Town of Henrietta, NY Part 2 Solid Waste Management

[Adopted 8-21-1991 by L.L. No. 3-1991]

Article IV Recycling [1]

[1] Editor’s Note: Former Art. IV, Enforcement, adopted as part of Part 1, was repealed 11-1-2017 by L.L. No. 9-2017. (See now Part 4, Enforcement.) This local law also redesignated former Arts. V and VI as Arts. IV and V and renumbered former §§ 234-13 through 234-26 as §§ 234-12 through 234-25.

§ 234-12 Title.

This Part 2 shall be known as the "Solid Waste Management Local Law."

§ 234-13 Findings.

The Town Board of the Town of Henrietta 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.

§ 234-14 Purpose.

This Part 2 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,[1] in order to:

A. Institute a plan for the management of recyclable materials generated or originated in the Town of Henrietta to promote the safety, health and well-being of persons and property within the Town of Henrietta.

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

[1] Editor's Note: These enactments revised portions of the General Municipal Law and the Environmental Conservation Law. See particularly General Municipal Law § 120-w and Environmental Conservation Law § 27-0101 et seq.

§ 234-15 Definitions.

As used in this Part 2, the following terms shall have the meanings indicated:

ADMINISTRATOR

The Solid Waste Administrator of Monroe County.

AUTHORIZED HAULER

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

AUTHORIZED RECYCLING FACILITY OR FACILITIES

A permitted or specifically exempt facility or facilities for processing, reprocessing and/or recycling recyclable materials specified in the regulations promulgated pursuant to Section V(A) of the Monroe County Solid Waste Reuse and Recycling Local Law. This term shall exclude incineration 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 authorized hauler as a container for recycling materials.

COUNTY

Monroe County.

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 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

A. Any hazardous waste as defined under the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., or a 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

B. 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.

OTHER RECOVERABLE MATERIALS

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. "Other recoverable materials" does not include recyclable materials as defined herein.

PERSON

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

RECYCLABLE MATERIAL

Includes but is not limited to the following:

A. CONTAINERS:

(1) 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.

(2) GLASS FOOD AND BEVERAGE CONTAINERS New 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.

(3) METAL CANS Containers fabricated primarily of steel or tin or bimetal cans of steel, tin and/or aluminum, but not including aluminum cans.

(4) PLASTICS Includes high-density polyethylene (HDPE), low-density polyethylene (LDPE), polystyrene and polyethylene terephthalate (PET), commonly used for milk and other containers.

B. Paper:

(1) BOXBOARD Woodpulp-based material which is usually smooth on both sides but with no corrugated center; excludes material with wax coating.

(2) CORRUGATED Woodpulp-based material which is usually smooth on both sides with corrugated center, commonly used for boxes; excludes material with wax coating.

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

(4) MAGAZINES Magazines, glossy catalogs and other glossy paper.

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

C. Other:

(1) 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.

(2) HOUSEHOLD APPLIANCES Stoves, dishwashers, dryers, washing machines, water heaters and other appliances and scrap metal; refrigerators, microwave ovens and televisions may incur an additional charge as approved by the Town Board.

[Amended 6-20-2001 by L.L. No. 3-2001]

(3) WOOD WASTE Includes logs, pallets and other wood materials.

(4) 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 which 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, refuse, 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 Part 2.

[Amended 6-20-2001 by L.L. No. 3-2001]

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.

§ 234-16 Waste delivery and disposal; source separation.

A. Solid waste generated or originated within the Town of Henrietta which has been left for collection or which is delivered by the generator of such waste to a 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 Monroe County Solid Waste Reuse and Recycling Regulations.

(2) Recyclable materials shall not be commingled with other solid waste during collection, transportation or storage following collection. The Town of Henrietta may order such exceptions as it determines are in the public interest.

(3) All recyclable materials generated or originated within the Town of Henrietta 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 originated within the Town of Henrietta except as permitted by law.

B. Disposal of solid waste which is barred from all authorized recycling facilities by rules, regulations or orders promulgated pursuant to this Part 2, the Monroe County Solid Waste Reuse and Recycling Law or by any other law, regulation or ordinance shall not otherwise be regulated by this Part 2.

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

§ 234-17 Collection of recyclables placed at curbside.

A. Only persons who are acting under 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 Part 2; 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 Part 2 or the Monroe County Solid Waste Reuse and Recycling Law, 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.

§ 234-18 Authorized haulers; license to collect.

A. All authorized haulers must obtain a solid waste collection license from the Town of Henrietta and 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 Part 2 during the preceding calendar year.

D. All authorized haulers licensed by the Town of Henrietta indemnify and hold harmless the Town of Henrietta for any pending, threatened or actual claims, liability or expenses arising from waste disposal by the authorized hauler in violation of this Part 2.

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 as described in Monroe County Solid Waste Reuse and Recycling Law, Article X.A.5.

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 Reuse and Recycling Law.

§ 234-19 Approval, denial, suspension or revocation of license.

A. When the designated public official determines that a failure to comply with this Part 2 may have occurred, she/he shall recommend to the municipality that the authorized hauler application or the solid waste license be denied, suspended or revoked or its holder subjected to a reprimand or fine or that the generator or originator of the solid waste or recyclable materials be subject to sanctions, fines or penalties as described herein. Notice and an opportunity to be heard shall be provided prior to the denial, suspension or revocation of a solid waste license or authorized hauler permit or the issuance of a sanction, fine or penalty.

B. Notice.

(1) The designated public official shall notify the affected generator, applicant or licensee of the alleged failure in writing. The notice shall include:

(a) A statement of the condition allegedly violated, referring to the pertinent ordinance, law, rule or regulation.

(b) A short and plain statement of the alleged misconduct.

(c) A statement of the time, place and nature of the hearing.

(2) 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.

C. Hearing.

(1) Hearings shall be held before the Town Justice within a reasonable period, which shall be at least 10 days after service of notice.

(2) The generator, applicant or licensee may be represented by counsel at the hearing and may offer evidence and cross-examine witnesses.

(3) Within 20 days after the close of the hearing, the Town Justice shall:

(a) Determine whether the alleged failure to comply with this Part 2 has occurred; and

(b) 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 or revoked or its holder subjected to a reprimand and issue an order carrying out this decision.

D. Determinations, decisions and orders.

(1) Disposition may be made by stipulation, agreed settlement, consent order, default or other informal method.

(2) The Town Justice shall promptly notify the applicant or licensee, in writing, of the final determination, decision or order.

§ 234-20 Enforcement; penalties for offenses.

A. Inspections and appearance tickets.

(1) 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 Part 2, the County Solid Waste Reuse and Recycling Law and the rules, regulations or orders promulgated pursuant to the county law by any police officer, peace officer, code officer and any other public official designated by the county or municipality.

(2) Police officers, peace officers, code officers and the specified public servants are hereby authorized and directed to issue appearance tickets for violations of this Part 2.

B. Penalties.

[Amended 3-4-1992; 6-20-2001 by L.L. No. 3-2001]

(1) Civil sanctions. The Town of Henrietta may commence a civil action to enjoin or otherwise remedy any failure to comply with this Part 2.

(2) Criminal penalties. In addition to the civil sanctions provided herein, failure to comply with this Part 2 shall be a violation as defined in § 55.10 of the Penal Law, and penalties may be imposed thereunder and/or under § 10 of the Municipal Home Rule Law. More particularly, a violation of this Part 2 or any section or provision thereof shall be an offense and, upon conviction thereof, shall be punishable by a minimum fine of $100 up to a maximum fine of $250 or imprisonment for not more than 15 days, or by both such fine and imprisonment. Each day's continued violation, after notice of violation from the Town of Henrietta, shall constitute a separate and additional violation. These penalties shall be in addition to the other remedies of the Town Board provided by this Part 2.

(3) Any penalties or damages recovered or imposed under this Part 2 are in addition to any other remedies available at law or equity.

§ 234-21 When effective.

The provisions of this Part 2 shall be effective on the same date as the County Solid Waste Reuse and Recycling Law becomes effective.