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. 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. 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. 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. 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:
AUTHORIZED HAULER
Any person who collects and transports solid waste or recyclable
materials generated or originated within the county.
AUTHORIZED RECYCLING FACILITY OR FACILITIES
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.
CONSTRUCTION AND DEMOLITION PROJECTS
All construction excavation, demolition or other similar
projects, whether residential, commercial, industrial, institutional
or municipal, which generate construction and demolition debris.
CONTAINER
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.
DROP-OFF CENTER USERS
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.
EXECUTIVE
The County Executive of Monroe County.
FACILITY
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.
HAZARDOUS WASTE
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.
INDIVIDUALLY SERVED RESIDENTIAL
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.
OTHER RECOVERABLE MATERIALS
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.
PERSON
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.
RECYCLABLE MATERIALS
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:
A.
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.
B.
CORRUGATEDWoodpulp-based material which is usually smooth on both sides with a corrugated center. Commonly used for boxes. Excludes material with wax coating.
C.
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.
D.
MAGAZINESMagazines, glossy catalogs and other glossy paper.
E.
LARGE APPLIANCEStoves, refrigerators, dishwashers, dryers, washing machines, water heaters and other large appliances and scrap metal, and excluding air conditioners, microwaves and televisions.
F.
METAL CANSContainers fabricated primarily of steel or tin or bi-metal cans of steel, tin and/or aluminum, but not including aluminum cans.
G.
NEWSPRINTCommon, inexpensive machine-finished paper made chiefly from woodpulp and used for newspaper. This term excludes magazines.
H.
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.
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
as raw materials.
SOLID WASTE
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.
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.
WASTE STREAM REDUCTION PROGRAMS
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.
[Amended 5-16-2017 by L.L. No. 2-2017]
A. 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. 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.