[HISTORY: Adopted by the City Council of
the City of Troy 8-6-1992 (Art. VII of Ch. 14 of the 1973 Code); amended in its entirety 5-3-2007 by Ord. No. 2. Subsequent amendments noted where applicable.]
The intent and objective of this chapter is
to promote and protect the public health and welfare by regulating
the safe collection and disposal of solid waste; to reduce the amount
of solid waste transported to solid waste facilities; to recover recyclable
materials and deliver them to their final disposal site; to offer
alternative refuse disposal and recycling options; and to encourage
participation by the whole community in more efficient solid waste
management through a simple and cost-effective recycling plan.
As used in this chapter, unless otherwise expressly
stated, the following terms shall have the meanings indicated:
All vehicles which are no longer intended for or in condition
for legal use on public streets or highways and which do not possess
a current New York State Motor Vehicle inspection or registration
sticker and shall include but not be limited to cars, buses, trucks,
and motorcycles.
The residue resulting from the burning of wood, coal, coke,
or other combustible material.
All the solid residue and entrained liquid resulting from
the combustion of solid waste, or solid waste in combustion with fossil
fuel, at a solid waste incinerator, including bottom ash, boiler ash,
fly ash and solid residue of any air pollution control device used
at a solid waste incinerator.
Containers comprised of aluminum, tin, steel, or a combination
thereof, which contain or formerly contained food and/or beverage
substances.
All corrugated cardboard normally used for packing, mailing
or shipping of perishable/nonperishable goods, merchandise or other
material, but shall not mean wax-coated or soiled cardboard.
The elected governing body of the City of Troy consisting
of six district representatives and three at-large representatives.[1]
Any individual or firm permitted by the City, in accordance
with this chapter, to manage the collection of recyclable materials
within the corporate boundaries of the City.
All solid waste emanating from establishments engaged in
business. This category includes, but is not limited to, solid waste
originating in stores, markets, office buildings, restaurants, shopping
centers and theaters, and waste generated by nonmanufacturing activities
at industrial facilities.
To blend together designated recyclables in one collection
device that are separated from the disposable materials in the municipal
solid waste stream.
The Commissioner of the City of Troy Department of General
Services or the Deputy Mayor in the event that a Commissioner of General
Services has not been appointed.
[Amended 12-29-2017 by Ord. No. 133]
Decayed organic matter, including but not limited to yard
waste, kitchen scraps, table cleanings, fruit and vegetable parings,
decaying vegetable, animal and fruit matter.
Waste and building material, dredging materials, grubbing
waste and rubble resulting from construction, remodeling, repair and
demolition operations on houses, commercial buildings and other structures
and pavements.
All animals that have died naturally or have been killed,
and shall include but not be limited to cats, dogs, cows, horses,
pigs and rodents.[2]
All waste products that were once electronic in nature, including
but not limited to televisions, computers, monitors, keyboards, cell
phones, typewriters, and telephones. Electronic waste is controlled
by New York State and is illegal to throw out in a solid waste stream.
[Added 11-29-2018 by Ord.
No. 103]
All animal and vegetable waste resulting from the handling,
processing, preparation, cooking or consumption of foods in any private
dwelling house, multiple-dwelling house, hotel, restaurant, building,
or institution.
All clear (flint), green, or brown (amber) colored glass
containers, crystal and plate, window, and laminated or mirrored glass,
but shall not include wire glass.
Any refuse the handling or disposal of which, in the opinion
of the Commissioner, would constitute a danger to City employees,
City property, or the public and shall include but not be limited
to radioactive wastes, toxic chemicals, concentrated acids, flammable
oils, and pathological wastes.
Any and all residue resulting directly from industrial or
manufacturing operations and shall include but not be limited to water
treatment plant wastes, sewage solids, building wastes, and bulk wastes.
Any large bulky article actually used in the home and which
may be used for living, including but not limited to chairs, sofas,
tables, beds and carpets.
Any large bulky household mechanisms, including but not limited
to refrigerators, washers, dryers, stoves, hot water tanks and any
other household items made of aluminum, steel, brass, copper, stainless
steel, iron, or any combination thereof, but not including cans, as
defined in this section.
Materials currently not designated as recyclable, including
but not limited to rags, sweepings, leather, fabrics, crockery, shells,
and similar waste materials.
Newsprint and all newspapers and newspaper advertisements,
supplements, comics and enclosures.
All high-grade office paper, fine paper, bond paper, low-grade
office paper, Xerox paper, mimeo paper, duplication paper, magazines,
paperback books, all types of school paper, catalogs, junk mail, computer
paper, telephone books, and similar material as specifically designated,
but shall not mean newspaper, wax paper, plastic- or foil-coated paper,
styrofoam, wax-coated food and beverage containers, carbon paper,
blueprint paper, paper contaminated by food, soiled paper, and cardboard.
Items composed of a plastic-based component, including but
not limited to high-density polyethylenes (HDPE), low-density polyethylenes
(LDPE), polyethylene terephthalate (PET) and polyvinyl chloride (PVC)
or other specific plastics as designated by the City, which contained
or contain substances including but not limited to food and/or beverages.
Those solid wastes designated by the City that exhibit the
potential to be used repeatedly in place of a virgin material and
to be marketable in a cost-effective manner, and shall include but
not be limited to clean plastic and glass containers, metal and bimetal
cans, dry discarded newspaper, cardboard and flat paper. A list of
all designated recyclables shall be maintained on file in the main
office of the City's Department of Public Works.
That person appointed by the Mayor to coordinate the recycling
program, to arrange for the marketing and/or appropriate disposal
of collected items, and to perform educational and informational functions.[3]
A building (synonymous with residence) containing one to
three residential units; shall not include a hotel, motel or hospital,
dormitory, fraternity, sorority, boarding house or nonprofit facility
providing client housing services.
[Added 12-29-2017 by Ord.
No. 133; amended 6-3-2021 by Ord. No. 33]
An individual enclosed living space providing kitchen, bathroom
facilities along with space for sleeping, etc., with its own entrance.
[Added 12-29-2017 by Ord.
No. 133]
All cardboard, plastic, metal or glass food or beverage containers,
waste paper, rags, sweepings, small pieces of wood, rubber, leather,
and similar waste materials that ordinarily accumulate around a home,
business, industry, institution, or public facility.
The unauthorized picking through, sorting or removal of recyclable
materials following the placement for collection of such materials
in or about the City right-of-way.
Materials or substances discharged or rejected as being spent,
useless, worthless or in excess by the owner at the time of such discard
or rejection, except sewage and other highly diluted water-carried
materials or substances and those in gaseous form. Such waste shall
include but not be limited to garbage, sludge, rubbish, ashes, incinerator
residue, dead animals, abandoned vehicles, industrial wastes, commercial
wastes, and construction and demolition debris.
That permit issued by the City to an individual or firm which
authorizes said individual or firm to collect some or all categories
of solid waste, as defined in this Code, within the boundaries of
the City of Troy. The Commissioner shall issue each said permit on
behalf of the City and he/she shall specify which categories of solid
waste may be collected pursuant to said permit.
The segregation and collection of individual recyclable components
before they become mixed into the municipal solid waste stream.
[1]
Editor's Note: The original definition of
“City Manager,” which immediately followed this definition,
was repealed 10-2-2003 by L.L. No. 4-2003.
[2]
Editor’s Note: The former definition of “dwelling
unit,” which immediately followed this definition, was repealed
12-29-2017 by Ord. No. 133. See now the definition for “residential
premises.”
[3]
Editor’s Note: The former definition of “residence/multiresidence,”
which immediately followed this definition, was repealed 12-29-2017
by Ord. No. 133.
A.
Preparation. No person shall dispose of recyclables
except as follows: Prior to placement for collection and removal,
all commingled recyclables must be properly stored in a recyclable
collection device as approved by the Commissioner of the Department
of General Services. Glass, metal and plastic recyclables shall be
clean, and all contents shall be removed therefrom; caps shall be
removed from glass recyclables, and paper labels shall be removed
from metal recyclables. Newspaper and other fiber-based materials
for recycling should be kept dry. Additional materials may be added
based on market availability. Preparation requirements may from time
to time be changed by the Commissioner of the Department of General
Services due to market requirements.
[Amended 12-29-2017 by Ord. No. 133]
B.
Recyclables collection systems:
(1)
General provisions:
(a)
It shall be the responsibility of all residents
to separate recyclables from all residential solid waste and to place
recyclables out for collection. Recyclables shall not be placed in
the same container as, or otherwise mixed with, other forms of solid
waste.
(b)
All residents shall separate designated recyclables
and place them in the appropriate collection device either at a centralized
collection storage area or curbside, and in accordance with all provisions
of this chapter.
(c)
It shall be a violation of this chapter for
any person to collect and dispose of solid waste which consists of
recyclables combined with other forms of solid waste, and (such person)
shall be subject to all penalties as outlined in this chapter.
(d)
All recyclables placed in curbside containers or placed at recyclables
collection areas are considered the property of the generator until
such recyclables are placed at the curb or alley area for collection
by the City or the City's permitted collector.
[Amended 12-29-2017 by Ord. No. 133]
(e)
Ownership. Recyclable materials, as defined
in this section, once placed at the curb or alley area adjacent to
the residence where regular municipal solid waste is placed for collection,
shall become the property of the City of Troy.
(f)
Scavenging.
[1]
It shall be a violation of this section for
any person to collect, pick up, remove or cause to be collected, picked
up or removed, any recyclables placed for collection, without the
written permission of the Commissioner of the Department.
[2]
Each collection, pickup or removal shall constitute
a separate violation of this section and shall be subject to the following
penalties: Any person committing an offense of scavenging, as defined
in this chapter, shall be guilty of a violation punishable by a fine
not to exceed $250 or imprisonment not to exceed 15 days, or both.
(2)
Municipal/public system:
[Amended 12-29-2017 by Ord. No. 133]
(a)
The City shall designate either the Department
of General Services or by contract, pursuant to applicable state law,
an individual or firm to act as the City's recyclables collection
and disposal contractor ("the contractor").
(b)
Duty and discretion to collect. The City of
Troy Department of General Services or the designated contractor shall
collect recyclables from any property containing three or fewer residential
units except in cases where the owner of such property has entered
into an approved contract for the collection and recycling of recyclables
with a firm or individual having a solid waste collection permit issued
by the City. The City of Troy Department of General Services or the
designated contractor may, in the discretion of the Commissioner,
collect recyclables from any property containing four or more residential
units, subject to approval by the Commissioner of a written application
for collection services and payment of all applicable fees. Notwithstanding
the foregoing, the City shall not by reason of this enactment unilaterally
discontinue collection services to any property currently served on
the date of this enactment, except for nonpayment of fees or other
lawful reason..
[Amended 6-3-2021 by Ord. No. 33]
(c)
Recyclable collection device. The Commissioner shall make available
to every owner of a property containing three or fewer residential
units a recyclable collection basket, one container for each residential
unit, for use at said property. The first collection basket for each
unit shall be made available to the property owner at no charge. Additional
baskets for the same property, or replacement baskets for lost or
stolen baskets, shall be made available to the property owner by the
Commissioner, according to a schedule of charges to be established
by the Commissioner. The collection baskets shall remain the property
of the City.
[Amended 6-3-2021 by Ord. No. 33]
(d)
Residential properties exceeding three units. Except as otherwise
provided in this chapter, the owner of any property containing more
than three residential units shall contract for the collection and
recycling of recyclables with a firm or individual having a solid
waste collection permit issued by the City. The property owner shall
provide and maintain an appropriate area to receive and store the
recyclables generated by the residents of the property. The storage
area shall be maintained by the property owner in a neat and sanitary
condition. Such area shall comply with all regulations of the Department
of General Services and any other applicable rules, regulations, ordinances
or laws. All recyclables shall be stored in an appropriate container
of sufficient size to hold all the recyclables generated by the use
of the property between scheduled collections.
[Amended 6-3-2021 by Ord. No. 33]
(e)
Nonresidential property. The owner of any nonresidential property,
the use of which generates recyclables, shall contract for the collection
and recycling of recyclables with a firm or individual having a solid
waste collection permit issued by the City. The property owner shall
provide and maintain an appropriate area to receive and store the
recyclables generated by the use of the property. The storage area
shall be maintained by the property owner in a neat and sanitary condition.
Such area shall comply with all regulations of the Department of General
Services and any other applicable rules, regulations, ordinances or
laws. All recyclables shall be stored in an appropriate container
of sufficient size to hold all the recyclables generated by the use
of the property between scheduled collections.
[Amended 6-3-2021 by Ord. No. 33]
(f)
Mixed-use properties. An owner of a property which is used for
nonresidential purposes and which also contains residential units
shall comply with all of the applicable requirements of this chapter.
[Amended 6-3-2021 by Ord. No. 33]
(3)
Collection devices. All recyclable collection devices
to be used within the boundaries of the City of Troy shall be approved
by the Commissioner prior to use. Said recyclable collection devices
shall include, but not be limited to, sixty-gallon, ninety-gallon,
three-hundred-and-sixty-gallon automated pickup containers; twelve-gallon,
fourteen-gallon, eighteen-gallon color-coded/marked recycling boxes
and compartmentalized roll-offs. Any individual or firm using nonapproved
collection devices shall be in violation of this chapter and subject
to all penalties included herein.
(4)
Miscellaneous provisions.
(a)
If consistent with the rules, regulations and articles of the
City of Troy, large household furnishings may be placed curbside or
in the alley adjacent to the owner's property to be picked up and
disposed of or recycled by the City, subject to applicable fees for
the collection and removal of such items.
[Amended 12-29-2017 by Ord. No. 133]
(b)
The Commissioner may periodically provide for the collection
of household hazardous materials and electronic waste. It shall be
a violation of this chapter to place hazardous materials or electronic
waste out for collection by the City or the City's contractor except
as periodically provided for by the Commissioner.
[Amended 11-29-2018 by Ord. No. 103]
(c)
Construction and demolition debris shall not
be collected by the City. The generator of construction and demolition
debris shall have the responsibility for the removal and authorized
disposal of said debris.
(d)
White goods and bulk metal waste shall be collected curbside,
when scheduled by the generator with the Department of Public Works,
by the City and shall be recycled when market conditions permit, subject
to any applicable fees for the collection and removal of such items.
[Amended 12-29-2017 by Ord. No. 133; 11-29-2018 by Ord. No. 103]
[1]
Editor’s Note: Former § 234-4, Permits for private
haulers, was repealed 11-29-2018 by Ord. No. 103.
[Amended 12-29-2017 by Ord. No. 133]
Failure to comply with this chapter by any person or firm shall
be deemed a violation punishable by a fine no greater than $250 or
imprisonment no longer than 15 days, or both. Each day that a violation
of this chapter continues shall constitute a separate offense punishable
by a fine and/or imprisonment.
Based on the recommendations of the Mayor, the
City reserves the right to amend this chapter in total or in part.
