[Adopted 6-7-1954; amended in its entirety 12-16-2015 by L.L. No. 3-2015]
The purpose of this article is to promote the health, safety
and general welfare of the Town of Penfield by regulating the disposal
of garbage, ashes, rubbish, or other waste materials.
No person shall allow accumulations of garbage, offal, or noisome
substances upon premises owned or occupied by him.
No person or business shall dump or deposit, or no property
shall be used for the dumping, or deposition of offal, garbage, ashes,
papers, refuse, rubbish or noisome substances within the Town of Penfield.
This article shall be administered by the Code Enforcement Officer
or authorized official.
A violation of any of the provisions of this article or the
refusal or failure to comply with any of the provisions thereof or
with any order issued pursuant to the provisions of this article shall
be a violation and shall subject the violator to a fine not to exceed
$500 or imprisonment for a period not to exceed 15 days, or by both
such fine and imprisonment, or to a penalty of $500 to be recovered
by the Town of Penfield in a civil action. Every day that such violation,
disobedience, omission, neglect or refusal shall continue shall be
deemed a separate offense. In addition to the remedies hereinabove
set forth, the Town Board may institute any appropriate action or
proceeding to prevent the continued violation of the provisions of
this article or of any order issued pursuant thereto.
Each and every provision of the Sanitation and Drainage Ordinance
of the Town of Penfield adopted July 1947, and the amendments thereto,
together with § 117.4 of the Building Code of the Town of
Penfield, are hereby repealed, except that this article does not repeal,
abrogate or impair conditions now existing or permits previously issued
relating to the matters covered by said repealed ordinances.
[Adopted 12-4-1991 by L.L. No. 3-1991; amended in its entirety 12-16-2015 by L.L. No. 3-2015]
The Town of Penfield 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 requires that municipalities
adopt a local law or ordinance 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, for the following purposes:
A. To institute a plan for the management of recyclable materials generated
or originated in the Town of Penfield, to promote the safety, health
and well-being of persons and property within the Town of Penfield;
and
B. To 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
Specifically, those persons authorized by Monroe County and/or
the Monroe County Department of Environmental Services 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 § 347-31A
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 recycling 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 other solid waste disposal
reduction or conversion facilities.
HAZARDOUS WASTE
A.
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
B.
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 do 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
legal entity.
RECYCLABLE MATERIALS
Include, but are 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; 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.
(3)
Wood waste: including logs, pallets and other wood materials.
(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 are being accumulated, stored,
or physically, chemically or biologically treated prior to being discarded,
have served their intended use, or 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 article.
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 date
the County Solid Waste Reuse and Recycling Local Law becomes effective
and upon the date of filing with the New York State Secretary of State,
whichever date is later.