[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, 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.
As used in this article, the following terms shall have the
meanings indicated:
AUTHORIZED HAULER
Any person licensed by the municipality under contract with
the county to collect and transport 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 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.
CONTAINER
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.
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 solid waste disposal, reduction
or conversion facilities.
HAZARDOUS WASTE
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.
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" does 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
entity.
RECYCLABLE MATERIALS
Includes, but is not limited to, the following:
A.
Containers.
(1)
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.
(2)
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.
(3)
METAL CANS Containers fabricated primarily of steel or tin or bimetal cans of steel, tin and/or aluminum, but not including aluminum cans.
(4)
PLASTICS Including high-density polyethylene (HDPE), low-density polyethylene (LDPE), polystyrene and polyethylene terephthalate (PET), commonly used for soda, milk and other containers.
B.
Paper.
(1)
BOXBOARD Wood-pulp-based material which is usually smooth on both sides but with no corrugated center; excludes material with wax coating.
(2)
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.
(3)
HIGH-GRADE PAPER White and colored office bond, duplicating paper, computer paper and other high-quality paper.
(4)
MAGAZINES Magazines, glossy catalogs and other glossy paper.
(5)
NEWSPRINT Common, inexpensive machine-finished paper made chiefly from wood pulp and used for newspapers. This term excludes magazines.
C.
Other.
(1)
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.
(2)
LARGE APPLIANCES Stoves, refrigerators, dishwashers, dryers, washing machines, water heaters and other large appliances and scrap metal and excluding air conditioners, microwaves and televisions.
(4)
YARD WASTE Grass clippings, leaves, branches up to four inches in diameter and other like vegetative garden materials.
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 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.
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 PROGRAM
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.
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:
ABANDONING, DEPOSITING or THROWING
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.
ASHES
The cold residue from combustion of any type of solid fuel,
such as wood, coal, coke, charcoal, paper and/or any similar substance.
GARBAGE
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."
GARDEN REFUSE
Small tree branches, hedge, brush, vine trimmings, stalks
of vegetables and plants, grasses, weeds and similar substances and/or
materials found in residential yards.
LITTER
Includes:
A.
Garbage, refuse, trash or rubbish or any nauseous or offensive
matter, such as material from a kitchen, store, restaurant, food stand,
etc.
B.
All waste materials customarily handled or collected by refuse
collectors or junk dealers.
C.
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.
D.
Discarded reading material, newspapers, magazines or similar
paper goods.
E.
Cans, bottles, containers, boxes, cartons or wrappers, with
or without contents.
OCCUPANT
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.
REFUSE and RUBBISH
Ashes, sweepings, paper materials, rags, bottles, tin cans,
glass, grass clippings and any other similar materials.
SUITABLE RECEPTACLE
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.
TRASH
Appliances, furniture, Christmas trees and other articles
incapable of being bundled effectively.
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.