[Adopted 11-22-2004 by L.L. No. 2-2004[1]]
[1]
Editor's Note: The effective date of this
local law is 1-1-2005.
A.Â
It shall be the purpose of this article to provide
for the protection of the public health, safety and general welfare
of the people of the City of Schenectady by establishing rules and
regulations governing the generation, separation, storage, collection,
transportation, processing and disposal of solid waste within the
City limits; regulating residential, institutional and commercial
solid waste management; establishing regulations for licensure of
commercial solid waste collectors; establishing rules and regulations
governing the preparation, collection, transportation and disposal
of recyclable items in accordance with state law; and providing for
the proportionate distribution of the costs of regulation, collection
and disposal of solid waste among those benefiting from the services
provided by the City.
B.Â
The City of Schenectady finds that financing the costs
associated with the regulation, collection, removal and disposal of
solid waste through ad valorem tax levy inequitably burdens taxpayers
with the cost of providing general solid waste collection services
benefiting the community as a whole, including organizations exempt
from taxation.
C.Â
The City of Schenectady also finds that funding waste
collection services provided by the City through ad valorem levy disproportionately
burdens certain taxpayers, resulting in the subsidization of the costs
of the services provided to other residents arid taxpayers.
D.Â
To equalize this disparity and reduce the cost of
providing waste collection services, the City finds that it is in
the best interests of the City to adjust and reallocate the cost of
solid waste collection and disposal by assessing proportionate collection
fees on all users of the City's solid waste collection services and
to extend fee-based waste collection services to tax-exempt organizations
and institutions and to commercial, mixed-use and multiple residential
users, thereby reducing the burden shared by all taxpayers and limiting
that shared burden to the costs of general services benefiting the
City as a whole, continuing to fund the costs of such general services
by ad valorem tax, and proportionally allocating the cost of individual
collection and disposal services among the class of persons utilizing
the City's solid waste collection and disposal services.
The Commissioner of General Services, in addition
to other powers provided in this article, shall have the authority
and responsibility to:
A.Â
Enforce all provisions of applicable state and local
laws regulating residential, commercial and institutional solid waste
management, commercial solid waste collector licensure and recycling
in the City of Schenectady.
B.Â
Provide for the orderly administration of all applicable
state and local laws regulating solid waste collection and recycling
in the City of Schenectady.
C.Â
Promulgate rules and regulations regarding the methods
of collection of solid waste and recyclables for residential and commercial
users in the City of Schenectady.
D.Â
Add to or delete from the list of items to be recycled
and establish rules and regulations regarding the separation, preparation,
collection, transport and disposal of recyclables in accordance with
state and local law.
E.Â
Abate any solid waste-related health hazard or public
nuisance and charge the property owner the cost of the abatement.
Unpaid charges shall be the personal liability of the owner and shall
be a lien upon the real property upon which such hazard or nuisance
was found.
A.Â
For the purpose of this chapter, certain words and
phrases shall be defined as set forth in this section unless it is
apparent from the context in this chapter or from the context or definitions
as set forth in the regulations that a different meaning is intended.
Where not inconsistent with the context, the present tense shall include
the future, and words used in the plural shall include the singular
and vice versa. Furthermore, a masculine pronoun shall include the
feminine. The word "shall" is always mandatory and not merely directory.
B.Â
ASHES
CITY
COMMERCIAL SOLID WASTE
COMMERCIAL SOLID WASTE AND/OR RECYCLABLE COLLECTOR
COMMERCIAL SOLID WASTE MANAGEMENT
COMMERCIAL USER
CONSTRUCTION AND DEMOL1TION DEBRIS
CURBSIDE
DEAD ANIMALS
DUMPSTER
GARBAGE
GLASS
HAZARDOUS WASTE
HOUSEHOLD RECYCLING CONTAINER
INDUSTRIAL WASTES
INSTITUTIONAL SOLID WASTE
JUNK MAIL
LAW
LARGE HOUSEHOLD FURNISHINGS
MIXED RESIDENTIAL USE
METAL CANS
MULTIPLE RESIDENTIAL USER
NONRECYCLABLE RUBBISH
OCCUPANT
OWNER
PERSON
PLASTICS
PREMISES/PARCEL
PRIVATE HAULER
RECYCLABLE CONTAINER PRODUCT
RECYCLABLE PAPER PRODUCT
RECYCLABLE RUBBISH
RECYCLERS
REGULATION
RESIDENTIAL SOLID WASTE
RESIDENTIAL USER
SANITARY LANDFILL
SCAVENGING
SCRAP METALS
SOLID WASTE
SOLID WASTE DISPOSAL FACILITY
SOURCE SEPARATION
SPECIAL WASTES
WHITE GOODS
WRITTEN AUTHORIZATION (OF THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION)
YARD WASTE
As used in this chapter, the following terms shall
have the meanings indicated:
All the residue of the combustion of any type of solid fuel,
such as wood, coke, charcoal or like substances.
The City of Schenectady.
Solid waste originating in and around commercial establishments,
industrial establishments and institutions.
A person engaged in the business of collection, removal,
transportation or disposal of commercial or institutional solid waste
or recyclables with or without charge or payment.
The purposeful, systematic control of the generation, separation,
storage, collection, processing and disposal of commercial and institutional
solid waste.
An improved parcel of land which is designed for or occupied
by or for commercial or business use.
As set forth in 6 NYCRR Part 360, Regulations.
Beside both the paved public road and the driveway into a
person's property, but not on the paved or traveled portion and not
within the person's property on a private roadway more than five feet
from the edge of the public street.
Those that die naturally or from disease or are accidentally
killed. It shall not include condemned animals or parts of animals
from slaughterhouses or similar places (including custom slaughtering
and private residential slaughtering), which are regarded as industrial
wastes.
A container which is used for the temporary storage of solid
waste.
Putrescible solid waste, including animal and vegetable waste
resulting from the handling, selling, preparation, cooking or storing
of foods. Garbage originates primarily in home kitchens, stores, markets,
restaurants, cafeterias and other places where food is stored, prepared
or served. Garbage shall not include yard solid waste.
Empty washed jars, bottles and containers of glass with rings
and caps removed. This term may exclude ceramic ware, auto glass,
mirrors, kitchenware, window glass and stained glass.
A solid waste or combination of solid wastes which, because
of its quantity, concentration or physical, chemical, or infectious
characteristics, may cause or significantly contribute to an increase
in mortality or an increase in serious irreversible or incapacitating
reversible illness, or pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported, disposed or otherwise managed.
The container specified by regulation to be the container
used by City residents to contain recyclable materials,
Includes the solid waste that accumulates in or upon the
land used for manufacturing, industrial, wholesale and slaughterhouse
purposes and also includes sludge, chemical and hazardous waste. Such
materials will not be collected by the City of Schenectady.
Solid waste originating in and around tax-exempt hospitals,
not-for profit agencies and residential users, and public and/or private
tax-exempt charitable, educational, philanthropic or religious institutions.
All solid waste from institutions not included in this definition
shall be considered commercial solid waste.
Paper brochures and envelopes including window envelopes,
office paper, FAX paper, letterhead stationary, writing paper and
any paper received in the mail.
The City of Schenectady's Solid Waste Management and Mandatory
Recycling Law; this article.
Large and/or bulky articles used in the home and which equip
it for living, including but not limited to chairs, sofas, tables,
beds, mattresses and carpets.
A structure designed for and consisting of one or more residential
dwelling units and a portion of which is devoted to business, professional
or commercial use.
Ferrous, nonferrous and composite cans and containers cleaned
of any waste and labels. The term does not include these cans which
are nonrecyclable rubbish.
A structure designed for and consisting of four or more private
residential dwelling units.
Solid waste components which cannot be reused or recycled.
An owner occupying premises which he or see owns or controls
or a tenant or renter of such premises.
The owner of premises within the City or another person who
has agreed to be the owner's agent for purposes of fulfilling the
owner's obligations under this article.
One or more individuals, a partnership, corporation, firm,
association, trust, estate or governmental entity or any other entity
living within or conducting business within the City.
Items manufactured from man-made thermoplastic polymers.
The actual kinds of polymeric compounds and/or items and their preparation
shall be set by regulation.
A building or group of buildings constituting a single property
and the lot or parcel of land on which such building or buildings
are located.
Any person who removes solid waste from a person's place,
for or not for a fee, with the person's consent.
Includes but is not limited to glass, plastic and metal cans.
Includes but is not limited to newspapers, magazines, corrugated
cardboard and craft paper.
Those items which are marketable and which may include but
not be limited to metal cans, glass, scrap metal, discarded newspapers,
magazines, corrugated cardboard, plastic, white goods, yard waste
and tires.
Those who deal with recyclable materials as collectors, separators
and/or marketers. This term shall include not-for-profit corporations
and charitable corporations which collect recyclables for fundraising
purposes.
Any action or interpretation by the City permitted by this
article.
Solid waste originating in and around residential premises,
including all residential users and such multiple residential, mixed
residential and/or commercial users as may elect and be approved by
the Commissioner to receive City solid waste collection services.
A residential property containing no more than three single-family
living units, which includes a single-family home or apartments, townhouses,
and/or condominiums having not more than three living units.
Land used for the authorized depositing of solid waste by
engineered methods. Sanitary landfill includes a type of operation
in which wastes are deposited in or on land by a plan utilizing the
principles of engineering to confine the waste to the smallest practical
volume, to cover it with a layer of earth at least at the conclusion
of each day's operation and to accomplish all this without creating
nuisances or hazards to public health or safety.
The uncontrolled and unauthorized picking, sorting and removal
of solid waste either before, during or following disposal.
One-hundred-percent-metal objects, including but not limited
to desks, bedsprings, bicycle parts, wheels, cast-iron sinks, metal
car parts and other ferrous and nonferrous metals.
Materials or substances which are discharged or rejected
as being spent, useless, worthless or in excess by the owner at the
time of such discard or rejection and shall include garbage, yard
waste, recyclable rubbish, white goods, large household furnishings
and nonrecyclable rubbish generated by any person. The term shall
not include sewage, sludge or liquid-diluted material.
Includes any fixed facility that is established, maintained
and operated, either as its primary function or in support of some
other facility or operation, for the transfer, treatment and/or disposal
of solid waste. It includes but is not limited to any facility that
is established for the purpose of transferring, baling, composting,
incinerating, recycling, shredding or landfilling any solid waste
or any combination of functions thereof.
The separation, as specified in the regulations, of solid
waste into recyclables and nonrecyclables before it is placed for
collection or taken to a recycler for disposal.
Hazardous wastes, including but not limited to those wastes
that can cause severe injury or disease during the normal storage,
collection and disposal cycle, including explosives, flammables, pathological
and dangerous chemicals or combinations of chemicals and all hazardous
waste as defined by the New York State Department of Environmental
Conservation regulations, 6 NYCRR Parts 365 and 366, and all other
related regulations. Such material will not be collected or disposed
of by the City.
Large and/or bulky articles used in the home and which equip
it for living, including but not limited to refrigerators, washers,
dryers, stoves and hot-water heaters ordinarily operated by gas, wood
or electric current.
Includes a valid permit issued lo the applicant as written
evidence of a verbal agreement existing between the applicant and
the Department or written evidence of an existing exemption given
by the Department.
Grass clippings, leaves, cuttings from shrubs, hedges and
trees and garden solid waste. Yard waste shall not include stumps,
large rocks or stones or large quantities of dirt or construction
debris.
[1]
Editor's Note: This section of definitions
was adopted with the stated intent to "govern the whole of this article,
as amended."
The owner(s) of every premises within the City
shall be responsible for compliance with the provisions of this article
and shall remain responsible therefor, regardless of the fact that
this article may also place certain responsibilities on the occupants
thereof and regardless of any agreements between owners or occupants
as to which party shall assume such responsibility.
A.Â
The Department shall collect and dispose of all residential
solid waste (including institutional, mixed residential and multiple
residential users electing to receive and which qualify for City solid
waste collection service) originating in the City, and, as further
limited by this article, all solid waste from such commercial uses
as may elect and qualify to receive City solid waste collection services.
Such solid waste shall be stored and prepared for collection by property
owners and occupants in accordance with the provisions of this article.
B.Â
At the discretion of the Commissioner of General Services,
the Department may collect and dispose of commercial, institutional,
multiple residence and mixed residential use solid waste originating
in the City if the Commissioner determines that collection from such
users can be accomplished using existing staff and equipment and without
compromising the services provided by the City to residential uses.
The Department shall not collect industrial, infectious or hazardous
waste.
C.Â
The Commissioner may promulgate regulations covering
the items of collection of solid waste and the fees charged therefor,
and such other matters pertaining to the public collection and disposal
of solid waste as he/she may deem necessary, provided that such regulations
are not contrary to the provisions hereof.
D.Â
Except as provided within this chapter, the City shall
collect residential solid waste originating in the City as defined
by this chapter once each week. The City shall collect white goods
originating in the City as defined by this chapter once each month,
on the third solid waste pickup day for each garbage district. All
other collections will be made at a frequency determined by the Commissioner
to be necessary consistent with the public health.
[Amended 3-13-2023 by Ord. No. 2023-04]
E.Â
All residential users (excepting institutional residential
users which do not elect to receive City waste collection services)
will be provided with waste collection services by the City and shall
pay for such services at the rates herein prescribed.
F.Â
Commercial, institutional, multiple residential and mixed residential users, excepting those which elect to receive and are approved to receive City solid waste collection services, must provide for the lawful collection and disposal of solid waste and recyclables and must establish to the satisfaction of the Commissioner that a licensed commercial solid waste and/or recyclable collector is providing collection and disposal services for the user and that solid waste collection is being made at a frequency determined by the Commissioner to be consistent with public health requirements. Failure to provide for adequate collection and disposal services or to provide satisfactory proof to the Commissioner shall constitute a violation and shall be subject to the penalties provided by Chapter 1, Article I, § 1-14.1.
G.Â
The Commissioner is authorized, after a time/volume
study has been conducted of a mixed-residential, multiple residential,
commercial and/or institutional use parcel, to enter into service
agreements with such entities for the collection of solid waste and
to assess a fee for collection services for that parcel based upon
the amount of solid waste generated, consistent with the user fees
prescribed by this chapter and adopted annually by resolution of the
City Council.
Unpaid waste collection fees shall be the personal
liability of the owner and shall be a lien upon the real property
in connection with which solid waste collection is offered as and
from the 30th day of the month following the billing date for each
quarterly installment and such indebtedness shall be subject to sale
or assignment by the City to the extent permitted by law.
The Commissioner may order the discontinuance
of a multiple residence, mixed-use residence, institutional and/or
commercial user's public collection service when, after due notice,
the user has not paid user fees upon direct billing by the City or
after such delinquent fees have become a lien upon the real property.
Upon discontinuance of public collection service for nonpayment of
user fees, the user must establish to the satisfaction of the Commissioner
that a licensed commercial solid waste and/or recyclable collector
will service the user.
The Director of Finance shall establish and
maintain a separate solid waste collection fund to record and control
the financial activity related to the provisions of solid waste collection
by the City. This fund shall be maintained on the same fiscal year
as that of the City. Each year the Mayor, at the time of the submission
of the annual budget estimate to the City Council, shall submit a
statement of estimated revenues, expenditures and changes in the fund
as well as the fund balance for the current fiscal year, together
with an estimate of expenditures for the next fiscal year. The Mayor
shall also, at the same time, recommend a basic rate sufficient to
meet the estimated expenditures for the next fiscal year, taking into
consideration the estimated surplus or deficit accruing from the fund
operations in the current year and other sources of revenue.
A.Â
Annual determination of fees.
(1)Â
The Mayor as a part of the budget process shall propose
the fees charged by the City for solid waste collection and disposal
services annually. A schedule of the annual collection fees shall
be approved by the City Council by resolution and maintained on file
in the Commissioner's office and in the office of the City Clerk.
(2)Â
Fees assessed for solid waste collection services
provided by the City shall not exceed the full cost of providing said
service. Any surplus of funds in any year shall be carried over to
the following year and shall be used solely to fund solid waste collection
services provided by the City.
B.Â
Exemptions:
(1)Â
Any person who because of age or disability shall qualify for exemption from City real property taxes pursuant to Chapter 234, Article I, § 234-1, and is an owner and occupant of any premises receiving waste collection services provided pursuant to this article, shall be charged a reduced fee for solid waste collection and disposal services in the total sum of $100.
(2)Â
Any residential user eligible for STAR tax exemption
from City real property taxes, upon demonstrating that only one unit
of a two- or three-unit residential parcel is occupied as their residence,
all other units being permanently vacant, after certification to the
Commissioner and inspection, pursuant to regulations promulgated by
the Commissioner and approved by resolution of the City Council, shall
pay only the annual base unit fee.
C.Â
For-profit mixed residential, multiresidential and commercial users: The annual fee shall be based upon that user's proportional share of the cost of waste collection services not funded by ad valorem tax, the formula for which shall be determined annually by the Commissioner, recommended to the Mayor, and adopted by resolution of the City Council. The Commissioner, consistent with the formula adopted by the City Council, is authorized to negotiate fees pursuant to § 161-21G of this article, based on volume and time requirements for collection, provided that such fees shall in all instances cover at a minimum the costs of providing the service.
D.Â
Not-for-profit institutional users. The annual fee shall be based upon that user's proportional share of the total cost of waste collection services, the formula for which shall be determined annually by the Commissioner, recommended to the Mayor, and adopted by resolution of the City Council. The Commissioner, consistent with the formula adopted by the City Council, is authorized to negotiate fees pursuant to § 161-21G of this article, based on volume and time requirements for collection, provided that such fees shall in all instances cover at a minimum the costs of providing the service.
[Added 12-27-2010 by Ord. No. 2010-20]
A.Â
Failure
to comply with the terms of this chapter shall be a violation as defined
by the Penal Law of the State of New York and shall be punishable
by a fine not exceeding $1,000 or imprisonment not exceeding 15 days
for each day of violation, or by both such fine and imprisonment,
or by a penalty of not less than $350 nor more than $1,000 for each
day of violation to be recovered by the City in a civil action.
B.Â
A separate
offense shall be deemed committed on each day during or on which noncompliance
with the terms of this chapter occurs or continues unabated after
the time limit set for abatement of the violation.
C.Â
Any person
issued a notice of violation pursuant to any provision of this chapter
shall be subject to an administrative fee of $50, and such administrative
fee shall be charged against the land upon which the notice of violation
was issued as a municipal lien or such administrative fee shall be
added to the tax rolls as an assessment or levied as a special tax
against said property or recovered in a civil suit against the person
to which the notice of violation was issued.
