[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]
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.
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.
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.
No person shall allow accumulations of garbage, offal, or noisome
substances upon premises owned or occupied by him.
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.
This article shall be administered by the Code Enforcement Officer
or authorized official.
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.
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]
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.
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.
As used in this article, the following terms shall have the
meanings indicated:
The Solid Waste Administrator of Monroe County.
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.
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.
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.
Monroe County.
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.
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
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 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.
Include, but are not limited to, the following:
Containers.
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.
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.
Metal cans: containers fabricated primarily of steel or tin,
or bimetal cans of steel, tin and/or aluminum, but not including aluminum
cans.
Plastics: including high-density polyethylene (HDPE), low-density
polyethylene (LDPE), polystyrene, and polyethylene terephthalate (PET);
commonly used for soda, milk and other containers.
Paper.
Boxboard: wood-pulp-based material which is usually smooth on
both sides but with no corrugated center; excludes material with wax
coating.
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.
High-grade paper: white and colored office bond, duplicating
paper, computer paper, and other high-quality paper.
Magazines: magazines, glossy catalogs, and other glossy paper.
Newsprint: common, inexpensive machine-finished paper made chiefly
from wood pulp and used for newspapers. This term excludes magazines.
Other.
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.
Large appliances: stoves, refrigerators, dishwashers, dryers,
washing machines, water heaters and other large appliances and scrap
metal, and excluding air conditioners, microwaves and televisions.
Wood waste: including logs, pallets and other wood materials.
Yard waste: grass 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
as raw materials.
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.
The segregation of recyclable materials and other recoverable
materials from solid waste at the point of generation for separate
collection, sale or other disposition.
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.
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.
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.
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.
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.
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.
