This article shall be known as the "Ulster County Mandatory Source Separation and Recycling Law."
The Ulster County Legislature finds that:
A. The County faces an increasing threat to its environmental and economic well-being from the solid waste disposal crisis.
B. The solid waste disposal crisis is exacerbated by people discarding in landfills a significant amount of material that can be recycled.
C. The State Legislature, in order to resolve the solid waste disposal crisis, delegated to the Agency extensive authority, responsibility, and power to plan, construct, operate, maintain, and finance projects for the management of the County's solid waste stream.
D. The County Legislature, in order to resolve the solid waste disposal crisis, established the Agency as the planning unit to prepare a Solid Waste Management Plan (the plan) for the County and approved the plan.
E. Maximizing waste reduction, reuse, and recycling ensures the attainment of not only the state's recycling goals as set forth in the 1988 Solid Waste Management Act, but also the County's recycling goals as set forth in the plan.
F. In order to implement the plan and maximize reduction, reuse, and recycling, the County wishes to adopt this Mandatory Source Separation and Recycling Law.
G. The Mandatory Source Separation and Recycling Law should, in part, address the solid waste disposal crisis by removing regulated recyclable materials from the solid waste stream, thereby reducing the required capacity of existing and proposed landfills; decreasing the flow of solid waste to landfills; increasing the life expectancy of existing and future landfills; reducing the cost of solid waste disposal; aiding in the conservation of valuable resources; preserving the health, safety and welfare of the public; and preserving the environmental quality of Ulster County.
H. The Mandatory Source Separation and Recycling Law is consistent with the plan because the purpose of this article is to:
(1) Source separate all regulated
recyclable materials, as defined in §
304-9, from the solid waste stream in Ulster County;
(2) Separate regulated recyclable materials into designated recyclable categories before such materials enter the Municipal Recycling System;
(3) Account for all regulated recyclable materials through reporting requirements so that the County may measure its progress in attaining the state and County recycling goals;
(4) Direct the flow of regulated recyclable materials so as to:
(a) Ensure that such materials are not disposed of in a landfill or incinerator, but recycled; and
(b) Ensure the success of the plan which the state has mandated and to which the County has committed a substantial amount of public funds.
(5) Ensure that separate regulated recyclable materials are properly and economically aggregated, processed, and sold or delivered to recycling markets;
(6) Secure long-term, stable, and environmentally appropriate markets for the County and its municipalities to survive periods of market downturns; and
(7) Ensure that education and technical assistance are provided to all persons in the County on source separation and recycling.
I. The Mandatory Source Separation and Recycling Law will be implemented by the Ulster County Resource Recovery Agency because the Agency has been delegated the authority and responsibility to manage the solid waste stream and has been established as the planning unit for the County.
J. The Mandatory Source Separation and Recycling Law seeks to maximize recycling by:
(1) Maintaining a partnership effort between the Agency and private sector;
(2) Ensuring that a sufficient amount of regulated recyclable materials enters the County's Municipal Recycling System to result in a cost-effective, successful operation.
(3) Having the Municipal Recycling System serve as the market of last resort; and
(4) Ensuring that private-sector recycling, which contributes to both County and state recycling goals, is in accordance with the County Solid Waste Management Plan and Article 27 of the Environmental Conservation Law.
This article adopted pursuant to § 120-aa of the General Municipal Law, § 10 of the Municipal Home Rule Law, § 2050-t, Subdivision (3), of the Public Authorities Law, and Article 27 of the Environmental Conservation Law.
As used in this article, the following terms shall have the following meanings:
AGENCY
The Ulster County Resource Recovery Agency created under Chapter 936 of the Laws of 1986 of the state, as amended.
CATALOG
A publication, such as a book, pamphlet, or magazine, created for the purposes of advertising or sales as specified by the Agency in the rules and regulations.
COMMERCIAL SECTOR
Businesses, industries, and manufacturing enterprises operating for profit.
COMMINGLED PAPER
The process of mixing various categories of recyclable paper as specified by the Agency in the rules and regulations. See also "mixed paper."
COMMINGLED RECYCLING
The process of mixing various regulated recyclables as specified by the Agency in the rules and regulations.
COMPOSTING
The process of aerobic, thermophilic decomposition by microbial degradation of solid organic constituents of solid waste to produce a stable, humus-like material called “compost.”
COMPOSTING FACILITY
A solid waste management facility used to provide aerobic, thermophilic decomposition by microbial degradation of solid organic constituents of solid waste to produce a stable, humus-like material.
COMPUTER PAPER
Clean, untreated or uncoated, white sulphite or sulphate papers, with or without colored stripes, manufactured for use in computer printers, which may or may not be imprinted with impact (nonlaser) or laser printing, as specified by the Agency in the rules and regulations; excluding, however, ground-wood computer printout or other contamination.
CONSTRUCTION AND DEMOLITION DEBRIS or C&D
Uncontaminated solid waste resulting from the construction, remodeling, repair and demolition of utilities, structures and roads; and uncontaminated solid waste resulting from land clearing. Such waste includes but is not limited to bricks, concrete and other masonry materials, soil, rock, wood (including painted, treated and coated wood and wood products), land-clearing debris, wall coverings, plaster, drywall, plumbing fixtures, nonasbestos insulation, roofing shingles and other roof coverings, asphaltic pavement, glass, plastics that are not sealed in a manner that conceals other wastes, empty buckets 10 gallons or less in size and having no more than one inch of residue remaining on the bottom, electrical wiring and components containing no hazardous liquids, and pipe and metals that are incidental to any of the above.
CONTAMINATION
The inclusion of substance(s) or condition(s) that render the otherwise recyclable or compostable materials, including regulated recyclable materials and yard waste, less marketable as specified by the rules and regulations.
CORRUGATED CARDBOARD
All clean, dry, brown paperboard, referred to in industry as "old corrugated cardboard." This includes boxes, cartons or other containers or dividers made of either kraft, test liner or jute, with a center fluting between layers, commonly used for packing, mailing, shipping or containerizing goods, merchandise or other material, or other cardboard as specified by the Agency in the rules and regulations; excluding, however, noncardboard materials, plastic, foam, or wax-coated or soiled cardboard.
COUNTY
The entire County of Ulster as constituted and existing under the laws of the state.
DESIGNATED RECYCLABLE CATEGORIES
The categories into which the regulated recyclable materials shall be separated as designated by the Agency through rules and regulations.
ECONOMIC MARKET
Instances in which the full avoided costs of proper collection, transportation, and disposal of source-separated materials are equal to or greater than the cost of collection, transportation, and sale of said material less the amount received from the sale of said material per Subdivision 2 of § 120-aa of New York State General Municipal Law.
ELECTRONIC WASTE or E-WASTE
Any surplus, obsolete, broken, or discarded electrical or electronic devices, including but not limited to televisions, computer monitors, computer peripherals, electronic office equipment, telephones, and electronic entertainment devices as specified by the Agency in the rules and regulations.
GENERATOR
Any person or legal entity that produces solid waste, including regulated recyclable materials requiring off-site disposal.
GLASS
All clean, empty glass containers made from silica or sand, soda ash and limestone, which are transparent or translucent, and are commonly used for the packaging or bottling of various products. These containers shall include all clear or colored glass bottles, jars, and jugs, as specified by the Agency in the rules and regulations; excluding, however, pottery or ceramics, lead-based glass (such as crystal), plate glass, window or auto pane, mirrors, light bulbs, heat-resistant glass or ovenware, thermopane, laboratory glass, safety glass, or other contaminated glass.
HAULER
Any person engaged in the business or activity of collecting, storing, and transporting regulated recyclable materials.
HOUSEHOLD HAZARDOUS WASTE
Household products that contain corrosive, toxic, ignitable, or reactive ingredients, including but not limited to pesticides, oil-based paints, solvents and certain batteries as specified by the Agency in the rules and regulations.
INSTITUTIONAL SECTOR
Private or public organizations, such as schools, hospitals, prisons, religious establishments, and not-for-profit organizations, whose purpose is to provide for the public welfare.
MAGAZINE
A periodical containing a collection of articles, stories, pictures or other features.
MARKET
A business which buys, sells, or accepts recyclable materials, including regulated recyclable materials, or compost for the purpose of reuse as a product or in the manufacturing of new products.
MATERIALS RECOVERY FACILITY or MRF
A facility that accepts recyclable commingled materials that have already been separated at the source from municipal solid waste generated by either residential or commercial sources. Material is sorted to specifications, then baled, shredded, crushed, or otherwise prepared for shipment to market. Materials recovery facilities are either dual stream or single stream. A dual-stream MRF is where source-separated recyclables are delivered in a mixed-container stream (typically glass, ferrous metal, aluminum and other nonferrous metals, and PET [No. 1] and HDPE [No.2] plastics) and a mixed-fiber stream (including cardboard, newspaper, magazines, office paper, junk mail, etc.) Single stream is an MRF that accepts and processes all recyclable materials mixed together, both mixed container and mixed fiber.
METAL CANS
Clean, empty metal containers made of aluminum or tin-plated or zinc-plated steel, which are commonly used for packaging food, beverages or other products, as specified by the Agency in the rules and regulations and are free of food, beverage or other contamination.
MIXED PAPER
Various categories of recyclable paper, including but not limited to white and colored paper used in printers, photocopiers and fax machines, white and colored ledger paper, carbonless copy paper, construction paper, office paper, undeliverable mail, mailed promotional letters/advertisements/circulars, magazines, catalogs, envelopes, newspaper, paperboard, soft-cover books, and hard-cover books with the cover removed as specified by the Agency in the rules and regulations.
MULTIFAMILY DWELLING GENERATOR
Solid waste generated from apartment complexes, condominium complexes, cooperative apartment complexes, recreational vehicle or trailer parks, hotels, motels, bungalow or resort colonies, or campgrounds.
MUNICIPAL RECYCLING SYSTEM (formerly known as the "Satellite Aggregation Center System")
The entire County system as set forth in the County's Solid Waste Management Plan for maximizing reduction, reuse and recycling, including but not limited to purchasing any and all equipment, constructing and permitting two satellite aggregation centers, establishing a transportation network for regulated recyclable materials, securing long-term, stable markets for the County and its municipalities, and educating the public on how to maximize reduction, reuse and recycling of the solid waste stream.
NEWSPAPER
All clean, dry paper commonly referred to as "newspapers" or "newsprint," not sunburned, and free from paper other than news or other contamination, and containing not more than the normal percentage of rotogravure and colored sections, as specified by the Agency in the rules and regulations.
OFFICE PAPER
Clean, white or colored ledger, bond, writing, copier or other paper, with or without printing or writing, but free of glossy, treated, coated or padded stock, carbon, plastic, or other contamination, as specified by the Agency in the rules and regulations.
PAPERBOARD
Clean, flat, pressed, uncorrugated, stiff paper as specified by the Agency in the rules and regulations. Paperboard is also known as thin cardboard or greyboard and is used in products such as cereal boxes. Paperboard cannot be plastic or wax coated.
PERSON
Any natural person, individual, partnership, copartnership, association, owner or manager of a business, commercial or industrial establishment, joint venture, corporation, trust, estate, institution, not-for-profit organization or any other legal entity, including a municipality or any other waste generator.
PHARMACEUTICAL WASTE
Waste containing pharmaceutical substances, including expired, unused, spilt, and contaminated pharmaceutical products, drugs, vaccines, and sera that are no longer required and need to be disposed of appropriately. The category also includes discarded items used in the handling of pharmaceuticals, such as bottles or boxes with residues, gloves, masks, connecting tubing, and drug vials.
PLASTIC
All clean, empty containers made of the plastic resins specified by the Agency in the rules and regulations, including but not limited to plastic bottles or jugs having contained spring water, various beverages or foods, and excluding contamination.
RECYCLABLE MATERIAL
Any solid waste that exhibits the potential to be returned to the economic resource stream in the form of raw materials to be used in place of virgin materials in the manufacture of new products.
RECYCLABLES HANDLING AND RECOVERY FACILITY
A solid waste management facility, properly permitted under the New York State Department of Environmental Conservation rules and regulations, other than collection and transfer vehicles, at which recyclables are separated from the solid waste stream, or at which previously separated recyclables are collected.
REGULATED RECYCLABLE MATERIAL
Includes newspaper, mixed paper, glass bottles, jugs and jars, metal cans, plastic, corrugated cardboard, paperboard, and any other materials as may be designated by the Agency in accordance with this article.
RESIDENTIAL GENERATOR
Solid waste generated from single- or multiple-family dwellings and other residential sources.
SELF HAULER
Any person who hauls or transports the regulated recyclable material it generates.
SOLID WASTE
All materials or substances discarded or rejected within the County of Ulster as being spent, useless, worthless, or in excess to the owners at the time of such discard or rejection, including, but not limited to garbage, refuse, industrial and commercial waste, sludges from air or water pollution control facilities or water supply treatment facilities, rubbish, ashes, contained gaseous materials, 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, source, special nuclear or by-product material within the meaning of the Atomic Energy Act of 1954, as amended, and waste which appears on the list of hazardous waste promulgated by the Commissioner of Environmental Conservation pursuant to § 27-0903 of the Environmental Conservation Law.
SOLID WASTE MANAGEMENT FACILITY
Any facility, plant, works, system, building, structure, improvement, machinery, equipment, fixture or other real or personal property which is to be used, occupied or employed for or is incidental to the collecting, receiving, transporting, storage, processing or disposal of solid waste as more fully defined in Public Authorities Law § 2050-b, Subdivision (16).
TRANSFER STATION
The location designated by each municipality and registered or permitted by the New York State Department of Environmental Conservation as a municipal dropoff center for regulated recyclable materials, solid waste or yard waste.
YARD WASTE
Grass clippings, leaves, twigs, branches, lawn and garden wastes, weeds, brush, shrubbery clippings, clean wood and clean pallets as specified by the Agency in the rules and regulations, excluding treated, painted or glued wood, construction and demolition wood, or other debris.
This article shall be put into effect, administered, and enforced by the Agency. In order to carry out this responsibility, the Agency, acting consistently with the purposes of this article, shall be empowered to do the following:
B.
Establish, revise, amend, and repeal standards, practices, and procedures for the proper preparation, separation, collection, and disposal of regulated recyclable materials.
C.
Establish, revise, amend, and repeal rules and regulations as it shall deem reasonable, necessary and proper to carry out the responsibilities and requirements of this article pursuant to §
304-11.
D.
Designate solid waste management facilities within Ulster County, which may receive, aggregate, or process regulated recyclable materials or compost yard waste.
E.
Direct the flow of regulated recyclable materials to solid waste management facilities that receive, aggregate, or process regulated recyclable materials or compost yard waste.
F.
Add regulated
recyclable materials to the solid waste stream based on market availability, technology and other factors subject to §
304-30.
G.
Alter or delete regulated recyclable materials to be removed from the solid waste stream based on market availability, technology and other factors subject to approval by a majority vote of the Recycling Oversight Committee.
H.
Establish reporting procedures to account for all recyclable materials, including regulated recyclable materials and yard waste, in the County.
I.
Secure long-term, stable markets for the recycling of regulated recyclable materials and sell or otherwise market the regulated recyclable materials.
J.
Investigate violations of this article through the subpoena power of the hearing officer and others, issue warnings, seek civil and criminal penalties from the independent administrative hearing officer or in a court of competent jurisdiction, issue temporary cease-and-desist orders, enter into consent agreements, and pursue the collection of penalties in accordance with §§
304-24,
304-25,
304-26,
304-27,
304-28, and
304-29.
When specified in this article, the Agency may, from time to time, promulgate rules and regulations consistent with the provisions of this article in order to effectuate the purposes hereof. This procedure for rule making shall be as follows:
A.
The Executive Director must prepare and submit proposed rules and regulations to the Agency, the community, the appropriate committee of the County Legislature, the County Executive and the Recycling Oversight Committee.
B.
The Agency may authorize notification of a hearing in the official newspaper of the County, as designated by the County Legislature.
C.
The notice shall be published at least 30 days prior to the public hearing and shall:
(1)
Cite the statutory authority under which the rules and regulations are proposed;
(2)
Give the date, time, and place of the public hearing;
(3)
State the proposed rules and regulations or a synopsis thereof;
(4)
Give the name and address of the Agency representative to whom written comments may be submitted. The express terms of the proposed rules and regulations shall be available to the public on the date such notice is first given pursuant to this subsection.
D.
The Executive Director shall conduct a public hearing and, upon request of the appropriate committee of the County Legislature, appear before that committee in public session to discuss the proposed rule making.
E.
The Executive Director shall prepare the record of the public hearing and a document responding to the comments received at the public hearing.
F.
The record of public comment and the response document shall be made available for public review and submitted to the Agency.
G.
The Agency shall make such changes and modifications in response to public comment as it deems appropriate and shall adopt the final rules and regulations by resolution.
H.
The Executive Director shall publish the final rules and regulations, or a synopsis thereof, in the same manner as the proposed rules and regulations, no less than 10 days after the Agency adopts the final rules and regulations. The final rules and regulations shall take effect 20 days after publication.
I.
The Agency shall post any changes to the rules and regulations, in addition to the full local law, at all designated transfer stations and online.
A program is hereby established within Ulster County for the mandatory source separation of regulated
recyclable materials from the solid waste stream. Regulated
recyclable materials established under this article shall, as defined in §
304-9, include the following: glass, metal cans, plastics, newspaper, corrugated cardboard, paperboard, and mixed paper. All persons shall separate regulated
recyclable materials from solid waste before either setting out solid waste for collection pursuant to lawful procedure or disposing of it in an authorized solid waste management facility.
It shall be a violation for any person to:
A. Remove a County recycling container from the County;
B. Take, without authorization, a County recycling container;
C. Dispose of a County recycling container other than by returning such container to the issuing municipality; and
D. Use such container for other than the temporary storage of regulated recyclable materials.
It shall be unlawful for:
A. Any person to fail to separate, prepare for collection, collect, transport, or dispose of regulated
recyclable materials or yard waste in accordance with this article or any rules and regulations promulgated pursuant to §
304-11.
B. Any person to dispose of any solid waste generated in Ulster County unless such regulated recyclable materials have been removed from such solid waste.
C. Any person to place regulated recyclable materials at other than a designated location.
D. Any person to alter regulated recyclable materials or fail to maintain these materials in the condition specified by the Agency in the rules and regulations.
E. Any person to dispose of or cause to be disposed of regulated recyclable materials or yard waste in a landfill, incinerator, or any other solid waste disposal facility.
F. Any hauler to collect, transport, store, or deliver regulated recyclable materials that contain solid waste.
G. Any hauler to deliver regulated recyclable materials to a solid waste management facility not designated by the Agency.
H. Any solid waste management facility to accept solid waste unless the regulated recyclable materials are separated therefrom.
I. Any person not authorized under this article to remove regulated recyclable materials once set out for collection or brought to a municipal recycling dropoff center or municipal recycling system.
J. Any person to fail to report as required by this article or the rules and regulations.
K. Any person to knowingly make a false material statement or representation in any report required under this article.
L. Any person to violate, cause, or assist in the violation of any provision herein.
If any person fails to pay an assessment of a civil penalty, the Agency may bring a civil action in an appropriate court to recover the amount assessed (plus interest) at currently prevailing rates from the date of the final order or the date of the final judgment, as the case may be. Such person shall be required to pay, in addition to such amount and interest, attorneys' fees and costs for collection proceedings and a quarterly nonpayment penalty for each quarter during which such failure to pay persists. Such nonpayment penalty shall be in an amount equal to 20% of the aggregate amount of such person's penalties and nonpayment penalties which are unpaid as of the beginning of such quarter.