[HISTORY: Adopted by the City Council of the City of Yonkers 8-20-1992 by G.O. No.
5-1992. Amendments noted where applicable.]
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:
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:
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.
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.
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.
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.
All waste generators other than residential waste generators.
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.[1]
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.
Recyclable material generated by a residential waste generator,
which includes only the following materials:
Newsprint: newspapers as purchased, including glossy inserts,
which are dry and free of contaminants.
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.
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.
Metals: food and beverage containers made of steel, aluminum
or bimetal which are empty, dry and rinsed clean.
Bulk metals: large metal fixtures and appliances. This material
shall not include metal containers used to store flammable, volatile
or chemical materials.
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.
Yard waste: leaves, small branches, twigs and brush.
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.
Motor oil: oil used in gasoline- and diesel-powered vehicles
and engines, delivered in an uncontaminated container.
Commingled recyclables: metals, plastic and glass.
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.
The separation of recyclables from all waste at the point
and time of generation for separate collection, sale or other disposition.
Any person who produces or is responsible for waste or recyclable
material which requires disposal.
A.
Every residential waste generator in the City shall be responsible
for the source separation of residential recyclable material from
all household waste at the point and time of generation. Such source
separation shall commence on September 1, 1992.
B.
Every residential waste generator shall provide for the removal of
separated residential recyclable material and household waste from
the property on which they are generated pursuant to the rules, regulations
and procedures promulgated by the Commissioner of the Department of
Public Works of the City of Yonkers or by taking these materials directly
to a recyclables transfer, storage or processing location.
C.
Motor oil shall be delivered by the residential waste generator to
service stations required to accept such material.
D.
Used vehicular batteries shall be delivered by the residential waste
generator to retailers who are required to accept such batteries for
recycling or delivered to scrap recycling facilities which accept
used vehicular batteries for recycling.
E.
Nothing in this chapter shall be construed to prohibit private composting
of garden and yard waste by a residential waste generator on the residential
generator's own property.
A.
The City of Yonkers will provide collection of household waste and
recyclable materials pursuant to the following schedule:
(1)
Monday and Thursday collection route: On Monday, household waste
will be collected only. On Thursday, household waste and commingled
recyclables will be collected.
(2)
Tuesday and Friday collection route: On Tuesday, household waste
will be collected only. On Friday, household waste and commingled
recyclables will be collected.
(3)
Wednesday collection route: On Wednesday, newsprint, cardboard and
yard waste will be collected.
B.
Newsprint shall be placed in a brown paper bag or open cardboard
box and shall not be tied in any way. Cardboard shall be flattened
and tied.
C.
Yard waste shall be placed in an open refuse container or in a brown
paper bag.
D.
Commingled recyclables shall be placed together in a designated refuse
container and shall not be placed in paper or plastic bags.
E.
All household waste, commingled recyclables, newsprint and cardboard
shall be placed at curbside by 7:00 a.m. of the designated collection
day.
F.
Subsequent changes to the collection schedule or collection procedures
shall be made by the Commissioner of Public Works with notice placed
in the official newspapers of the City of Yonkers for a two-week period
prior to the change.
A.
Every nonresidential waste generator in the City shall be responsible
for the source separation of nonresidential recyclable material from
all waste at the point and time of generation. Such source separation
shall commence on September 1, 1992.
B.
Every nonresidential waste generator shall provide for the removal
of separated nonresidential recyclable material and waste from the
property on which they are generated by a hauler or recyclables broker
licensed under the Westchester County Solid Waste and Recyclables
Collection Licensing Law or by taking these materials directly to
a recyclables transfer, storage or processing location.
C.
Motor oil shall be delivered by the nonresidential waste generator
to service stations required to accept such material.
D.
Used vehicular batteries shall be delivered by the nonresidential
waste generator to retailers who are required to accept such batteries
for recycling or delivered to scrap recycling facilities which accept
used vehicular batteries for recycling.
E.
Nothing in this chapter shall be construed to prohibit private composting
of garden and yard waste by a nonresidential waste generator on the
nonresidential waste generator's own property.
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.
A.
It shall be unlawful for any person to fail to comply with any applicable
provision of this chapter or any rule, regulation or procedure promulgated
by the City of Yonkers Department of Public Works.
B.
A first violation of this chapter shall be punishable by either a
written warning or as a Class III offense. If a first violation has
been punished by a written warning, then a second violation of this
chapter within three years of the written warning shall constitute
a Class III offense.[1]
C.
Each day of a continuing violation shall constitute a separate violation
and offense subject to a separate penalty.
