[Amended 11-30-1987 by Ord. No. 87-75; 10-17-1988 by Ord. No. 88-85; 5-1-1989 by Ord. No. 89-46; 10-2-1989 by Ord. No. 89-68; 4-16-1990 by Ord. No. 90-26; 8-31-1992 by Ord. No. 92-34]
A.
General purpose.
(1)
In order to facilitate the findings stated in Article I, solid waste shall be separated into categories of waste. Broad categories include but are not limited to:
(2)
Solid waste separation shall be performed at its source
or where the solid waste was generated. This applies to solid waste
which is brought to the City of Schenectady's waste transfer facility
and to solid waste which is left for a private hauler to collect at
any point within the City. Solid waste shall be source-separated even
if it is picked up by a private hauler who takes it to one or more
locations outside the City for disposal.
B.
Recyclable rubbish. Recyclable rubbish, also called
recyclables, shall be source-separated into the following categories:
(1)
Glass.
(2)
Plastic.
(3)
Metal cans.
(4)
Newspapers.
(5)
Corrugated cardboard.
(6)
Magazines.
(7)
Kraft paper or brown paper bags.
(8)
Scrap metal.
(9)
White goods.
(10)
Tires.
(11)
Yard waste.
(12)
Milk and juice containers and juice boxes.
[Added 6-20-1994 by Ord. No. 94-19]
(13)
Junk mail.
[Added 6-20-1994 by Ord. No. 94-19]
C.
Yard waste. Yard waste shall be set out for curbside
pickup on the regularly scheduled collection day. Yard waste must
be placed in paper biodegradable yard waste bags. Branches, no greater
than three inches in diameter, must be cut in lengths no greater than
four feet and tied in bundles easy for one man to lift.
D.
White goods; dumpsters.
(1)
White goods shall be prepared by dismantling them
in such a way that they will not be a hazard to the public. In this
respect, lockable and latchable doors shall be removed before the
item is placed at curbside for disposal. The items covered by this
section shall be placed curbside for collection on the regularly scheduled
solid waste collection day.
(2)
All dumpsters used for the deposit of waste must meet
the approval of the Department of Waste Collection and Disposal and
shall be made according to the demand of the particular establishment
to avoid overflow of such containers and the creation of a resultant
unsanitary condition.
[Added 8-31-1992 by Ord. No. 92-38]
(3)
Dumpsters
placed on public roadways or in the City right-of-way shall be subject
to review by the Utilities Department and the Department of Engineering
to verify the placement of the dumpster. The placement shall not inhibit
public safety. Once approved by the Utilities Department and the Department
of Engineering, a dumpster permit shall be issued for a fee of $25
paid to the Finance Department.
[Added 12-27-2010 by Ord. No. 2010-20]
E.
Recycling containers. Residents will be required to
provide recycling containers specified by regulation. Decals will
be provided by the City identifying the contents of such containers.
F.
Ownership of recyclables, It shall be a violation
of this chapter for any person to collect, pick up, remove or cause
to be collected, picked up or removed any recyclables placed for collection
without the permission of the person who so deposited and placed the
recyclable or without registering with the City of Schenectady. Each
collection, pick up or collection from each place shall constitute
a separate and distinct offense in violation of this chapter. A person
may dispose of his recyclables by selling or donating them directly
to recyclers, but these shall not have been placed at the curbside
for collection.
G.
Secondary markets for recyclables.
(1)
Source-separated solid waste shall be kept separate
during all subsequent handling.
(2)
Contracts with secondary markets should state that
the recyclables shall not be burned nor landfilled nor transferred
to another party which will burn or landfill them. Recyclables shall
be recycled or remanufactured.
H.
Garbage and nonrecyclable rubbish.
(1)
Each person shall purchase and use clear or translucent
refuse bags for the disposal of garbage and nonrecyclable rubbish.
(2)
Garbage and nonrecyclable refuse shall not be placed
at the curb for pickup unless it is in a clear or translucent refuse
bag. Refuse placed in a dumpster or trash can must be first placed
in a translucent or clear refuse bag. There is one exception to this
requirement:
(a)
There are items of garbage and nonrecyclable
rubbish which are not appropriate to place in or which do not fit
into a refuse bag. These items should be taken to the waste transfer
station for disposal or the Department of Solid Waste should be called
for instruction.
(3)
It shall be a violation of this chapter for any person
to place for collection any garbage or nonrecyclable rubbish which
contains any recyclable.
(4)
Persons who utilize the transfer facility for disposal
of nonrecyclable rubbish shall be required to obtain an annual permit
from the City of Schenectady. The Director of Solid Waste shall have
the authority to refuse to accept any garbage or nonrecyclable rubbish
from a person who brings it to the transfer facility in a nonpermitted
vehicle.
(5)
The Director of Solid Waste shall have the authority
to refuse to accept any garbage or nonrecyclable rubbish hauled to
the transfer facility if the garbage or nonrecyclable rubbish contains
mandated recyclables.
I.
Storage of waste not permitted. It shall be a violation
of this chapter for any person to store excessive quantities of solid
waste on any property in the City, except by permit from the City.
Containers for waste shall be stored in a convenient location at grade
or basement level in the residence, commercial establishment or property
appurtenant thereto. Solid waste and recyclable material shall be
stored in tightly covered containers out of sight when possible. Solid
waste and debris shall not be stored on open porch areas or areas
visible to the public. Solid waste supervisors are authorized to determine
proper storage locations, the sufficiency of containers and the curbside
location where solid waste material may be placed for collection.
[Amended 2-24-2003 by Ord. No. 2003-3]
J.
Preventing scattering or littering. No person shall transport solid waste on any street, avenue, lane or highway in the City except in vehicles or trailers which prevent loss of any solid waste by the use of suitable covering. Solid waste generated at one location in the City shall not be placed for collection at any noncontiguous location in the City. Solid waste generated outside of the City shall not be transported to any location within the City for waste collection. Violation of this section shall also be deemed as littering and may, in addition to any other penalty, be prosecuted as a violation of § 192-15 of the Code.
[Amended 2-24-2003 by Ord. No. 2003-3]
K.
Contract collectors.
(1)
A contract hauler shall not collect in the City any
solid waste component without having registered his operation and
any vehicles used in the City for purposes of collection. Recyclers
operating in the City shall also register their operation. There may
be a fee for registration.
(2)
Registration shall be done with the Director of Solid
Waste on a form which requests the following information:
(a)
The name, address and telephone number of the
business.
(b)
The name, address and telephone number of the
owner(s) of the business.
(c)
Identification of each vehicle which is to be
registered.
(d)
A description of the business operation.
(e)
The signature of a principal officer of the
business.
(3)
The application for registration shall contain the
following statements above the signature line:
|
"I certify that the information given above
is correct. I certify that only source-separated solid waste will
be collected and that each source-separated waste will be kept separate
and delivered to a secondary materials facility. I certify that any
recyclable solid waste collected in the City of Schenectady shall
not be burned or landfilled. I certify that household hazardous waste
shall not be knowingly collected or transported. I understand that
the penalty for violation of these certifications or the City of Schenectady
Recycling Law is the loss of the privilege of collecting any solid
waste in the City."
|
(4)
A registration shall be renewed annually and it shall
expire on the 31st of December of the year for which it was issued.
A registration shall not be transferred, assigned or allowed to be
used by another person. No person shall use a registration issued
to another person.
L.
Promulgation of rules and regulations.
(1)
Adopting and amending. From time to time, the City
shall adopt and promulgate, amend and repeal such regulations as,
in its discretion, are necessary and desirable to carry out, interpret
and enforce the intent and purposes of this chapter and the effective
operation of the recycling efforts provided in this chapter.
(2)
Effective date. Any regulation adopted, promulgated,
amended or repealed under this chapter shall take effect 30 days after
being established by the City or 15 days after being published in
the official local newspaper, whichever is the later date.
M.
Penalties for offenses.
N.
Penalties for offenses by private property owners
and occupants.
[Amended 4-11-1994 by Ord. No. 94-08; 5-23-1994 by L.L. No. 4-1994; 6-20-1994 by Ord. No. 94-19]
(1)
There shall be a grace period of 90 days following
the implementation date of this chapter, November 15, 1992, when there
shall only be verbal and written warnings issued to violators of this
chapter.
(2)
Issuance of ticket; authorized officers.
(a)
Following the grace period, offenses shall be
punishable by issuance of tickets bearing the amount of fine similar
to those issued to traffic law violators.
(3)
Penalties.
[Amended 7-11-2005 by Ord. No. 2005-8[1]]
(a)
Each offense shall be punishable by a fine or
public service in accordance with the following schedule:
[1]
For the first conviction, by a fine in the sum
of $250.
[2]
For the second conviction within one year, by
a fine in the sum of $500.
[3]
For the third conviction within one year, by
a fine in the sum of $750.
[4]
For the fourth conviction within one year, by
a fine in the sum of $1,000.
[5]
For any further convictions within one year,
by a fine in the sum of $1,500 and by a period of incarceration of
at least 15 but not more than 30 days.
(b)
The penalties herein prescribed shall not bar
the prosecution of any other waste-related offense applicable to the
conduct of the offender as may be proscribed elsewhere in this City
Code.
[1]
Editor’s Note: This ordinance also provided
that these penalties shall be of full force and effect 30 days following
the adoption of this subsection.
(4)
Recovery of costs. The City shall enforce and/or take necessary steps to abate violations of this Article II of Chapter 161 and the City's rules and regulations as embodied in the City's current recycling brochure as they apply to waste collection for private properties and the City's cost shall be paid out of the municipal treasury on certification of the Director of Solid Waste, and such costs shall be billed to the owner of the land from where the garbage and refuse emanate, and if not paid within 60 days, said bill shall be charged against the land from where the garbage and refuse emanate as a municipal lien or cause such cost to be added to the tax rolls as an assessment or to be levied as a special tax against the land from which the garbage or refuse emanated or be recovered in a suit at law against the owner responsible for the proper compliance with Article II of Chapter 161.
O.
Penalties for offenses by contract haulers and recyclers.
(1)
Any contract hauler or recycler operating in the City
without registration shall be guilty of a violation of this chapter
and shall be punishable by a fine of not less than $1,000 nor more
than $5,000. Each calendar day that such violation occurs or continues
shall constitute a separate offense. Each registered vehicle shall
be considered separately.
(2)
Should a registered business lose its privilege of
collecting solid waste in the City because of violation of this chapter,
its privilege may be reinstated with the posting of a performance
bond in the amount of not less than $1,000 nor more than $5,000 for
one year, which bond is returnable after a year. Additional bonds
shall be required if there are further violations.
(3)
The bond shall be deposited into an interest-bearing
escrow account. The interest shall become the property of the City.
When the total number of bonds exceeds 50 or the principal in the
escrow exceeds $50,000, the earliest bonds shall be forfeited to the
City to reduce the total number to 50 or the total principal to $50,000.
P.
Intermunicipal agreements.
(1)
The City may enter into formal arrangements with adjacent
towns or villages or cities to accept their solid waste, provided
that the towns, villages or cities have enacted a law as restrictive
or more restrictive than this chapter and that the enacted law is
compatible in all ways with this chapter.
(2)
Each intermunicipal agreement shall consider prior
agreements with other municipalities and shall consider disposal fees
and distribution of income generated from sale to secondary markets.
Q.
Government Operations Committee.
[Amended 2-26-1996 by Ord. No. 96-16]
(1)
The City's Government Operations Committee shall provide
guidance and advice to the Department of Solid Waste. The Government
Operations Committee may formulate modifications to this chapter and
to the regulations and provide guidance and assistance to the Director
of Solid Waste and to the Recycling Coordinator.
(2)
The Department of Solid Waste shall solicit the input
of the Government Operations Committee for any proposed changes to
this chapter and the regulations.
(3)
The Government Operations Committee meetings shall
be open to the public for full discussion of all issues. Each meeting
shall be publicly announced at least two weeks in advance, and an
agenda shall be available at least two days in advance.
R.
Effective date. This chapter shall take effect on
September 1, 1992, and shall be implemented on November 15, 1992.
During this period and before, there shall be an intensive program
of public notification and education.
S.
Collection of solid waste materials by the City of Schenectady. Only solid waste material generated from a private residence is eligible for City collection. City collection rules and regulations as to acceptable and unacceptable materials, preparation requirements, limitations, restrictions, and other applicable rules are published in the City of Schenectady Solid Waste and Recycling Brochure pursuant to § 161-4L.
[Added 2-24-2003 by Ord. No. 2003-3]
