[Adopted 7-1-1991 by L.L. No. 5-1991]
This Part 2 shall be known as the "Solid Waste Management Local Law."
The Town Board of the Town of Gates 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 uses exist.
This Part 2 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,[1] to:
A.
Institute a plan for the management of recyclable materials
generated or originated in the Town of Gates to promote the safety, health
and well-being of persons and property within Gates; and to
B.
Implement the express policy of the State of New York
encouraging solid waste reduction through recycling.
[1]
Editor's Note: See § 120-w of the General Municipal Law
and Title 1 of Article 27 of the Environmental Conservation Law, respectively.
As used in this Part 2, the following terms shall have the meanings
indicated:
The Solid Waste Administrator of Monroe County.
Any person licensed by the municipality under contract with the county
to collect and transport recyclable materials generated or originated within
the county.
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 recyclable materials.
The County of Monroe.
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
and Recovery Act, 42 U.S.C. § 6901 et seq., or "hazardous substance"
as defined under 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 recyclable materials" do not include recyclable materials
as defined herein.
Any natural person, partnership, association, joint venture, corporation,
estate, trust, association, county, city, town, village, improvement district,
governmental entity or other legal entity.
Includes but is not limited to the following:
ALUMINUMAluminum products and containers fabricated primarily of aluminum and commonly used for soda, beer, beverages or other food or drink products and other aluminum products.
BOXBOARDWood-pulp-based material which is usually smooth on both sides but with no corrugated center. Excludes material with wax coating.
CORRUGATEDWood-pulp-based material which is usually smooth on both sides with a corrugated center. Commonly used for boxes. Excludes material with wax coating.
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 land clearing 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.
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 auto glass, Pyrex, leaded glass, mirrored glass or flat glass.
MAGAZINESMagazines, glossy catalogs and other glossy paper.
HIGH-GRADE PAPERWhite and colored office bond, duplicating paper, computer paper and other high-quality paper.
LARGE APPLIANCESStoves, 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 bimetal cans of steel, tin and/or aluminum but not including aluminum cans.
NEWSPRINTCommon, inexpensive machine-finished paper made chiefly from wood pulp and used for newspapers. This term excludes magazines.
PLASTICSIncluding high-density polyethylene (HDPE), low-density polyethylene (LDPE), polystyrene and polyethylene terephthalate (PET). Commonly used for soda, milk and other containers.
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 as raw materials.
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
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, sales
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 enhance reclamation and recovery
of solid waste or recyclable materials otherwise destined from the municipal
waste stream. For purposes of this section, such reduction programs shall
not include the processing of waste for incineration or disposal by other
means.
A.
Solid waste generated or originated within the Town of
Gates which has been left for collection or which is delivered by the generator
of such waste to a solid waste management facility shall be disposed of as
follows:
(1)
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 rules and regulations
promulgated hereunder.
(2)
Recyclable materials shall not be commingled with other
solid waste during collection, transportation or storage following collection.
The Director of Public Works may order such exceptions as he determines are
in the public interest.
(3)
All recyclable materials generated or originated within
the Town of Gates 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 Town of Gates except as permitted by law.
C.
No hazardous waste may be delivered to an authorized
recycling facility.
A.
Only persons who are acting under authority of the county
or an authorized hauler shall collect, pick up, remove or cause to be collected,
picked up or removed any solid waste recyclable materials so placed for collection.
Each such unauthorized collection, pickup or removal shall constitute a separate
violation of this Part 2; provided, however, that where the county or any
authorized hauler has refused to collect certain 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
or street side.
B.
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 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.
A.
All authorized haulers must either obtain a solid waste
collection license from the Gates Town Board or enter into an authorized hauler
contract with the county.
B.
An authorized hauler sticker shall be prominently displayed
on each vehicle operated by or on behalf of the authorized hauler.
C.
Authorized hauler applications may be denied if the applicant
or licensee been adjudged or administratively determined to have committed
one more violations of this Part 2 during the preceding calendar year.
D.
All authorized haulers licensed by the Town of Gates
shall indemnify and hold harmless the town, its officers and employees for
any pending, threatened or actual claims, liability or expenses arising from
waste disposal by the authorized hauler in violation of this Part 2.
E.
Authorized haulers shall offer collection services for
all recyclable materials to all residential customers for whom they provide
solid waste collection services at the same times and on the same days as
services are provided to their customers for solid waste collection.
F.
Each hauler shall develop and submit for county approval
a generic collection plan for collecting recyclable materials from its commercial,
industrial and institutional customers.
G.
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 Management Local Law.
A.
When the Director of Public Works determines that a failure
to comply with this Part 2 may have occurred, he shall recommend to the Town
Board that the authorized hauler application be denied or the solid waste
license be suspended, revoked or its holder subjected to a reprimand or that
the generator or originator of the solid waste or recyclable materials be
subject to sanctions or penalties as described herein. Notice and an opportunity
to be heard shall be provided prior to the denial of a solid waste license
or authorized hauler application, the suspension or revocation of a solid
waste license or the issuance of a sanction, fine or penalty.
B.
Notification.
(1)
The Director of Public Works shall notify the affected
generator, applicant or licensee of the alleged failure in writing. The notice
shall include:
(2)
The notice shall be personally served or sent by registered
mail to the generator's, applicant's or licensee's last known address at least
10 days before the hearing date, with a copy to the Administrator.
C.
Hearings.
(1)
Hearings shall be held before the Town Justice within
a reasonable period, which shall be at least 10 days after service of notice.
(2)
The generator, applicant or licensee may be represented
by counsel at the hearing and may offer evidence and cross-examine witnesses.
(3)
Within 20 days after the close of the hearing, the Town
Justice shall:
(a)
Determine whether the alleged failure to comply with
this Part 2 has occurred; and
(b)
If the Town Justice determines that such a failure has
occurred, decide whether the generator or applicant shall be subject to fine
or penalty, the application shall be denied or an existing solid waste license
or authorized hauler status be suspended or revoked or its holder subjected
to a reprimand and issue an order carrying out this decision.
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, the County Solid Waste Management Law and the rules, regulations
or orders promulgated pursuant to the county law by any police officer,peace
officer, Town Director of Public Works, Code Officer and any other public
official designated by the county or town.
(2)
Police officers, peace officers, code officers and the
specified public servants are hereby authorized and directed to issue appearance
tickets for violations of this Part 2.
B.
Penalties.
(1)
Civil sanctions. The Town of Gates may commence a civil
action to enjoin or otherwise remedy any failure to comply with this Part
2.
(2)
Criminal penalties. 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.
(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 prior to June 1, 1992, in order to permit persons
regulated hereunder to come into compliance with this Part 2.
