[Adopted 5-28-1991 by Ord. No. 30-1991; amended in its entirety 3-28-2017 by L.L. No. 6-2017]
This article shall be known as the "City of Cohoes Source Separation
Law"; its purpose is to encourage and facilitate the maximum recycling
practicable on the part of each and every household, business and
institution within the City of Cohoes. It shall further be the purpose
of the City of Cohoes Source Separation Law to establish, implement
and enforce minimum recycling-related practices and procedures to
the extent applicable to all waste generators within the City.
As used in this article, the following definitions shall apply:
Containers comprised of aluminum, tin, steel or a combination
thereof which contain or formerly contained only food and/or beverage
substance. This term excludes aerosol cans, paint cans, and metal
containers that contained hazardous liquids.
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, and which are cleaned
of contamination or food waste.
The Commissioner of the Department of Public Works.
The use of collection receptacles, including but not limited
to recycling containers, for residential, commercial, industrial and
institutional waste generators and the regular periodic transfer of
the contents of such receptacles by a recyclables collector at the
location of the waste generator.
The City of Cohoes Department of Public Works.
The transportation, placement or arrangement for transportation
or placement of designated recyclable materials for all possible end
uses to a materials recovery facility (MRF).
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Empty, washed glass jars, bottles and containers of clear,
green and amber (brown), caps removed. This term excludes ceramic,
window glass, auto glass, mirror and kitchenware.
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 may 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 Public Works.
Five or more residential units located on a single property
or continuous properties under common co-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.
Includes newsprint and all newspapers and newspaper advertisements,
supplements, comics and enclosures.
Any additional item designated by the City of Cohoes Commissioner
of General Services as provided for in additional regulations promulgated
pursuant to this article.
All high-grade office paper, fine paper, bond paper, office
paper, xerographic paper, mimeo paper, duplication paper, magazines,
paperback books, school paper, catalogs, junk mail, computer paper,
telephone books and similar cellulosic material but shall not mean
newspaper, waxpaper, plastic or foil-coated paper, styrofoam, wax-coated
food and beverage containers, carbon paper, blueprint paper, food-contaminated
paper, soiled paper and cardboard.
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.
A pet waste bag dispenser with garbage receptacle, often
mounted on a post, located on exterior property for tenants with pets
to dispose of pet waste.
All HDPE and PET-type plastics, including empty, washed,
food, beverage, detergent, bleach and hair-care containers with lids
removed. This term excludes all film, vinyl, rigid and foam plastic
materials and those which contained hazardous materials.
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 materials able to be practically separated from nonrecyclable
waste for which reuse markets can be accessed for equal to, or less
than, the cost of disposal. No material shall be excluded from this
definition solely for the purpose of maintaining the volume of waste
processed by the recycling collectors.
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.
The bin or other container approved by the City of Cohoes
or its designee for the use by eligible households within the City.
Such containers shall be used exclusively for the storage of City
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.
The segregation of disposable materials into recyclable materials
and nonrecyclable waste at the site of the waste generator.
Organic yard and garden waste, leaves, grass clippings and
brush.
Any person or legal entity which produces waste requiring
off-site disposal.
Any person or business which is licensed or contracted with
for the purpose of collecting solid waste from waste generators for
disposal at a permitted solid waste facility or a municipal department
or other governmental division responsible for collection of solid
waste from some or all waste generators in the municipality for disposal
at a permitted solid waste facility. A waste hauler may also be a
recyclables collector.
A.Â
All residents shall source separate all designated recyclables, and
prepare said recyclables for collection in accordance with regulations
promulgated by the Commissioner.
B.Â
All owners of multiresidential apartment complexes which allow pets
shall install pet stations throughout the complex in order to facilitate
removal of pet waste.
A.Â
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 nonphysically 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 complexes. 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 nonphysically 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 bins where applicable in recycling collection areas pursuant to § 239-26 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
the City 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 the City's recycling program
within 180 days of such inclusion in the City's recycling program.
B.Â
Designated recyclables for the mandatory commercial, industrial and
institutional source separation program shall 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 ordinance 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 (the "generator") or the person
contractually obligated to the generator to arrange for collection
and disposal of its solid waste.
Vegetative yard waste must be placed in biodegradable paper
bags or acceptable biodegradable containers, and not in City recyclables
containers or other permanent containers. Nothing in this article
shall be construed as preventing any person from utilizing vegetative
yard waste for compost, mulch or other agricultural horticultural,
gardening or landscaping purposes.
The Department of Public Works is authorized to enforce the
provisions of this article and to administer the recycling programs
established herein. The Commissioner of said Department 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 rules or regulations
promulgated by the Commissioner of the Department of Public Works.
(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.
The Department of Public Works 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.
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 $250
and not less than $25, or any combination of the above penalties.
A.Â
In addition to any other remedy provided herein, the City of Cohoes
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.
If any part of this article is found to be illegal by a court
of competent jurisdiction, the remaining parts hereof shall remain
in full force and effect.
