[HISTORY: Adopted by the Board of Trustees of the Village
of Livonia as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-11-1992 by L.L. No. 1-1992]
A.
The New York Solid Waste Management Act of 1988 requires all municipalities
to adopt a local law or ordinance by September 1, 1992, requiring
separation of recyclable and reusable material from solid waste.
B.
This article is enacted to encourage and facilitate the recycling
practicable on the part of every household, business and institution
within the Village, and thereby protect the health, safety and welfare
of the people of the Village.
C.
The Village declares that the purpose of this article is to establish
and implement recycling-related practices and procedures to be applicable
to all waste generators within the Village.
As used in this article, the following terms shall have the
following meanings:
Any business, governmental agency, municipality or other
nonresidential generator of solid waste requiring off-site disposal.
Livingston County, New York, or any authorized county agency.
A private or publicly operated facility to which recyclables
can be delivered.
A private or public facility for receiving source-separated
recyclable materials and processing them into marketable commodities.
Any material designated as such by the county, provided that
such material is not hazardous and can be reasonably separated from
the solid waste stream and held for material recycling or reuse value.
County rules and regulations adopted by the county pertaining
to the separation, collection, transportation and disposal of recyclables,
as may be amended from time to time by the county.
Any person or household which produces solid waste requiring
off-site disposal.
All putrescible and nonputrescible solid waste, including
but not limited to materials or substances discarded or rejected as
being spent, useless, worthless, or in excess to owners at the time
of such discard or rejection, or are being accumulated, stored or
physically, chemically or biologically treated prior to being discarded
or rejected, having served their intended use, or as industrial, commercial
and agricultural waste, sludges 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, special
nuclear or by-product material within the meaning of the Atomic Energy
Act of 1954, as amended, or waste which appears on the list or satisfies
the characteristics of hazardous waste promulgated by the Commissioner
of the Department of Environmental Conservation.
The segregation of recyclables from the solid waste stream
at the point of generation for separate collection, sale or other
disposition.
This Article I.
A commercial waste generator or a residential waste generator.
All persons engaged in the commercial collection, transportation
and/or disposal of solid waste and/or recyclables generated, originated
or brought within the county.
The Village of Livonia, Livonia, New York.
A.
Each commercial and residential waste generator in the Village shall
source-separate recyclables from solid waste.
B.
Each waste generator in the Village shall provide for the removal
of recyclables from the property on which they are generated either
through a service provided by the Village, a private hauler or by
direct haul by the individual waste generator to a disposal location
permitted by law.
C.
Nothing in this Article is intended to prevent any waste generator
from making arrangements for the reuse, private collection, sale or
donation of recyclables.
D.
Each waste generator shall source-separate recyclables in conformance
with the recycling rules and regulations.
A.
All waste haulers doing business in the Village shall offer or cause
to be offered to their customers collection, transportation and disposal
services for recyclables in the same manner as such waste hauler offers
collection, transportation and disposal services for solid waste.
Unless otherwise provided in the recycling rules and regulations,
such services shall be provided on the same day(s) as solid waste
pickup, transportation or disposal services are provided.
B.
All waste haulers shall offer a per-bag fee system to promote reduction
of solid waste.
C.
Waste haulers are required to take recyclables to a materials recovery
facility where such materials are recycled.
D.
Waste haulers are required to follow the requirements of the recycling
rules and regulations.
This Article shall be primarily administered by the Village.
The county shall be primarily responsible for the development and
implementation of the recycling rules and regulations.
[Added 5-27-1998 by L.L.
No. 6-1998]
Any person or persons, firm or corporation, who or which shall
violate any provisions of this Article shall be guilty of an offense
punishable by a fine not exceeding $250 or imprisonment for a period
not exceeding 15 days, or both. Each days' continued violation
shall constitute a separate offense.
