[1]
Editor's Note: Section 7 of this ordinance
provided as follows: "There shall be established by the Commissioner
of Environmental Services a Recycling Advisory Committee which shall
be composed of representatives of the following community interests:
neighborhood organizations (with representation of both tenants and
homeowners), businesses (with representation of both large and small
businesses), landlords, institutions, private refuse handlers and
the minority community. Said Committee shall advise the Commissioner
on community concerns involving recycling and shall assist in the
development of strategies for educating the citizens of Rochester
about recycling programs and regulations."
It is the purpose of this chapter to provide
for the protection of the public health, safety and general welfare
of the people of the City of Rochester by establishing rules and regulations
governing the generation, separation, storage, collection, transportation,
processing and disposal of refuse within the City limits; regulating
residential, commercial and institutional refuse and commercial refuse
management; establishing regulations for licensure of commercial refuse
collectors; and establishing rules and regulations governing the preparation,
collection, transportation and disposal of recyclable items in accordance
with all state laws. This chapter shall be known as the "Refuse Code."
The Commissioner of Environmental Services,
in addition to other powers cited in this chapter, shall have the
authority and responsibility to:
A.Â
Enforce all provisions of applicable state and local
laws regulating residential, commercial and institutional refuse management,
commercial refuse collector licensure and recycling in the City of
Rochester.
B.Â
Provide for the orderly administration of all applicable
state and local laws regulating refuse collection and recycling in
the City of Rochester.
C.Â
Promulgate rules and regulations regarding the methods
of collection of refuse and recyclables for residential and commercial
users in the City of Rochester and rules and regulations governing
exemptions.
D.Â
Add to or delete from the list of items to be recycled
and establish rules and regulations regarding the separation, preparation,
collection, transport and disposal of recyclables in accordance with
state and local law.
E.Â
Abate any refuse-related health hazard or public nuisance and charge the property owner the cost of the abatement. Unpaid charges shall be the personal liability of the owner and shall be a lien upon the real property upon which such hazard or nuisance was found. Charges remaining unpaid 60 days after billing will be added to taxes pursuant to § 6-94 of the City Charter.
As used in this chapter, the following terms
shall have the meanings ascribed to them:
Various types and styles of containers used for refuse storage and collection. Alternate containers shall be of galvanized iron or durable, heavy-duty plastic or vinyl, shall be of substantial construction, shall have handles and tight-fitting covers, shall be watertight and vermin-resistant and shall be marked by the owner for identification by either name or street number. Alternate containers for residential use shall not exceed 36 inches in height or 28 inches in diameter nor have a capacity of more than 40 gallons. Alternate containers for commercial use may include City-issued substitute containers (dumpsters, roll-off boxes, etc.) as well as City-approved wheeled refuse carts which are compatible with City refuse-collection equipment. Containers manufactured from materials other than 16-gauge galvanized iron or durable, heavy-duty plastic or vinyl, but otherwise meeting the foregoing specifications, will be accepted for collection; however, the City accepts no liability for any damage to the containers during handling for collection. Under certain conditions set forth in § 20-12, plastic bags may be used. Metal bushel baskets may only be used for ashes. Cardboard boxes, paper barrels or paper bags are not suitable alternate containers and are prohibited for use as alternate containers.
The residue of the combustion of solid fuels.
A permitted or specifically exempt facility or facilities
for processing, reprocessing and/or recycling recyclable materials
as defined herein or listed in the rules and regulations promulgated
by the Commissioner. This term shall exclude incineration facilities,
waste-to-energy facilities and landfills.
Any and all refuse or residue resulting from building construction,
reconstruction, repair or demolition; from grading, shrubbing or other
incidental work in connection with any premises; or from replacement
of building equipment or appliances, which work is performed by the
owner or resident.
Discarded household furniture, bedding and mattresses, large
appliances, tree trimmings, hedge trimmings and other bulk household
material not specifically prohibited by this chapter which is too
large or too heavy to place in either a City-issued container or an
alternate container.
A wheeled refuse cart issued by the City to property owners
or their representatives for the sole purpose of storage, collection
and disposal of source-separated solid waste.
Containers suitable for the storage and collection of refuse
which may be substituted for a City-issued container by commercial
users in Classes C through F.
Refuse originating in and around commercial establishments,
industrial establishments and institutions.
A person engaged in the business of collection, removal,
transportation or disposal of commercial or institutional refuse or
recyclables with or without charge or payment.
The purposeful, systematic control of the generation, separation,
storage, collection, processing and disposal of commercial and institutional
refuse.
An improved parcel of land which is designed for or occupied
by a use other than a one- , two- or three-family residential use.
The Commissioner of Environmental Services of the City of
Rochester or his or her designee.
Waste resulting from the commercial operations of persons,
firms or corporations engaging in the construction, reconstruction,
demolition, excavation or repair of buildings, property or streets.
An improved parcel of land which is permitted by the Commissioner
to have a commercial container.
Animals that have died naturally or have been accidentally
killed. Animals or parts of animals from slaughterhouses are not included
in this category.
The Department of Environmental Services of the City of Rochester.
Any solid waste generated or originated within the City as
designated in the rules and regulations promulgated hereunder, which
may include but not be limited to the following:
[Added 11-17-2015 by Ord.
No. 2015-367]
COMPUTER
Laptop, desktop, tablet, and e-reader.
TELEVISION (TV)
Any television, including flat-screen.
CATHODE RAY TUBE (CRT)
Any vacuum tube containing one or more electron guns and
a fluorescent screen used to view images, with the exclusion of commercial
medical equipment that contains within it a cathode ray tube.
COMPUTER PERIPHERAL
Monitor, electronic keyboard, electronic mouse or similar
pointing device, facsimile machine, document scanner and printer (only
those intended for use with a computer and weighing less than 100
pounds).
SMALL ELECTRONIC EQUIPMENT
VCRs, digital converter recorders (DVRs), portable digital
music players, DVD players (including projectors with DVD player capabilities
intended for home use), digital converter boxes, cable or satellite
receivers (including digital media receivers), and electronic or video
game consoles (including both handheld devices and those intended
for use with a video display device), and digital picture frames (four
inches and larger).
ACCOMPANYING ITEM
Any cable, cord, or wiring accompanying a computer peripheral
or small electronic device.
A solid waste or 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, disposed or otherwise managed.
Any and all residue resulting directly from industrial or
manufacturing operations. It shall not include refuse originating
from office operations of an industrial establishment, nor shall it
include refuse resulting from the commercial operations of persons,
firms or corporations engaged in the construction of buildings, the
repairing of streets and buildings, demolition or excavation. Residue
or waste resulting from tree or landscaping services shall also be
excluded.
Includes but is not limited to human and animal surgical
wastes, blood and blood product wastes, human tissue or parts. biological
waste products and laboratory wastes which have come in contact with
pathogenic organisms generated by organizations such as medical institutions,
biological research organizations, laboratories and hospitals.
Refuse originating in and around tax-exempt hospitals and
public, charitable, philanthropic or religious institutions. All refuse
from institutions not included in this definition shall be considered
commercial refuse.
A commercial refuse and/or recyclable collector licensed in accordance with Article III hereof.
See § 69-2 of the Municipal Code.
An owner occupying premises which he or she owns or controls
or a tenant or renter of such premises.
Any material, substance, by-product, compound or any other
item generated or originated within the City 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 do not include recyclable materials as defined herein.
The owner of premises within the City or another person who
has agreed to be the owner's agent for purposes of fulfilling the
owner's obligations under this article.
Any natural person, partnership, association, joint venture,
corporation, estate, trust, association, improvement district, governmental
entity or other legal entity.
A building or group of buildings constituting a single property
and the lot or parcel of land on which such building or buildings
are located.
Any solid waste generated or originated within the City as
designated in the rules and regulations promulgated hereunder, which
may include but not be 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; bi-metal cans of steel, tin and/or aluminum, excluding aluminum cans.
PLASTICSIncludes high density polyethylene (HDPE), low density polyethylene (LDPE), polystyrene, and polyethylene terephthalate (PET). Commonly used for soda, milk and other containers.
Paper:
BOXBOARDWoodpulp-based material which is usually smooth on both sides but with no corrugated center, excluding materials with wax coating.
CORRUGATEDWoodpulp-based material which is usually smooth on both sides with a corrugated center. Commonly used for boxes. Excluding 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.
LARGE APPLIANCESStoves, refrigerators, dishwashers, dryers, washing machines, water heaters and other large appliances and scrap metal, excluding air conditioners, microwaves and televisions.
WOOD WASTEIncludes logs, pallets and other wood materials.
A City-provided recycling container for the storage and collection
of recyclable materials or any other durable container for recyclable
materials readily identifiable as a container for recyclable 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 rejected or discarded putrescible and nonputrescible
solid materials, including garbage, rubbish, ashes and dead animals,
but not including body wastes, hazardous waste, industrial waste,
infectious waste, or electronic recyclable materials.
[Amended 11-17-2015 by Ord. No. 2015-367]
Refuse originating in and around residential premises.
The purposeful, systematic control of the generation, separation,
storage, collection, transportation, processing and disposal of refuse
generated by residential users.
A structure which is designed for or occupied by a residential
use with three or fewer dwelling units.
[Amended 6-16-1992 by Ord. No. 92-246; 6-18-1996 by Ord. No. 96-203]
To physically search through any material placed out for
collection between the sidewalk and curb for the purposes of the removal
of materials.
[Amended 11-17-2015 by Ord. No. 2015-367]
The segregation of recyclables and other recoverable materials
from solid waste at the point of generation for separate collection,
sale or other disposition.
Source-separation recycling programs, changes to the portion
of the waste stream to reduce solid waste generated 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.
Owners of premises shall be responsible for
compliance with the provisions of this chapter and shall remain responsible
therefor regardless of the fact that this chapter may also place certain
responsibilities on occupants and regardless of any agreements between
owners or occupants as to which party shall assume such responsibility.
Should any section, paragraph, sentence, clause
or phrase in this chapter be declared unconstitutional or invalid
for any reason, the remainder of the chapter shall not be affected
thereby and shall remain in full force and effect, and to this end
the provisions of this chapter are declared to be severable.
