LOCAL LAW NO. 4 OF 1990

A LOCAL LAW PROVIDING FOR THE MANDATORY COLLECTION AND DISPOSITION OF RECYCLABLES IN DUTCHESS COUNTY

BE IT ENACTED by the County Legislature of the County of Dutchess, State of New York, as follows:

Section 1.  Purpose.

     Whereas, the conservation, recovery, and reuse of recyclable materials is now a necessity in order to conserve natural resources, reduce the impact of the ever increasing cost of solid waste disposal, ensure safe processing of solid waste, help maximally reduce the quantity of solid waste that must be disposed of and preserve capacity at the solid waste management/resource recovery facilities, it is the intent of the Dutchess County Legislature to establish a resource recovery system which includes the mandatory separation of recyclable material from solid waste in the county.

     The purpose of this local law of the County of Dutchess is to regulate as a proper governmental function, the separation of recyclable material from the solid waste by persons within the county.

Section 2.  Statutory Authority for Local Law.

     This local law is adopted pursuant to Section 10 of the Municipal Home Rule Law, (Section 2047-t(3) of the Public Authorities Law) and Local Law #1 of 1984, it being the intent of this Legislature that both Local Laws should provide a comprehensive regulation of the solid waste stream in the county.  Nothing in this local law shall be deemed to conflict with or supersede Local Law #1 of 1984.

Section 3.  Definitions.

     As used in this local law, the following terms shall have the following meanings:

     “Agency” shall mean the Dutchess County Resource Recovery Agency created under Chapter 675 of the Laws of 1982 of the State.

     “Aluminum Products” shall mean uncontaminated aluminum packaging, such as pie plates and frozen dinner trays.

     “Cans” shall mean containers comprised of aluminum, tin, steel, or a combination thereof, which contain or formerly contained only food and/or beverage substances.

     “Cardboard” shall mean all corrugated cardboard normally used for packing, mailing, shipping or containerizing goods, merchandise or other material, but excluding plastic, foam or wax-coated or soiled cardboard.

     “Commingled” shall mean source separated, non-putrescible, non-contaminated recyclable materials that have been placed in the same container.

     “Commissioner” shall mean the Commissioner of Solid Waste Management of the County.

     “County” shall mean the entire County of Dutchess as constituted and existing under the Laws of the State.

     “Economic Markets” shall mean instances in which the full avoided costs of proper collection, transportation and disposal of source separated materials are equal to or greater than the cost of collection, transportation and sale of said materials less the amount received from the sale of said material.

     “Garbage” shall mean putrescible animal, fish, fowl, fruit or vegetable waste incident to and resulting from the use, preparation, cooking and consumption of food.

     “Glass” shall mean all products made from silica or sand, soda ash and limestone, the product being transparent or translucent and being used for the packaging or bottling of various matter and all other material commonly known as glass excluding, however, ceramics, light bulbs, blue and flat glass and glass commonly known as window glass.

     “Major appliances” shall mean large and/or bulky household appliances (refrigerator, washer, dryer, stove, etc.) ordinarily operated by gas or electric current.

     “Municipality” shall mean any county, city, town, village, improvement district (or a county, city, town or village acting on behalf of an improvement district), public benefit corporation, municipal corporation, political subdivision, government agency, department or bureau of the state of federal government.

     “Newspaper” shall mean all uncontaminated paper commonly referred to as newsprint and distributed at stated intervals, usually daily or weekly, having printed thereon news and opinion and containing advertisements and other matter of public interest, and shall include supplements, comics and enclosures.

     “Office paper” shall mean all bond paper including computer print-outs, stationery, photo copy, and ledger from commercial waste generators.

     “Person” shall mean any natural person, individual, partnership, co-partnership, association, owner or manager of a business, commercial or industrial establishment, joint venture, corporation, trust, estate or any other legal entity inclusive of a municipality or any other waste generator.

     “Plastic” shall mean all containers made from high density polyethylene or polyethylene terephthalate (PET) including, but not limited to bottles having contained the following products: milk, water, juice, detergent, bleach, antifreeze and soda; or other resins that may be designated as a recyclable material in accordance with this law once economic markets exists.

     “Recyclable commercial and industrial by-products” shall include all materials which are by-products of production utilized in production or sale after sale by a commercial enterprise or industrial enterprise.

     “Recyclable material” shall mean office paper, cardboard, newspaper, cans, glass, and plastic, aluminum products, tires, major appliances and such other materials as may be designated by the Commissioner and the Recyclables Oversight Committee in accordance with this law.

     “Recyclables Oversight Committee” means the committee established and appointed pursuant to this local law.

     “Recyclers” shall mean those who deal with recyclable material both as collectors, separators and marketers.  This definition shall include not-for-profit corporations and charitable corporations which collect recyclables for fund raising purposes.

     “Recycling” shall mean any process by which materials, which would otherwise become solid waste, are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.

     “Solid waste” shall mean all materials or substances discarded or rejected within the County of Dutchess as being spent, useless, worthless, or in excess to the owners at the time of such discard or rejection, including, but not limited to garbage, refuse, industrial and commercial waste, sludges 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 special nuclear or by-product material within the meaning of the United States Atomic Energy Act of 1954, as amended, and waste which appears on the list of hazardous waste promulgated by the Commissioner of Environmental Conservation pursuant to Section 27-0903 of the Environmental Conservation Law of the State.

     “Solid waste management-resource recovery facility” shall mean any facility, plant, works, system, building, structure, improvement machinery, equipment, fixture or other real or personal property which is to be used, occupied or employed for the collecting, 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, but not limited to, recycling centers, transfer stations, baling facilities, rail haul or maritime facilities, collection vehicles, processing systems, resource recovery facilities, steam and electric generating and transmissions facilities, including auxiliary facilities to supplement or temporarily replace such generating facilities, steam distribution facilities, sanitary landfills, plants and facilities for compacting, composting or pyrolization of solid wastes, incinerators and other solid waste disposal, reduction or conversion facilities and resource recovery equipment and disposal equipment as defined in subdivisions four and five of Section 51-0903 of the Environmental Conservation Law of the State of New York.

     “Source separation” means the segregation of recyclable materials from the solid waste stream at the point of generation for separate collection, sale or other disposition.

     “State” shall mean the State of New York.

     “Uncontaminated” shall mean free of materials that are not recyclable or free of materials that, if present, either reduce the value of a recyclable material or render it unrecyclable.

     “Vehicular tires” shall mean tires from cars and trucks and their casings.

     “Yard Waste” shall mean grass clippings, leaves, and cuttings from shrubs, hedges, trees, brush and garden debris.

Section 4.  Designation or Removal of Recyclable Materials.

     In addition to the recyclable materials defined in Section 3 of this law, the Commissioner, subject to Section 17 of this local law, shall be authorized to designate recyclable materials to be separated from other solid waste or to remove previously designated recyclable materials from the list of recyclable materials.

     If removal of the recyclable material is based upon the lack of an economic market for the material in accordance with Section 120-aa of the General Municipal Law, then the Commissioner shall conduct such studies as he deems necessary and proper to establish the lack of an economic market, and shall state specifically in the notice of his action removing the recyclable material and the grounds for his action and shall make all studies upon which his determination is based.  Such designation or removal shall be made in writing, published in the Environmental News Bulletin and the official newspapers of the County, and shall take effect thirty (30) days after such publication.

Section 5.  Program Established.

     A program is hereby established for the mandatory source separation of recyclable materials within the County.  All persons shall separate recyclable materials from solid waste before either setting out solid waste for collection pursuant lawful procedure or disposing of it at an authorized solid waste management/resource recovery facility.

Section 6.  Preparation, Separation, and Ownership of Recyclable Materials.

     (a)  The commissioner, from time to time, may promulgate rules and regulations specifying requirements for preparation of recyclable materials.  Such rules and regulations shall be promulgated in accordance with Section 16 hereof.  All persons shall prepare recyclable materials in accordance with the Commissioner’s rules and regulations.

     (b)  All recyclable materials shall be placed in a separate container or containers.

     (c)  Once deposited in the containers, all recyclable materials become the property of the county.

Section 7.  Recycling of source separated materials.

     (a)  Upon the effective date of this Local Law after adequate notice has been published, posted and publicized for a garbage and refuse district or for a particular collection area, all persons in the county shall separate recyclable materials for the purposes of collection and recycling.  Where permitted by the rules or regulations of a municipality or private hauler, different types of recyclable materials may be commingled.

     (b)  No person shall dispose of recyclable materials except as directed by the Commissioner pursuant to this Local Law, or if the Commissioner has not acted, the Municipality.

     (c)  The Commissioner may, from time to time, as required, alter, delete, or add designated recyclables based on market availability, technology or other factors, subject to Section 17 of this law.

     (d)  Source separated recyclable material placed for collection shall be collected and retained separately from garbage and shall be transported to a solid waste management–resource recovery facility/or facilities as designated by the Commissioner of Solid Waste Management, as more fully set forth herein.

     (e)  All collectors of designated source separated solid waste shall be responsible for proper collection of recyclable materials that have been separated at the point of generation and the collector of such recyclable materials shall be responsible for transporting such recyclable materials to a designated solid waste management/resource recovery facility as shall be determined by the Commissioner.

     (f)  All solid waste management/resource recovery facilities, whether municipal or private, shall provide adequate facilities for the acceptance of recyclable materials and further, no such facility or collector shall accept solid waste unless the materials designated by the Commissioner as recyclable materials are separated therefrom.

     (g)  Nothing in this Local Law shall be deemed to make it unlawful to dispose of recyclables by means of donating them to a recycler.

Section 8.  Private Drop-off Program for Multi-Domicile Buildings and Complexes.

     (a)  There is hereby established a program (“private drop-off program”) for the source separation and delivery to a recycling drop-off of recyclable materials from all residents of apartment complexes, condominium complexes, cooperative apartments, hotels, motels, bungalow or resort colonies.

     (b)  The owner of and manager of every multi domicile building or complex, within the county shall provide and maintain, in a neat and sanitary condition, recycling drop-off(s) to receive all recyclable materials generated by residents of the building or complex.  In cases where a condominium association exists, the condominium association shall be responsible for provision and maintenance of the recycling drop-off(s).  It shall be the tenant’s responsibility to separate designated recyclable materials from the solid waste and deposit the recyclables in the facilities provided by the owner.

     (c)  The owner or manager of every multi domicile building or complex shall arrange for the collection for recycling of all recyclable materials from said drop-offs.

Section 9.  Reporting to Commissioner.

     All collectors of recyclables shall be required to keep and maintain records reflecting the tons of recyclable materials collected and to report the results of such collection to the Commissioner on a quarterly basis.

Section 10.  Regulated Waste Haulers and Collectors.

     Any waste hauler licensed under the provisions of Local Law #1 of 1984 and the Rules and Regulations of the Commissioner of Solid Waste Management shall be subject to the provisions of this Local Law.

Section 11.  Designated Solid Waste Management Facilities.

     The Commissioner is hereby delegated the authority to designate appropriate solid waste management/resource recovery facilities for the purposes of recyclable materials processing and disposition.  A person shall deliver recyclable materials only to a solid waste management/resource recovery facility designated by the Commissioner.  However, if no facility is designated, the collector of a particular recyclable material may deliver recyclable material to an appropriate facility.

Section 12.  Separation and Collection of Tires and Major Household Appliances.

     Deleted.

Section 13.  Preparation and Disposal of Residential Yard Waste.

     (a)  All yard waste shall be separated from solid waste.  It shall be unlawful to place such material in a solid waste management-resource recovery facility.

     (b)  Each city, town and/or village within the county may provide, or obtain rights in, a site for the disposal of residential yard waste.

     (c)  Yard Waste may be composted at a site or sites designated by the municipality or at a facility as may from time to time be designated by the Commissioner of Solid Waste Management.

     (d)  This section shall not prohibit private composting, or onsite disposal in compliance with any existing law, of yard waste by any individual.

Section 14.  Unlawful Activities; Nuisances.

     It shall be unlawful for:

(1)  Any person, other than those persons authorized, to collect any recyclable material which has been placed at the curb or roadside for collection or within a recycling drop-off pursuant to this law or to scavenge or remove any articles from any containers.

(2)  Any person to violate or to assist in the violation of any provision of this law.

(3)  Any person to place or to cause to be placed any material other than a recyclable material in or near a recycling drop-off.

(4)  Any person to hinder, to obstruct, to prevent or to interfere with the county or any other authorized persons in the performance of any duty under this local law or in the enforcement of this local law.

(5)  Any person to commingle in a landfill or other solid waste management-resource recovery facility, any designated recyclable with solid waste.

(6)  Any person to operate a landfill or other solid waste management-resource recovery facility without adequate provisions for the collection of source separated recyclable materials.

(7)  Any person to dispose of or place tires, yard waste or household appliances (white goods) in a landfill or other solid waste management-resource recovery facility.

Section 15.  Enforcement: Penalties for Persons Violating.

     (a)  Any person who violates this Local Law shall be guilty of an offense and subject to a fine.  Conviction of a first offense provided by this article shall be punishable by a fine of fifty dollars ($50), and in addition, anyone convicted of a first offense hereunder shall be liable to pay a civil penalty of fifty dollars ($50).  Conviction of a second offense within a year of the first defense shall be punishable by a fine of one hundred dollars ($100), and in addition anyone convicted of a second offense thereunder shall be liable to pay a civil penalty of one hundred ($100), and in addition anyone convicted of a subsequent offense thereunder shall be liable to pay a civil penalty of one thousand dollars ($1000).  Where applicable, a person who violates this Local Law may be subject to suspension or revocation of collecting, receiving, transporting and/or disposing privileges in conjunction with solid waste disposed within the county.

     (b)  Each and every act of disposal committed which is prohibited hereunder shall be deemed a separate violation of this Local Law.

Section 16.  Rules and Regulations.

     The commissioner may from time to time by resolution promulgate rules and regulations consistent with the provisions of this Local Law in order to effect the purposes thereof.  The procedure for rule making shall be as follows:

     (a)  The proposed rules or synopsis thereof shall be published twice in the official newspapers of the County.  Such publications shall contain a notice of public hearing, which shall be held by the Commissioner at a convenient facility open to the public on no less than 30 days notices;

     (b)  the Commissioner shall prepare the record of the public hearing and shall prepare a document responding to the comments received by the Commissioner at the public hearing.  The record of public comment and the response document shall be made available for public review;

     (c)  the final rules, or synopsis thereof, shall be published in the same manner as the proposed rules no less than 10 days after the response document is made available for public review.  The final rules shall take effect 20 days after publication.

Section 17.  Recyclables Oversight Committee.

     A committee consisting of not more than seven (7) members to be appointed by the Dutchess County Legislature and the County Executive is hereby created and established for the purpose of advising the Commissioner of Solid Waste Management regarding adding or removing materials from the definition of recyclable materials; establishing procedures and operating standards for municipal recyclable material collection points; monitoring the progress toward meeting the percent reduction goals established in the 1988 State Law; and such other matters as the commissioner or committee may suggest.  Three members shall be appointed by the County Executive; three members shall be appointed by the County Legislature and one member shall be appointed jointly by the County Executive and County Legislature.  The members of the oversight committee shall consist of an appointee from the following:

(1)  Resource Recovery Agency Ad Hoc Recycling Committee;

(2)  Town Supervisor’s Association;

(3)  Environmental Committee of the County Legislature;

(4)  Carting Industry;

(5)  Environmental Management Council;

(6)  County Mayor’s Association

(7)  Group of Local Recycling Coordinators in the County.

     The above mentioned appointments shall be for a three year term from the date of appointment.  No member shall serve more than two full three year terms.  A chairman shall be elected by the members of the oversight panel at its first regular meeting and the panel shall adopt operating by-laws as they deem appropriate.  The committee shall meet at least quarterly and the majority of the members shall constitute a quorum.  Any recommendation issued by the committee shall be approved by a majority of its membership.  The commissioner shall request and receive the recommendation and approval of the committee before he orders the removal or the addition of any material from designation as a recyclable material, except that if such recommendation and approval is not received within thirty days after request by the commissioner he may act without such recommendation.

Section 18.  Separability.

     If any section, provision, or part thereof, in this Local Law, or the application thereof to any person or circumstances, is adjudged invalid or unconstitutional by a court of competent jurisdiction, then such adjudication shall not affect the validity of the remainder of the Local Law or the validity of the Local Law as a whole of any sections, provisions, or part thereof, not so adjudged invalid or unconstitutional and the application of the Local Law or any section, provision or part thereof, to other persons or circumstances shall not be affected by said adjudication.    

Section 19.  Priority.

     Pursuant to Section 1 of Chapter 675 of the Laws of 1982 of the State of New York, this local law takes precedence over and shall supersede any inconsistent provisions of any local law enacted by any municipality within the county.

Section 20.  Effective Date.

     This local law shall be effective throughout the county on January 1, 1991, except that this local law shall not be effective with regard to recyclable materials generated by commercial establishments until July 1, 1991.  For the purposes of this section, the term “commercial establishments” means businesses which are operated for profit.