Town of Penfield, NY
Monroe County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Penfield as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-7-1954; amended in its entirety 12-16-2015 by L.L. No. 3-2015]

§ 187-1 Purpose.

The purpose of this article is to promote the health, safety and general welfare of the Town of Penfield by regulating the disposal of garbage, ashes, rubbish, or other waste materials.

§ 187-2 Hauling garbage or refuse.

A. 
No person shall bring into the Town of Penfield garbage, offal, refuse or other organic or inorganic waste products, except manure or fertilizer to be used for agricultural purposes.
B. 
No person shall engage in the business of collecting garbage, offal, ashes, refuse, rubbish or noisome substances without proof of being a licensed hauler by the New York State Department of Environmental Conservation in accordance with applicable NYS environmental conservation laws.
C. 
In addition to those conditions set forth by the NYS Department of Environmental Conservation, licensed waste haulers shall be required to utilize necessary vehicle covers and be equipped so that no part of the load shall blow, leak or spill into the environment, including waste materials that are carried in conveyance receptacles.

§ 187-3 Garbage and refuse equipment.

A. 
Every owner, lessee or occupant of any building, premises or place of business within the Town of Penfield shall provide or cause to be provided, and at all times keep, suitable and sufficient receptacles for receiving and holding offal, garbage, ashes, refuse, rubbish or noisome substances that may accumulate or be used upon said premises.
B. 
No such receptacles shall be kept near any public place longer than may be necessary for the removal of the contents thereof. All receptacles used for the reception of garbage and noisome substances shall be provided with proper covers and such receptacles shall at all times be securely closed.

§ 187-4 Garbage accumulations prohibited.

No person shall allow accumulations of garbage, offal, or noisome substances upon premises owned or occupied by him.

§ 187-5 Dumping of offal, garbage, ashes, or other noisome substances regulated.

No person or business shall dump or deposit, or no property shall be used for the dumping, or deposition of offal, garbage, ashes, papers, refuse, rubbish or noisome substances within the Town of Penfield.

§ 187-6 Personnel.

This article shall be administered by the Code Enforcement Officer or authorized official.

§ 187-7 Penalties for offenses.

A violation of any of the provisions of this article or the refusal or failure to comply with any of the provisions thereof or with any order issued pursuant to the provisions of this article shall be a violation and shall subject the violator to a fine not to exceed $500 or imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment, or to a penalty of $500 to be recovered by the Town of Penfield in a civil action. Every day that such violation, disobedience, omission, neglect or refusal shall continue shall be deemed a separate offense. In addition to the remedies hereinabove set forth, the Town Board may institute any appropriate action or proceeding to prevent the continued violation of the provisions of this article or of any order issued pursuant thereto.

§ 187-8 Repeal of existing ordinances.

Each and every provision of the Sanitation and Drainage Ordinance of the Town of Penfield adopted July 1947, and the amendments thereto, together with § 117.4 of the Building Code of the Town of Penfield, are hereby repealed, except that this article does not repeal, abrogate or impair conditions now existing or permits previously issued relating to the matters covered by said repealed ordinances.
[Adopted 12-4-1991 by L.L. No. 3-1991; amended in its entirety 12-16-2015 by L.L. No. 3-2015]

§ 187-9 Findings.

The Town of Penfield 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.

§ 187-10 Authority and purpose.

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,[1] as amended, for the following purposes:
A. 
To institute a plan for the management of recyclable materials generated or originated in the Town of Penfield, to promote the safety, health and well-being of persons and property within the Town of Penfield; and
B. 
To implement the express policy of the State of New York encouraging solid waste reduction through recycling.
[1]
Editor's Note: See General Municipal Law § 120-aa.

§ 187-11 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ADMINISTRATOR
The Solid Waste Administrator of Monroe County.
AUTHORIZED HAULER
Specifically, those persons authorized by Monroe County and/or the Monroe County Department of Environmental Services 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 § 347-31A of the Monroe County Solid Waste Reuse and Recycling Local Law. 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.
COUNTY
Monroe County.
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.
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 any analogous or succeeding federal, state or local law, rule or regulation and any 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 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.
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: including 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: wood-pulp-based material which is usually smooth on both sides but with no corrugated center; excludes material with wax coating.
(2) 
Corrugated: wood-pulp-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 glossy paper.
(5) 
Newsprint: common, inexpensive machine-finished paper made chiefly from wood pulp 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.
(3) 
Wood waste: including logs, pallets and other wood materials.
(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 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 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.

§ 187-12 Source separation required.

A. 
Solid waste generated or originated within the Town of Penfield which has been left for collection or which is delivered by the generator to a 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 as provided in the Monroe County Solid Waste Reuse and Recycling Regulations.
(2) 
Recyclable materials shall not be commingled with other solid waste during collection, transportation or storage following collection. The County Administrator may grant such exemptions as he/she determines are in the public interest when such individuals demonstrate an inability to comply pursuant to application made pursuant to applicable laws, rules and regulations.
(3) 
All recyclable materials generated or originated within the Town of Penfield must be delivered to an authorized recycling facility or handled through a waste stream reduction program.
(4) 
No authorized recycling facility or waste stream reduction program shall receive recyclable materials generated or originated within the Town of Penfield except those materials permitted by law.
B. 
Disposal of solid waste which is barred from all authorized recycling facilities by rules, regulations or orders promulgated pursuant to this article, the Monroe County Solid Waste Reuse and Recycling Law, 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.

§ 187-13 Collection of recyclables placed at curbside.

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 article; provided, 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 accordance with the provisions of this article or the Monroe County Solid Waste Reuse and Recycling Law, 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 any designated collection place shall immediately become the property of the county.

§ 187-14 Authorized haulers.

A. 
All authorized haulers must enter into an authorized hauler contract with the county.
B. 
An authorized hauler sticker shall be prominently displayed on each vehicle operated by or on behalf of the authorized hauler and/or documentary evidence of such authorized hauler status must be available for inspection within each such vehicle.
C. 
All authorized haulers shall indemnify and hold harmless the Town of Penfield for any pending, threatened or actual claims, liability or expenses arising from waste disposal by the authorized hauler in violation of this article.
D. 
Authorized haulers shall offer collection services for all 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.
E. 
Each hauler shall develop and submit for county approval a generic collection plan for collection recyclable materials from its commercial, industrial and institutional customers as described in the Monroe County Solid Waste Reuse and Recycling Law, Chapter 347, Part 2, § 347-36 of the County Code.
F. 
Authorized haulers shall not accept for collection solid waste which has not been source-separated in conformity with the regulations promulgated under Monroe County's Solid Waste Reuse and Recycling Law.

§ 187-15 Enforcement; penalties for offenses.

A. 
Inspections and notices.
(1) 
All portions of vehicles and containers used to haul, transport, or dispose of recyclable materials, including such containers placed outside, shall be subject to inspection to ascertain compliance with this article, the County Solid Waste Reuse and Recycling Law and the rules, regulations or orders promulgated pursuant to the county law, by any police officer, peace officer, code compliance official, and any other public official designated by the county or Town.
(2) 
Police officers, peace officers, code compliance officials and the specified public servants are hereby authorized and directed to issue warnings and notices for violations of this article.
B. 
Penalties.
(1) 
Any person violating this article shall be subject to a warning by the police officer, peace officer, code compliance official, or any other authorized official of the Town of Penfield for the first violation.
(2) 
Any person violating this article shall be subject to a fine not to exceed $50 for the second violation.
(3) 
Any person violating this article shall be subject to a fine not to exceed $1,000 for the third or any additional violations.
(4) 
The Town of Penfield may commence a civil action and/or proceed to enjoin, determine and collect a fine or otherwise remedy a violation of this article.
(5) 
Any penalties or damages recovered or imposed under this article are in addition to any other remedies available at law or equity.
(6) 
No penalties, fines, civil sanctions or other enforcement actions, except warnings, will be commenced prior to June 1, 1992, in order to permit persons regulated hereunder to come into compliance with this article.

§ 187-16 When effective.

The provisions of this article shall be effective on the date the County Solid Waste Reuse and Recycling Local Law becomes effective and upon the date of filing with the New York State Secretary of State, whichever date is later.