Monroe County, NY Recycling

ALUMINUMAluminum products and containers fabricated primarily of aluminum and commonly used for soda, beer, beverages or other food or drink products.

GLASS FOOD AND BEVERAGE CONTAINERSNew and used glass food and beverage containers which have been rinsed and are free of food contamination, including clear (flint), green and brown (amber) colored glass bottles. Glass shall not include ceramics, plate glass, auto glass, Pyrex, leaded glass, mirrored glass, flat glass, makeup, perfume or medicine bottles.

METAL CANSContainers fabricated primarily of steel or tin, or bimetal cans of steel, tin and/or aluminum, but not including aluminum cans.

PLASTICSIncluding high-density polyethylene (HDPE), low-density polyethylene (LDPE), polystyrene and polyethylene terephthalate (PET). Commonly used for soda, milk and other containers.

Paper.

BOXBOARDWoodpulp-based material which is usually smooth on both sides but with no corrugated center. Excludes material with wax coating.

CORRUGATEDWoodpulp-based material which is usually smooth on both sides with a corrugated center. Commonly used for boxes. Excludes material with wax coating.

HIGH-GRADE PAPERWhite and colored office bond, duplicating paper, computer paper and other high-quality paper.

MAGAZINESMagazines, glossy catalogs and other glossy paper.

(5)

NEWSPRINTCommon, inexpensive machine finished paper made chiefly from woodpulp and used for newspapers. This term excludes magazines.

Other.

CONSTRUCTION AND DEMOLITION DEBRISMaterial resulting from the construction, renovation, equipping, remodeling, repair and demolition of structures and roads; and material consisting of vegetation resulting from landclearing and grubbing, utility line maintenance and seasonal and storm-related cleanup. Such material includes but is not limited to bricks, concrete and other masonry materials, soil, rock, wood, wall coverings, plaster, drywall, plumbing fixtures, nonasbestos insulation, roofing shingles, asphaltic pavement, glass, plastics, electrical wiring and components, carpeting, foam padding, linoleum and metals that are incidental to any of the above.

LARGE APPLIANCESStoves, refrigerators, dishwashers, dryers, washing machines, water heaters and other large appliances and scrap metal, and excluding air conditioners, microwaves and televisions.

WOOD WASTEIncluding logs, pallets and other wood materials.

WASTE STREAM REDUCTION PROGRAM

YARD WASTEGrass clippings, leaves, branches up to four inches in diameter and other like vegetative garden materials.

RECYCLING OR RECYCLED

Any method, technique or process utilized to separate, process, modify, convert, treat or otherwise prepare solid waste so that its component materials or substances may be beneficially used or reused.

SOLID WASTE

All putrescible and nonputrescible solid waste generated or originated within the county, including but not limited to materials or substances discarded or rejected, whether as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection or for any other reason, or which are being accumulated, stored or physically, chemically or biologically treated prior to being discarded, have served their intended use or are a manufacturing by-product, including but not limited to garbage, refuse and other discarded solid materials, including solid waste materials resulting from industrial, commercial and agricultural operations and from community activities, sludge 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, or hazardous waste as defined in this Part 2.

SOURCE SEPARATION

The segregation of recyclable materials and other recoverable materials from solid waste at the point of generation for separate collection, sale or other disposition.

Includes source separation, recycling programs, changes to the packaging portion of the waste stream to reduce solid waste generated, activities and enterprises of scrap dealers, processors and consumers and other programs designed to reduce the volume of solid waste or enhance the reclamation and recovery of solid waste or recyclable materials otherwise destined for the municipal waste stream. For purposes of this subsection, such waste stream reduction programs shall not include the processing of waste for incineration or disposal by landfill or other means.

§ 347-31 Administrative responsibilities.

The Executive is hereby authorized and directed to:

Promulgate and publish rules and regulations from time to time which:

Identify, define, expand and modify categories of solid waste and recyclable materials consistent with the implementation schedule set forth in Chapter 6.4 of the Monroe County Comprehensive Recycling Analysis (CRA) approved by the New York State Department of Environmental Conservation;[1] except that in the event of an emergency condition, the Executive may amend the categories of solid waste and recyclable materials to respond to such emergency conditions. In the event of such an emergency condition, the Executive shall immediately notify the Legislature and report to and confer with the members of the Public Works Committee of the Legislature at its next regularly scheduled committee meeting. The Executive is authorized to expand and modify the categories of recyclable materials set forth in the CRA with legislative approval.

[1]

Editor's Note: This document is on file in the office of the County Executive.

Identify one or more authorized recycling facilities to which recyclable materials may be delivered, subject to such exceptions as the Executive may determine with legislative approval to be in the public interest.

Establish a county-wide program to implement and enforce source separation of recyclable materials and to maximize the opportunity for and educate and inform the public regarding the reclamation and recovery of recyclable materials. These rules and regulations shall prescribe methods of source separation and may reflect local differences in population density, accessibility and capacity of markets and facilities, collection practices and waste composition. In promulgating such rules and regulations, the Executive shall also give due consideration to existing source separation, recycling and other facilities in the area, to the adequacy of markets for separated materials and any additional expense and effort to be incurred by residents and authorized haulers. In addition, the Executive shall consider the capacity, handling, disposal and marketing capabilities of available facilities, the geographical location of facilities and such other factors enabling the Executive to determine that the public interest is served by the rule or regulation.

Not withstanding any provision herein, no material changes shall be made to the schedule of fines set forth in Article H of the Regulations without prior legislative approval.

Pursuant to § C3-2 of the County Charter, sign contracts and any amendments there deemed necessary or desirable for the implementation of this Part 2 and such rules, regulations and orders promulgated hereunder to the limit of funds appropriated therefor.

Revise, amend, promulgate and publish other such rules, regulations and orders necessary to carry out the purposes of this Part 2.

The Executive shall perform the administrative functions, powers and duties specified in this Part 2 on behalf of the county and may delegate any or all of the administrative functions, powers and duties specified herein. He shall report annually, and at other times he deems necessary, to the County Legislature. Nothing in this Part 2 divests the County Executive or the County Legislature of any functions, powers and duties which they may otherwise have.

§ 347-32 Advisory Committee.

An Advisory Committee is hereby established to assist and advise the county in the implementation of this Part 2. The Advisory Committee shall be comprised of 15 members appointed and confirmed as follows:

Two members appointed by the Executive and confirmed by the Legislature.

Two members appointed by the President of the Legislature and confirmed by the Legislature.

Two members appointed by the Legislature, one recommended by the Majority Leader and one recommended by the Minority Leader, and confirmed by the Legislature.

One member from each of the following organizations, each of whom shall be appointed by the Executive and confirmed by the Legislature: the Rochester Business Alliance, the Environmental Management Council, the Monroe County School Boards Association, the Town Supervisors' Association, the Village Mayors' Association and a refuse waste hauler with offices and collection services within Monroe County.

[Amended 4-14-2009 by L.L. No. 5-2009; 5-8-2012 by L.L. No. 1-2012]

(5)

One member recommended by the Mayor of the City of Rochester, appointed by the Executive and confirmed by the Legislature.

(6)

One operator of a materials recycling facility and one scrap dealer, each of whom shall be appointed by the Executive and confirmed by the Legislature.

Each member shall serve a term of two years, except that seven members, designated by the Executive, shall be appointed to an initial term of one year in order to stagger the expiration of terms. Committee members shall be appointed or reappointed by October 1 of each year that terms of appointment expire and at such other times as are necessary to fill Committee membership positions vacant due to resignation or other reason.

§ 347-33 Waste delivery and disposal; source separation.

Solid waste generated or originated within the county which has been left for collection or which is delivered by the generator of such waste to a facility shall be handled and disposed of as follows:

Prior to initial collection or transport, such solid waste shall be source-separated into recyclable materials and remaining solid waste as provided in the rules and regulations promulgated hereunder.

Source-separated recyclable materials shall not be commingled with other solid waste during collection, transportation, processing or storage following collection.

All source-separated recyclable materials generated or originated within the county must be delivered to an authorized recycling facility or handled through a Waste Stream Reduction Program.

No authorized recycling facility or waste stream reduction program shall receive recyclable materials generated or originated within the county except as permitted by law.

Disposal of solid waste which is barred from authorized recycling facilities by rules, regulations or orders promulgated pursuant to § 347-31 of this Part 2, or by any other law, regulation or ordinance, shall not otherwise be regulated by this Part 2.

No hazardous waste may be delivered to an authorized recycling facility.

No facility other than an authorized recycling facility shall accept for disposal recyclable materials which have been source-separated.

Each city, town and village within Monroe County shall enact a mandatory recycling ordinance within 90 days of the adoption of this Part 2, which shall be based upon a model ordinance provided by the county.

§ 347-34 Collection of recyclables.

Only persons acting under the authority of a hauler or the county shall collect, pick up, remove or cause to be collected, picked up or removed any recyclable materials placed in or adjacent to a container for collection; each such unauthorized collection, pickup or removal shall constitute a separate violation of this Part 2; provided, however, that where the hauler or the county has refused to collect recyclable materials because they have not been separated, placed or treated in accord with the provisions of this Part 2, the person responsible for initially placing those materials for collection may and shall remove those materials from any curb, sidewalk, streetside or other designated collection place.

Nothing herein shall prevent any person from making arrangements for the reuse, private collection, sale or donation of recyclable materials, provided that recyclable materials to be privately collected, sold or donated shall not be placed at curbside or at any other designated collection place on or immediately preceding the day for collection of such recyclable materials. Any and all recyclable materials placed in a county-supplied container at curbside or at any designated collection place shall immediately become the property of the county.

§ 347-35 Reporting requirements.

All persons engaged in the collection of recyclable materials and other recoverable materials through a Waste Stream Reduction Program other than as a hauler shall provide an annual report, on forms to be provided by the county, to the County Executive or his designee, who shall then file a summary report with the Clerk of the Legislature.

§ 347-36 Haulers.

Haulers shall be subject to the following requirements:

Haulers must maintain separate monthly records of solid waste and recyclable materials collected, transported or disposed of by the hauler, which include the following information:

The municipality or geographical area and number of households in which the solid waste or recyclable material was generated.

The quantity, by ton, of solid waste and of each type of recyclable material collected.

The quantity, by ton, of recyclable material delivered to each authorized recycling facility.

The quantity by ton of solid waste delivered to each facility.

Reports containing the information required in Subsection A of this section shall be compiled and delivered to the Administrator for each reporting period as designated by the regulations, but which shall be no more frequently than quarterly.

Haulers shall indemnify and hold harmless Monroe County for any pending, threatened or actual claims, liability or expenses arising from collection and disposal by the hauler in violation of this Part 2.

Haulers shall offer or cause to be offered collection services for all recyclable materials to all residential customers for whom they provide solid waste collection services, on the same days as solid waste collection services are provided, unless otherwise authorized by the regulations.

Each hauler shall develop and submit for county approval a generic collection plan for collecting recyclable materials from its commercial, industrial and institutional customers.

Haulers shall not accept for collection solid waste which has not been source-separated in conformity with the regulations promulgated hereunder and shall leave a notice with the generator informing the generator of why the solid waste or recyclable materials were not collected, unless the hauler reports the violation to the appropriate public official pursuant to § 347-11 herein.

§ 347-37 Enforcement.

Inspections and appearance tickets.

All portions of vehicles and containers used to haul, transport or dispose of recyclable materials, including such containers placed outside of residences, shall be subject to inspection to ascertain compliance with this Part 2 and the rules, regulations or orders promulgated hereunder, by any police officer, peace officer or any other public official designated by the county or municipality.

Police officers, peace officers and the specified public officials are hereby authorized and directed to issue appearance tickets for violations of this Part 2.

Penalties.

Civil sanctions. The county may commence a civil action to enjoin or obtain any other available legal or equitable remedy for any failure to comply with this ordinance.

Criminal penalties.

(a)

In addition to the civil sanctions provided herein, failure to comply with this Part 2 or the rules and regulations promulgated hereunder shall be a violation as defined in § 55.10 of the Penal Law, and penalties may be imposed thereunder and/or under § 10 of the Municipal Home Rule Law. Appeals may be taken by the aggrieved party in the same way as any appeal of a violation under Penal Law § 55.10.

Any penalties or damages recovered or imposed under this Part 2 are in addition to any other remedies available at law or equity.