[HISTORY: Adopted by the Board of Trustees of the Village of Geneseo as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-14-1992 by L.L. No. 2-1992]
The Village finds that:
The removal of certain materials from the solid waste stream will decrease the amount of solid waste disposed of in landfills and aid in the conservation of valuable resources.
The New York Solid Waste Management Act of 1988 requires all municipalities to adopt a local law or ordinance by September 1, 1992, requiring separation of recyclable and reusable material from solid waste.
In order to protect the health, safety and welfare of the people of the Village, it is necessary for the Village to enact this article in order to encourage and facilitate the maximum recycling practicable on the part of every household, business and institution within the Village.
The Village declares that the purpose of this article is to establish and implement recycling-related practices and procedures to be applicable to all waste generators within the Village.
As used in this article, the following terms shall have the following meanings:
- COMMERCIAL WASTE GENERATOR
- Any business, governmental agency, municipality or other nonresidential generator of solid waste requiring off-site disposal.
- Livingston County, New York, or any authorized county agency.
- DROPOFF CENTER
- A private or publicly operated facility to which recyclables can be delivered.
- MATERIALS RECOVERY FACILITY
- A private or public facility for receiving source-separated recyclable materials and processing them into marketable commodities.
- Any materials designated as such by the county, provided that such materials are not hazardous and can be reasonably separated from the solid waste stream and held for material recycling or reuse value.
- RECYCLING RULES AND REGULATIONS
- County rules and regulations adopted by the county pertaining to the separation, collection, transportation and disposal of recyclables, as may be amended from time to time by the county.
- RESIDENTIAL WASTE GENERATOR
- Any person or household which produces solid waste requiring off-site disposal.
- SOLID WASTE
- All putrescible and nonputrescible solid waste, including but not limited to materials or substances discarded or rejected as being spent, useless, worthless or in excess to owners at the time of such discard or rejection or which are being accumulated, stored or physically, chemically or biologically treated prior to being discarded or rejected, having served their intended use, or as industrial, commercial and agricultural waste, sludges 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, special nuclear or by-product material within the meaning of the Atomic Energy Act of 1954, as amended, or waste which appears on the list or satisfies the characteristics of hazardous waste promulgated by the Commissioner of the Department of Environmental Conservation.
- SOURCE SEPARATION
- The segregation of recyclables from the solid waste stream at the point of generation for separate collection, sale or other disposition.
- SOURCE SEPARATION LAW
- This article (Local Law No. 2-1992).
- The Village of Geneseo, New York.
- WASTE GENERATOR
- A commercial waste generator or a residential waste generator.
- WASTE HAULER
- All persons engaged in the commercial collection, transportation and/or disposal of solid waste and/or recyclables generated, originated or brought within the county.
Each commercial and residential waste generator in the Village shall source-separate recyclables from solid waste.
Each waste generator in the Village shall provide for the removal of recyclables from the property on which they are generated either through a service provided by the municipality, a private hauler or by direct haul by the individual waste generator to a disposal location permitted by law.
Nothing in this article is intended to prevent any waste generator from making arrangements for the reuse, private collection, sale or donation of recyclables.
Each waste generator shall provide for the source separation of recyclables in conformance with the recycling rules and regulations.
All waste haulers doing business in the Village shall offer or cause to be offered to their customers collection, transportation and disposal services for recyclables as any such waste hauler offers collection, transportation and disposal services for solid waste. Unless otherwise provided in the recycling rules and regulations, such services shall be provided on the same day(s) as solid waste pickup, transportation or disposal services are provided.
All waste haulers shall offer a per-bag fee system to promote reduction of solid waste.
Waste haulers are required to take recyclables to a materials recovery facility where such materials are recycled.
Waste haulers are required to follow the requirements of the recycling rules and regulations.
This Village Source Separation Law shall be primarily administered by the Village. The county shall be primarily responsible for the development and implementation of the recycling rules and regulations.