[Added 11-19-1990]
The Common Council of the City of Albany finds
that the reduction of the amount of solid waste and the conservation
of recyclable materials are important public concerns. The separation
and collection of newspaper, paper, cardboard, glass, cans, plastic
containers, vegetative yard waste and other materials for recycling
from the residential, commercial, industrial and institutional establishments
in the City will protect and enhance the City's physical and visual
environment, as well as promote the health, safety and well-being
of persons and property within the City by minimizing the potential
adverse effects of landfilling through reduction of the need for landfills
and conservation of existing landfill capacity, facilitating the implementation
and operation of other forms of solid waste management, conserving
natural resources, ensuring conformance with the New York State Solid
Waste Management Plan and facilitating the implementation of a solid
waste management plan for the City as a whole. The promotion and use
of recyclable materials, goods produced from recyclable materials
and goods which facilitate recycling will further serve the same purpose
by encouraging and facilitating recycling.
As used in this article, the following definitions
shall have the meanings indicated:
Containers comprised of aluminum, tin, steel or a combination
thereof which contain or formerly contained only food and/or beverage
substances.
All corrugated cardboard normally used for packing, mailing,
shipping of containerizing goods, merchandise or other material, but
shall not mean wax-coated or soiled cardboard (i.e., pizza boxes).
[Amended 12-20-2004 by Ord. No. 38.121.04]
The Commissioner of the Department of General Services.
[Amended 5-4-1998 by Ord. No. 28.42.98; 12-20-2004 by Ord. No. 38.121.04]
The City of Albany Department of General Services.
[Amended 12-20-2004 by Ord. No. 38.121.04]
The transportation, placement or arrangement for transportation
or placement of designated recyclable materials for all possible end
uses to the City of Albany ANSWERS facility.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
All clear (flint), green and brown (amber) colored glass
containers.
A solid waste or a combination of solid wastes which, because
of its quantity, concentration or physical, chemical or infectious
characteristics, may cause or significantly contribute to an increase
in mortality or an increase in serious irreversible or incapacitating
reversible illness; or pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported or disposed of or otherwise managed. Such materials or
wastes shall include, but are not limited to, explosives, hazardous
radioactive materials, toxic substances and those substances which
the Commissioner has identified as a hazardous waste pursuant to the
above criteria and has included on a list of hazardous waste promulgated
by the Department of General Services.
[Amended 12-20-2004 by Ord. No. 38.121.04]
Five or more residential units located on a single property
or continuous properties under common ownership, control or management.
For this purpose, "residential unit" shall mean an enclosed space
consisting of one or more rooms designed for use as a separate residence
and shall include, but not be limited to, an apartment, condominium
unit, townhouse cooperative unit, mobile home, living unit in a group
home and room or set of rooms in a boardinghouse but shall not include
rooms within a single-family residence, motel or hotel.
Newsprint and all newspapers and newspaper advertisements,
supplements, comics and enclosures.
All high-grade office paper, fine paper, bond paper, office
paper, xerographic paper, mimeo paper, duplication paper, magazines,
paperback book, school paper, catalogs, junk mail, computer paper,
telephone books and similar cellulosic material, but shall not mean
wax paper, plastic or foil-coated paper, styrofoam, wax-coated food
and beverage containers, carbon paper, blueprint paper, food-contaminated
paper, soiled paper and cardboard.
[Amended 12-20-2004 by Ord. No. 38.121.04]
Any individual, firm, partnership, company, corporation,
association, joint venture, cooperative enterprise, trust, municipality
or other governmental agency or any other entity or any group of such
persons which is recognized by law as the subject of rights and duties.
In any provisions of this article prescribing a fine, penalty or imprisonment,
the term "person" shall include the officers, directors, partners,
managers or persons in charge of a company, corporation or other legal
entity having officers, directors, partners, managers or other persons
in charge.
Containers composed of high-density polyethylenes, polyethylene
terephthalate or other specific plastics as the City may designate.
A material, which would otherwise become solid waste, which
can be collected, separated and/or processed, treated, reclaimed,
used or reused to produce a raw material or product.
Those recyclable materials designated by this article and/or
by determination of the Commissioner to be source-separated. The term
includes, but is not limited to, newspaper, glass, paper, cardboard,
cans, plastic containers and vegetative yard waste.
Any process by which materials, which would otherwise become
solid waste, are collected, separated and/or processed, treated, reclaimed,
used or reused to produce a raw material or product.
Any facility designed and operated solely for the receiving
and storing of source-separated designated recyclable materials.
Any person residing within the City on a temporary or permanent
basis, but excluding persons residing in hotels or motels. For purposes
of this article, "resident" does not include commercial, industrial
or institutional establishments.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, including but not limited to nonrecyclable
paper, wrappings, cigarettes, wood, wires, glass, bedding, furniture
and similar materials which are not designated recyclable materials.
All putrescible and nonputrescible materials or substances
discarded or rejected as having served their original intended use
or as being spent, useless, worthless or in excess to the owner at
the time of such discard or rejection, including garbage, refuse,
litter, rubbish and industrial waste but not including designated
recyclable materials, solid or dissolved matter in domestic sewage
or substances, materials in noncontainerized gaseous form or hazardous
materials or waste.
To separate recyclable materials from the solid waste stream
at the point of waste generation.
Organic yard and garden waste, leaves, grass clippings and
brush.
All designated recyclables placed for collection or at another location by residents for collection pursuant to the curbside programs established pursuant to Article I of this chapter shall be prepared for collection in accordance with regulations promulgated by the Commissioner.
A.Â
In any area designated by the Commissioner of this
chapter, there is also established a program ("private collection
program") for the source separation, collection and delivery of newspaper
and any other designated recyclable material included in the curbside
program from all non-physically-disabled residents of multiresidential
complexes.
B.Â
The owner, manager or superintendent of every multiresidential complex subject to Subsection A above shall provide and maintain, in a neat and sanitary condition, recycling collection areas to receive newspaper and other designated recyclables included in the curbside program which are generated by residents of the complex. In cases where a condominium, cooperative, homeowner or similar association exists, the association shall be responsible for provision and maintenance of the recycling collection areas. Said recycling collection areas shall be constructed and capable of receiving newspaper and other designated recyclables within 180 days of such inclusion into the curbside program.
C.Â
Once the recycling collection area for a particular
multiresidential complex has been constructed and is capable of receiving
newspaper and other designated recyclables as may be included in or
added to the curbside program, all non-physically-disabled residents
of such complex shall source-separate such materials by placing them
in the appropriate containers or areas within the collection area.
D.Â
The owner, manager or superintendent of each multiresidential complex subject to Subsection A above shall arrange for the collection for recycling of newspaper and other designated recyclables from the recycling collection areas.
E.Â
The number and design of the recycling collection
areas required by this section for each multiresidential complex shall
be consistent with guidelines provided by the Commissioner.
Designated recyclables required to be placed in recycling collection areas pursuant to § 313-14 of this article shall be prepared for collection in accordance with regulations promulgated by the Commissioner.
A.Â
All commercial, industrial and institutional establishments
within an area of the City subject to a curbside program established
pursuant to regulation of the Commissioner shall source-separate and
arrange for the collection for recycling of newspaper and any and
all other designated recyclables as may be included in or added to
such curbside program within 180 days of such inclusion in the curbside
program.
B.Â
Designated recyclables for the mandatory commercial,
industrial and institutional source separation program may consist
of the following materials:
(1)Â
Newspaper.
(2)Â
High-grade paper, including but not limited to white
letterhead paper, white bond paper, white typing paper, white copier
paper, white notepad paper, white writing paper, white envelopes without
glassine windows, other nonglossy white office paper without plastic,
computer printout paper, computer tab cards and white onionskin paper.
(3)Â
Corrugated cardboard.
(4)Â
Glass containers, plastic containers and cans generated
by food and beverage service establishments.
(5)Â
Vegetative yard waste.
(6)Â
Other recyclable materials as designated by resolution
of the City at all times 30 days after said designation and publication
of notice in an official newspaper of the City or a newspaper of general
circulation within the City.
C.Â
The arrangement for collection of designated recyclables
for disposition hereunder shall be the responsibility of the person
who owns, manages or operates the commercial, industrial or institutional
establishment at which the recyclables are generated ("generator")
or the person contractually obligated to the generator to arrange
for collection and disposal of its solid waste.
Nothing in this article shall be construed as
preventing any person from utilizing vegetative yard waste for compost,
mulch or other agricultural, horticultural, silvicultural, gardening
or landscaping purposes.
[Amended 12-20-2004 by Ord. No. 38.121.04]
The Department of General Services is authorized
to enforce the provisions of this article and to administer the recycling
programs established herein. The Commissioner may adopt and promulgate,
amend and repeal rules and regulations implementing this article in
order to carry out and effectuate the intent and purposes thereof.
A.Â
It shall be unlawful for:
(1)Â
Any person, other than those persons so authorized,
to collect any designated recyclable which has been placed at the
roadside for collection or within a recycling collection area pursuant
to this article.
(2)Â
Any person to violate or to cause to assist in the
violation of any provision of this article or any implementing rule
or regulation promulgated by the Commissioner.
[Amended 5-4-1998 by Ord. No. 28.42.98; 12-20-2004 by Ord. No. 38.121.04]
(3)Â
Any person to place or to cause to be placed any material
other than a designated recyclable in or near a recycling collection
area.
B.Â
All unlawful conduct set forth in this section shall
constitute a violation.
[Amended 12-20-2004 by Ord. No. 38.121.04]
The Department of General Services may refuse
to collect solid waste from any person who has clearly failed to source-separate
recyclables designated under an applicable section of this article
at any solid waste disposal facility owned or operated by the City.
A.Â
Nothing contained in this article shall be construed
to interfere with or in any way modify the provisions of any existing
contract in force in the City on the effective date of this article.
B.Â
No renewal of any existing contract upon the expiration
of the original term thereof and no new contract for the collection,
transportation, processing or purchase of solid waste or recyclables
shall be entered into after the effective date of this article, unless
renewal of such contract shall conform to the requirements of this
article.
[Amended 12-5-2005 by Ord. No. 73.112.05; 5-19-2008 by Ord. No. 25.42.08]
Any person who engages in unlawful conduct as
defined in this article may, upon conviction thereof, in a proceeding
before a court of competent jurisdiction, be sentenced to imprisonment
for a term not to exceed 15 days or to a term of community service
related to the purposes of this article or to pay a fine of not more
than $325 and not less than $25, or any combination of the above penalties,
including all associated court costs.
A.Â
In addition to any other remedy provided herein, the
City of Albany may institute a suit in equity where unlawful conduct
exists for an injunction to restrain a violation of this article.
B.Â
The penalties and remedies prescribed by this article
shall be deemed concurrent. The existence or exercise of any remedy
shall not prevent the City from exercising any other remedy provided
herein or otherwise provided at law or equity.
C.Â
The terms and provisions of this article are to be
liberally construed, so as best to achieve and effectuate the goals
and purposes hereof.
A.Â
The provisions of this article are severable. If any
provision of this article or its application to any person or circumstances
is held invalid, said invalidity shall not affect any other provision
or application which can be given effect without the invalid provision
or application of the article.
B.Â
All provisions of any other local law or ordinance
which are inconsistent with the provisions of this article are hereby
repealed.
[1]
Editor's Note: Former § 313-25,
Effective date, was repealed 12-20-2004 by Ord. No. 38.121.04.
