[Adopted 2-10-1992 as L.L. No. 1-1992]
This Article shall be known as the "Reuse and
Recycling Law."
The Town Board of the Town of Riga 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 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.
This Article is adopted pursuant to Chapter
541 of the laws of 1976, as amended, and Chapter 552 of the Laws of
1980 of the State of New York, as amended, in order to:
A. Institute a plan for the management of recyclable
material generated or originated in the Town of Riga to promote the
safety, health and well-being of persons and property within Riga,
and
B. 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:
ADMINISTRATOR
The Solid Waste Administrator of the Town of Riga, the Town
Supervisor or such other officer or employee of the town who may from
time to time be designated by the Town Board with the responsibility
for the town's solid waste issues and programs.
AUTHORIZED HAULER
Any person licensed by the Town of Riga or who is under contract
with the county to collect and transport recyclable materials generated
or originated within the county.
AUTHORIZED RECYCLING FACILITY OR FACILITIES
A permitted or specifically exempt facility or facilities
for processing, reprocessing and/or recycling recyclable materials
specified in the regulations promulgated pursuant to this Article.
This term shall exclude incineration facilities, waste-to-energy facilities
and landfills.
CONTAINER
A county-provided blue box container with a county logo for
recyclable materials or any other durable container for recyclable
materials readily identifiable by the authorized hauler as a container
for recycling materials.
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.
HAZARDOUS WASTE
A.
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
B.
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, association, county, city, town, village,
school district, improvement district, governmental entity or other
legal entity.
RECYCLABLE MATERIALS
Include but are not limited to the following.
A.
Containers:
(1)
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.
(2)
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.
(3)
METAL CANS- Containers fabricated primarily of steel or tin or bimetal cans of steel, tin and/or aluminum, but not including aluminum cans.
(4)
PLASTICS- Includes high-density polyethylene (HDPE), low-density polyethylene (LDPE), polystyrene and polyethylene terephthalate (PET), commonly used for soda, milk and other containers.
B.
PAPER:
(1)
BOXBOARD- Woodpulp-based material which is usually smooth on both sides but with no corrugated center; excludes material with wax coating.
(2)
CORRUGATED- Woodpulp-based material which is usually smooth on both sides with a corrugated center, commonly used for boxes; excludes material with wax coating.
(3)
HIGH-GRADE PAPER- White and colored office bond, duplicating paper, computer paper and other high-quality paper.
(4)
MAGAZINES- Magazines, glossy catalogs and other gloss paper.
(5)
NEWSPRINT- Common, inexpensive machine-finished paper made chiefly from woodpulp and used for newspapers. This term excludes magazines.
C.
Other:
(1)
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.
(2)
LARGE APPLIANCES- Stoves, refrigerators, dishwashers, dryers, washing machines, water heaters and other large appliances and scrap metal, and excluding air conditioners, microwaves and televisions.
(4)
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 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 which are being accumulated,
stored or physically, chemically or biologically treated prior to
being discarded, 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.
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.
In the event that the Town of Riga elects to
enter into a licensing program, the following regulations shall apply:
A. When the designated public official determines that
a failure to comply with this Article may have occurred, she/he shall
recommend to the municipality that the authorized hauler application
or the solid waste license be denied, suspended, 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 authorized hauler permit or the issuance
of a sanction, fine or penalty.
B. Notice.
(1) The designated public official shall notify the affected
generator, applicant or licensee of the alleged failure, in writing.
The notice shall include:
(a) A statement of the condition allegedly violated, referring
to the pertinent ordinance, law, rule or regulation.
(b) A short and plain statement of the alleged misconduct.
(c) A statement of the time, place and nature of the hearing.
(2) The notice shall be personally served or sent by registered
mail to the generator's, applicant's or licensee's last known address,
at least 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 10 days after service
of notice.
(2) The generator, applicant or licensee may be represented
by counsel at the hearing and may offer evidence and cross-examine
witnesses.
(3) Within 20 days after the close of the hearing, the
Town Justice shall:
(a) Determine whether the alleged failure to comply with
this Article has occurred; and
(b) 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 shall 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
or licensee, in writing, of the final determination, decision or order.