[Adopted 10-13-1992, effective 10-22-1992]
[Amended 9-17-1996, effective 9-18-1996]
The reduction of the amount of solid waste and the conservation
of recyclable material are important public concerns. The separation
and collection of newsprint, paper, cardboard, glass, aluminum containers,
metal cans, plastic containers, vegetative yard waste and other material
for recycling from residential and commercial users in the City will
protect and enhance the city's physical and visual environment. Such
source separation and collection of recyclable material will promote
the health, safety and well-being of persons and property within the
City by minimizing the potential adverse effects of overusing landfills
through reduction of the need for landfills and conservation of existing
landfill capacity, facilitating the implementation and operation of
other forms of solid waste management, conserving natural resources
and ensuring conformance with the New York State Solid Waste Management
Plan. The promotion and use of recyclable material, goods produced
from recyclable material and goods which facilitate recycling will
further serve the same purposes.
[1]
Editor's Note: Former § 216-39, Definitions, was
repealed 9-17-1996, effective 9-18-1996.
[Amended 9-17-1996, effective 9-18-1996]
All recyclable material as indicated by § 216-43B of this chapter placed for collection at the curbline or other location by residents for collection pursuant to the curbline programs established pursuant to this chapter shall be prepared for collection in accordance with regulations promulgated by the Commissioner.
[1]
Editor's Note: Former § 216-41, Establishment of
private collection program for multiresidential complexes, was repealed
9-17-1996, effective 9-18-1996.
[1]
Editor's Note: Former § 216-42, Requirements applicable
to source separation and placement of designated recyclables in recycling
collection areas, was repealed 9-17-1996, effective 9-18-1996.
[Amended 9-17-1996, effective 9-18-1996]
A.
All commercial users within the City shall source-separate and arrange
for the collection for recycling of recyclable material as may be
included in or added to such curbline program pursuant to the rules
and regulations promulgated by the Commissioner.
B.
Recyclable material for the mandatory commercial user source separation
program shall consist of the following:
(1)
Newsprint.
(2)
Paper.
(3)
Magazines.
(4)
Cardboard.
(5)
Glass, plastic containers, aluminum containers, and metal cans generated
by food and beverage service establishments.
(6)
Wood waste.
(7)
Other recyclable material as designated by resolution of the Common
Council or by the Commissioner's regulations promulgated under this
chapter at all times 30 days after said designation and publication
of notice in an official newspaper of the City or a newspaper of general
circulation within the city.
C.
In any multiresidential complex, there shall be an area designated
by the Commissioner for the source separation, collection and delivery
of recyclable material included in the curbline program from occupants
of such multiresidential complexes pursuant to the rules and regulations
promulgated by the Commissioner.
D.
The owner, manager or superintendent of every multiresidential complex subject to Subsection A above shall provide and maintain, in a neat and sanitary condition, recycling collection areas to receive recyclable material included in the curbline program which are generated by residents of the complex pursuant to the rules and regulations promulgated by the Commissioner. In cases where a condominium, cooperative, homeowner or similar association exists, the association shall be responsible for provision and maintenance of the recycling collection areas.
E.
Once the recycling collection areas for a particular multiresidential
complex have been constructed and are capable of receiving recyclable
material as may be included in or added to the curbline program, occupants
of such complex shall source separate such materials by placing them
in the appropriate receptacles or areas within the collection area
pursuant to the rules and regulations promulgated by the Commissioner,
except qualified individuals with a disability may source separate.
F.
Recyclable material required to be placed in recycling collection
areas shall be prepared for collection pursuant to the rules and regulations
promulgated by the Commissioner.
G.
The arrangement for collection of recyclable material shall be the
responsibility of the commercial user or the agent or person contractually
obligated to the commercial user to arrange for collection and disposal
of its solid waste. The City reserves the right to collect recyclable
material placed at the curbline pursuant to the rules and regulations
promulgated by the Commissioner.
[Amended 9-17-1996, effective 9-18-1996]
Nothing in this article shall be construed as preventing any
person from utilizing vegetative yard waste for compost, mulch or
other agricultural, horticultural, forestry, gardening or landscaping
purposes, provided that such vegetative yard waste is stored in a
receptacle which shall be covered in such a fashion so as to eliminate
the possibility of divergence by wind or soaking by rain or snow or
accessibility to animals or pests. Grass clippings, weeds and leaves
shall be placed for public collection in plastic bags and other vegetative
yard waste shall be placed in compact bundles no longer than four
feet. Vegetative yard waste intended for composting shall be prepared
and placed for public collection pursuant to the rules and regulations
promulgated by the Commissioner.
[Amended 9-17-1996, effective 9-18-1996]
The Departments of Street Sanitation and Public Works are authorized
to enforce the provisions of this article and to administer the curbline
program established herein. The respective Commissioners of said Departments
may adopt and promulgate, amend and repeal rules and regulations implementing
this article in order to carry out and effectuate the intent and purposes
thereof.
[Amended 9-17-1996, effective 9-18-1996]
A.
It shall be unlawful for:
(1)
Any person, other than those persons so authorized, to collect or
scavenge any recyclable material which has been placed at the street
or curbline for collection or within a recycling collection area pursuant
to this article.
(2)
Any person to violate or to cause or assist in the violation of any
provision of this article or any implementing rule or regulation promulgated
by the Commissioner.
(3)
Any person to place or to cause to be placed any material other than
a recyclable in or near a recycling collection area.
B.
All unlawful conduct set forth in this section shall constitute a
violation.
[1]
Editor's Note: Former § 216-47, Noncollection of
solid waste contaminated by designated recyclables, was repealed 9-17-1996,
effective 9-18-1996.
[Amended 9-17-1996, effective 9-18-1996]
A.
Nothing contained in this article shall be construed to interfere
with or in any way modify the provisions of any existing contract
in force in the City on the effective date of this article.
B.
No renewal of any existing contract upon the expiration of the original
term thereof and no new contract for the collection, transportation,
processing or purchase of solid waste shall be entered into after
the effective date of this article, unless renewal of such contract
shall conform to the requirements of this article.
[Amended 9-17-1996, effective 9-18-1996]
A.
All solid waste collectors must submit quarterly reports on the tonnages
of material collected to be recycled and the tonnages of material
collected for disposal from within the City of Buffalo.
B.
All commercial users within the City of Buffalo shall submit quarterly
reports for all material reused and/or recycled from their businesses
that are in addition to the city's list of source-separated material.
C.
All reports are to be submitted to the Commissioner of Public Works.
[Amended 9-17-1996, effective 9-18-1996]
Any person who engages in unlawful conduct as defined in this
article may, upon conviction thereof in a proceeding before a court
of competent jurisdiction, be sentenced to imprisonment for a term
of 15 days or to a term of community service related to the purposes
of this article or to pay a fine of not more than $250 and not less
than $25, or any combination of the above penalties.
[Amended 9-17-1996, effective 9-18-1996]
A.
In addition to any other remedy provided herein, the City of Buffalo
may institute a suit in equity where unlawful conduct exists for an
injunction to restrain a violation of this article.
B.
The penalties and remedies prescribed by this article shall be deemed
concurrent. The existence or exercise of any remedy shall not prevent
the City from exercising any other remedy provided herein or otherwise
provided at law or equity.
C.
The terms and provisions of this article are to be liberally construed
so as best to achieve and effectuate the goals and purposes hereof.
[1]
Editor's Note: Former § 216-52, Severability; repealer,
was repealed 9-17-1996, effective 9-18-1996.
[1]
Editor's Note: Former § 216-53, Effective date,
was repealed 9-17-1996, effective 9-18-1996.
