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Local Law No.3 of 1991
1: A new law entitled "Solid Waste, Reuse and Recycling Law"
or also known as,
" Reuse and Recycle Law" Adopted on April 2, 1991 by The County Legislature of Monroe County, in the State of New York.
This was mandated by the New York Solid Waste Management Act of 1988, which requires all municipalities to adopt a local law or ordinance by September 1, 1992.
A. To institute a plan for the management of recyclable materials generated or originated in Monroe County.
B. Implement the express policy of the State of New York encouraging waste stream reduction through recycling
BEFORE WE DIVE INTO THE DUMPSTER,
Definitions Defined by Monroe County Legislature
"Persons" Means 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.
"Haulers" Means any person who collects and transports solid waste and/or recyclable materials within the county whether or not licensed by a municipality within Monroe County.
"Authorized Recycling Facility" Means any and all permitted or specifically exempt facility or facilities for processing, reprocessing and/or recycling Recyclable Materials which are specified in the rules and regulations promulgated pursuant to Section V(A) of this law. This term shall exclude incinerating facilities, waste-to energy facilities and landfills.
"Recycling or Recycled" Means 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.
"Solid Waste" Means all putrescence and non-putrescible solid waste generated or originated within the County, including, but not limited to, materials, or substances discarded or rejected, whether as being spent, unless, 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.
"Source Separation" Means the segregation of Recyclable Material and other recoverable materials from solid waste at the point of generation for separate collection, sale or other disposition.
"Waste Stream Reduction Program" Includes Source Separation, recycling programs, changes to the packaging portion of the waste stream to reduce solid waste generate, 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 paragraph, such waste stream reduction programs shall not include the processing of waste for incinerating or disposal by landfill or other means.
"Recyclable Material" Means any solid waste generated or originated within the County as designated in the rules and regulations promulgated her under, which may include but not limited to the following
Containers: Aluminum, Glass Food and Beverage Containers, Metal cans, Plastics, Paper, Corrugated (wood pulp based material), High grade paper, magazines, newsprint.
Section VII Waste Delivery and Disposal; Source Separation.
A. Solid Waste generated or originated within the County 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 regulation promulgated her under. translation; recycling must be seperated from your trash
2. Source separated materials shall not be commingled with other solid waste during collection, transportation, processing or storage following collection. translation; you cannot mix recycling with your trash during any part of the collection process.
*3. All source separated materials generated or originated within the county must be delivered to an Authorized Recycling Facility or handled through a Waste Stream Reduction Program. translation; recycling cannot be thrown in your trash and it must be taken to a recycling center.
Also under section VII , subdivision
D. No Facility other than an Authorized Recycling Facility shall accept for disposal recyclable materials which have been source separated translation; landfills cannot dump recycling within
Section VIII Collection of Recyclables
Only persons acting under the authority of a "Hauler" or the County 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, pick up or removal shall constitute a separate violation of this law. Provided, however, where the Hauler or the county refused to collect recyclable materials because they have not been separated, placed or treated in accord with the provisions of this law, the person responsible for initially placing those materials for collection may and shall remove those materials from the curb, sidewalk, street or other designated collection place. translation; hauler can and should refuse to collect waste that has recycling mixed in
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. Any and all recyclable materials placed in a county supplied container at curbside or at any designated collection place shall immediately become the property of the county. translation; a person may do whatever they would like with their recyclables as long as it is not placed in such a way that it would be mistaken for trash.
Paragraph 4 Haulers shall offer or cause to be offered collection service for all recyclable materials to all residential 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.
**Paragragh 6 Haulers shall not accept for collection solid waste which has not been source separated in conformity with the regulations promulgate her under and shall leave a notice with the generator informing the generator of why the solid wast or recyclable materials were not collected, unless the hauler reports the violation to the appropriate public officials pursuant to section XI herein. translation; haulers should not take any waste that the recyclables have not been removed. Haulers should give notice to their customer why their waste was not picked up and/or report the incident to the appropriate authorities
Section XI Enforcement
A. Inspections and Appearance tickets.
- All portions of vehicles and containers used to haul, transport or dispose of recyclable materials, including such containers placed outside the residences, shall be subject to inspection to ascertain compliance with this law and rules, regulations or orders promulgated her under, by any police officer, peace officer, or any other public official designated by the county or municipality.
- Police officers, peace officers, and the specified public officials are Herby authorized and directed to issue appearance tickets for violations of this law.
Civil Sanctions. The county may commence a civil action to enjoin to obtain any other available legal or equitable remedy for any failure to comply with this radiance.
Criminal Penalties In addition to the civil sanctions provided herein, failure to comply with this law or the rules and regulations promulgated hereunder shall be a violation as defined in section 55.10 of the penal law and penalties may be imposed thereunder and/or under section 10 of the "Municipal Home Rule Law" Appeals may be taken by the aggrieved party in the same way as any appeal of a violation under penal law 55.10
Any penalties or damages recovered or imposed under this law are in additon to an other remedies available at law or equity
The law database, public.legalinfo.state.ny.us,Published by, Messers, Thomas and Fedele;
Local Law No. 3 of 1991 enacted by The Legislature of the County of Monroe.
NYS Penal Law, subdivision; Enviormental Conservation Law ( ECL) sections 27-0101 through 0109
The law was adopted puruant to Chapter 345 of the Laws of 1975 of the State of NY as amended Chapter 541 of the Laws of 1976 of the State of NY, ammended chapter 552 of the laws of 1980 of the State of NY as amended to institute a plan for the management of recyclable materials generated or originated in Monroe County