Garbage — See Ch. 68.
ARTICLE IRecycling (§ 91-1 — § 91-10)
§ 91-5Waste delivery and disposal; source separation.
§ 91-6Collection of recyclables placed at curbside.
§ 91-7Authorized haulers.
§ 91-8Approval, denial, suspension or revocation of solid waste license.
§ 91-9Enforcement; penalties for offenses.
§ 91-10Promulgation of rules and regulations.
This Article shall be known as the "Solid Waste Management and Recycling Law."
The Village Board of the Village of Churchville finds that:
Removal of certain materials from the solid waste stream will decrease the flow of solid waste to landfills, aid in the conservation of valuable resources and reduce the required capacity of existing and proposed resource facilities.
The New York Solid Waste Management Act of 1988 requires that municipalities adopt a local law to require that solid waste which has been left for collection or which is delivered by the generator of such waste to a solid waste management facility shall be separated in recyclable, reusable or other components for which economic markets for alternate uses exist.
This Article is adopted pursuant to the provisions of Chapter 70 of the Laws of 1988, Title 1 of Article 27 of the Environmental Conservation Law and § 120-aa of the General Municipal Law, all as amended, to:
Institute a plan for the management of recyclable material generated or originated in the Village of Churchville to promote the safety, health and well-being of persons and property within Churchville.
Implement the express policy of the State of New York encouraging solid waste reduction through recycling.
As used in this Article, the following terms shall have the meanings indicated:
- The Solid Waste Administrator of the Village of Churchville, if one has been appointed, or the Village Mayor or such other officer or employee of the village who may, from time to time, be designated by the Village Board with the responsibility for the village's solid waste issues and programs.
- AUTHORIZED HAULER
- Any person licensed by the Village of Churchville or who is under the contract with the Village of Churchville or the county to collect and transport recyclable materials generated or originated within the Village of Churchville.
- AUTHORIZED RECYCLING FACILITY OR FACILITIES
- A permitted or specifically exempt facility or facilities for processing, reprocessing and/or recycling recyclable materials specified in any regulations promulgated pursuant to this Article. This term shall exclude incineration facilities, waste-to-energy facilities and landfills.
- A village- or county-provided blue box container with a village or county logo for recyclable materials or any other durable container for recyclable materials readily identifiable by the authorized hauler as a container for recyclable materials.
- Monroe County.
- The Mayor of the Village of Churchville.
- Any solid waste management - resource recovery facility employed beyond the initial solid waste collection process which is to be used, occupied or employed for or is incidental to the receiving, transporting, storage, processing or disposal of solid waste or the recovery by any means of any material or energy product or resource therefrom, including recycling centers, transfer stations, processing systems, resource recovery facilities, sanitary landfills, plants and facilities for composting or landspreading of solid wastes, secure land burial facilities, reprocessing and recycling facilities, surface impoundments and waste oil storage, incinerators and other solid waste disposal, reduction or conversion facilities.
Any hazardous waste as defined under the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., or hazardous substance as defined under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq., or hazardous waste as defined under New York Environmental Conservation Law § 27-0901 et seq., as each such law may be amended from time to time, and the regulations promulgated thereunder; and
Any other material which any governmental agency or unit having appropriate jurisdiction shall determine from time to time cannot be processed at the facility because it is harmful, toxic or dangerous.
- LICENSING PROGRAM
- A program or contract entered into by the village with an authorized hauler.
- OTHER RECOVERABLE MATERIAL
- Any material, substance, by-product, compound or any other item generated or originated within the village 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" does not include recyclable materials as defined herein.
- Any natural person, partnership, association, joint venture, corporation, estate, trust, association, county, city, town, village, school district, improvement district, governmental entity or other legal entity.
- RECYCLABLE MATERIAL
- Includes, but is not limited to, the following:
Aluminum. Aluminum 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 containers. New 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 cans. Containers fabricated primarily of steel or tin or bimetal cans of steel, tin and/or aluminum, but not including aluminum cans.
Plastics. Includes high-density polyethylene (HDPE), low-density polyethylene (LDPE), polystyrene and polyethylene terephthalate (PET), commonly used for soda, milk and other containers.
Boxboard. Wood-pulp-based material which is usually smooth on both sides but with no corrugated center. This term excludes material with wax coating.
Corrugated. Wood-pulp-based material which is usually smooth on both sides with a corrugated center, commonly used for boxes. This term excludes material with wax coating.
High-grade paper. White and colored office bond, duplicating paper, computer paper and other high-quality paper.
Magazines. Magazines, glossy catalogs and other glossy paper.
Newsprint. Common, inexpensive machine-finished paper made chiefly from woodpulp and used for newspapers. This term excludes magazines.
Construction and demolition debris. Material 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 appliances. Stoves, refrigerators, dishwashers, dryers, washing machines, water heaters and other large appliances and scrap metal, and excluding air conditioners, microwaves and televisions.
Wood waste. Includes logs, pallets and other wood materials.
Yard waste. Grass clippings, leaves, branches up to four inches in diameter and other like vegetative garden 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.
- SOLID WASTE
- All putrescible and nonputrescible solid wastes generated or originated within the village, including but not limited to materials or substances discarded or rejected, whether as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection or for any other reason, or which are being accumulated, stored or physically, chemically or biologically treated prior to being discarded, having served their intended use, or which are a manufacturing byproduct, including but not limited to garbage, refuse and other discarded solid materials, including solid waste materials, resulting from industrial, commercial and agricultural operations and from community activities, sludge from air or water pollution control facilities or water supply treatment facilities, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction debris and offal, but not including sewage and other highly diluted water-carried materials or substances and those in gaseous form or hazardous waste as defined in this Article.
- SOURCE SEPARATION
- The segregation of recyclable materials and other recoverable materials from solid waste at the point of generation and/or consumption for separate collection, sale or other disposition.
- The Village of Churchville.
- WASTE-STREAM REDUCTION PROGRAM
- Includes source separation, 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.
Solid waste generated or originated within the Village of Churchville which has been left for collection or which is delivered by the generator of such waste to a facility shall be disposed of as follows:
Prior to initial collection or transport, such solid waste shall be source-separated into recyclable, reusable or other components for which economic markets exist as provided in the Monroe County Solid Waste Reuse and Recycling Regulations and in this Article.
Recyclable materials shall not be commingled with other solid waste during collection, transportation or storage following collection. The Administrator or other designated official of the village may order such exceptions as she/he determines are in the public interest.
All recyclable materials generated or originated within the Village of Churchville must be delivered to an authorized recycling facility or handled through a waste stream reduction program.
No authorized recycling facility or waste stream reduction program shall receive recyclable materials generated or originated within the Village of Churchville except as permitted by law.
Disposal of solid waste which is barred from all authorized recycling facilities by rules, regulations or orders promulgated pursuant to this Article, the Monroe County Solid Waste Reuse and Recycling Law or by any other law, regulation or ordinance shall not otherwise be regulated by this Article.
No hazardous waste may be delivered to an authorized recycling facility.
Only persons who are acting under authority of the Village of Churchville or an authorized hauler shall collect, pick up, remove or cause to be collected, picked up or removed any solid waste recyclable materials so placed for collection. Each such unauthorized collection, pickup or removal shall constitute a separate violation of this Article; provided, however, that where an authorized hauler has refused to collect certain recyclable materials because they have not been separated, placed or treated in accord with the provisions of this Article or the Monroe County Solid Waste Reuse and Recycling Law, the person responsible for initially placing those materials for collection shall remove those materials from any curb, sidewalk or streetside.
Nothing herein shall prevent any person from making arrangements for the private collection, sale or donation of recyclable materials, provided that recyclable materials to be privately collected, sold or donated shall not be placed curbside at any time for collection of such recyclable materials. Any and all recyclable materials placed in a village- or county-supplied container at curbside or at any designated collection place shall immediately become the property of the county and/or village.
No individual, person, corporation or other entity shall bring into the Village of Churchville any item of solid waste which was not generated, originated or initially consumed by a resident of the Village of Churchville within the village corporate limits.
Collection license. All authorized haulers must either obtain a solid waste collection license from the Village of Churchville, if the village elects to enter into a licensing program or contract with such hauler, or be an authorized hauler under contract with the county who is operating within the corporate limits of the village by and through permission of the village.
An authorized hauler sticker shall be prominently displayed on each vehicle operated by or on behalf of the authorized hauler.
Authorized hauler applications may be denied if the applicant or licensee has been adjudged or administratively determined to have committed one or more violations of this Article during the preceding calendar year.
All authorized haulers licensed by or under contract to the Village of Churchville shall indemnify and hold harmless the Village of Churchville for any pending, threatened or actual claims, liability or expenses arising from waste disposal by the authorized hauler in violation of this Article.
Authorized haulers shall offer collection services for all recyclable materials to all residential customers for whom they provide solid waste collection services at the same times and on the same days as services are provided to their customers for solid waste collection.
Each hauler shall develop and submit for the Village of Churchville's approval a generic collection plan for collecting recyclable materials from its commercial, industrial and institutional customers, as described in the Monroe County Solid Waste Reuse and Recycling Law, Article X.A.5.
Authorized haulers shall not accept for collection solid waste which has not been source-separated in conformity with the regulations promulgated under the Monroe County Solid Waste Reuse and Recycling Law or the provisions of this Article.
In the event that the Village of Churchville elects to enter into a licensing program, the following regulations shall apply:
When the designated public official determines that a failure to comply with this Article may have occurred, he/she shall recommend to the village that the authorized hauler application or the solid waste license or contract be denied, suspended or revoked or its holder subjected to a reprimand or fine or that the generator or originator of the solid waste or recyclable materials be subject to sanctions, fines or penalties as described herein. Notice and an opportunity to be heard shall be provided prior to the denial, suspension or revocation of a solid waste license or contract or authorized hauler permit or the issuance of a sanction, fine or penalty.
The designated public official shall notify the affected generator, applicant, contracting authorized hauler or licensee of the alleged failure in writing. The notice shall include:
The notice shall be personally served or sent by registered mail to the generator, applicant or licensee's or authorized hauler's last known address at least 10 days before the hearing date, with a copy to the Administrator.
Hearings shall be held before the Town Justice within a reasonable period, which shall be at least 10 days after service of notice.
The generator, applicant, authorized hauler or licensee may be represented by counsel at the hearing and may offer evidence and cross-examine witnesses.
Within 20 days after the close of the hearing, the Town Justice shall:
Determine whether the alleged failure to comply with this law has occurred; and
If the Town Justice determines that such a failure has occurred, decide whether the generator or applicant shall be subject to fine or penalty, the application shall be denied or an existing solid waste license or authorized hauler status or contract shall be suspended or revoked or its holder subjected to a reprimand and issue an order carrying out this decision.
Determinations, decisions and orders.
Inspections. All portions of vehicles and containers used to haul, transport or dispose of recyclable materials, including such containers placed outside of residences, shall be subject to inspection to ascertain compliance with this Article and the County Solid Waste Reuse and Recycling Law and the rules, regulations or orders promulgated pursuant to the county law or this Article by any police officer, peace officer, code officer and any other public official designated by the county or Village of Churchville.
Civil sanctions. The Village of Churchville may commence a civil action to enjoin or otherwise remedy any failure to comply with this Article.
Criminal penalties. In addition to the civil sanctions provided herein, failure to comply with this Article shall be a violation as defined in § 55.10 of the Penal Law, and penalties may be imposed thereunder and/or under § 10 of the Municipal Home Rule Law.
Any penalties or damages recovered or imposed under this Article are in addition to any other remedies available at law or equity.
The village may, from time to time, promulgate such rules and regulations, by resolution of the Board of Trustees, as it deems fit for purposes of carrying out the purpose and intent of this Article.