[Adopted 8-21-1991 by L.L. No. 3-1991]
This Part 2 shall be known as the "Solid Waste Management Local Law."
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.
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.
As used in this Part 2, the following terms shall have the meanings indicated:
The Solid Waste Administrator of Monroe County.
Any person licensed by the municipality under contract with
the county to collect and transport recyclable materials generated
or originated within the county.
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.
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.
Monroe County.
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 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.
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
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.
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.
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.
Includes but is not limited to the following:
CONTAINERS:
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.
GLASS FOOD AND BEVERAGE CONTAINERSNew 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.
METAL CANSContainers fabricated primarily of steel or tin or bimetal cans of steel, tin and/or aluminum, but not including aluminum cans.
PLASTICSIncludes high-density polyethylene (HDPE), low-density polyethylene (LDPE), polystyrene and polyethylene terephthalate (PET), commonly used for milk and other containers.
Paper:
BOXBOARDWoodpulp-based material which is usually smooth on both sides but with no corrugated center; excludes material with wax coating.
CORRUGATEDWoodpulp-based material which is usually smooth on both sides with corrugated center, commonly used for boxes; excludes material with wax coating.
HIGH-GRADE PAPERWhite and colored office bond, duplicating paper, computer paper and other high-quality paper.
MAGAZINESMagazines, glossy catalogs and other glossy paper.
NEWSPRINTCommon, inexpensive machine-finished paper made chiefly from woodpulp and used for newspapers. This term excludes magazines.
Other:
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.
HOUSEHOLD APPLIANCESStoves, 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]
WOOD WASTEIncludes logs, pallets and other wood materials.
YARD WASTEGrass clippings, leaves, branches up to four inches in diameter and other like vegetative garden materials.
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.
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]
The segregation of recyclable materials and other recoverable
materials from solid waste at the point of generation for separate
collection, sale or other disposition.
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.
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.
C.
No hazardous waste may be delivered to an authorized
recycling facility.
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.
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.
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:
(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:
(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.
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.
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.
The provisions of this Part 2 shall be effective on the same date as the County Solid Waste Reuse and Recycling Law becomes effective.
