[Amended 11-30-1987 by Ord. No. 87-75; 10-17-1988 by Ord. No. 88-85; 5-1-1989 by Ord. No. 89-46; 10-2-1989 by Ord. No. 89-68; 4-16-1990 by Ord. No. 90-26; 8-31-1992 by Ord. No. 92-34]
In order to facilitate the findings stated in Article I, solid waste shall be separated into categories of waste. Broad categories include but are not limited to:
Solid waste separation shall be performed at its source or where the solid waste was generated. This applies to solid waste which is brought to the City of Schenectady's waste transfer facility and to solid waste which is left for a private hauler to collect at any point within the City. Solid waste shall be source-separated even if it is picked up by a private hauler who takes it to one or more locations outside the City for disposal.
Recyclable rubbish. Recyclable rubbish, also called recyclables, shall be source-separated into the following categories:
Kraft paper or brown paper bags.
Milk and juice containers and juice boxes.
[Added 6-20-1994 by Ord. No. 94-19]
[Added 6-20-1994 by Ord. No. 94-19]
Yard waste. Yard waste shall be set out for curbside pickup on the regularly scheduled collection day. Yard waste must be placed in paper biodegradable yard waste bags. Branches, no greater than three inches in diameter, must be cut in lengths no greater than four feet and tied in bundles easy for one man to lift.
White goods; dumpsters.
White goods shall be prepared by dismantling them in such a way that they will not be a hazard to the public. In this respect, lockable and latchable doors shall be removed before the item is placed at curbside for disposal. The items covered by this section shall be placed curbside for collection on the regularly scheduled solid waste collection day.
All dumpsters used for the deposit of waste must meet the approval of the Department of Waste Collection and Disposal and shall be made according to the demand of the particular establishment to avoid overflow of such containers and the creation of a resultant unsanitary condition.
[Added 8-31-1992 by Ord. No. 92-38]
Dumpsters placed on public roadways or in the City right-of-way shall be subject to review by the Utilities Department and the Department of Engineering to verify the placement of the dumpster. The placement shall not inhibit public safety. Once approved by the Utilities Department and the Department of Engineering, a dumpster permit shall be issued for a fee of $25 paid to the Finance Department.
[Added 12-27-2010 by Ord. No. 2010-20]
Recycling containers. Residents will be required to provide recycling containers specified by regulation. Decals will be provided by the City identifying the contents of such containers.
Ownership of recyclables, It shall be a violation of this chapter for any person to collect, pick up, remove or cause to be collected, picked up or removed any recyclables placed for collection without the permission of the person who so deposited and placed the recyclable or without registering with the City of Schenectady. Each collection, pick up or collection from each place shall constitute a separate and distinct offense in violation of this chapter. A person may dispose of his recyclables by selling or donating them directly to recyclers, but these shall not have been placed at the curbside for collection.
Secondary markets for recyclables.
Source-separated solid waste shall be kept separate during all subsequent handling.
Contracts with secondary markets should state that the recyclables shall not be burned nor landfilled nor transferred to another party which will burn or landfill them. Recyclables shall be recycled or remanufactured.
Garbage and nonrecyclable rubbish.
Each person shall purchase and use clear or translucent refuse bags for the disposal of garbage and nonrecyclable rubbish.
Garbage and nonrecyclable refuse shall not be placed at the curb for pickup unless it is in a clear or translucent refuse bag. Refuse placed in a dumpster or trash can must be first placed in a translucent or clear refuse bag. There is one exception to this requirement:
There are items of garbage and nonrecyclable rubbish which are not appropriate to place in or which do not fit into a refuse bag. These items should be taken to the waste transfer station for disposal or the Department of Solid Waste should be called for instruction.
It shall be a violation of this chapter for any person to place for collection any garbage or nonrecyclable rubbish which contains any recyclable.
Persons who utilize the transfer facility for disposal of nonrecyclable rubbish shall be required to obtain an annual permit from the City of Schenectady. The Director of Solid Waste shall have the authority to refuse to accept any garbage or nonrecyclable rubbish from a person who brings it to the transfer facility in a nonpermitted vehicle.
The Director of Solid Waste shall have the authority to refuse to accept any garbage or nonrecyclable rubbish hauled to the transfer facility if the garbage or nonrecyclable rubbish contains mandated recyclables.
Storage of waste not permitted. It shall be a violation of this chapter for any person to store excessive quantities of solid waste on any property in the City, except by permit from the City. Containers for waste shall be stored in a convenient location at grade or basement level in the residence, commercial establishment or property appurtenant thereto. Solid waste and recyclable material shall be stored in tightly covered containers out of sight when possible. Solid waste and debris shall not be stored on open porch areas or areas visible to the public. Solid waste supervisors are authorized to determine proper storage locations, the sufficiency of containers and the curbside location where solid waste material may be placed for collection.
[Amended 2-24-2003 by Ord. No. 2003-3]
Preventing scattering or littering. No person shall transport solid waste on any street, avenue, lane or highway in the City except in vehicles or trailers which prevent loss of any solid waste by the use of suitable covering. Solid waste generated at one location in the City shall not be placed for collection at any noncontiguous location in the City. Solid waste generated outside of the City shall not be transported to any location within the City for waste collection. Violation of this section shall also be deemed as littering and may, in addition to any other penalty, be prosecuted as a violation of § 192-15 of the Code.
[Amended 2-24-2003 by Ord. No. 2003-3]
A contract hauler shall not collect in the City any solid waste component without having registered his operation and any vehicles used in the City for purposes of collection. Recyclers operating in the City shall also register their operation. There may be a fee for registration.
Registration shall be done with the Director of Solid Waste on a form which requests the following information:
The name, address and telephone number of the business.
The name, address and telephone number of the owner(s) of the business.
Identification of each vehicle which is to be registered.
A description of the business operation.
The signature of a principal officer of the business.
The application for registration shall contain the following statements above the signature line:
"I certify that the information given above is correct. I certify that only source-separated solid waste will be collected and that each source-separated waste will be kept separate and delivered to a secondary materials facility. I certify that any recyclable solid waste collected in the City of Schenectady shall not be burned or landfilled. I certify that household hazardous waste shall not be knowingly collected or transported. I understand that the penalty for violation of these certifications or the City of Schenectady Recycling Law is the loss of the privilege of collecting any solid waste in the City."
A registration shall be renewed annually and it shall expire on the 31st of December of the year for which it was issued. A registration shall not be transferred, assigned or allowed to be used by another person. No person shall use a registration issued to another person.
Promulgation of rules and regulations.
Adopting and amending. From time to time, the City shall adopt and promulgate, amend and repeal such regulations as, in its discretion, are necessary and desirable to carry out, interpret and enforce the intent and purposes of this chapter and the effective operation of the recycling efforts provided in this chapter.
Effective date. Any regulation adopted, promulgated, amended or repealed under this chapter shall take effect 30 days after being established by the City or 15 days after being published in the official local newspaper, whichever is the later date.
Penalties for offenses.
Penalties for offenses by private property owners and occupants.
[Amended 4-11-1994 by Ord. No. 94-08; 5-23-1994 by L.L. No. 4-1994; 6-20-1994 by Ord. No. 94-19]
There shall be a grace period of 90 days following the implementation date of this chapter, November 15, 1992, when there shall only be verbal and written warnings issued to violators of this chapter.
Issuance of ticket; authorized officers.
Following the grace period, offenses shall be punishable by issuance of tickets bearing the amount of fine similar to those issued to traffic law violators.
[Amended 7-11-2005 by Ord. No. 2005-8]
Each offense shall be punishable by a fine or public service in accordance with the following schedule:
For the first conviction, by a fine in the sum of $250.
For the second conviction within one year, by a fine in the sum of $500.
For the third conviction within one year, by a fine in the sum of $750.
For the fourth conviction within one year, by a fine in the sum of $1,000.
For any further convictions within one year, by a fine in the sum of $1,500 and by a period of incarceration of at least 15 but not more than 30 days.
The penalties herein prescribed shall not bar the prosecution of any other waste-related offense applicable to the conduct of the offender as may be proscribed elsewhere in this City Code.
Editor’s Note: This ordinance also provided that these penalties shall be of full force and effect 30 days following the adoption of this subsection.
Recovery of costs. The City shall enforce and/or take necessary steps to abate violations of this Article II of Chapter 161 and the City's rules and regulations as embodied in the City's current recycling brochure as they apply to waste collection for private properties and the City's cost shall be paid out of the municipal treasury on certification of the Director of Solid Waste, and such costs shall be billed to the owner of the land from where the garbage and refuse emanate, and if not paid within 60 days, said bill shall be charged against the land from where the garbage and refuse emanate as a municipal lien or cause such cost to be added to the tax rolls as an assessment or to be levied as a special tax against the land from which the garbage or refuse emanated or be recovered in a suit at law against the owner responsible for the proper compliance with Article II of Chapter 161.
Penalties for offenses by contract haulers and recyclers.
Any contract hauler or recycler operating in the City without registration shall be guilty of a violation of this chapter and shall be punishable by a fine of not less than $1,000 nor more than $5,000. Each calendar day that such violation occurs or continues shall constitute a separate offense. Each registered vehicle shall be considered separately.
Should a registered business lose its privilege of collecting solid waste in the City because of violation of this chapter, its privilege may be reinstated with the posting of a performance bond in the amount of not less than $1,000 nor more than $5,000 for one year, which bond is returnable after a year. Additional bonds shall be required if there are further violations.
The bond shall be deposited into an interest-bearing escrow account. The interest shall become the property of the City. When the total number of bonds exceeds 50 or the principal in the escrow exceeds $50,000, the earliest bonds shall be forfeited to the City to reduce the total number to 50 or the total principal to $50,000.
The City may enter into formal arrangements with adjacent towns or villages or cities to accept their solid waste, provided that the towns, villages or cities have enacted a law as restrictive or more restrictive than this chapter and that the enacted law is compatible in all ways with this chapter.
Each intermunicipal agreement shall consider prior agreements with other municipalities and shall consider disposal fees and distribution of income generated from sale to secondary markets.
Government Operations Committee.
[Amended 2-26-1996 by Ord. No. 96-16]
The City's Government Operations Committee shall provide guidance and advice to the Department of Solid Waste. The Government Operations Committee may formulate modifications to this chapter and to the regulations and provide guidance and assistance to the Director of Solid Waste and to the Recycling Coordinator.
The Department of Solid Waste shall solicit the input of the Government Operations Committee for any proposed changes to this chapter and the regulations.
The Government Operations Committee meetings shall be open to the public for full discussion of all issues. Each meeting shall be publicly announced at least two weeks in advance, and an agenda shall be available at least two days in advance.
Effective date. This chapter shall take effect on September 1, 1992, and shall be implemented on November 15, 1992. During this period and before, there shall be an intensive program of public notification and education.
Collection of solid waste materials by the City of Schenectady. Only solid waste material generated from a private residence is eligible for City collection. City collection rules and regulations as to acceptable and unacceptable materials, preparation requirements, limitations, restrictions, and other applicable rules are published in the City of Schenectady Solid Waste and Recycling Brochure pursuant to § 161-4L.
[Added 2-24-2003 by Ord. No. 2003-3]