Town of Pittsford, NY Chapter 125 Solid Waste

[HISTORY: Adopted by the Town Board of the Town of Pittsford 7-21-1992 as Ch. 14, Art. III, of the 1992 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Brush, grass and weeds — See Ch. 62.

Unsafe buildings — See Ch. 70.

§ 125-1 Findings.

The Town of Pittsford 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.

§ 125-2 Purpose.

This chapter 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:

A. To institute a plan for the management of recyclable materials generated or originated in the Town of Pittsford outside the boundaries of the Village of Pittsford to promote the safety, health and well-being of persons and property within said town; and

B. To implement the express policy of the State of New York encouraging solid waste reduction through recycling.

§ 125-3 Definitions.

For the purposes of this chapter, the following words and terms shall have the meaning ascribed thereto:

ADMINISTRATOR

The Solid Waste Administrator of Monroe County.

AUTHORIZED HAULER

Any person licensed by the municipality or under contract with the county to collect and transport recyclable materials generated or originated within the county.

AUTHORIZED RECYCLING FACILITY OR FACILITIES

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.

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 hauler as a container for recycling materials.

COUNTY

The County of Monroe.

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 land-spreading 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

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.

PERSON

Any natural person, partnership, association, joint venture, corporation, estate, trust, county, city, town, village, improvement district, governmental entity or other legal entity.

RECOVERABLE MATERIALS, OTHER

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. The term recoverable materials does not include recyclable materials as defined herein.

[Amended 12-1-1992 by L.L. No. 18-1992]

RECYCLABLE MATERIALS — Includes, but is not limited to the following

A. 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.

B. BOXBOARD Woodpulp-based material which is usually smooth on both sides but with no corrugated center, excluding material with wax coating.

C. CORRUGATED Woodpulp-based material which is usually smooth on both sides with a corrugated center. Commonly used for boxes, excluding material with wax coating.

D. 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.

E. GLASS BOTTLES New and used glass food and beverage containers which have been rinsed and are free from 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.

F. MAGAZINES Magazines, glossy catalogs and other glossy paper.

G. HIGH-GRADE PAPER White and colored office bond, duplicating paper, computer paper and other high-quality paper.

H. LARGE APPLIANCES Stoves, refrigerators, dishwashers, dryers, washing machines, water heaters and other large appliances and scrap metal and excluding air conditioners, microwaves and televisions.

I. METAL CANS Containers fabricated primarily of steel or tin or bi-metal cans of steel, tin and/or aluminum, but not including aluminum cans.

J. NEWSPRINT Common, inexpensive machine-finished paper made chiefly from woodpulp and used for newspapers. This term excludes magazines.

K. PLASTICS Includes high-density polyethylene (HDPE), low-density polyethylene (LDPE), polystyrene and polyethylene terepthalate (PET). Commonly used for soda, milk and other containers.

L. WOOD WASTE Includes logs, pallets and other wood materials.

M. 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 chapter.

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.

§ 125-4 Source separation required; disposal.

A. Solid waste generated or originating within the Town of Pittsford 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 Pittsford may order such exceptions as it determines are in the public interest.

(3) All recyclable materials generated or originating within the Town of Pittsford 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 originating within the Town of Pittsford, 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 Waste Reuse and Recycling Local Law of 1991, and any amendments thereto, or by any other law, regulations or ordinance shall not otherwise be regulated by this chapter.

C. No hazardous waste may be delivered to an authorized recycling facility.

§ 125-5 Curbside recyclables collection; placement.

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 chapter; 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 chapter, the person responsible for initially placing those materials for collection may and shall remove those materials from any curb, sidewalk or street side.

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 at any designated collection place shall immediately become the property of the county.

§ 125-6 Authorized haulers.

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 chapter during the preceding calendar year.

D. All authorized haulers shall defend, indemnify and hold harmless the Town of Pittsford from any pending, threatened or actual claims, liability or expenses arising from waste disposal by the authorized hauler in violation of this chapter.

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.

§ 125-7 Inspections and appearance tickets.

A. 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 chapter, 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 municipality.

B. 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 chapter.

§ 125-8 Penalties for offenses.

A. Civil sanctions. The Town of Pittsford may commence a civil action to enjoin or otherwise remedy any failure to comply with this chapter.

B. Criminal penalties. In addition to the civil sanctions provided herein, failure to comply with this chapter or the rules and regulations promulgated hereunder shall be a violation as defined in § 55.10 of the Penal Law, and penalties may be imposed thereunder with a maximum fine of $250.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. Any penalties or damages recovered or imposed under this chapter are in addition to any other remedies available at law or equity.

D. 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 chapter.