[Adopted 11-25-1941; amended in its entirety 11-19-1991 by Ord. No. 91-499]
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:
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.
Provide for the orderly administration of all applicable state and local laws regulating refuse collection and recycling in the City of Rochester.
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.
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.
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:
- ALTERNATE CONTAINERS
- 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.
- AUTHORIZED RECYCLING FACILITY
- 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.
- BUILDING REFUSE
- 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.
- BULK REFUSE
- 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.
- CITY-ISSUED 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.
- COMMERCIAL CONTAINER
- 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.
- COMMERCIAL REFUSE
- Refuse originating in and around commercial establishments, industrial establishments and institutions.
- COMMERCIAL REFUSE AND/OR RECYCLABLE COLLECTOR
- 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.
- COMMERCIAL REFUSE MANAGEMENT
- The purposeful, systematic control of the generation, separation, storage, collection, processing and disposal of commercial and institutional refuse.
- COMMERCIAL USER
- 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.
- CONSTRUCTION WASTE
- 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.
- CONTAINER USER
- An improved parcel of land which is permitted by the Commissioner to have a commercial container.
- DEAD ANIMALS
- 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.
- ELECTRONIC RECYCLABLE MATERIALS
- 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]
- HAZARDOUS WASTE
- 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.
- INDUSTRIAL WASTE
- 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.
- INFECTIOUS WASTE
- 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.
- INSTITUTIONAL REFUSE
- 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.
- LICENSED COMMERCIAL REFUSE AND/OR RECYCLABLE COLLECTOR
- A commercial refuse and/or recyclable collector licensed in accordance with Article III hereof.
- An owner occupying premises which he or she owns or controls or a tenant or renter of such premises.
- OTHER RECOVERABLE MATERIALS
- 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.
- RECYCLABLE MATERIAL
- 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:
- RECYCLING CONTAINER
- 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.
- 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.
- 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]
- RESIDENTIAL REFUSE
- Refuse originating in and around residential premises.
- RESIDENTIAL REFUSE MANAGEMENT
- The purposeful, systematic control of the generation, separation, storage, collection, transportation, processing and disposal of refuse generated by residential users.
- RESIDENTIAL USER
- 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]
- SOURCE SEPARATION
- The segregation of recyclables and other recoverable materials from solid waste at the point of generation for separate collection, sale or other disposition.
- WASTE STREAM REDUCTION PROGRAM
- 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.