[HISTORY: Adopted by the Town Board of the Town of Brighton: Art. I, 9-11-1991 as L.L. No. 4-1991; Art. II, at time of adoption of Code 1-24-1996 by L.L. No. 1-1996 (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 94.
[Adopted 9-11-1991 as L.L. No. 4-1991]
The Town Board of the Town of Brighton finds that:
A. 
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.
B. 
The New York Solid Waste Management Act of 1988 requires that municipalities adopt a local law or ordinance by September 1, 1992, 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 into recyclable, reusable or other components for which economic markets for alternate uses exist.
A. 
This Article is adopted pursuant to Chapter 541 of the Laws of 1976, as amended,[1] and Chapter 552 of the Laws of 1980 of the State of New York, as amended for the following purposes:
(1) 
To participate in a coordinated plan for the management of recyclable materials generated or originated in the Town of Brighton and to promote the safety, health and well-being of persons and property within the Town of Brighton.
(2) 
To help implement the express policy of the State of New York encouraging solid waste reduction through recycling.
[1]
Editor's Note: See § 120-w of the General Municipal Law.
B. 
It is the ultimate goal of the Town of Brighton to provide for the recycling of all materials defined in this Article as "recyclable materials"; however, the town recognizes that this can occur only as appropriate facilities to accommodate, process and market the same become available.
[Amended 1-24-1996 by L.L. No. 1-1996]
For the purposes of this Article, these terms shall have the following meanings:
ADMINISTRATION
The Solid Waste Administrator of Monroe County.
AUTHORIZED RECYCLING FACILITY OR FACILITIES
A permitted facility or facilities for processing recyclable materials specified in the rules and regulations of Monroe County. This term shall include the town landfill, at which brush and limbs are chipped and recycled.
[Amended 1-24-1996 by L.L. No. 1-1996]
CODE ENFORCEMENT OFFICER
A Monroe County Sheriff's Deputy or any other public official as may be designated by the town.
[Amended 1-24-1996 by L.L. No. 1-1996]
CONTAINER
A blue box container with a county or town logo for recyclable materials or any other durable container for recyclable materials readily identifiable by the hauler as a container for recycling materials.
COUNTY
The County of Monroe.
EXECUTIVE
The County Executive of Monroe County.
FACILITY
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.
HAULER
Any person under contract with the property owner for the regular collection of solid waste generated or originated within the town.
[Amended 1-24-1996 by L.L. No. 1-1996]
HAZARDOUS WASTE
Any hazardous waste as defined under 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.
OTHER RECOVERABLE MATERIALS
Any material, substance, by-product, compound or any other item generated or originated within the town 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.
PERSON
Any natural person, partnership, association, joint venture, corporation, estate, trust, county, city, town, village, improvement district, governmental entity or other legal entity.
RECYCLABLE MATERIALS
[Amended 1-24-1996 by L.L. No. 1-1996]
As designated by the county pursuant to its Source Separation Law and as approved by resolution of the Town Board, and may include but are not limited to the following:
A. 
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.
B. 
BOXBOARDWood-pulp-based material which is usually smooth on both sides but with no corrugated center; excludes material with wax coating.
C. 
CORRUGATEDWood-pulp-based material which is usually smooth on both sides with a corrugated center, commonly used for boxes; excludes material with wax coating.
D. 
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.
E. 
GLASS BOTTLESNew 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.
F. 
MAGAZINESMagazines, glossy catalogs and other glossy paper.
G. 
HIGH-GRADE PAPERWhite and colored office bond, duplicating paper, computer paper and other high-quality paper.
H. 
LARGE APPLIANCESStoves, refrigerators, dishwashers, dryers, washing machines, water heaters and other large appliances and scrap metal, and excluding air conditioners, microwaves and televisions.
I. 
METAL CANSContainers fabricated primarily of steel or tin or bimetal cans of steel, tin and/or aluminum, but not including aluminum cans.
J. 
NEWSPRINTCommon, inexpensive machine-finished paper made chiefly from wood pulp and used for newspapers. This term excludes magazines.
K. 
PLASTICSInclude high-density polyethylene (HDPE), low-density polyethylene (LDPE), polystyrene and polyethylene terepthalate (PET); commonly used for soda, milk and other containers.
L. 
WOOD WASTEIncludes logs, pallets and other wood materials.
M. 
YARD WASTEGrass clippings, leaves, branches up to four (4) 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 town, 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 being accumulated, stored or physically, chemically or biologically treated prior to being discarded or which have served their intended use or are a manufacturing by-product, 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 for separate collection, sale or other disposition.
TOWN
The Town of Brighton, Monroe County, New York.
WASTE STREAM REDUCTION PROGRAM
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.
A. 
Solid waste generated or originated within the town which has been left for collection or which is delivered by the generator of such waste to a solid waste management facility shall be disposed of as follows:
(1) 
Prior to initial collection or transport, such solid waste shall be source-separated into recyclable materials, reusable or other components and nonrecyclable materials.
[Amended 1-24-1996 by L.L. No. 1-1996]
(2) 
Recyclable materials shall not be commingled with other solid waste during collection, transportation or storage following collection. The town may order such exceptions as it determines are in the public interest.
(3) 
All recyclable materials generated or originated within the town must be delivered to an authorized recycling facility or handled through a waste stream reduction program.
[Amended 1-24-1996 by L.L. No. 1-1996]
B. 
Disposal of solid waste which is barred from all authorized facilities by rules, regulations or orders promulgated pursuant to Monroe County's Solid Waste Reuse and Recycling Local Law or this Article, if any, or by any other law, regulation or ordinance shall not otherwise be regulated by this Article.
C. 
No hazardous waste may be delivered to an authorized recycling facility.
D. 
No facility other than an authorized recycling facility shall accept for disposal recyclable materials which have been source-separated.
A. 
Only persons who are acting under authority of the county or town or a hauler shall collect, pick up, remove or cause to be collected, picked up or removed any recyclable materials so placed in or adjacent to a container for collection. Each such unauthorized collection, pickup or removal shall constitute a separate violation of this Article; provided, however, that where the county, town or a 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, the person responsible for initially placing those materials for collection may and shall remove those materials from any curb, sidewalk or streetside.
[Amended 1-24-1996 by L.L. No. 1-1996]
B. 
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 on or immediately preceding the day for collection of such recyclable materials. Any and all recyclable materials placed in a county or town-supplied container at curbside or at any designated collection place shall immediately become the property of the county or town.
[Amended 1-24-1996 by L.L. No. 1-1996]
Haulers shall be subject to the following requirements:
A. 
All haulers authorized by the county or town shall indemnify and hold harmless the town for any pending, threatened or actual claims, liability or expenses arising from waste disposal by the hauler in violation of this Article.
B. 
Haulers shall offer collection services for such designated 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.
C. 
Haulers shall report to the county the delivery of any solid waste to a collection site which has not been source-separated in conformity with this Article.
A. 
When a Code Enforcement Officer determines that a failure to comply with this Article may have occurred, the Code Enforcement Officer shall recommend to the county or town that the solid waste authority or license be suspended or revoked or its holder subjected to a reprimand or that the generator or originator of the solid waste or recyclable materials be subject to sanctions or penalties as described herein.
[Amended 1-24-1996 by L.L. No. 1-1996]
B. 
Notice.
(1) 
The Code Enforcement Officer shall notify the affected generator, applicant or hauler of the alleged failure in writing. The notice shall include:
(a) 
A statement of the time, place and nature of the hearing.
(b) 
A statement of the condition allegedly violated, referring to the pertinent law, rule or regulation.
(c) 
A short and plain statement of the alleged misconduct.
(2) 
The notice shall be personally served or sent, by registered or certified mail, to the generator, applicant or hauler's last known address at least ten (10) days before the hearing date, with a copy to the Administrator.
C. 
Hearing.
(1) 
Hearings shall be held before the Town Justice within a reasonable period, which shall be at least ten (10) days after service of notice.
(2) 
The generator, applicant or hauler may be represented by counsel at the hearing and may offer evidence and cross-examine witnesses.
(3) 
Within twenty (20) days after the close of the hearing, the Town Justice shall determine whether the alleged failure to comply with this Article 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 hauler status be suspended or revoked or its holder subjected to a reprimand and issue an order carrying out this decision.
D. 
Determinations, decisions and orders.
(1) 
Disposition may be made by stipulation, agreed settlement, consent order, default or other informal method.
(2) 
The Town Justice shall promptly notify the applicant, hauler or licensee, in writing, of the final determination, decision or order.
A. 
Inspections and appearance tickets.
(1) 
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 by any code enforcement officer to ascertain compliance with this Article, the County Solid Waste Management Law and the rules, regulations or orders promulgated pursuant to the county law.
(2) 
Code enforcement officers are hereby authorized to issue appearance tickets for violations of this Article.
B. 
Penalties.
(1) 
The town may commence a civil action to enjoin or otherwise remedy any failure to comply with this Article.
(2) 
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. Appeal may be taken by an aggrieved person in the same manner as provided by law for an appeal from any civil or criminal determination of the Town Justice Court as the case may be.
(3) 
Any penalties or damages recovered or imposed under this Article are in addition to any other remedies available at law or equity.
(4) 
No penalties, fines, civil sanctions or other enforcement actions will be commenced prior to June 1, 1992, in order to permit persons regulated hereunder to come into compliance with this Article.
The provisions of this Article shall be effective on the same date as the County Solid Waste Management Local Law becomes effective.
[Adopted 1-24-1996 by L.L. No. 1-1996]
The Town Board of the Town of Brighton finds it necessary to the preservation of the health, safety, good conduct and appearance of the town and the convenience and financial well-being of the citizenry to regulate the use of the solid waste management facility at 444 Browncroft Boulevard. These rules and regulations are intended to maintain prompt, efficient, clean and courteous service in the use of the solid waste management facility.
The solid waste management facility shall be open on such days and times as the Town Board shall provide by resolution, which dates and times shall be posted at the entrance to the solid waste management facility. No person shall deposit waste, garbage or refuse at any other day or time than as provided herein.
Only that solid waste as is generated in the Town of Brighton, permitted by resolution of the Town Board and which is not prohibited by the New York State Department of Environmental Conservation (NYSDEC) or the United States Environmental Protection Agency (USEPA) regulation shall be accepted. Upon request of the landfill custodian or his or her designee, a person shall provide evidence, satisfactory to the custodian, that the waste was generated in the Town of Brighton. No such waste shall be accepted which contains burning or smoldering substances, and no such waste shall be deposited at the landfill.
No person shall deposit or cause to be deposited any garbage or rubbish or any substance of any kind upon the dumping grounds, except at the places and in the manner directed by the landfill custodian under authority of the Town Board, whether such direction is given personally or by another person by his or her authority or by sign or signs erected upon the premises by authority of the Town Board of the Town of Brighton.
A. 
No person, firm or corporation who has not secured permission to do the same pursuant to the Code of the Town of Brighton shall deposit waste of any kind at the solid waste management facility.
B. 
No person shall deposit waste at the solid waste management facility without first having received permission from the custodian in the form of an annual permit issued by the custodian for each vehicle authorized to enter and to dump. Permission shall be evidenced by sticker on bumper.
C. 
The Town Board may hereafter provide by resolution for rates to be charged for the annual permit, and no person shall deposit waste in the solid waste management facility without paying the Town Clerk for such permit.
No person shall deposit waste in the solid waste management facility, except in conformity with these rules and regulations, and no person shall engage in conduct adversely affecting the quiet, efficient operation of the solid waste management facility.
The Commissioner of Public Works shall be the landfill custodian. The Town Board may make such rules and regulations which are not inconsistent with these and which are necessary to the efficient operation of the solid waste management facility. Such rules shall be posted at the office of the Commissioner of Public Works, and the Town Board shall provide a copy of the same to the Town Clerk, who shall maintain them in the Town Clerk's files. The solid waste management facility custodian, in addition to any other remedies he or she may have by these regulations and at law, may exclude any person from the use of the solid waste management facility who has violated the law or these regulations or whose intention it is, in the opinion of the custodian, to violate these regulations or other applicable laws. The custodian may also deny or revoke any permit issued pursuant to this chapter and may also exclude those who fail to give satisfactory evidence that the load was generated within town or fail to display a valid sticker. Appeal of any decision made by the landfill custodian may be made to the Town Board.
Nothing contained in this Article shall be construed or interpreted to mean that the town is a party to any contract for refuse removal.
Any person who shall violate any of the provisions of this Article or any rules or regulations promulgated hereunder shall be punishable, upon conviction, as provided in Chapter 1, General Provisions. Each offense shall constitute a separate violation and shall be punishable as such hereunder.