[HISTORY: Adopted by the Rockland County Legislature as indicated
in article histories. Amendments noted where applicable.]
[Adopted 5-15-1990 by L.L. No. 6-1990]
A.
The Legislature finds that the County faces an increasing
threat to its environmental and economic well-being from the solid waste disposal
crisis. It further finds that a significant amount of material which could
be productively recycled is discarded each year, exacerbating the solid waste
disposal crisis. The Legislature also finds that it is in the public interest,
in order to protect the environment and the health of the citizens of the
County, to effect the recovery and recycling of waste materials which are
currently being disposed of through landfilling or otherwise. Pursuant to
these findings and the authority granted to the County by § 120-aa
of the New York General Municipal Law, which requires municipalities to adopt
a local law to require the source separation and segregation of recyclable
or reusable materials from solid waste by September 1, 1992, the Legislature
of the County of Rockland has enacted the Rockland County Recycling Law.
B.
It shall be the purpose of this article to encourage
and facilitate the maximum recycling practicable on the part of each and every
household, business and institution within Rockland County. It shall further
be the purpose of this article to establish, implement and enforce reasonable
recycling-related practices and procedures to be applicable to all waste generators
within the County consistent with New York State law and taking into consideration
existing County, Town and Village recycling ordinances and programs. It is
not the intent of this article to displace existing recycling or scrap activities
undertaken by private entities on a commercial or not-for-profit basis within
the County.
As used in this article, the following terms shall have the following
meanings:
Waste resulting from construction, remodeling, repair and demolition
of structures, road building and land clearing. Such wastes include but are
not limited to bricks, concrete and other masonry materials, soil, rock, lumber,
road spoils, paving material and tree and brush stumps.
The duly elected County Executive of Rockland County.
Any duly enacted local law of Rockland County which directs the flow
of solid waste to one or more facilities consistent with the solid waste management
plan.
The duly elected Legislature of Rockland County.
All containers containing pesticides and/or pesticide residue, as
well as herbicides, fertilizers and antibiotics, and which can no longer be
utilized for farm purposes.
Grass clippings, leaves and cuttings from shrubs, hedges and trees.
The terms "garbage," "recyclable material," "construction and demolition debris"
and "major appliances" shall not be construed to include "green waste."
Putrescible solid waste, including animal and vegetable waste, resulting
from the handling, storage, sale, preparation, cooking or serving of foods.
"Household garbage" originates primarily in home kitchens, stores, markets,
restaurants and other places where food is stored, prepared or served.
The meaning set forth in regulations promulgated pursuant to § 330-7 hereof.
All large and/or bulky articles actually used in the home (other
than major appliances) and which equip it for living (as chairs, sofas, tables,
beds, carpets, etc.).
Any large and/or bulky household mechanism (as a refrigerator, washer,
dryer, stove, etc., sometimes referred to as "white goods") ordinarily operated
by gas or electric current.
Any individual head of household, landlord, chief executive officer,
owner, partner or manager of a commercial or industrial establishment or institution.
Any solid waste or other material designated, from time to time,
by the County by amendment to this article or by regulation hereunder, which
under federal or New York State law or regulation is not hazardous and which
is separated from the waste stream and held for its materials recycling or
reuse value.
All putrescible and nonputrescible solid wastes, including, but not
limited to, materials or substances discarded or rejected as being spent,
useless, worthless or in excess to the owners at the time of such discard
or rejection, or are being accumulated, stored or physically, chemically or
biologically treated prior to being discarded or rejected, having served their
intended use, or as a manufacturing by-product, including, but not limited
to, garbage, refuse, industrial, commercial and agricultural waste sludges
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, special
nuclear or by-product material within the meaning of the Atomic Energy Act
of 1954, as amended, or waste which appears on the list or satisfies the characteristics
of hazardous waste promulgated by the Commissioner of Environmental Conservation.
The solid waste management plan adopted or to be adopted, as it may
be amended from time to time, by Rockland County pursuant to Title 1 of Article
27 of the Environmental Conservation Law.
The segregation of recyclable materials from the solid waste stream
at the point of generation for separate collection, sale or other disposition.
Each of the towns and incorporated villages in Rockland County, together
with any Town or Village solid waste disposal district.
Tires from cars, buses, trucks and other vehicles and their casings.
A.
Preparation of solid waste and recyclable material for
collection and disposal generally.
(1)
In order to provide for public health and safety and
to facilitate the conservation of vital natural resources, each Town and Village
shall continue to be responsible for the collection of solid waste and recyclable
material. Each municipality shall provide by August 1, 1990, to the County
Recycling Coordinator a plan to provide for source separation and collection
of recyclable materials. Such plan should demonstrate that regular, reliable
source separation and collection of recyclable material will be provided to
each property which generates that material in that municipality.
(2)
The County Executive shall determine, subject to the
approval of the County Legislature, the schedule of implementation of source
separation and collection of recyclable materials throughout the County. All
existing or any future mandatory recycling local laws or programs implemented
by any Town or Village, so long as such ordinances or programs meet the minimum
standards and timetables for such implementation set forth herein and conform
with the County Flow Control Law, will fulfill the requirements of this article.
It is the County's intention to establish or make available one or more
County materials recovery or recycling facilities to be either privately or
municipally owned and/or operated to which all recyclables generated within
the County may, in accordance with the County Flow Control Law, be directed
for marketing and other recycling activities. Existing or future recycling
or scrap activities undertaken by private entities in the County on either
a commercial or not-for-profit basis are not subject to regulation of this
article so long as such activities, upon review by the County Executive, conform
with the solid waste management plan and the County Flow Control Law.
B.
Minimum standards and timetables for implementation of
countywide recycling.
(1)
It is the intent of this article that all persons generating
solid waste and recyclables within the County shall recycle all or a portion
of the recyclables which they generate not later than October 1, 1990. It
is understood and expected that implementation of mandatory recycling of many
recyclables must be undertaken gradually and with thorough and adequate attention
to materials recovery and marketing thereof.
(2)
Commencing on a schedule of dates and in a manner, both of which to be determined pursuant to rules and regulations promulgated pursuant to § 330-7 hereof, all persons in the County in control of any premises shall be required to separate from all other solid waste that they set at curbside or otherwise for collection by municipal or private carters the following items:
(a)
Newspaper.
(b)
High-grade paper.
(c)
Corrugated paperboard.
(d)
Other paper grades, including magazines.
(e)
Glass containers.
(f)
Plastic containers.
(g)
Aluminum and bimetal beverage containers.
(h)
Steel food containers.
(i)
Mixed plastics.
(j)
Low-grade paper and paper products.
(k)
Food waste.
(l)
Other recyclables, as determined pursuant to rule or
regulation hereunder.
C.
No person shall dispose of recyclable material except
as follows:
(1)
In order to facilitate the conservation of vital natural
resources through recycling, each person shall provide for the setting-out
of recyclables in a suitable container or containers as authorized by his
or her Town or Village for recyclable material.
(2)
From the time of placement of recyclable material at
the roadside or other designated area approved by the towns or villages by
a person for collection in accordance herewith, such recyclable material shall
be delivered to the appropriate facility determined in accordance with the
County Flow Control Law and the solid waste management plan, as such may be
in effect, or designated by the Town or Village where such recyclable material
is generated if no County facility or facilities are yet operational and able
to accept such materials.
(3)
Tipping fees, if necessary for the collection, handling
and disposal of recyclables to a County facility or facilities, shall be established,
and modified as necessary from time to time, by the County Executive, subject
to the approval of the County Legislature.
A.
It is the intent of this article that the County assume
responsibilities for assisting the towns and villages in the marketing of
all recyclables generated in the County. At such time as a County materials
recovery or recycling facility or facilities become operational, the County
shall be fully responsible for marketing all such recyclables properly delivered
thereto. Until such County facility or facilities are operational, beginning
on June 1, 1990, the County, acting through the County Recycling Coordinator,
will offer marketing consulting services to all towns and villages in the
County which are then engaged in recycling activities, at their request.
B.
In addition, the County shall prepare a recyclables marketing
plan to provide for the gradual assumption by the County of full responsibilities
for the marketing of recyclables which are source-separated within the County
in accordance with this article.
A.
The County shall establish and/or revise, through amendment to this article or through the promulgation of regulations pursuant to § 330-7 herein, specific countywide recycling programs for the following additional categories of solid waste:
B.
Any such amendment or regulations shall be consistent
with and subject to the provisions of the solid waste management plan and
the County Flow Control Law.
Failure of any person to comply with the provisions of this article
shall carry a fine of $15 for the first violation, $50 for the second, $100
for the third, and $100 for each subsequent violation.
This article shall be administered by the Office of the County Executive
which shall be empowered to promulgate rules and regulations relative to the
administration and enforcement of this article. Any such rules and regulations
shall not be effective until they have been approved by the County Legislature
and the County Executive and filed with the Clerk to the County Legislature.
[Adopted 4-15-2008 by L.L. No. 1-2008]
This article shall be known as "The Rockland County Plastic Bag Recycling
Act of 2008."
A.
The Rockland County Legislature finds and determines
that each year an estimated 500 billion to one trillion plastic bags are used
worldwide, and billions of these bags end up as litter. In the United States
alone, retail checkout counters distribute about 100 billion plastic bags,
and it takes approximately 35 million barrels of oil to produce them.
B.
The Legislature further finds and determines that plastic
carryout bags and film plastic do not biodegrade. The bags break down into
smaller and smaller toxic bits that contaminate soil and waterways and enter
into the food web when animals accidentally ingest those materials, and that
these pieces can last for more than 1,000 years.
C.
Instead of being thrown into the garbage where they can
eventually contaminate our soil and water, these bags can be collected and
recycled into decks, piers and fencing.
D.
The Legislature hereby determines that we must reduce
the use of plastic bags and encourage the use of reusable bags in order to
reduce our dependence on foreign oil, decrease litter and benefit the environment.
E.
The Legislature hereby finds that the proposed recycling
program furthers New York State policy, which favors programs that maximize
material reuse and recycling and programs that use energy efficient recycling
processes.
F.
Therefore, the purpose of this article is to encourage
the use of reusable bags by consumers and retailers, to reduce the consumption
of single-use bags, and to require an at-store recycling program for plastic
bags.
As used in this article, the following terms shall have the meanings
indicated:
Uncontaminated non-rigid film plastic packaging products composed
of plastic resins that include, but are not limited to, newspaper bags, dry
cleaning bags and shrink-wrap.
A person in control of, or having daily responsibility for, the daily
operation of a store, which may include, but is not limited to, the owner
of the store.
A plastic carryout bag provided by a store to a customer at the point
of sale that is not a reusable bag.
A retail establishment that provides plastic carryout bags to its
customers as a result of the sale of a consumer good, and either:
The operator of a store shall establish an at-store recycling program
pursuant to the provisions of this article that provides an opportunity for
members of the public to return to the store clean plastic carryout bags from
any source.
An at-store recycling program provided by the operator of a store shall
require:
A.
A plastic carryout bag collection bin to be placed at
or near the entrance to each store, and such bin shall be highly visible and
indicate that the bin is intended for recycling and not for the discarding
of garbage. Such collection bin shall be easily accessible to the consumer;
and such collection bin shall be clearly marked that the collection bin is
available for the purpose of collecting and recycling plastic carryout bags
only.
B.
That all plastic carryout bags collected by the store
are to be collected, transported and recycled in a manner consistent with
all applicable laws or any rule or regulation promulgated pursuant to this
article.
C.
That the operator of the store having 20,000 square feet
or more of the selling area floor space used for the sale of consumer goods
shall make reusable bags available to customers within the store, which may
be purchased and used in lieu of using a plastic carryout bag or paper bag.
Any operator who violates any provision of this article shall be punished
by a fine not to exceed $250 for a first offense; by a fine not to exceed
$500 for a second offense; and by a fine not to exceed $1,000 for a third
and each subsequent offense committed in any twelve-month period. Each day
that an operator fails to comply with this article shall constitute a separate
and distinct violation.
The Commissioner of the Rockland County Department of Consumer Affairs
shall promulgate any rules and regulations as it deems necessary and appropriate
for the implementation and enforcement of any provisions of this article.
This article shall apply to all actions occurring on or after January
1, 2009.
This article shall be null and void on the day that statewide or federal
legislation goes into effect, incorporating either the same or substantially
similar provisions as are contained in this article, or in the event that
a pertinent state or federal administrative agency issues and promulgates
regulations preempting such action by the County of Rockland. The Rockland
County Legislature may determine via mere resolution whether or not identical
or substantially similar statewide legislation has been enacted for the purposes
of triggering the provisions of this section.
