[HISTORY: Adopted by the Common Council of the City of Glens
Falls 6-6-1991 by L.L. No. 1-1991. Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 121.
This chapter shall be titled a "Local Law Providing for Mandatory
Collection, Source Separation and Segregation of Recyclables or Reusable
Material from Solid Waste."
The authority for this chapter is General Municipal Law § 120-aa
and Municipal Home Rule Law § 10 of the State of New York.
The City of Glens Falls finds the reduction of the amount of solid waste and the conservation of recyclable materials are important public concerns. The separation and collection of newspaper, paper, cardboard, glass, cans, plastic containers, vegetative yard waste and other materials for recycling from the residential, commercial, industrial and institutional establishments in the city will protect and enhance the city's physical and visual environment as well as promote the health, safety and well-being of persons and property within the city by minimizing the potential adverse effects of landfilling, aiding in the conservation and recovery of valuable resources, conserving energy in the manufacturing process, increasing the supply of reusable materials for the city's (and region's) industries and will also reduce substantially the required capacity of proposed resource recovery facilities and contribute to their overall combustion efficiency, thereby resulting in significant cost savings in the planning, construction and operation of these facilities. This chapter also assists the city in complying with the mandates of the New York State Department of Environmental Conservation as stated in Part 360 of NYCRR; ensuring conformance with the New York State Solid Waste Management Plan; and complying with Chapter 70, Laws of 1988, which requires all municipalities in New York to have a source separation law by September 1, 1992.
As used in this chapter, the following terms shall have the
meanings indicated:
Those persons generating solid wastes at businesses, including
retail stores, banks and financial institutions, business and professional
offices, personal service establishments, mortuaries and funeral homes,
restaurants, taverns, hotels, motels, theaters, recreational establishments,
pet shops and veterinary establishments, automobile sales establishments,
gasoline stations, car washes and other such business endeavors although
not specifically defined herein.
That area between the center of the street and the building
side of the sidewalk. Where no sidewalk exists, "curbside" shall mean
that area between the center of the street and the building side of
the street's shoulder.
The Mayor of the City of Glens Falls or his designee.
Any area designated from time to time by the Director where
persons can bring recyclables for aggregation and further transport
to a solid waste management facility.
The practice whereby solid waste, including separated recyclables,
generated by the residential sector, is placed at an appropriate location
on the residential property to be picked up by a hauler for transportation
to a solid waste management facility.
Establishments primarily concerned with manufacturing or
other substantial physical or chemical material processing operations
including, without limitation, manufacturing establishments, warehouses,
wholesale distributors, freight and trucking terminals and heavy machinery
sales, service and repair.
Those persons generating solid waste at public, charitable
and similar establishments, including schools, churches, hospitals,
government offices and garages and nursing homes.
Materials that will be accepted by municipal transfer stations.
The initial list of materials includes newsprint, tin cans, unbroken
clear glass bottles and plastic (HDPE) milk jugs and tires and white
metals (appliances). This list will be added to or modified by the
Director.
Additionally, vegetative yard waste shall be deemed "recyclable"
and shall mean organic yard and/or garden waste, leaves, grass, clippings
and brush.
Those persons generating solid waste at single and multiple
residences, boarding houses, dormitories, temporary residences and
camps.
A.
Generally.
(1)
It shall be a violation of this chapter for any person to dispose of recyclables otherwise than as provided by this chapter, except that a finding of a violation by a commercial hauler or employee or agent thereof shall be in accordance with Subsection C(2) hereof.
(2)
All persons shall separate recyclables from other solid waste when
preparing them for transportation, collection, pickup or removal by
placing recyclables in one or more separate containers in accordance
with rules adopted by the Common Council. It shall be a violation
of this chapter for any person to place for household collection or
deliver to a dropoff area or a solid waste management facility a container
which contains recyclables mixed with other solid waste.
(3)
Recyclables delivered to a solid waste management facility shall
be prepared in accordance with all rules or regulations promulgated
by the Director, and said rules and regulations shall be filed with
the City Clerk. Such rules and regulations for preparation may include,
but shall not be limited to:
(a)
Removal of glossy inserts or wet/damp materials from newsprint.
(b)
Washing of glass and/or metal containers.
(c)
Flattening of cans.
(d)
Removal of caps and lids.
(e)
Removal of broken glass.
(f)
Placement in designated or properly labeled containers, where
practical.
(g)
Sorting into different categories of recyclables.
(4)
The Director may from time to time determine that certain materials
contained in solid waste generated or brought within the city are
"recyclables" or that certain materials included or hereafter included
in this chapter's definition of "recyclables" are no longer recyclable.
Upon any such determination, the Director shall submit a written report
to the Common Council recommending that such materials be added to
or deleted from the definition of "recyclables" and provide the reasons
and data supporting such inclusion or deletion.
(5)
The Common Council, by resolution, may add or delete any materials
as recommended by the Director. Said addition or deletion shall take
effect 30 days after designation and publication of notice in an official
newspaper of the city.
B.
Procedures for residential sector.
(1)
All recyclables shall be properly prepared and separated from all
solid waste, left for collection by a commercial hauler or generated
and delivered to a solid waste management facility by a person in
the residential sector.
(2)
Wherever household collection of residentially produced yard waste and/or garden waste is available from a municipal hauler, persons choosing to use such collection services shall bag their leaves and grass (separately) as set forth in Subsection B(3) of this section. Residents shall not be allowed to deliver yard or garden waste to the composting facility. All brush shall be cut to size, being a maximum of four-foot lengths and placed along the curb in accordance with the rules established by the Director or Superintendent of Public Works.
(3)
Bags for grass and leaves a maximum 30 gallons, plastic bags or proper
compostable paper bags or, in the alternative, a reusable rubberized-flexible
or metal type container with lid shall be used.
(4)
Curbside pickup of trash, rubbish, garbage or recyclables will not
be permitted within the city limits.
C.
Procedures for commercial, industrial and institutional sectors.
(1)
All recyclables shall be properly prepared and separated from all
solid waste, left for collection by a commercial hauler by a person
in the commercial, industrial and institutional sectors or generated
and delivered by a person in the commercial, industrial and institutional
sectors to a solid waste management facility.
(2)
Vegetative yard or garden waste generated by commercial, industrial
and institutional sectors shall not be placed by the roadside for
municipal pickup, but shall be disposed of by each sector in a manner
that is approved by the Director. Possibilities include a self-contained
compost pile or arrangement with another municipality to accept their
yard or garden waste.
D.
Disposal of collected recyclables by commercial haulers.
(1)
Commercial haulers engaged in collecting recyclables generated within
the city by residential, commercial, industrial or institutional sectors
or who dispose of wastes in a designated solid waste management facility
shall keep recyclables separated from other solid wastes and shall
handle recyclables in such a manner that they are not contaminated
or destroyed.
(2)
With respect to only commercial haulers, it shall be a violation
of this chapter for any commercial hauler to knowingly collect, handle
or dispose of recyclables otherwise than as provided by this subsection.
In the event that a commercial hauler collects, handles or disposes
of recyclables other than as provided by this chapter as a result
of inadvertent collection from residential, commercial, industrial
or institutional sectors, upon discovery the commercial hauler shall
take the following actions:
(a)
The commercial hauler shall attempt to separate, where practical,
recyclables from solid waste before delivering solid waste to a solid
waste management facility.
(b)
The commercial hauler shall notify the municipality of any generators
who have discarded recyclable items with other solid waste.
(c)
At the request of the municipality, the commercial hauler shall
provide warning notices to generators who have discarded recyclable
items with other solid waste.
A.
Recyclables shall only be disposed of by persons in the residential,
commercial, industrial or institutional sector or commercial haulers
at:
(1)
A New York State DEC-permitted materials recycling facility;
(2)
The solid waste management facility designated by the Director;
(3)
A deposit refund center;
(4)
A manufacturing or processing facility utilizing recyclables in its
manufacturing or processing operation; or
(5)
A recycling facility approved by the Director.
B.
Recyclables may be retained for personal use or commercial use of
or by any persons in the residential, commercial, industrial or institutional
sectors or by the commercial haulers.
A.
The Glens Falls Common Council shall have the power to adopt and
promulgate, amend and repeal such rules and regulations as may be
recommended by the Director or which in its discretion are necessary
or desirable to carry out, interpret and enforce the intent and purposes
of this chapter. Notwithstanding this power, any failure to adopt
and promulgate such rules and regulations shall not impair the enforceability
of this chapter.
B.
The Glens Falls Common Council or such other persons as may be assigned
the task by the Glens Falls Common Council shall develop, subject
to Glens Falls Common Council approval, a comprehensive, innovative
and effective public education program concerning the requirements
of this chapter and any amendments, the overall value of recycling
and waste reduction and any related public programs.
A.
The Director and any other person designated by the Glens Falls Common
Council shall be authorized to inspect solid waste left for collection,
loads of solid waste being transported to a solid waste management
facility and solid waste being disposed of at any duly designated
dropoff area or solid waste management facility in the city for the
purpose of determining if any person has failed to comply with the
provisions of any section of this chapter.
B.
Each commission of a single act of violation shall constitute a separate
violation of this chapter and each day of such violation shall constitute
a separate offense which may be punished and prosecuted as such.
C.
The violation of this chapter shall be punishable by a fine as described
below. The following fines may be levied upon any person convicted
of violating this chapter:
D.
A violation of this chapter by employees or agents
of any business, corporation, partnership or proprietorship within
the commercial, industrial or institutional sectors or of any commercial
hauler shall be considered to be a violation by the commercial, industrial
or institutional business corporation, partnership or proprietorship
and the commercial hauler.
