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'.'''.ILOCAL LAW NO. 2 -2012A LOCAL LAW ENACTING A NEW ONONDAGA COUNTY SOURCE SEPARATION LAW, ANDREPEALING LOCAL LAW NO. 12-1989, AS AMENDED BY LOCAL LAW NO. 14-1991BE IT ENACTED BY THE ONONDAGA COUNTY LEGISLATURE OF THE COUNTY OFONONDAGA, NEW YORK, AS FOLLOWS:Section 1. Legislative Findings and PurposeThis Legislature finds and detennines that the Onondaga County Resource Recovery Agency ("OCRRA")has been administering a county source separation law for over 20 years and, through this administration,has reported that the best way to ensure proper recycling of all County Recyclable Materials is to requireonsite Source Separation of these materials by Waste Generators. This Legislature further finds anddetermines that OCRRA has ascertained that no entity is currently in the business of taking mixed streamsof Solid Waste and Recyclable Waste from Waste Generators and source separating them offsite. ThisLegislature further finds and determines that the penalties and enforcement p·rovisions in the priorOnondaga County Source Separation Law are outdated and need to be amended in order to deterviolations of the law.The purpose of the Onondaga County Source Separation Law is (a) to encourage and facilitate themaximum recycling practicable on the part of each and every household, business, apartment complex,industry, and institution within Onondaga County; (b) to establish, implement, and enforce minimumrecycling-related practices and procedures to be applicable to all Waste Generators, WasteHaulers/Recyclable Collectors, and Materials Recovery Facilities/Recycling Facilities located withinOnondaga County; and (c) to require onsite Source Separation by each and every Waste Generator withinOnondaga County and to ensure that those County Recyclable Materials that are Source Separated arerecycled properly and kept separate from Solid Waste.Section 2. DefinitionsFor purposes of this local law, the terms listed below shall be defined as follows:A. "County Recyclable Materials" means the following:i. Corrugated Paper: Cardboard containers, boxes and packaging, including pizza boxes, which arecleaned of contamination by food wastes or polystyrene commonly called Styrofoam, and which havebeen flattened for transport;ii. Glass: Empty, washed glass jars, bottles and containers of clear, green and amber (brown) thatcontained food and drink, caps removed. This term excludes ceramic, window glass, auto glass, mirrorand kitchenware;iii. Metal: All ferrous and non-ferrous metals, including: steel, aluminum and composite cans andcontainers (cleaned of food wastes) and empty aerosol cans that did not contain hazardous material.Scrap metal, wire, pipes, tubing, motors, sheet metal, etc. are recyclable but must be recycled throughscrap dealers;iv. Newspapers, Magazines, and Catalogues: Includes common machine finished paper made chiefly fromwood pulp used for printing newspapers, as well as glossy inserts, magazines and catalogues. All must be

'.free of contaminants;v. Office Paper: All bond paper, and also computer printout, stationery, photocopy and ledger paper ofany color from all Waste Generators. This term excludes carbon paper, chemical transfer paper and tyvekor plastic coated envelopes;vi. Plastics: All HDPE and PET type plastic bottles (#1 & #2), including empty, washed food, beverage,detergent, bleach and hair care containers. This term excludes all photographic film, vinyl, rigid andfoam plastic materials, as well as plastics numbered 3, 4, 6, and 7 and HOPE oil bottles, as well as #1 and#2 containers that are not bottles or contained hazardous material. Also included as a recyclable, all #5polypropylene containers, including baby bottles, cottage cheese/cream cheese containers, yogurt cups,margarine tubs, plastic ice cream containers, food storage containers, and take-out containers marked as#5 plastic;vii. Kraft Paper: As found in brown paper bags and package wrapping;viii. Beverage Cartons: Includes gable topped paper cartons that contained milk and juice products. Alsoincluded as a Recyclable, aseptic containers for juice, broth or soup;ix. Paperboard: Includes paper packaging as found in cereal, cracker and tissue boxes, etc. and toilettissue and paper towel tubes;x. Mixed Paper: Includes discarded and bulk mail, computer paper, colored paper, envelopes, greetingcards, wrapping paper and carbonless multi-part forms. Excludes any paper coated with foil or plastic;andxi. Soft Cover Books: Including paperback books, product manuals, and educational materials that do nothave a hard cover, nor a metal or plastic spiral binding.B. "Collection Service" means the collection, pick-up or removal of Solid Waste originating in anylocation within the County by a Waste Hauler pursuant to an arrangement with the Waste Gene ator.C. "Curb" means that street curb immediately in front of the property from which Solid Waste andCounty Designated Recyclable Materials are generated or, in the absence of an actual curb, that portion ofthe property which is immediately adjacent to the street.D. "Curbside Collection" means the use of collection receptacles for County Recyclable Materials,including, but not limited to, Recycling Containers for Waste Generators and the regular periodic transferof the contents of such receptacles by a Waste Hauler/Recyclables Collector to a Materials RecoveryFacility or Recycling Facility from the location of the Waste Generator.·E. "Disposal Facility" means .a solid waste management facility to which solid waste is delivered forpermanent disposal.F. "Materials Recovery Facility" means any person, firm, corporation or other entity in the business ofreceiving and processing Recyclables into marketable commodities for sale to end markets.G. "OCRRA" means the Onondaga County Resource Recovery Agency.H. "Person" means any individual, firm, company, partnership or corporation or other business entity.I. "Recyclables" means those materials defined in Section 2 above.

''''J. "Recyclables Collector" means any person, firm, corporation or other entity contracted with for thepurpose of collecting Recyclables from Waste Generators for delivery to a Materials Recovery Facility orRecycling Facility.K. "Recycle" means to process used materials into new products to prevent waste of potentially usefulmaterials.L. "Recycling Container" means the bin or other container supplied by the Onondaga County ResourceRecovery Agency for use by Waste Generators. Such containers shall be used exclusively for the storageof County Recyclable Materials. Such containers shall, at all times, remain the property of the OnondagaCounty Resource Recovery Agency.M. "Recycling Facility" means a public or private facility that receives Recyclables that have beenseparated from the waste stream for handling and resale to end markets without further processing.N. "Recycling Receptacle" means a tote, dumpster or similar container provided by a hauler, business,apartment complex or institution for aggregating Recyclables.0. "Recycling Services" means commercial services associated with the temporary storage, collection andtransport of recyclable materials by a Waste Hauler or Recyclables Collector to a Materials RecoveryFacility or Recycling Facility.P. "Solid Waste" or "Disposable Materials" means all. materials discarded as being spent, useless,worthless or in excess to the owners at the time of discard or rejection, including but not limited togarbage or refuse, but shall not include Recyclables, Yard and Garden Waste, human wastes, renderingwastes, major appliances, regulated medical waste, construction and demolition wastes, residue fromincinerators or other destructive systems for processing waste, junked automobiles, pathological, toxic,explosive, liquid, radioactive material or other waste material which, under existing or future federal,state or local laws, require special handling in its collection or disposal.Q. "Source Separation" means the segregation of County Recyclable Materials and Yard and GardenWaste from non-recyclable Solid Waste at the point of generation by Waste Generators, and theplacement of County Recyclable Materials into Recycling Receptacles for collection and delivery to aMaterials Recovery Facility or Recycling Facility.R. "Waste Generator" means any individual or person (as defined herein to include any individual, firm,company, partnership or corporation or other business entity) that produces Solid Waste requiring off-sitedisposal. Classifications of Waste Generator are as follows:i. Residential Waste Generator means any individual who resides in a single family residence orresidential building that produces Solid Waste requiring off-site disposal.ii. Nonresidential Waste Generator means the owner and/or operator of an Apartment Complex, aCommercial Facility, an Industrial Facility, or an Educational /Government Facility, referred to herein asApartment Complex Waste Generator, Commercial Property Waste Generator, Industrial Facility WasteGenerator and Educational/Government Waste Generator, that produces Solid Waste requiring off-sitedisposal.a. "Apartment Complex" means any building containing more than two residential units.b. "Commercial Property" means any office, retail location, warehouse or other general business setting.c. "Industrial Facility" means a factory or manufacturing site or plant.

d. "Educational/Governmental" facility means an entity that produces Solid waste at or from a public orprivate educational facility or governmental building.The tenn "Waste Generator" shall not include individuals or persons located in the Town or Village ofSkaneateles.R. "Waste Hauler" means any person, company, partnership or other entity engaged in the business ofproviding Collection Service pursuant to any contract, agreement, or other arrangement with any WasteGenerator, where Solid Waste is collected for disposal at a permitted solid waste disposal or transferfacility, or a municipal department or other governmental division responsible for collection of SolidWaste from some or all Waste Generators in Onondaga County.S. "Yard and Garden Waste" means grass clippings, leaves, brush, cuttings from shrubs, hedges and trees.Section 3. Source Separation and DisposalA. Every Waste Generator shall Source Separate, which means the segregation of County RecyclableMaterials from non-recyclable Solid Waste at the point of generation by Waste Generators, and theplacement of County Recyclable Materials into Recycling Receptacles for collection and delivery to aMaterials Recovery Facility or Recycling Facility.B. Every Waste Generator shall Source Separate Yard and Garden Waste from County Recyclables andSolid Waste, and shall dispose of Yard and Garden Waste pursuant to applicable local laws andordinances of the pertinent town, village or city.C. Every Waste Generator shall deliver or arrange for the delivery of County Recyclable Materials to aRecycling Facility or make source separated County Recyclable Materials available for collection by aWaste Hauler/Recyclables Collector and ultimate delivery to a Materials Recovery Facility or RecyclingFacility.D. No Waste Generator shall make Solid Waste that has not been Source Separated available forcollection by a Waste Hauler, a Recyclables Collector, or a Materials Recovery Facility.E. No Residential Waste Generator, Recyclables Collector, Materials Recovery Facility, or Waste Haulershall dispose or attempt to dispose of County Recyclable Materials or Yard and Garden Waste as SolidWaste.F. No Waste Generator, Recyclables Collector, Materials Recovery Facility, or Waste Hauler shalldispose or to attempt to dispose of Solid Waste as County Recyclable Materials or as Yard and GardenWaste.G. Every Waste Generator shall set out County Recyclable Materials for recycling collection in such amanner as to prevent the contamination of such County Recyclable Materials by Solid Waste.H. No Recyclables Collector, Materials Recovery Facility or Waste Hauler shall accept Solid Waste andCounty Recyclable Materials that have not been Source Separated or mix Solid Waste with CountyRecyclable Materials after accepting same.I. No Recyclables Collector or Waste Hauler shall deliver or attempt to deliver County RecyclableMaterials mixed with Solid Waste to a Materials Recovery Facility or Recycling Facility or dispose orattempt to dispose of such mixed materials as Solid Waste.

J. Every Waste Hauler and Recyclables Collector shall separately and properly label "trash" and"Recyclables" receptacles which it provides.K. No Materials Recovery Facility shall accept for processing or transfer Solid Waste mixed with CountyRecyclable Materials that has not been Source Separated or mix Solid Waste with County RecyclableMaterials after accepting same.·L. Every Commercial Property and Educational/Governmental Waste Generator that sells food or drinksfor onsite consumption at such facility shall provide for the onsite source separation and recycling ofGlass, Metal and Plastics (as defined herein under "County Recyclable Materials") in a manner that isreadily accessible to consumers.M. Every Apartment Complex Waste Generator shall provide recycling services for tenants, if the tenantis not required to directly arrange for such recycling services.N. Every Residential Waste Generator residing in an Apartment Complex shall Source Separate as hereindefined and place County Recyclable Materials into Recycling Containers for collection and delivery to aMaterials Recovery Facility or Recycling Facility.0. Every Waste Hauler and Recyclables Collector shall provide Recycling Services to their WasteGenerator customers, unless it can be demonstrated that the Waste Generator customer has separatelyarranged for the transportation of Source Separated County Recycling Materials to a Materials RecoveryFacility or Recycling Facility.Section 4. Recycling Containers and ReceptaclesA. Every Commercial Property Waste Generator shall provide, or require that the occupying tenantsprovide, an adequate number and capacity of Recycling Receptacles or Recycling Containers in sufficientnumber and capacity to accommodate the aggregated quantity of County Recyclable Materials.B. Every Apartment Complex Waste Generator shall provide common area Recycling Receptacles orRecycling Containers in sufficient number and capacity to accommodate the aggregated quantity ofCounty Recyclable Materials generated by all tenants. Recycling Receptacles shall be placed in locationsat least as convenient to tenants as trash receptacles.C. Every Commercial Property Waste Generator, Industrial Facility Waste Generator andEducational/Governmental Waste Generator shall make an adequate number of internal and externalRecycling Receptacles as readily accessible as trash receptacles.·D. Every Apartment Complex Waste Generator shall ensure that all interior and exterior RecyclingContainers and Recycling Receptacles are properly labeled and designated for "Recyclables", and shallprovide recycling information to the residents, including instructions that identify County RecyclableMaterials the tenants must Source Separate.E. No Residential Waste Generator shall remove a Recycling Container from the County; willfullydestroy a Recycling Container; dispose of an undamaged Recycling Container other than by returningsuch container to the issuing municipality at a designated location; or use such Recycling Container forother than the temporary storage of County Recyclable Materials.F. Every Residential Waste Generator who changes place of residence shall leave the RecyclingContainer for the subsequent occupant of the property or, in the alternative, shall return the Recycling

.· .Container to OCRRA or the issuing municipality. Every Residential Waste Generator who does not havea Recycling Container shall obtain a Recycling Container from OCRRA or the municipality within twoweeks of taking possession of said property.Section. 5. Unauthorized Removal of Recyclables. No individual other than a Waste Hauler orRecyclables Collector shall pick over, disturb, collect, pick up, remove or cause to be collected, picked upor removed any County Recyclable Materials that have been set out for collecti :m.Section 6. ViolationIt shall be an offense punishable as provided herein for any person, as herein defined, to fail to complywith or violate the provisions of Sections 3, 4 or 5. of this local law.Section 7. EnforcementThis local law shall be enforced within the geographic boundaries of Onondaga County, except for theTown and Village of Skaneateles, by any law enforcement agency having jurisdiction in the County,including but not limited to the Onondaga County Sheriff and Onondaga County Deputy Sheriffs, and anyspecial deputies duly authorized to enforce this local law.Section 8. PenaltiesA. Conviction of a Waste Generator, Waste Hauler, Recyclables Collector, Materials Recovery Facility orRecycling Facility for failure to comply with any of the provisions of Section 3 or Section 4 of this locallaw shall result in a written warning for a first violation. Conviction for a repeat violation shall bepunishable as set forth below in Sections B, C, D, and E.B. Conviction of a Residential Waste Generator for failure to comply with any of the provisions ofSection 3 or Section 4 of this local law shall be punishable by a fine of Fifteen Dollars ( 15.00) for thesecond violation; Thirty Dollars ( 30.00) for the third violation; Fifty Dollars ( 50.00) for the fourthviolation; and One Hundred Dol.lars ( 100.00) for each subsequent violation.C. Conviction of a Nonresidential Waste Generator for failure to comply with any of the provisions ofSection 3 or Section 4 of this local law shall be punishable by a fine of not less than 100.00 and not morethan 500.00 for the second violation. Conviction of each subsequent offense shall be punishable by afine of not less than 250.00 nor more than 1,000.00 per violation.D. Conviction of a Waste Hauler or Recyclables Collector for failure to comply with any of the provisionsof Section 3 or Section 4 of this local law shall be punishable by a fine of not less than 250.00 and notmore than 500.00 for the second violation. Conviction of each subsequent offense shali be punishableby a fine of not less than 500.00 nor more than 1,000.00 per violation. Every day or instance ofnoncompliance shall constitute a new and separate violation of the provisions of this local law.E. Conviction of a Materials Recovery Facility or Recycling Facility for failure to comply with any of theprovisions of Section 3 or 4 of this local law shall be punishable by a fine ofnot less than 250.00 and notmore than 500.00 for the second violation. Conviction of each subsequent offense shall be punishableby a fine of not less than 500.00 nor more than 1,000.00 per violation. Every day or instance ofnoncompliance shall constitute a new and separate offense, including but not limited to a separate offensefor acceptance of each load of material by a Materials Recovery Facility or Recycling Facility in violationof this local law.

.G. Conviction of an individual for failure to comply with the provisions of Section 5 of this local lawshall be punishable by a fine of not less than 100.00 and not more than 500.00. Conviction of eachsubsequent offense within twelve months of a prior conviction for the same offense shall be punishable bya fine of not less than 250.00 nor more than 1,000.00 per vioiation.Section 9. Repeal and AmendmentLocal Law No. 12 - 1989, as amended by Local Law No. 14 - 1991 , hereby is repealed, effective January1, 2012.Section 10. Effective DateThis local law shall take effect January l, 2012, and shall be filed pursuant to the New York StateMunicipal Home Rule Law.Section 11. SeparabilityIf any clause, sentence, paragraph, section or part of this local law shall be adjudged by a court ofcompetent jurisdiction to be invalid, the judgment shall not effect, impair or invalidate the remainderthereof, but shall be confined in its operation to the clause, sentence paragraph, section or part thereofdirectly involved in the controversy in which the judgment shall have been rendered.Section 12. SEQRThis Onondaga County Legislature, acting as lead agency for purposes of the New York StateEnvironmental Quality Review Act (SEQRA), has had prepared a Short Form Environmental AssessmentForm, in which it was determined that the proposed project is an Unlisted Action and will not have anadverse impact upon the environment and, as a result, does hereby adopt a Negative Declaration underSEQRA.OCRRA - source separation - DRAFTkamKMBI HEREBY CERTIFY THAT THE FOREGOING IS A TRUE ANDEXACT COPY OF LEGISLATION DULY ADOPTED BY THECOUNTY LEGISLATURE OF ONONDAGA COUNTY ON THE1sf-oAYoFN ,20.LL. . CLERK, COUNTY LEGISLATUREONONDAGA COUNTY, NEW YORKFILED WITH CLERKQ'.i;oNP}co ZIADOPTED·'I :-. ·- :.,·-1.II·o11· 1·,;"'II (. .1. 0,.

Waste from some or all Waste Generators in Onondaga County. S. "Yard and Garden Waste" means grass clippings, leaves, brush, cuttings from shrubs, hedges and trees. Section 3. Source Separation and Disposal A. Every Waste Generator shall Source S