[HISTORY: Adopted by the Town Board of the Town of Mendon
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-12-1991 (Ch. 165, Art. I, of the 1994 Code)]
This article shall be known as the "Solid Waste Management Ordinance."
The Town of Mendon 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,[1] to:
A.
Institute a plan for the management of recyclable materials generated
or originated in the Town of Mendon, to promote the safety, health
and well-being of persons and property within said Town; and
B.
Implement the express policy of the State of New York encouraging
solid waste reduction through recycling.
[1]
Editor's Note: See § 120-w of the General Municipal
Law and § 27-0101 et seq. of the Environmental Conservation
Law, respectively.
As used in this article, the following terms shall have the
meanings indicated:
The Solid Waste Administrator of Monroe County.
Any person licensed by the municipality under contract with
the county to collect and transport recyclable materials generated
or originated within the county.
A permitted facility or facilities for processing recyclable
materials specified in the rules and regulations promulgated pursuant
to the County of Monroe Solid Waste Reuse and Recycling Local Law
of 1991 and any amendments thereto. This term shall exclude incinerating
facilities, waste-to-energy facilities and landfills.
A county-provided blue box container or a like container
with a county logo for recyclable materials or any other durable container
for recyclable materials readily identifiable by the hauler as a container
for recyclable materials.
The County of Monroe.
The County Executive of Monroe County.
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, transportation,
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.
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.
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.
Any natural person, partnership, association, joint venture,
corporation, estate, trust, association, county, city, town, village,
improvement district, governmental entity or other legal entity.
Include but are not limited to the following:
ALUMINUMAluminum products and containers fabricated primarily of aluminum and commonly used for soda, beer, beverages or other food or drink products and other aluminum products.
BOXBOARDWoodpulp-based material which is usually smooth on both sides but with no corrugated center; excludes material with wax coating.
CORRUGATEDWoodpulp-based material which is usually smooth on both sides with a corrugated center and commonly used for boxes; excludes material with wax coating.
CONSTRUCTION AND DEMOLITION DEBRISMaterial 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 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.
GLASS BOTTLESNew 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.
MAGAZINESMagazines, glossy catalogs and other glossy paper.
HIGH-GRADE PAPERWhite and colored office bond, duplicating paper, computer paper and other high-quality paper.
LARGE APPLIANCESStoves, refrigerators, dishwashers, dryers, washing machines, water heaters and other large appliances and scrap metal, and excluding air conditioners, microwaves and televisions.
METAL CANSContainers fabricated primarily of steel or tin or bimetal cans of steel, tin and/or aluminum, but not including aluminum cans.
NEWSPRINTCommon, inexpensive machine-finished paper made chiefly from woodpulp and used for newspapers. This term excludes magazines.
PLASTICSIncludes high-density polyethylene (HDPE), low-density polyethylene (LDPE), polystyrene and polyethylene terephthalate (PET); commonly used for soda, milk and other containers.
WOOD WASTEIncludes logs, pallets and other wood materials.
YARD WASTEGrass clippings, leaves, branches up to four inches in diameter and other like vegetable garden materials.
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.
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, 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.
The segregation of recyclable materials and other recoverable
materials from solid waste at the point of generation for separate
collection, sale or other disposition.
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.
A.
Solid waste generated or originated within the Town of Mendon, outside
the Village of Honeoye Falls, which has been left for collection or
which is delivered by the generator of such waste to a solid waste
management facility shall be disposed of as follows:
(1)
Prior to initial collection or transport, such solid waste shall
be source-separated into recyclable, reusable or other components
for which economic markets exist as provided in the rules and regulations
promulgated hereunder.
(2)
Recyclable materials shall not be commingled with other solid waste
during collection, transportation or storage following collection.
The Town of Mendon may order such exceptions as it determines are
in the public interest.
(3)
All recyclable materials generated or originated within the Town
of Mendon, outside the Village of Honeoye Falls, must be delivered
to an authorized recycling facility or handled through a waste stream
reduction program.
(4)
No authorized recycling facility or waste stream reduction program
shall receive recyclable materials generated or originated within
the Town of Mendon, outside the Village of Honeoye Falls, except as
permitted by law.
B.
Disposal of solid waste which is barred from all authorized facilities
by rules, regulations or orders promulgated pursuant to the County
of Monroe Solid Reuse and Recycling Local Law of 1991 and any amendments
thereto or any other law, regulation or ordinance shall not be regulated
by this article.
C.
No hazardous waste may be delivered to an authorized recycling facility.
A.
Only persons who are acting under the authority of the county or
an authorized hauler shall collect, pick up, remove or cause to be
collected, picked up or removed any solid waste recyclable materials
so placed for collection; each such unauthorized collection, pick
up or removal shall constitute a separate violation of this article;
provided, however, that where the county or an authorized hauler has
refused to collect certain recyclable materials because they have
not been separated, placed or treated in accord with the provisions
of this article, the person responsible for initially placing those
materials for collection may and shall remove those materials from
any curb, sidewalk or streetside.
B.
Nothing herein shall prevent any person from making arrangements
for the private collection, sale or donation of recyclable materials,
provided that recyclable materials to be privately collected, sold
or donated shall not be placed curbside on or immediately preceding
the day for collection of such recyclable materials. Any and all recyclable
materials placed in a county-supplied container at curbside or any
designated collection place shall immediately become the property
of the county.
The following regulations shall apply:
A.
All authorized haulers must enter into an authorized hauler contract
with the county.
B.
An authorized hauler sticker shall be prominently displayed on each
vehicle operated by or on behalf of the authorized hauler.
C.
Authorized hauler applications may be denied if the applicant or
licensee has been adjudged or administratively determined to have
committed one or more violations of this article during the preceding
calendar year.
D.
All authorized haulers licensed shall defend, indemnify and hold
harmless the Town of Mendon from any pending, threatened or actual
claims, liability or expenses arising from waste disposal by the authorized
hauler in violation of this article.
E.
Authorized haulers shall offer collection services for all recyclable
materials to all residential customers for whom they provide solid
waste collection services at the same times and on the same days as
services are provided to their customers for solid waste collection.
F.
Each hauler shall develop and submit for county approval a generic
collection plan for collecting recyclable materials from its commercial,
industrial and institutional customers.
G.
Authorized haulers shall not accept for collection solid waste which
has not been source-separated in conformity with the regulations promulgated
under Monroe County's Solid Waste Management Local Law.
A.
Inspections and appearance tickets.
(1)
All portions of vehicles and containers used to haul, transport or
dispose of recyclable materials, including such containers placed
outside of residences, shall be subject to inspection to ascertain
compliance with this article, the County Solid Waste Management Law
and the rules, regulations or orders promulgated pursuant to the county
law by any police officer, peace officer, Code Enforcement Officer
and any other public official designated by the county or the Town
of Mendon.
(2)
Police officers, peace officers, Code Enforcement Officers and the
specified public servants are hereby authorized and directed to issue
appearance tickets for violations of this article.
B.
Penalties.
(1)
Civil sanctions. The Town of Mendon may commence a civil action to
enjoin or otherwise remedy any failure to comply with this article.
(2)
Criminal penalties. In addition to the civil sanctions provided herein, failure to comply with this article or the rules and regulations promulgated hereunder shall be a violation as defined in § 55.10 of the Penal Law and shall be subject to penalties as provided in Chapter 9, Penalties and Enforcement, of the Town Code.
(3)
Any penalties or damages recovered or imposed under this article
are in addition to any other remedies available at law or equity.
(4)
No penalties, fines, civil sanctions or other enforcement actions
will be commenced prior to June 1, 1992, in order to permit persons
regulated hereunder to come into compliance with this article.
This article is effective throughout the Town of Mendon, outside
the Village of Honeoye Falls.
[Adopted 10-22-2001 by L.L. No. 10-2001 (Ch. 136 of the 1994
Code)]
It is hereby declared and found that litter deposited in the
Town of Mendon causes unsightly conditions and is a health, fire and
safety hazard and pollutant; that litter cleanup is costly to the
Town; that litter is a matter affecting the public interest and consequently
should be subject to supervision and control for the purpose of safeguarding
the public health, safety and general welfare of the people of the
Town of Mendon.
No person shall throw, drop, put or place or, having accidentally
dropped, fail to pick up any bag, bottle, bottlecap, box, can, container,
garbage, paper, wrapper or any other trash or litter in or upon any
public park, place, playground, cemetery, street, sidewalk, building
or upon private property, except in receptacles provided for such
purposes.
No person shall throw, put or place or cause to be thrown, put
or placed any snow or ice into any public highway, street, public
place or thoroughfare in the Town.
A.
No person shall sweep, throw or deposit or cause to be swept, thrown
or deposited any ashes, dirt, stone, brick, leaves, grass, weeds or
any other debris or rubbish of any kind or any water or liquid of
any kind except for purposes of cleansing the same into any public
highway, street, gutter or public place or on any sidewalk within
the Town.
B.
This section shall not apply to water or liquids running into streets
as a result of fire fighting or flushing of fire hydrants by authorized
personnel.
No truck or other motor vehicle or trailer or other mode of
conveyance shall be operated or loaded in such a manner that any part
or portion of its load, whether sand, gravel, stone, dirt, rubbish,
paper, boxes, trash or other material, shall be dropped, blown or
caused to fall or drop upon any public highway, street, public place,
or thoroughfare or private property in the Town.
[Amended 10-15-2018 by L.L. No. 3-2018]
Any person, firm, company or corporation who or which shall violate any of the provisions of this article shall be guilty of an offense punishable by the maximum fine and/or imprisonment permitted by Chapter 9, Penalties and Enforcement, of the Town Code; and, in addition, may be ordered to pay all costs and expenses involved in the case. Every such person, firm, company or corporation shall be deemed guilty of a separate offense for each day such violation shall continue.
