The purpose of this chapter is to promote the general
health, welfare and safety of the citizens of the City of Yonkers,
to protect the environment and to implement the solid waste management
policy as declared by New York State and Westchester County law. Additionally,
this chapter is intended to reduce the need to dispose of solid waste
generated in the City of Yonkers through incineration or landfill,
to maximize the available recycling capabilities and to comply with
New York State General Municipal Law § 120-aa.
This chapter shall apply to every waste generator within the
City of Yonkers.
Unless otherwise expressly stated or unless the context or subject
matter specifically requires a different meaning, the definitions
of the following terms which are used in this chapter shall be as
follows:
NONRESIDENTIAL RECYCLABLE MATERIAL
Recyclable material generated by a nonresidential waste generator,
which includes only newsprint, corrugated cardboard, bulk metals,
vehicular batteries and motor oil as defined as "residential recyclable
material" and, in addition, only the following materials:
A.
High-grade paper: high-grade paper such as letterhead, copier
paper, typing paper, tablet sheets, computer printout paper and all
papers of similar quality which are dry and free of contaminants.
This material shall not include carbon paper, self-carbonizing paper,
coated or glossy paper, window envelopes or envelopes with adhesive
labels.
B.
Glass: jars, bottles and containers of clear, green, amber or
brown colored glass used by all food and beverage industries, such
as restaurants, cafeterias and taverns, to store food or beverages
only, which are empty, dry and rinsed clean. This material shall not
include ceramics, windows, automobile glass, mirrors and lightbulbs.
C.
Metals: food and beverage containers made of steel, aluminum
or bimetal used by all food and beverage industries, such as restaurants,
cafeterias and taverns, which are empty, dry and rinsed clean.
D.
Plastics: food, beverage, detergent and shampoo containers used
by all food and beverage industries, such as restaurants, cafeterias
and taverns, which are empty, dry and rinsed clean.
PERSON
Any individual, firm, company, association, society, corporation,
partnership, copartnership, joint-stock company, trust, estate, governmental
entity or any other legal entity or legal representative, agent or
assign.
RECYCLE
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.
RESIDENTIAL RECYCLABLE MATERIAL
Recyclable material generated by a residential waste generator,
which includes only the following materials:
A.
Newsprint: newspapers as purchased, including glossy inserts,
which are dry and free of contaminants.
B.
Corrugated cardboard: non-wax-coated brown corrugated cardboard
containers and boxes which are dry and free of contaminants such as
adhesives, metals and plastics. This material shall not include gray
cardboard such as cereal boxes, tissue boxes, paper towel rolls and
other noncorrugated material.
C.
Glass: jars, bottles and containers of clear, green, amber or
brown colored glass, used only to store food or beverages and which
are empty, dry and rinsed clean. This material shall not include ceramics,
windows, automobile glass, mirrors and lightbulbs.
D.
Metals: food and beverage containers made of steel, aluminum
or bimetal which are empty, dry and rinsed clean.
E.
Bulk metals: large metal fixtures and appliances. This material
shall not include metal containers used to store flammable, volatile
or chemical materials.
F.
Plastics: food, beverage, detergent and shampoo containers which
are empty, dry and rinsed clean. This material shall not include plastic
wrap, plastic film, plastic bags, vinyl, rigid plastic (e.g., toys)
and plastic foam materials.
G.
Yard waste: leaves, small branches, twigs and brush.
H.
Vehicular batteries: lead-acid batteries used in vehicles and
heavy equipment. This material shall not include household batteries
such as those used in flashlights, cameras and radios, etc.
I.
Motor oil: oil used in gasoline- and diesel-powered vehicles
and engines, delivered in an uncontaminated container.
J.
Commingled recyclables: metals, plastic and glass.
RESIDENTIAL WASTE GENERATOR
A waste generator who resides in a single-family or multifamily
dwelling and whose waste and recyclable material is generated from
household functions such as cooking, cleaning, etc. This term shall
include but is not limited to the owner or manager of a habitable
building with three or more dwelling units.
SOURCE SEPARATION
The separation of recyclables from all waste at the point
and time of generation for separate collection, sale or other disposition.
WASTE GENERATOR
Any person who produces or is responsible for waste or recyclable
material which requires disposal.
Waste generators who are unable to comply with the requirements
of this chapter may apply for an exemption from such requirements.
Such application must be made to the Commissioner of Environmental
Facilities of the County of Westchester pursuant to the laws, rules
and regulations of the County of Westchester.
In addition to the penalties prescribed in this chapter, the
City may commence an action in a court of competent jurisdiction to
compel compliance with the provisions of this chapter or to compel
compliance with the rules, regulations or procedures promulgated by
the Commissioner of the Department of Public Works.
In the event that a violation of this chapter causes the City
to incur an expense, the City may commence civil litigation against
the violator to collect all expenses incurred.
The provisions of this chapter shall be enforced by the agents,
officers and employees of the City of Yonkers Department of Public
Works and the City of Yonkers Police Department.
It shall be unlawful for any person to remove recyclable material
from the curbside or refuse container of another person.