[HISTORY: Adopted by the Town Board of the Town of Rush 6-24-1991
by L.L. No. 1-1991. Amendments noted where applicable.]
This chapter shall be known as the "Solid Waste Management Law."
The Town Board of the Town of Rush 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.
This chapter 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:[2]
A.
To institute a plan for the management of recyclable
materials generated or originated in the Town of Rush, to promote the safety,
health and well-being of persons and property within the Town of Rush; and
B.
To implement the express policy of the State of New York
encouraging solid waste reduction through recycling.
As used in this chapter, the following words shall have the meanings
indicated:
The Solid Waste Administrator of Monroe County.
Any person licensed to collect and transport recyclable materials
generated or originated within the county.
A permitted facility or facilities for processing recyclable materials
specified in the rules and regulations promulgated pursuant to this chapter.
This term shall exclude incinerating facilities, waste-to-energy facilities
and landfills.
County-provided blue box container with a county logo for recyclable
materials or any other durable container for recyclable materials readily
identifiable by the hauler as a container for recycling materials.
The County of Monroe.
The County Executive of Monroe County.
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 waste, 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 analogous or succeeding federal, state or local law, rule
or regulation and any regulations promulgated thereunder and any other material
which any governmental agency or unit having appropriate jurisdiction shall
determine from time to time cannot he processed at the facility because it
is harmful, toxic or dangerous.
Any material, substance, by-product, compound, or any other item
generated or originated within the county 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.
Any natural person, partnership, association, joint venture, corporation,
estate, trust, association, county, city, town, village, improvement district,
governmental entity or other legal entity.
Includes, but is not limited to the following:
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.
BOXBOARDWoodpulp-based material which is usually smooth on both sides but with no corrugated center. Excludes material with wax coating.
CORRUGATEDWood-pulp material which is usually smooth on both sides with corrugated center. Commonly used for boxes. Excludes material with wax coating.
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, non-asbestos 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.
GLASS BOTTLESNew and used glass good 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.
MAGAZINESMagazines, glossy catalogs, and other glossy paper.
HIGH GRADE PAPERWhite and colored office bond, duplicating paper, computer paper, and other high-quality paper.
LARGE APPLIANCESStoves, refrigerators, dishwashers, dryers, washing machines, water heaters and other large appliances and scrap metal, and excluding air conditioners, microwaves and televisions.
METAL CANSContainers fabricated primarily of steel or tin, or bimetal cans of steel, tin and/or aluminum, but not including aluminum cans.
NEWSPRINTCommon, inexpensive machine-finished paper made chiefly from woodpulp and used for newspapers. This term excludes magazines.
PLASTICSIncluding high-density polyethylene (HDPE), low-density polyethylene (LDPE), polystyrene, and polyethylene terepthalate (PET). Commonly used for soda, milk and other containers.
WOOD WASTEIncluding logs, pallets and other wood materials.
YARD WASTEGrass clippings, leaves, branches up to four inches in diameter, and other like vegetative garden materials.
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.
All putrescible and non-putrescible solid wastes generated or originated
within the county, 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 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 chapter.
The segregation of recyclable materials and other recoverable materials
from solid waste at the point of generation for separate collection, sale
or other disposition.
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.
A.
Solid waste generated or originated within the Town of
Rush 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, reusable or other components
for which economic markets exist.
(2)
Recyclable materials shall not be commingled with other
solid waste during collection, transportation or storage following collection.
The Town of Rush may order such exceptions as it determines are in the public
interest.
(3)
All recyclable materials generated or originated within
the Town of Rush must be delivered to an authorized recycling facility or
handled through a waste stream reduction program; and
(4)
No authorized recycling facility or waste stream reduction
program shall receive recyclable materials generated or originated within
the Town of Rush except as permitted by law.
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 Management Local Law or this chapter, or by any other
law, regulation or ordinance shall not otherwise be regulated by this chapter.
C.
No hazardous waste may be delivered to an authorized
recycling facility.
A.
Only persons who are acting under authority of the county
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 chapter. However, where the county or 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 chapter,
the person responsible for initially placing those materials for collection
may and shall remove those materials from any curb, sidewalk or street side.
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-supplied container at curbside or at any designated collection place
shall immediately become the property of the county.
When the designated public official determines that a failure to comply
with this chapter may have occurred he shall recommend to the county that
the authorized hauler application be denied, or the solid waste license be
suspended, 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.
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 to ascertain compliance
with this chapter, the County Solid Waste Management Law and the rules, regulations
or orders promulgated pursuant to the County Law, by any police officer, peace
officer, Code officer, and any other public official designated by the county
or the Town of Rush.
B.
Penalties.
(1)
The Town of Rush may commence a civil action to enjoin
or otherwise remedy any failure to comply with this chapter.
(2)
In addition to the civil sanctions provided herein, failure
to comply with this chapter or the rules and regulations promulgated hereunder
shall be a violation punishable by a maximum fine of $250, imprisonment for
not more than 15 days, or both.[2]
(3)
Any penalties or damages recovered or imposed under this
chapter 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 chapter.
The provisions of this chapter shall be effective on the same date as
the County Solid Waste Management Local Law becomes effective.
