[HISTORY: Adopted by the Town Board of the Town of Parma 12-1-1992. Amendments noted where applicable.]
This chapter shall be known as the "Solid Waste Reuse and Recycling Law of the Town of Parma."
The Town of Parma 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 resource facilities.
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 use exist.
This chapter 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, as amended, to:
Institute a plan for the management of recyclable materials generated or originated in the Town of Parma, to promote the safety, health and well-being of persons and property within the Town of Parma; and to
Implement the expressed policy of the State of New York encouraging solid waste reduction through recycling.
As used in this chapter, the following terms shall have the meanings indicated:
- The solid waste administrator of Monroe County.
- AUTHORIZED HAULER
- Any person who collects and transports solid waste or 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 materials specified in the rules and regulations promulgated pursuant to Section V(A) of the Monroe County Solid Waste Reuse and Recycling Local Law. This term shall exclude incineration facilities, waste to energy facilities and landfills.
- CENTRALLY SERVED MULTIUNIT RESIDENTIAL
- Residential-based sources of recyclable materials with collection service at centralized accumulation points.
- CONSTRUCTION AND DEMOLITION PROJECTS
- All construction excavation, demolition or other similar projects, whether residential, commercial, industrial, institutional or municipal, which generate construction and demolition debris.
- A county-provided blue box container with a county logo for recycling materials or any other durable container for recyclable materials readily identifiable by the hauler as a container for recycling material.
- The County of Monroe.
- DROP-OFF CENTER USERS
- Persons who do not contract with haulers or otherwise arrange for the collection and transportation of solid waste or recyclable materials but who themselves may transport solid waste or recyclable materials to a transfer station or community drop-off center or otherwise dispose of solid waste or recyclable materials.
- 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 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.
- HAZARDOUS WASTE
- Any hazardous waste as defined under the Resource Conservation 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 regulation 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 be processed at the facility because it is harmful, toxic or dangerous.
- INDIVIDUALLY SERVED RESIDENTIAL
- Residential-based sources of recyclable materials with individual collection service for each residential unit. For the purposes of newsprint collection beginning September 16, 1991, only individually served residential sources shall be classified as customers as that term is used in Section XIII of the Solid Waste Reuse and Recycling Law.
- LARGE COMMERCIAL OR INDUSTRIAL
- Commercial or industrial facilities with more than 50 employees per site.
- 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.
- 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
- Solid waste that exhibits the potential to be used in the place of a virgin material and 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 as raw materials.
- SMALL COMMERCIAL OR INDUSTRIAL
- Commercial or industrial facilities with 50 or fewer employees per site.
- 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 chapter.
- 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 PROGRAMS
- 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 recyclable materials otherwise destined for the municipal waste stream. For purposes of this paragraph, such reduction program shall not include the processing of waste for incineration or disposal by other means.
Solid waste generated or originated within the Town of Parma which has been left for collection or which is delivered by the generator of such waste to a facility shall be disposed of as follows:
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.
Recyclable materials shall not be commingled with other solid waste during collection, transportation or storage following collection.
All recyclable materials generated or originated within the Town of Parma must be delivered to an authorized recycling facility or handled through a waste stream reduction program.
Any disposal of solid waste which is barred from all authorized recycling facilities by rules, regulations or orders promulgated pursuant to this chapter, Section V of the Monroe County Solid Waste Reuse and Recycling Law or by any other law, regulation or ordinance shall not be regulated by this chapter.
No hazardous waste may be delivered to an authorized recycling facility.
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 material. Any and all recyclable material placed in a county-supplied container at curbside or at any designated collection place shall immediately become the property of the county.
Landlords of centrally served residential facilities must provide educational materials and centrally located recycling containers to their tenants.
All commercial, industrial and institutional generators shall separate or cause to be separated from the solid waste and set it out for collection and recycling the following materials:
Food and beverage containers made of glass, aluminum, metal or plastic, clean of contents which are generated in food service facilities constituting all or a significant part of a particular commercial, industrial or institutional facility. Food and beverage facilities consisting solely of vending machines are encouraged but are not required to separate food and beverage containers.
All haulers within the Town of Parma shall maintain on file a current certificate of insurance with the Town Clerk.
All authorized haulers must enter into an authorized hauler contract with the County of Monroe.
An authorized hauler sticker shall be prominently displayed on each vehicle operated by or on behalf of the authorized hauler.
Each hauler shall distribute individual containers to each of its individually served residential and other appropriate residential customers for recyclable materials, which containers if provided by the county shall remain the property of the county. All recyclable material placed in a county-provided container shall be transported to specific authorized recycling facilities designated by the county for such purpose.
All authorized haulers shall indemnify and hold harmless the Town of Parma for any pending threatened or actual claims, liability or expense arising from waste disposal by the authorized hauler in violation of this chapter.
Authorized haulers shall offer same-day collection services for all recyclable materials to all residential customers for whom they provide solid waste collection services, unless otherwise authorized by the Monroe County Solid Waste Reuse and Recycling Regulations.
Each hauler shall develop and submit for county approval a generic collection plan for collecting recyclable materials from its commercial, industrial and institutional customers as described in Monroe County Solid Waste Reuse and Recycling Regulations, Article G3.
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.
[Amended 5-16-2017 by L.L. No. 2-2017]
Any persons violating the law or regulations shall be subject to a warning by the administrator, police officer, or any designated public official for the first violation.
Any persons violating the law or its regulations shall be subject to a fine of up to $50 for the second violation. Any persons violating the law or its regulations shall be subject to a fine of up to $1,000 for the third or any additional violations. Any and all of the following persons may inspect solid waste containers set out for collection, recycling containers at centrally served residential facilities or at commercial, industrial or institutional facilities and collection vehicles for violations:
The provision of this chapter shall be effective on the same date as the Monroe County Solid Waste Reuse and Recycling Law.