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:
CANS
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.
CARDBOARD
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.
COMMISSIONER
The Commissioner of the Department of Public Works.
CURBSIDE COLLECTION
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.
GARBAGE
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
GLASS
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.
HAZARDOUS MATERIAL or HAZARDOUS WASTE
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.
MULTIRESIDENTIAL COMPLEX
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.
NEWSPAPERS
Includes newsprint and all newspapers and newspaper advertisements,
supplements, comics and enclosures.
OTHER RECYCLABLES
Any additional item designated by the City of Cohoes Commissioner
of General Services as provided for in additional regulations promulgated
pursuant to this article.
PAPER
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.
PERSON
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.
PET STATION
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.
PLASTICS
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.
RECYCLABLE MATERIAL
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.
RECYCLABLES
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.
RECYCLING
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.
RECYCLING COLLECTION AREA
Any facility designed and operated solely for the receiving
and storing of source-separated designated recyclable materials.
RECYCLING CONTAINER
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.
RESIDENT
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.
RUBBISH
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.
SOLID WASTE
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.
SOURCE SEPARATION
The segregation of disposable materials into recyclable materials
and nonrecyclable waste at the site of the waste generator.
WASTE GENERATOR
Any person or legal entity which produces waste requiring
off-site disposal.
WASTE HAULER
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.
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.
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.
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.
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.
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.