[HISTORY: Adopted by the Town Board of the
Town of Chili as indicated in article histories. Amendments noted
where applicable.]
[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:
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 solid waste disposal facilities.
B.
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:
A.
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.
B.
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.
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.
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.
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.
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.
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:
Containers:
ALUMINUMAluminum products and containers fabricated primarily of aluminum and commonly used for soda, beer, beverages or other food or drink products.
GLASS FOOD AND BEVERAGE CONTAINERSNew 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, flat glass or make up, perfume or medicine bottles.
METAL CANSContainers fabricated primarily of steel or tin or bimetal cans of steel, tin and/or aluminum but not including aluminum cans.
PLASTICSIncludes high-density polyethylene (HDPE), low-density polyethylene (LDPE), polystyrene and polyethylene terepthalate (PET), commonly used for soda, milk and other containers.
Paper:
BOXBOARDWoodpulp-based material which is usually smooth on both sides but with no corrugated center. Excludes material with wax coating.
CORRUGATEDWoodpulp-based material which is usually smooth on both sides with a corrugated center, commonly used for boxes. Excludes material with wax coating.
HIGH-GRADE PAPERWhite and colored office bond, duplicating paper, computer paper and other high-quality paper.
MAGAZINESMagazines, glossy catalogs and other glossy paper.
NEWSPRINTCommon, inexpensive machine-finished paper made chiefly from woodpulp and used for newspapers. This term excludes magazines.
Other:
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 clean up. 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.
LARGE APPLIANCESStoves, refrigerators, dishwashers, dryers, washing machines, water heaters and other large appliances and scrap metal and excluding air conditioners, microwaves and televisions.
WOOD WASTEIncludes 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.
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.
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.
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:
A.
Promulgate and publish rules and regulations from
time to time which:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
B.
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.
C.
Revise, amend, promulgate and publish other such rules,
regulations and orders necessary to carry out the purposes of this
article.
D.
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.
A.
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:
(1)
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.
(2)
Source-separated recyclable materials shall not be
commingled with other solid waste during collection, transportation,
processing or storage following collection.
(3)
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.
(4)
No authorized recycling facility or waste stream reduction
program shall receive recyclable materials generated or originated
within the Town except as permitted by law.
B.
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.
C.
No hazardous waste may be delivered to an authorized
recycling facility.
D.
No facility other than an authorized recycling facility
shall accept for disposal recyclable materials which have been source
separated.
A.
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.
B.
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:
A.
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:
(1)
The municipality or geographical area and number of
households in which the solid waste or recyclable material was generated.
(2)
The quantity, by ton, of solid waste and of each type
of recyclable material collected.
(3)
The quantity, by ton, of recyclable material delivered
to each authorized recycling facility.
(4)
The quantity, by ton, of solid waste delivered to
each facility.
B.
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.
C.
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.
D.
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.
E.
Each hauler shall develop and submit for Town approval
a generic collection plan for collecting recyclable materials from
its commercial, industrial and institutional customers.
F.
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.
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 article and the rules, regulations or orders
promulgated hereunder by any police officer, peace officer or any
other public official designated by the Town.
(2)
Police officers, peace officers and the specified
public officials are hereby authorized and directed to issue appearance
tickets for violations of this article.
B.
Penalties.
(1)
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.
(2)
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.
(3)
Any penalties or damages recovered or imposed under
this article 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 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.
