[HISTORY: Adopted by the Town Board of the Town of Hamlin
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-4-1992 by L.L. No. 1-1992 (Ch. 95, Art. I, of
the 1987 Code)]
This article shall be known as the "Solid Waste Management Law."
The Town of Hamlin 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 required that municipalities
adopt a local law 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 article 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 Hamlin to promote the safety, health
and well-being of persons and property within Hamlin; and
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 article, 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 permitted or specifically exempt facility or facilities
for processing, reprocessing and/or recycling recyclable materials
specified in the 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.
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 authorized hauler as a container
for recyclable materials.
Monroe County.
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 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 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" does 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
entity.
Includes, but is not limited to, the following:
Containers.
ALUMINUM Aluminum products and containers fabricated primarily of aluminum and commonly used for soda, beer, beverages or other food or drink products and other aluminum products.
GLASS FOOD AND BEVERAGE CONTAINERS New 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 or flat glass.
METAL CANS Containers fabricated primarily of steel or tin or bimetal cans of steel, tin and/or aluminum, but not including aluminum cans.
PLASTICS Including high-density polyethylene (HDPE), low-density polyethylene (LDPE), polystyrene and polyethylene terephthalate (PET), commonly used for soda, milk and other containers.
Paper.
BOXBOARD Wood-pulp-based material which is usually smooth on both sides but with no corrugated center; excludes material with wax coating.
CORRUGATED Wood-pulp-based material which is usually smooth on both sides with a corrugated center and is commonly used for boxes; excludes material with wax coating.
HIGH-GRADE PAPER White and colored office bond, duplicating paper, computer paper and other high-quality paper.
MAGAZINES Magazines, glossy catalogs and other glossy paper.
NEWSPRINT Common, inexpensive machine-finished paper made chiefly from wood pulp and used for newspapers. This term excludes magazines.
Other.
CONSTRUCTION AND DEMOLITION DEBRIS Material 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.
LARGE APPLIANCES Stoves, refrigerators, dishwashers, dryers, washing machines, water heaters and other large appliances and scrap metal and excluding air conditioners, microwaves and televisions.
WOOD WASTE Including logs, pallets and other wood materials.
YARD WASTE Grass 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, having served their intended use, or which 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 section.
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
enhance reclamation and recovery of solid waste or recyclable materials
otherwise destined for the municipal waste stream. For purposes of
this definition, 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 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)
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 Law.
(2)
Recyclable materials shall not be commingled with other solid waste
during collection, transportation or storage following collection.
The Town may order such exceptions as it determines are in the public
interest.
(3)
All recyclable materials generated or originated within the Town
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 except as permitted by law.
B.
Disposal of solid waste which is barred from all authorized recycling
facilities by rule, regulations or orders promulgated pursuant to
this article, the Monroe County Solid Waste Reuse and Recycling Law
or by any other law, regulation or ordinance shall not otherwise be
regulated by this article.
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 or recyclable materials so placed for
collection. Each such unauthorized collection, pickup or removal shall
constitute a separate violation of this article; provided, however,
that where the county or an 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 article or
the Monroe County Solid Waste Reuse and Recycling Law, 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 placed shall immediately become the property
of the county.
A.
License collection.
(1)
All authorized haulers must either obtain a solid waste collection
license from the Town or enter into an authorized hauler contract
with the county.
(2)
An authorized hauler sticker shall be prominently displayed on each
vehicle operated by or on behalf of the authorized hauler.
(3)
Authorized hauler applications may be denied if the applicant or
licensee has been adjudged or administratively determined to have
committed one or more violations of this article during the preceding
calendar year.
(4)
All authorized haulers licensed by the Town shall indemnify and hold
harmless the Town of Hamlin for any pending, threatened or actual
claims, liability or expenses arising from waste disposal by the authorized
hauler in violation of this article.
(5)
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.
(6)
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 the Monroe
County Solid Waste Reuse and Recycling Law, Article X.A.5.
(7)
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.
A.
When the designated public official determines that a failure to
comply with this article may have occurred, she/he shall recommend
to the municipality that the authorized hauler application or the
solid waste license be denied, suspended or revoked or its holder
subjected to a reprimand or fine or that the generator or originator
of the solid waste or recyclable materials be subject to sanctions,
fines or penalties as described herein. Notice and an opportunity
to be heard shall be provided prior to the denial, suspension or revocation
of a solid waste license or authorized hauler permit or the issuance
of a sanction, fine or penalty.
B.
Notification.
(1)
The designated public official 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, applicant 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 article
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 article, the County Solid Waste Reuse and Recycling
Law and the rules, regulations or orders promulgated pursuant to the
county law, by any police officer, peace officer, code officer and
any other public official designated by the county or municipality.
(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 article.
B.
Penalties.
(1)
Civil sanctions. The Town may commence a civil action to enjoin or
otherwise remedy any failure to comply with this article.
(2)
Criminal penalties. In addition to the civil sanctions provided herein,
failure to comply with this article 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.
(3)
Any penalties or damages recovered or imposed under this article
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 article.
The provisions of this article shall be effective on the same
date as the County Solid Waste Reuse and Recycling Local Law becomes
effective.
[Adopted 4-8-1992 by L.L. No. 4-1992 (Ch. 95, Art. II, of
the 1987 Code)]
The purpose of this article shall be to protect and promote
the health, safety and welfare of the people of the Town of Hamlin
by controlling littering and regulating the storage of garbage and
refuse within the Town.
As used in this article, the following terms shall have the
meanings indicated:
The relinquishment of any item of personal property and/or
litter with the intention of not reclaiming it nor resuming its ownership
or enjoyment. This includes items discharged from vehicles of all
types and/or from boats or aircraft.
The cold residue from combustion of any type of solid fuel,
such as wood, coal, coke, charcoal, paper and/or any similar substance.
All vegetable, animal or other matter, liquid or otherwise,
likely to ferment and decompose and produce noxious odors or become
injurious to health, and other materials commonly considered as "garbage."
Small tree branches, hedge, brush, vine trimmings, stalks
of vegetables and plants, grasses, weeds and similar substances and/or
materials found in residential yards.
Includes:
Garbage, refuse, trash or rubbish or any nauseous or offensive
matter, such as material from a kitchen, store, restaurant, food stand,
etc.
All waste materials customarily handled or collected by refuse
collectors or junk dealers.
Items known as "junk," regardless of size, discarded or abandoned
by reason of obsolescence, age or state of repair or intended to be
discarded, abandoned or junked.
Discarded reading material, newspapers, magazines or similar
paper goods.
Cans, bottles, containers, boxes, cartons or wrappers, with
or without contents.
The owner, agent, tenant, lessee, caretaker or any other
person in charge of any premises affected by this article, whichever
classification may be appropriate and effective for its enforcement.
Ashes, sweepings, paper materials, rags, bottles, tin cans,
glass, grass clippings and any other similar materials.
A receptacle having a closely fitted cover or lid, so constructed
as to prevent spillage or leakage of the contents. Such receptacles
shall be kept in a clean condition.[1]
Appliances, furniture, Christmas trees and other articles
incapable of being bundled effectively.
A.
No person shall throw, deposit or abandon litter on any property
within the Town of Hamlin, whether public or private and whether or
not owned by such person, nor shall any property owner use his land
for the dumping of litter or permit such dumping or accumulation of
litter on his property by others, except that the owner or person
in control of private property shall maintain private receptacles
for the collection of litter in such manner that litter will not be
carried or deposited by the elements upon the yard or premises of
others or upon the streets, roads, highways or any other public property.
B.
Litter not contained in receptacles as aforesaid shall not be stored
or piled on land within the Town except to facilitate delivery to
the vehicle of a refuse collector and shall not be so stored in anticipation
of such collection for a period in excess of 48 hours.
C.
No person shall throw or abandon or deposit litter upon any open
or vacant property within the Town, regardless of the ownership thereof.
D.
No person shall throw or deposit or abandon litter in or upon any
street, highway, walk, park, parking area or other public place within
the Town except in receptacles provided.
E.
No person shall throw or deposit or abandon any litter or foreign
matter of any kind whatsoever in any pool, pond, lake, stream, culvert,
watershed or any body of water within the Town, except treatment authorized
by the state, county or Town to control or regulate water purity or
aquatic vegetation.
F.
Producers of route-carrier-generated materials such as newspapers,
advertisers, flyers, tabloids, etc., exclusive of the United States
mail, must re-collect any remaining materials left during the prior
delivery before the new issue can be delivered. Frequency of re-collection
must equal frequency of distribution, but in no event shall any materials
be left unclaimed for more than one week.
G.
The prohibitions contained herein against the deposit of litter shall
include activities such as dumping, the maintenance of dumps or landfill
operations for any purpose or the use of property in the Town as a
dumping ground for the benefit of the owner or any other person.
Nothing in this article shall be construed as denying any person
the right to maintain a mulch pile or accumulation of grass cuttings,
leaves or other inoffensive materials on his own or leased property
as long as dust, odors or other nuisances are not permitted to develop
from the resulting compost.
Any person committing an offense against any provision of this
article shall be guilty of a violation punishable by a fine not exceeding
$250 or by imprisonment for a term not exceeding 15 days, or by both
such fine and imprisonment, for each and every violation.
