. 33]
RESIDENTIAL UNIT
An individual enclosed living space providing kitchen, bathroom
facilities along with space for sleeping, etc., with its own entrance.
[Added 12-29-2017 by Ord.
No. 133]
RUBBISH
All cardboard, plastic, metal or glass food or beverage containers,
waste paper, rags, sweepings, small pieces of wood, rubber, leather,
and similar waste materials that ordinarily accumulate around a home,
business, industry, institution, or public facility.
SCAVENGING
The unauthorized picking through, sorting or removal of recyclable
materials following the placement for collection of such materials
in or about the City right-of-way.
SOLID WASTE
Materials or substances discharged or rejected as being spent,
useless, worthless or in excess by the owner at the time of such discard
or rejection, except sewage and other highly diluted water-carried
materials or substances and those in gaseous form. Such waste shall
include but not be limited to garbage, sludge, rubbish, ashes, incinerator
residue, dead animals, abandoned vehicles, industrial wastes, commercial
wastes, and construction and demolition debris.
SOLID WASTE COLLECTION PERMIT (SWCP)
That permit issued by the City to an individual or firm which
authorizes said individual or firm to collect some or all categories
of solid waste, as defined in this Code, within the boundaries of
the City of Troy. The Commissioner shall issue each said permit on
behalf of the City and he/she shall specify which categories of solid
waste may be collected pursuant to said permit.
SOURCE-SEPARATED
The segregation and collection of individual recyclable components
before they become mixed into the municipal solid waste stream.
[Amended 12-29-2017 by Ord. No. 133]
Failure to comply with this chapter by any person or firm shall
be deemed a violation punishable by a fine no greater than $250 or
imprisonment no longer than 15 days, or both. Each day that a violation
of this chapter continues shall constitute a separate offense punishable
by a fine and/or imprisonment.
Based on the recommendations of the Mayor, the
City reserves the right to amend this chapter in total or in part.
This chapter is enacted pursuant to the authority
and directive contained in § 120-aa of the General Municipal
Law of the State of New York.