[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:
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.
As used in this article, the following terms shall have the meanings
indicated:
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.
CONTAINER
A blue box container with a county or Town logo for recyclable materials
readily identifiable by the 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 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.
PERSON
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:
A.
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.
B.
BOXBOARDWoodpulp-based material which is usually smooth on both sides but with no corrugated center; excludes material with wax coating.
C.
CORRUGATEDWoodpulp material which is usually smooth on both sides with corrugated center and is commonly used for boxes; excludes materials with wax coating.
D.
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 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 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.
F.
MAGAZINESMagazines, glossy catalogs and other glossy paper.
G.
HIGH-GRADE PAPERWhite and colored office bond, duplicating paper, computer paper and other high-quality paper.
H.
LARGE APPLIANCESStoves, refrigerators, dishwashers, dryers, washing machines, water heaters and other large appliances and scrap metal and excluding air conditioners, microwaves and televisions.
I.
METAL CANSContainers fabricated primarily of steel or tin, or bimetal cans of steel, tin and/or aluminum, but not including aluminum cans.
J.
NEWSPRINTCommon, inexpensive machine finished paper made chiefly from woodpulp and used for newspapers. This term excludes magazines.
K.
PLASTICSIncluding high-density polyethylene (HDPE) No. 2, low-density polyethylene (LDPE) No. 4, polystyrene No. 6 and polyethylene terepthalate (PET) No. 1; commonly used for soda, milk and other containers.
L.
WOOD WASTEIncluding logs, pallets and other wood materials.
M.
YARD WASTEGrass 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 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.
TOWN
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.
Haulers shall be subject to the following requirements:
A. All authorized haulers must enter into an authorized
hauler agreement with the Town.
B. An authorized hauler sticker shall be prominently displayed
on each vehicle operated by or on behalf of the authorized hauler.
C. Each hauler shall develop and submit a generic collection
plan for Town approval for collecting recyclable materials from its commercial,
industrial and institutional customers.
D. 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.
The provisions of this article shall be effective on the same date as
the County Solid Waste Management Law becomes effective.