[HISTORY: Adopted by the Town Board of the Town of Chili as indicated in article histories. Amendments noted where applicable.]
Article I Recycling
[Adopted 8-14-1991 by L.L. No. 2-1991 (Ch. 92, Art. I, of the 1980 Code)]
This article shall be known as the "Reuse and Recycling Law."
The Town Board of the Town of Chili 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 solid waste disposal facilities.
The New York Solid Waste Management Act of 1988 requires all municipalities to adopt a local law or ordinance by September 1, 1992, requiring 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 345 of the Laws of 1975 of the State of New York, as amended, Chapter 541 of the Laws of 1976 of the State of New York, as amended, and Chapter 552 of the laws of 1980 of the State of New York, as amended, to:
Institute a plan for the management of recyclable materials generated or originated in the Town of Chili, to promote the safety, health and well-being of persons and property within the Town of Chili.
Implement the express policy of the State of New York encouraging waste stream reduction through recycling.
As used in this article, the following terms shall have the meanings indicated:
- The Solid Waste Administrator of the Town of Chili, the Town Supervisor or such other officer or employee of the Town who may, from time to time, be designated by the Town Supervisor with the responsibility for the Town's solid waste issues and programs.
- AUTHORIZED RECYCLING FACILITY(IES)
- Any and all permitted or specifically exempt facility or facilities for processing, reprocessing and/or recycling recyclable materials which are specified in the rules and regulations promulgated pursuant to § 425-5A of this article. This term shall exclude incineration facilities, waste-to-energy facilities and landfills.
- A blue box container for recyclable materials readily identifiable by the hauler as a container for recyclable materials.
- The status granted to any individual who can demonstrate an inability to comply with this article and applies to the Administrator or the municipality and receives a certificate of exemption from this article, or parts thereof, pursuant to the rules and regulations.
- 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 person who collects and transports solid waste and/or recyclable materials within the Town, whether or not licensed by the Town of Chili.
- 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.
- 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 MATERIAL
- 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.
- 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
- Any solid waste generated or originated within the Town as designated in the rules and regulations promulgated hereunder, which may include but not be limited to the following:
- 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.
- 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 as 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 or 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 watercarried 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 of Chili.
- WASTE STREAM REDUCTION PROGRAM
- Source separation, recycling programs, changes to the packaging portion of the waste stream to reduce solid waste generated, 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 "waste stream reduction programs" shall not include the processing of waste for incineration or disposal by landfill or other means.
The Administrator is hereby authorized and directed to:
Promulgate and publish rules and regulations from time to time which:
Identify, define, expand and modify categories of solid waste and recyclable materials consistent with the implementation schedule set forth in Chapter 6.4 of the Monroe County Comprehensive Recycling Analysis (CRA) approved by the New York State Department of Environmental Conservation; except that, in the event of an emergency condition, the Administrator may amend the categories of solid waste and recyclable materials to respond to such emergency conditions. In the event of such an emergency condition, the Administrator shall immediately notify the Town Board and may confer with the Monroe County Department of Public Works or with other Towns within the county. The Administrator is authorized to expand and modify the categories of recyclable materials set forth in the CRA with Town Board approval.
Identify one or more authorized recycling facilities to which recyclable materials may be delivered, subject to such exceptions as the Administrator may determine, with Town Board approval, to be in the public interest.
Establish a Town-wide program to implement and enforce source separation of recyclable materials and to maximize the opportunity for and educate and inform the public regarding the reclamation and recovery of recyclable materials. These rules and regulations shall prescribe methods of source separation and may reflect local differences in population density, accessibility and capacity of markets and facilities, collection practices and waste composition. In promulgating such rules and regulations, the Administrator shall also give due consideration to existing source-separation, recycling and other facilities in the area, the adequacy of markets for separated materials and any additional expense and effort to be incurred by residents and authorized haulers. In addition, the Administrator shall consider the capacity, handling, disposal and marketing capabilities of available facilities, the geographical location of facilities and such other factors enabling the Administrator to determine that the public interest is served by the rule or regulation.
Notwithstanding any provision herein, no material changes shall be made to the schedule of fines set forth in Article H of the Monroe County Regulations without prior Town Board approval.
Pursuant to Town Law, sign contracts and any amendments there deemed necessary or desirable for the implementation of this article and such rules, regulations and orders promulgated hereunder to the limit of funds appropriated therefor.
Revise, amend, promulgate and publish other such rules, regulations and orders necessary to carry out the purposes of this article.
The Administrator shall perform the administrative functions, powers and duties specified in this article on behalf of the Town and may delegate any or all of the administrative functions, powers and duties specified herein. He shall report annually, and at other times he deems necessary, to the Town Board. Nothing in this article divests the Supervisor or the Town Board of any functions, powers and duties which they may otherwise have.
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 facility shall be handled and disposed of as follows:
Prior to initial collection or transport, such solid waste shall be source separated into recyclable materials and remaining solid waste as provided in the rules and regulations promulgated hereunder.
Source-separated recyclable materials shall not be commingled with other solid waste during collection, transportation, processing or storage following collection.
All source-separated recyclable materials generated or originated within the Town 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 Town except as permitted by law.
Disposal of solid waste which is barred from authorized recycling facilities by rules, regulations or orders promulgated pursuant to § 425-5 of this article 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.
No facility other than an authorized recycling facility shall accept for disposal recyclable materials which have been source separated.
Only persons acting under the authority of a hauler or the Town shall collect, pick up, remove or cause to be collected, picked up or removed any recyclable materials placed in or adjacent to a container for collection; each such unauthorized collection, pickup or removal shall constitute a separate violation of this article. Where the hauler or the Town has refused to collect 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, streetside or other designated collection place.
Nothing herein shall prevent any person from making arrangements for the reuse, private collection, sale or donation of recyclable materials, provided that recyclable materials to be privately collected, sold or donated shall not be placed at curbside or at any other designated collection place on or immediately preceding the day for collection of such recyclable materials. Any and all recyclable materials placed in a container at curbside or at any other designated collection place shall immediately become the property of the Town.
All persons engaged in the collection of recyclable materials and other recoverable materials through a waste stream reduction program other than a hauler shall provide an annual report, on forms to be provided by the Town, to the Administrator or his designee, who shall then file a summary report with the Town Clerk.
Haulers shall be subject to the following requirements:
Haulers must maintain separate monthly records of solid waste and recyclable material collected, transported or disposed of by the hauler which include the following information:
The municipality or geographical area and number of households in which the solid waste or recyclable material was generated.
The quantity, by ton, of solid waste and of each type of recyclable material collected.
The quantity, by ton, of recyclable material delivered to each authorized recycling facility.
The quantity, by ton, of solid waste delivered to each facility.
Reports containing the information required in Subsection A of this section shall be compiled and delivered to the Administrator for each reporting period as designated by the regulations, but which shall be no more frequently than quarterly.
Haulers shall indemnify and hold harmless the Town of Chili for any pending, threatened or actual claims, liability or expenses arising from collection and disposal by the hauler in violation of this article.
Haulers shall offer or cause to be offered collection services for all recyclable materials to all residential customers for whom they provide solid waste collection services, on the same days as solid waste collection services are provided, unless otherwise authorized by the regulations.
Each hauler shall develop and submit for Town approval a generic collection plan for collecting recyclable materials from its commercial, industrial and institutional customers.
Haulers shall not accept for collection solid waste which has not been source separated in conformity with the regulations promulgated hereunder and shall leave a notice with the generator informing the generator of why the solid waste or recyclable materials were not collected, unless the hauler reports the violation to the appropriate public official pursuant to § 425-10 herein.
Inspections and appearance tickets.
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 rules, regulations or orders promulgated hereunder by any police officer, peace officer or any other public official designated by the Town.
Police officers, peace officers and the specified public officials are hereby authorized and directed to issue appearance tickets for violations of this article.
Civil sanctions. The Town may commence a civil action to enjoin or obtain any other available legal or equitable remedy for any failure to comply with this article.
Criminal penalties. In addition to the civil sanctions provided herein, failure to comply with this article or the rules and regulations promulgated hereunder 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. Appeals may be taken by the aggrieved party in the same way as any appeal of a violation under Penal Law § 55.10.
Any penalties or damages recovered or imposed under this article are in addition to any other remedies available at law or equity.
No penalties, fines, civil sanctions or other enforcement actions will be commenced against any generator of solid waste or recyclable materials under 180 days after the effective date of this article, in order to permit persons regulated hereunder to come into compliance with this article.