This Part 1 shall be known as the "Solid Waste
Management Law."
This Solid Waste Management Law is enacted pursuant
to the provisions of Chapter 845 of the Laws of 1975 of the State
of New York.
A.Â
The purpose of this Part 1 is to, amongst other things,
empower the County of Monroe through its Department of Public Works
to effectively regulate and control the transportation and disposition
of solid waste as it is defined herein by the establishment of certain
standards, regulations, rules and procedures as are set forth herein,
all for the protection of the public health, safety and welfare and
enhancement of the environment of the people of the County of Monroe.
This Part 1 is intended to regulate and control the transportation
and disposition of solid wastes, whether such waste originates within
or without the County of Monroe. The County Legislature determines
that the well-ordered management of solid wastes at the county level
of government provides the most safe, sanitary and environmentally
sound and feasible manner of responding to the solid waste problems
of all the citizens of the county. The County Legislature further
recognizes that a need exists within the County of Monroe for the
county to assume a larger and expanding role in the solid waste problems
of the city, towns and villages located within this county in that
such city, towns and villages are no longer able to effectively solve
their solid waste problems due to the growing proportions of solid
waste generated, the rising costs of solid waste disposal and the
lack of appropriate legal powers and remedies.
B.Â
The County Legislature further recognizes that solid
waste collected in one municipality within the county is often transported
through many municipalities and is often disposed of in yet another
municipality. The County Legislature also is cognizant that the municipalities
through which such solid waste is transported or disposed in do not
have available, nor did the County of Monroe prior to the adoption
of this Part 1, any law that would effectively regulate and control
such activities to ensure that such transportation and disposal are
accomplished in such a manner so as to protect the health, safety
and welfare of all the citizens of this county.
C.Â
To carry out the intentions and purposes of the Legislature
of the County of Monroe, this Part 1 specifically sets forth standards,
rules, regulations and procedures:
(1)Â
For the disposal, transporting and delivering for
disposal and disposing of, in a safe and sanitary manner, all solid
waste, including refuse, garbage, rubbish and trash.
(2)Â
Over vehicles and the drivers in charge thereof used
to haul solid waste, including refuse, garbage, rubbish or trash,
on, over, across and along the public streets and thoroughfares and
to ensure the safe, sanitary and lawful movement of said vehicles
and their cargoes from the last point of origin to point of destination.
(3)Â
For the transfer, storage, treatment and disposal
of all solid waste, including refuse, garbage, rubbish and trash and
other solid waste.
D.Â
It is the intention of this Part 1 to regulate the
transportation and disposal of all solid waste, including the compilation
and maintenance of certain collection records related thereto as more
particularly set forth herein. It is not intended that this Part 1
or any part thereof regulate or effect, in any way, the collection
activities or collection fees of any person nor is it intended that
this Part 1 shall govern secondary material processors as defined
herein.
As used in this Part 1, the following terms
shall have the meanings indicated:
The County Executive of Monroe County, New York, or his duly
authorized representative.
The Department of Public Works of Monroe County, New York,
or its duly authorized representative.
The Director of Public Works of Monroe County, New York,
or his duly authorized representative.
Includes any unauthorized refuse disposal facility, including
any parcel of land where refuse is accepted for deposit or permitted
to be deposited by the owner.
Any person issued a valid license to haul or transfer solid
waste or to construct, establish, maintain or operate a solid waste
facility.
An individual, group of individuals, partnership, firm, corporation,
estate, trust, legal entity, association, county, city, town, village
or improvement district.
Materials which still have useful physical or chemical properties
after serving a specific purpose and which can be reused for other
purposes.
A facility utilizing a process by which recovered resources
are transformed into new products in such a manner that the original
products lose their identity by any method, system or other treatment
designed to change the physical form or chemical content of solid
waste.
Land used for the authorized depositing of refuse by engineered
methods. It shall not include the land used for the depositing of
refuse from a single family, a member of which is the owner, occupant
or lessee of said land, or any part of a farm on which only animal
wastes resulting from the operation of said farm are deposited.
Includes any designated location where any approved final
treatment, utilization, processing or depositing of solid waste occurs.
The picking, sorting and removal of reusable or reclaimable
refuse authorized and controlled by the owner and operator of the
refuse disposal site.
The uncontrolled and unauthorized picking, sorting and removal
of refuse either before, during or following collection.
A material that is utilized in place of a primary or raw
material in manufacturing a product such as scrap metal.
A person engaged in the business of producing a marketable
product from a useless, unwanted or discarded solid or semisolid waste
which has a similar origin as to specific composition, e.g., rendering
waste dealer, scrap metal dealer, scrap paper dealer.
Includes all manner of useless, unwanted, discarded or rejected
as being spent or surplus or in excess to the owner at the time of
such discard or rejection solid or semisolid domestic, commercial,
industrial, institutional, construction and demolition waste materials,
except human or rendering wastes.
"Solid waste" shall include all of the following,
except as specifically excluded:
DEBRIS or TRASHIncludes solid wastes, such as ashes and excessive amounts of paper, cans, bottles or other household rubbish, and all other things of a similar nature.
GARBAGEIncludes all putrescible animal or vegetable waste resulting from the preparation, cooking and serving of food or the storage and sale of produce.
REFUSEIncludes all putrescible and nonputrescible solid wastes, including garbage, rubbish, rubble, trash, small dead animals, ashes and solid commercial and industrial wastes, but not including body wastes, junk motor vehicles, special bulky wastes, dirt or rocks.
RUBBISHIncludes all nonputrescible solid wastes, consisting of both combustible and noncombustible wastes, including but not limited to paper, ashes, plastics, cardboard, tin cans, wood, glass, rags, discarded clothes or wearing apparel of any kind or any other discarded object or thing not exceeding three feet in length.
SMALL DEAD ANIMALSIncludes dogs, cats, rabbits, squirrels, rats and similar size animals that die naturally, from disease or are accidentally killed. It shall not include horses, cows, goats, sheep, hogs and similar size animals or any animals that are condemned or from slaughterhouses, rendering plants, veterinarians or other like establishments.
YARD DEBRISIncludes tree limbs, yard clippings, grass cuttings, yard cleaning and leaves; shall not be included under the definition of "solid waste" for purposes of this Part 1.
The term "solid waste" shall not be construed
to include the following wastes as are hereinafter defined:
SPECIAL WASTESIncludes, but is not limited to, materials from construction, repair, demolition and excavation, solid industrial wastes, large condemned or dead animals and solid wastes from slaughterhouses, food processing facilities, markets, butcher shops and similar establishments. Materials from minor home repairs and normal household operations are not included.
SPECIAL BULKY WASTEIncludes wood or masonry larger than included as rubble, junk motor vehicles, steel cable (over 10 feet long), hardened shafts and gears and large thick-walled or solid metallic objects such as castings or forgings.
HAZARDOUS WASTESIncludes those wastes that can cause serious injury or disease during the normal storage, collection and disposal cycle, including but not limited to explosives, inflammables, pathological and infectious wastes, radioactive materials, poisons, acids and dangerous chemicals or combination of chemicals.
RUBBLE OR OVERSIZED BULKY WASTEIncludes, but is not limited to, large brush wood, large cardboard boxes or parts thereof, large and/or heavy yard trimmings, tree debris (to six inches in diameter, 10 feet in length), lumber (to two inches by eight inches, 10 feet in length), discarded fence posts, crates, passenger car tires with wheels, masonry chunks (to 100 pounds), scrap metal, bedsprings, mattresses, water heaters, large appliances, furniture, room size carpets, discarded similar objects or things which cannot conveniently be cut to size less than three feet in length.
Includes any fixed facility that is established, maintained
and operated, either as its primary function or in support of some
other facility or operation, for the transfer, treatment and/or disposal
of solid waste. It includes, but is not limited to, any facility that
is established for the purpose of transferring, incinerating or landfilling
any solid waste or any combination of functions thereof but does not
include stationary compactors located at the points of collection
or recycling collection stations. Recycling process facilities shall
be considered "solid waste facilities," including recycling process
facilities owned or operated by the County of Monroe. A "solid waste
facility" shall not include a municipally owned or operated landfill
unless owned or operated by the County of Monroe.
Includes any person duly licensed to transport solid waste.
The purposeful and systematic control of the transportation,
storage, separation, processing, recovery, recycling and disposal
of solid waste.
