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.
As used in this Part 1, the following terms
shall have the meanings indicated:
COUNTY EXECUTIVE
The County Executive of Monroe County, New York, or his duly
authorized representative.
DEPARTMENT
The Department of Public Works of Monroe County, New York,
or its duly authorized representative.
DIRECTOR
The Director of Public Works of Monroe County, New York,
or his duly authorized representative.
DUMP
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.
LICENSEE
Any person issued a valid license to haul or transfer solid
waste or to construct, establish, maintain or operate a solid waste
facility.
PERSON
An individual, group of individuals, partnership, firm, corporation,
estate, trust, legal entity, association, county, city, town, village
or improvement district.
RECOVERED RESOURCES
Materials which still have useful physical or chemical properties
after serving a specific purpose and which can be reused for other
purposes.
RECYCLING PROCESS FACILITY
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.
REFUSE DISPOSAL AREA OR SANITARY LANDFILL
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.
REFUSE DISPOSAL SITE
Includes any designated location where any approved final
treatment, utilization, processing or depositing of solid waste occurs.
SALVAGING
The picking, sorting and removal of reusable or reclaimable
refuse authorized and controlled by the owner and operator of the
refuse disposal site.
SCAVENGING
The uncontrolled and unauthorized picking, sorting and removal
of refuse either before, during or following collection.
SECONDARY MATERIAL
A material that is utilized in place of a primary or raw
material in manufacturing a product such as scrap metal.
SECONDARY MATERIAL PROCESSOR
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.
SOLID WASTE
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.
A.
"Solid waste" shall include all of the following,
except as specifically excluded:
(1)
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.
(2)
GARBAGEIncludes all putrescible animal or vegetable waste resulting from the preparation, cooking and serving of food or the storage and sale of produce.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
B.
The term "solid waste" shall not be construed
to include the following wastes as are hereinafter defined:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
SOLID WASTE FACILITY
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.
SOLID WASTE MANAGEMENT
The purposeful and systematic control of the transportation,
storage, separation, processing, recovery, recycling and disposal
of solid waste.