[Adopted 4-30-1991 by L.L. No. 3-1991,
approved 5-23-1991]
This Part 2 shall be known as the "Reuse and
Recycling Law."
The County Legislature of Monroe County finds
that:
A.
Removal of certain materials from the solid waste
stream will decrease the flow of solid waste to landfills, aid in
the conservation of valuable resources and reduce the required capacity
of existing and proposed solid waste disposal facilities.
B.
The New York Solid Waste Management Act of 1988 requires
all municipalities to adopt a local law or ordinance by September
1, 1992, requiring that solid waste which has been left for collection
or which is delivered by the generator of such waste to a solid waste
management facility shall be separated into recyclable, reusable or
other components for which economic markets for alternate uses exist.
This Part 2 is adopted pursuant to Chapter 345 of the Laws of 1975 of the State of New York, as amended, Chapter 541 of the Laws of 1976 of the State of New York, as amended, and Chapter 552 of the Laws of 1980 of the State of New York, as amended, to:
A.
Institute a plan for the management of recyclable
materials generated or originated in Monroe County, to promote the
safety, health and well-being of persons and property within Monroe
County; and to
B.
Implement the express policy of the State of New York
encouraging waste stream reduction through recycling.
As used in this Part 2, the following terms
shall have the meanings indicated:
The Solid Waste Administrator of Monroe County, or such other
office or employee of the county who may, from time to time, be designated
by the County Executive with the responsibility for the county's solid
waste issues and programs.
Any and all permitted or specifically exempt facility or facilities for processing, reprocessing and/or recycling recyclable materials which are specified in the rules and regulations promulgated pursuant to § 347-31A of this Part 2. This term shall exclude incineration facilities, waste-to-energy facilities and landfills.
A county-provided blue box container with a county logo for
recyclable materials or any other durable container for recyclable
materials readily identifiable by the hauler as a container for recycling
materials.
Monroe County.
The County Executive of Monroe County.
The status granted to any individual who can demonstrate
an inability to comply with this Part 2 and applies to the Administrator
or the municipality and receives a certificate of exemption from this
Part 2, or parts thereof, pursuant to the rules and regulations.
Any solid waste management/resource recovery-facility employed
beyond the initial solid waste collection process which is to be used,
occupied or employed for or is incidental to the receiving, transporting,
storage, processing or disposal of solid waste or the recovery by
any means of any material or energy product or resource therefrom,
including recycling centers, transfer stations, processing systems,
resource-recovery facilities, sanitary landfills, plants and facilities
for composting or landspreading of solid wastes, secure land burial
facilities, reprocessing and recycling facilities, surface impoundments
and waste oil storage, incinerators and other solid waste disposal,
reduction or conversion facilities.
Any person who collects and transports solid waste and/or
recyclable materials within the county, whether or not licensed by
a municipality within Monroe County.
Any hazardous waste as defined under the Resource
Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.,
or "hazardous substance" as defined under the Comprehensive Environmental
Response, Compensation and Liability Act, 42 U.S.C. § 9601
et seq., or "hazardous waste" as defined under New York Environmental
Conservation Law § 27-0901 et seq., as each such law may
be amended from time to time, and the regulations promulgated thereunder,
and any analogous or succeeding federal, state or local law, rule
or regulation and any regulations promulgated thereunder; and
Any other material which any governmental agency
or unit having appropriate jurisdiction shall determine from time
to time cannot be processed at the facility because it is harmful,
toxic or dangerous.
Any material, substance, by-product, compound or any other
item generated or originated within the county and separated from
solid waste at the point of generation for separate collection, sale,
external reuse or reprocessing and/or disposition other than by disposal
in landfills, sewage treatment plants or incinerators. "Other recoverable
materials" do not include recyclable materials as defined herein.
Any natural person, partnership, association, joint venture,
corporation, estate, trust, association, county, city, town, village,
school district, improvement district, governmental entity or other
legal entity.
Any solid waste generated or originated within the county
as designated in the rules and regulations promulgated hereunder,
which may include but not be limited to the following:
Containers.
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.
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.
YARD WASTEGrass clippings, leaves, branches up to four inches in diameter and other like vegetative garden materials.
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.
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.
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.
The Executive is hereby authorized and directed
to:
A.
Promulgate and publish rules and regulations from
time to time which:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
C.
Revise, amend, promulgate and publish other such rules,
regulations and orders necessary to carry out the purposes of this
Part 2.
D.
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.
A.
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:
(1)
Two members appointed by the Executive and confirmed
by the Legislature.
(2)
Two members appointed by the President of the Legislature
and confirmed by the Legislature.
(3)
Two members appointed by the Legislature, one recommended
by the Majority Leader and one recommended by the Minority Leader,
and confirmed by the Legislature.
(4)
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.
B.
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.
A.
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:
(1)
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.
(2)
Source-separated recyclable materials shall not be
commingled with other solid waste during collection, transportation,
processing or storage following collection.
(3)
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.
(4)
No authorized recycling facility or waste stream reduction
program shall receive recyclable materials generated or originated
within the county except as permitted by law.
C.
No hazardous waste may be delivered to an authorized
recycling facility.
D.
No facility other than an authorized recycling facility
shall accept for disposal recyclable materials which have been source-separated.
E.
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.
A.
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.
B.
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.
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.
Haulers shall be subject to the following requirements:
A.
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:
(1)
The municipality or geographical area and number of
households in which the solid waste or recyclable material was generated.
(2)
The quantity, by ton, of solid waste and of each type
of recyclable material collected.
(3)
The quantity, by ton, of recyclable material delivered
to each authorized recycling facility.
(4)
The quantity by ton of solid waste delivered to each
facility.
B.
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.
C.
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.
D.
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.
E.
Each hauler shall develop and submit for county approval
a generic collection plan for collecting recyclable materials from
its commercial, industrial and institutional customers.
F.
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.
A.
Inspections and appearance tickets.
(1)
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.
(2)
Police officers, peace officers and the specified
public officials are hereby authorized and directed to issue appearance
tickets for violations of this Part 2.
B.
Penalties.
(1)
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.
(2)
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.
(3)
Any penalties or damages recovered or imposed under
this Part 2 are in addition to any other remedies available at law
or equity.
(4)
No penalties, fines, civil sanctions or other enforcement
actions will be commenced against any generator of solid waste or
recyclable materials until 180 days after the effective date of this
Part 2, in order to permit persons regulated hereunder to come into
compliance with this Part 2.
