[Adopted 6-4-2003 by L.L. No. 7-2003]
The intent and objective of this article 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 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. This term excludes aerosol cans, paint cans, and metal
containers that contained hazardous liquids.
All corrugated cardboard normally used for packing, mailing,
shipping of containerized goods, merchandise or other material, but
shall not mean wax-coated or soiled cardboard, and which are cleaned
of contamination or food waste.
To blend together designated recyclables, in one collection
device, that are separated from the disposable materials in the municipal
solid waste stream.
The Commissioner of the Department of Public Works.
The use of collection receptacles, including, but not limited
to, recycling containers, for residential, commercial, industrial
and institutional waste generators and the regular periodic transfer
of the contents of such receptacles by a recyclables collector at
the location of the waste generator.
The City of Rensselaer Department of Public Works.
The transportation, placement or arrangement for transportation
or placement of designated recyclable materials for all possible end
uses to a materials recovery facility (MRF).
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Empty, washed glass jars, bottles and containers of clear,
green and amber (brown), caps removed. This term excludes ceramics,
window glass, auto glass, mirrors and kitchenware.
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.
Six or more residential units located on a single property
or continuous properties under common co-ownership, control or management.
For this purpose, "residential unit" shall mean an enclosed space
consisting of one or more rooms designed for use as a separate residence
and shall include, but not be limited to, an apartment, condominium
unit, townhouse 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.
Any additional item designated by the City of Rensselaer
Commissioner of Public Works as provided for in additional regulations
promulgated pursuant to this article.
All high-grade office paper, fine paper, bond paper, office
paper, xerographic paper, mimeo 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.
Any 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.
All HDPE- and PET-type plastics, including empty, washed,
food, beverage, detergent, bleach and hair care containers with lids
removed. This term excludes all film, vinyl, rigid and foam plastic
materials and those which contained hazardous materials.
A material, which would otherwise become solid waste, which
can be collected, separated and/or processed, treated, reclaimed,
used or reused to produce a raw material or product.
Those materials able to be practically separated from nonrecyclable
waste for which reuse markets can be assessed for less than the cost
of disposal. No material shall be excluded from this definition solely
for the purpose of maintaining the volume of waste processed by the
recycling collectors.
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 designated and operated solely for the receiving
and storing of source-separated designated recyclable materials.
The bin or other container approved by the City of Rensselaer
or its designee for the use by eligible households within the City.
Such containers shall be used exclusively for the storage of City
recyclables 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, wires, 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, and 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.
The segregation of disposable materials into recyclable materials
and nonrecyclable waste at the site of the waste generator.
Any person or legal entity which produces waste requiring
off-site disposal.
Any person or business which licensed or contracted with
for the purpose of collecting solid waste from waste generators for
disposal at a permitted solid waste facility or a municipal department
or other governmental division responsible for collection of solid
waste from some or all waste generators in the municipality for disposal
at a permitted solid waste facility. A waste hauler may also be a
recyclables collector.
Organic yard and garden waste, leaves, grass clippings and
brush.
A.
Preparation. No person shall dispose of recyclables except as follows:
Prior to placement for collections and removal, all commingled recyclables
must be properly stored in a recyclable collection device as approved
by the Commissioner of the Department of Public Works. Glass, metal
and plastic recyclables shall be clean, and all contents shall be
removed therefrom; caps shall be removed from glass recyclables, and
paper labels shall be removed from metal recyclables. Newspapers and
other fiber-based materials for recycling should be kept dry. Additional
materials may be added based on market availability. Preparation requirements
may from time to time be changed by the Commissioner of the Department
of Public Works due to market requirements.
B.
Recyclables collection systems.
(1)
General provisions.
(a)
It shall be the responsibility of all residents to separate
recyclables from nonrecyclable materials prior to disposal. Recyclables
shall not be placed in the same container as or otherwise mixed with
other forms of solid waste.
(b)
All residents shall separate designated recyclables and place
them in the appropriate collections device either at a centralized
collection storage area or curbside and in accordance with all provisions
of this article.
(c)
It shall be a violation of this article for any person to collect
and dispose of solid waste which consists of recyclables combined
with other forms of solid waste, and such person shall be subject
to all penalties as outlined in this article.
(d)
All recyclables placed in curbside containers or placed at recyclables
collection areas are considered the property of the generator until
said recyclables are collected by the City.
(2)
Designated recyclables for the mandatory commercial, industrial and
institutional source separation program shall consist of the following
materials:
(a)
Newspaper.
(b)
High-grade paper, including, but not limited to, white letterhead
paper, white bond paper, white typing paper, white copier paper, white
notepad 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.
(c)
Corrugated cardboard.
(d)
Glass containers, plastic containers and cans generated by food
and beverage service establishments.
(e)
Vegetative yard waste.
(f)
Other recyclable materials as designated by ordinance 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.
The Commissioner shall make available to every owner of a property
containing five or fewer residential units a recyclable collection
basket for use at said property. The first such collection basket
shall be made available to the property owner at no charge except
the payment of the recycling service fee. Additional baskets for the
same property, or replacement baskets for lost or stolen baskets,
shall be made available to the property owner by the Commissioner,
according to a schedule of charges to be established by the Commissioner.
The collection baskets shall remain the property of the City and may
be reclaimed by the City if the property owner fails to pay the recycling
service or other charges established hereunder.
A.
In any area designated by the Commissioner, 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 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 180 days of such inclusion into 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, 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 the section for each multiresidential complex shall be consistent
with guidelines provided by the Commissioner.
Designated recyclables required to be placed in recycling bins where applicable in recycling collection areas pursuant to § 113-30 of this article shall be prepared for collection in accordance with regulations promulgated by the Commissioner.
A.
All commercial, industrial and institutional establishments in the
City shall source-separate and arrange for the collection for recycling
of newspaper and any and all other designated recyclables.
B.
Designated recyclables are listed in § 113-30B(2).
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 (the "generator") or the person
contractually obligated to the generator to arrange for collection
and disposal of its solid waste.
Vegetative yard waste must be placed in biodegradable paper
bags or loose in a permanent container, but not in City recyclables
containers or in nonbiodegradable bags. Nothing in this article shall
be construed as preventing any person from utilizing vegetative yard
waste for compost, mulch or other agricultural, horticultural, 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 purpose
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 rules or regulations
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
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 of 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.
Any person who engages in unlawful conduct as defined in this
article may, upon conviction thereof, in a proceeding before a court
of competent jurisdiction, be sentenced to imprisonment for a term
not to exceed 15 days or to a term of community service related to
the purposes of this article or to pay a fine of not more than $250
and not less than $25, or any combination of the above penalties.
A.
In addition to any other remedy provided herein, the City of Rensselaer
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 of 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 provision of this article are to be liberally construed,
so as best to achieve and effectuate the goals and purposes hereof.
If any part of this article is found to be illegal by a court
of competent jurisdiction, the remaining sections shall remain in
full force and effect.
All provisions of any other local laws or ordinances which are
inconsistent with the provisions of this article are hereby repealed.
