[Adopted 12-9-1991 by L.L. No. 5-1991]
This Part 2 shall be known as the "Reuse and Recycling Law."
The Village of Webster 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 law is adopted pursuant to Chapter 845 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.[1] 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 Village of Webster to promote the safety, health
and well-being of persons and property within the Village of Webster.
B.
Implement the express policy of the State of New York encouraging
waste stream reduction through recycling.
[1]
Editor's Note: See General Municipal Law § 120-w.
As used in this Part 2, the following terms shall have the meanings
indicated:
Any and all permitted or specifically exempt facility or
facilities for processing, reprocessing and/or recycling recyclable
materials. This term shall exclude incineration facilities, waste-to-energy
facilities and landfills.
A blue box container for recyclable materials or any other
durable container for recyclable materials readily identifiable by
the hauler as a container for recyclable materials.
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 licensed by the Village of Webster who collects
and transports solid waste and/or recyclable materials within the
Village of Webster.
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 the 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 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 Village 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 Village,
as designated in the rules and regulations promulgated under Monroe
County's Solid Waste Management Law, 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 makeup, 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 terephthalate (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.
CARDBOARD, 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.
GLOSSY 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 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 APPLIANCESStoves, refrigerators, dishwashers, dryers, washing machines, water heaters and other large appliances and scrap metal, 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 Village, 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 which are being accumulated,
stored or physically, chemically or biologically treated prior to
being discarded, having served their intended use, or which are a
manufactured 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 Part 2.
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 "waste stream reduction programs" shall not
include the processing of waste for incineration or disposal by landfill
or other means.
A.
Solid waste generated or originated within the Village 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 under Monroe
County's Solid Waste Management Law.
(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 Village must be delivered to an authorized recycling facility
or handled through a waste stream reduction program.
B.
Disposal of solid waste which is barred from authorized recycling
facilities by rules or by any law, regulation or ordinance shall not
otherwise be regulated by this Part 2.
A.
Only persons acting under the authority of a hauler or the Village
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 Part 2; provided, however,
that where the haulers or the Village has refused to collect recyclable
materials because they have not been separated, placed or treated
in accord with the provisions of this Part 2, 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 curbside or at any other designated
collection place on or immediately preceding the day for collection
of such recyclable materials.
Haulers shall be subject to the following requirements:
A.
Haulers shall indemnify and hold harmless the Village of Webster
for any pending, threatened or actual claims, liability or expenses
arising from collection and disposal by the hauler in violation of
this Part 2.
B.
Haulers shall offer or cause to be offered collection services for
all recyclable materials to all residential, commercial, industrial
and institutional 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.
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 Part 2 and the rules, regulations or orders promulgated
hereunder by any police officer, peace officer, hauler or any other
public official designated by the county or Village.
(2)
Police officers, peace officers and the specified public officials
are hereby authorized and directed to issue appearance tickets for
violations of this Part 2.
B.
Penalties.
(1)
Civil sanctions. The Village may commence a civil action to enjoin
or obtain any other available legal or equitable remedy for any failure
to comply with this Part 2.
(2)
Criminal penalties. In addition to the civil sanctions provided herein, failure to comply with this Part 2 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. 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 Part 2 are
in addition to any other remedies available at law or equity.
