[HISTORY: Adopted by the Town Board of the
Town of Parma 12-1-1992. Amendments noted where applicable.]
This chapter shall be known as the "Solid Waste
Reuse and Recycling Law of the Town of Parma."
The Town of Parma finds that:
A.Â
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 resource facilities.
B.Â
The New York Solid Waste Management Act of 1988 requires
that municipalities adopt a local law or ordinance by September 1,
1992, to require 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 use exist.
This chapter is adopted pursuant to Chapter
541 of the Laws of 1976, as amended, and Chapter 552 of the Laws of
1980 of the State of New York, as amended, to:
A.Â
Institute a plan for the management of recyclable
materials generated or originated in the Town of Parma, to promote
the safety, health and well-being of persons and property within the
Town of Parma; and to
B.Â
Implement the expressed policy of the State of New
York encouraging solid waste reduction through recycling.
As used in this chapter, the following terms
shall have the meanings indicated:
The solid waste administrator of Monroe County.
Any person who collects and transports solid waste or recyclable
materials generated or originated within the county.
A permitted or specifically exempt facility or facilities
for processing, reprocessing and/or recycling materials specified
in the rules and regulations promulgated pursuant to Section V(A)
of the Monroe County Solid Waste Reuse and Recycling Local Law. This
term shall exclude incineration facilities, waste to energy facilities
and landfills.
Residential-based sources of recyclable materials with collection
service at centralized accumulation points.
All construction excavation, demolition or other similar
projects, whether residential, commercial, industrial, institutional
or municipal, which generate construction and demolition debris.
A county-provided blue box container with a county logo for
recycling materials or any other durable container for recyclable
materials readily identifiable by the hauler as a container for recycling
material.
The County of Monroe.
Persons who do not contract with haulers or otherwise arrange
for the collection and transportation of solid waste or recyclable
materials but who themselves may transport solid waste or recyclable
materials to a transfer station or community drop-off center or otherwise
dispose of solid waste or recyclable materials.
The County Executive of Monroe County.
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 hazardous waste as defined under the Resource Conservation
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 regulation 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.
Residential-based sources of recyclable materials with individual
collection service for each residential unit. For the purposes of
newsprint collection beginning September 16, 1991, only individually
served residential sources shall be classified as customers as that
term is used in Section XIII of the Solid Waste Reuse and Recycling
Law.
Commercial or industrial facilities with more than 50 employees
per site.
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.
Solid waste that exhibits the potential to be used in the
place of a virgin material and may include but not be limited to the
following:
ALUMINUMAluminum products and containers fabricated primarily of aluminum and commonly used for soda, beer, beverage or other food or drink product and other aluminum products.
CORRUGATEDWoodpulp-based material which is usually smooth on both sides with a corrugated center. Commonly used for boxes. Excludes material with wax coating.
GLASS BOTTLESNew 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, lead glass, mirrored glass or flat glass.
MAGAZINESMagazines, glossy catalogs and other glossy paper.
LARGE APPLIANCEStoves, refrigerators, dishwashers, dryers, washing machines, water heaters and other large appliances and scrap metal, and excluding air conditioners, microwaves and televisions.
METAL CANSContainers fabricated primarily of steel or tin or bi-metal cans of steel, tin and/or aluminum, but not including aluminum cans.
NEWSPRINTCommon, inexpensive machine-finished paper made chiefly from woodpulp and used for newspaper. This term excludes magazines.
PLASTICSIncluding high-density polyethylene (HDPE) with the recycling numerical code 2, low-density polyethylene (LDPE) with the numerical code 4, and polyethylene terepthalate (PET) with the numerical code 1.
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
as raw materials.
Commercial or industrial facilities with 50 or fewer employees
per site.
All putrescible and nonputrescible solid wastes 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 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 chapter.
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,
the activities and enterprises of scrap dealers, processors and consumers
and other programs designed to reduce the volume of solid waste or
recyclable materials otherwise destined for the municipal waste stream.
For purposes of this paragraph, such reduction program shall not include
the processing of waste for incineration or disposal by other means.
A.Â
Solid waste generated or originated within the Town
of Parma which has been left for collection or which is delivered
by the generator of such waste to a facility shall be disposed of
as follows:
(1)Â
Prior to initial collection or transport, such solid
waste shall be source separated into recyclable, reusable or other
components for which economic markets exist as provided in the Monroe
County Solid Waste Reuse and Recycling Regulations.
(2)Â
Recyclable materials shall not be commingled with
other solid waste during collection, transportation or storage following
collection.
(3)Â
All recyclable materials generated or originated within
the Town of Parma must be delivered to an authorized recycling facility
or handled through a waste stream reduction program.
B.Â
Any disposal of solid waste which is barred from all
authorized recycling facilities by rules, regulations or orders promulgated
pursuant to this chapter, Section V of the Monroe County Solid Waste
Reuse and Recycling Law or by any other law, regulation or ordinance
shall not be regulated by this chapter.
C.Â
No hazardous waste may be delivered to an authorized
recycling facility.
A.Â
Nothing herein shall prevent any person from making
arrangements for the private collection, sale or donation of recyclable
materials; provided that recyclable materials to be privately collected,
sold or donated shall not be placed curbside on or immediately preceding
the day for collection of such recyclable material. Any and all recyclable
material placed in a county-supplied container at curbside or at any
designated collection place shall immediately become the property
of the county.
B.Â
Landlords of centrally served residential facilities
must provide educational materials and centrally located recycling
containers to their tenants.
C.Â
All commercial, industrial and institutional generators
shall separate or cause to be separated from the solid waste and set
it out for collection and recycling the following materials:
(1)Â
Corrugated cardboard.
(2)Â
High-grade paper.
(3)Â
Food and beverage containers made of glass, aluminum,
metal or plastic, clean of contents which are generated in food service
facilities constituting all or a significant part of a particular
commercial, industrial or institutional facility. Food and beverage
facilities consisting solely of vending machines are encouraged but
are not required to separate food and beverage containers.
A.Â
All haulers within the Town of Parma shall maintain
on file a current certificate of insurance with the Town Clerk.
B.Â
All authorized haulers must enter into an authorized
hauler contract with the County of Monroe.
C.Â
An authorized hauler sticker shall be prominently
displayed on each vehicle operated by or on behalf of the authorized
hauler.
D.Â
Each hauler shall distribute individual containers
to each of its individually served residential and other appropriate
residential customers for recyclable materials, which containers if
provided by the county shall remain the property of the county. All
recyclable material placed in a county-provided container shall be
transported to specific authorized recycling facilities designated
by the county for such purpose.
E.Â
All authorized haulers shall indemnify and hold harmless
the Town of Parma for any pending threatened or actual claims, liability
or expense arising from waste disposal by the authorized hauler in
violation of this chapter.
F.Â
Authorized haulers shall offer same-day collection
services for all recyclable materials to all residential customers
for whom they provide solid waste collection services, unless otherwise
authorized by the Monroe County Solid Waste Reuse and Recycling Regulations.
G.Â
Each hauler shall develop and submit for county approval
a generic collection plan for collecting recyclable materials from
its commercial, industrial and institutional customers as described
in Monroe County Solid Waste Reuse and Recycling Regulations, Article
G3.
H.Â
Authorized haulers shall not accept for collection
solid waste which has not been source separated in conformity with
the regulations promulgated under Monroe County's Solid Waste Reuse
and Recycling Law.
[Amended 5-16-2017 by L.L. No. 2-2017]
A.Â
Any persons violating the law or regulations shall be subject to
a warning by the administrator, police officer, or any designated
public official for the first violation.
B.Â
Any persons violating the law or its regulations shall be subject
to a fine of up to $50 for the second violation. Any persons violating
the law or its regulations shall be subject to a fine of up to $1,000
for the third or any additional violations. Any and all of the following
persons may inspect solid waste containers set out for collection,
recycling containers at centrally served residential facilities or
at commercial, industrial or institutional facilities and collection
vehicles for violations:
The provision of this chapter shall be effective
on the same date as the Monroe County Solid Waste Reuse and Recycling
Law.
