[HISTORY: Adopted by the Town Board of the Town of Perinton: Art. I, 7-24-1991 by L.L. No. 5-1991 (Ch. 82 of the 1976 Code). Amendments noted where applicable.]
[Adopted 7-24-1991 by L.L. No. 5-1991 (Ch. 82 of the 1976 Code)]
This article shall be known as the "Recycling Law of the Town of Perinton."
The Town Board finds that:
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.
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.
Editor's Note: See § 120-aa of the General Municipal Law.
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:
To institute a plan for the management of recyclable materials generated or originated in the Town, to promote the safety, health and well-being of persons and property within the Town.
Editor's Note: See § 120-w of the General Municipal Law and § 27-0103 et seq. of the Environmental Conservation Law.
It is the Town's ultimate goal to recycle all of the items defined in this article as recyclable materials; however, the Town recognizes this can occur only as the appropriate facilities become available. Therefore, the recyclable materials which are mandated for pickup shall be set forth in the authorized haulers contract.
As used in this article, the following terms shall have the meanings indicated:
- The Solid Waste Administrator of Monroe County.
- AUTHORIZED HAULER
- Any person licensed or authorized by the Town to collect and transport recyclable materials generated or originated within the Town.
- AUTHORIZED RECYCLING FACILITY OR FACILITIES
- A permitted facility or facilities for processing recyclable materials specified in the rules and regulations promulgated pursuant to this article. This term shall exclude incinerating facilities, waste-to-energy facilities and landfills.
- A blue box container with a county or Town logo for recyclable materials readily identifiable by the hauler as a container for recycling 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, 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 waste, 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 materials 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 Town 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 therein.
- Any natural person, partnership, association, joint venture, corporation, estate, trust, association, county, city, Town, village, improvement district, governmental entity, school district or other legal entity.
- RECYCLABLE MATERIALS
- Includes but is not limited to the following:
- 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 Town, 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.
- The Town of Perinton.
- 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.
Solid waste generated or originated within the Town 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:
Prior to initial collection or transport, such solid waste shall be source-separated by any person into recyclable, reusable or other components for which economic markets exist.
Recyclable materials shall not be commingled with other solid waste during collection, transportation or storage following collection. The Town may order such exceptions as it determines are in the public interest.
All recyclable materials generated or originated within the Town must be delivered to an authorized recycling facility or handled through a waste stream reduction program.
No authorized recycling facility or waste stream reduction program shall receive recyclable materials generated or originated within the Town except as permitted by law.
Disposal of solid waste which is barred from all authorized facilities by rules, regulations or orders promulgated pursuant to Monroe County's Solid Waste Management Local Law or this article or by any other law, regulation or ordinance shall not otherwise be regulated by this article.
No hazardous waste may be delivered to an authorized recycling facility.
No facility other than an authorized recycling facility shall accept for disposal recyclable materials which have been source-separated.
Only persons who are acting under authority of the Town or an authorized hauler shall collect, pick up, remove or cause to be collected, picked up or removed, any solid waste recyclable materials placed in or adjacent to a container for collection. Each such unauthorized collection, pickup or removal shall constitute a separate violation of this article. However, where the county, Town 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 street side.
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 Town- or county-supplied container at curbside or at any designated collection place shall immediately become the property of the county or Town.
Haulers shall be subject to the following requirements:
All authorized haulers must enter into an authorized hauler agreement with the Town.
An authorized hauler sticker shall be prominently displayed on each vehicle operated by or on behalf of the authorized hauler.
Each hauler shall develop and submit a generic collection plan for Town approval for collecting recyclable materials from its commercial, industrial and institutional customers.
Haulers shall report to the Town the delivery of any solid waste to a collection site which has not been source-separated in conformity with this article.
When the Code Enforcement Officer determines that a failure to comply with this article may have occurred he shall recommend to the county or to the Town that the authorized hauler application be denied or the solid waste license be suspended, revoked or its holder subjected to a reprimand or that the generator or originator of the solid waste or recyclable materials be subject to sanctions or penalties as described herein.
The Code Enforcement Officer shall notify the affected generator, applicant or licensee of the alleged failure in writing.
The notice shall be personally served or sent by registered mail to the generator, applicant or licensee's last known address, at least 10 days before the hearing date, with a copy to the Administrator.
Hearings shall be held before the Town Justice within a reasonable period, which shall be at least 10 days after service of notice.
The generator, applicant or licensee may be represented by counsel at the hearing, and may offer evidence and cross-examine witnesses.
Within 20 days after the close of the hearing, the Town Justice shall:
Determine whether the alleged failure to comply with this article has occurred; and
If the Town Justice determines that such a failure has occurred, decide whether the generator or applicant shall be subject to fine or penalty, the application shall be denied or an existing solid waste license or authorized hauler status be suspended, revoked or its holder subjected to a reprimand, and issue an order carrying out this decision.
Inspections and appearance tickets.
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 by any police officer or the Code Enforcement Officer of the Town to ascertain compliance with this article, the County Solid Waste Management Law and the rules, regulations or orders promulgated pursuant to the county law.
Police officers and the Code Enforcement Officer are hereby authorized and directed to issue appearance tickets for violations of this article.
The Town may commence a civil action to enjoin or otherwise remedy any failure to comply with this article.
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 penalties may be imposed thereunder. Appeal may be taken by the aggrieved party in the same way as an appeal of a violation under Penal Law § 55.10.
Any penalties or damages recovered or imposed under this article are in addition to any other remedies available at law or equity.
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.