§ 120-aa. Source separation and segregation of recyclable or reuseable\nmaterials.
1.The legislature hereby finds that it is in the public\ninterest, in order to further the purposes of the state policy on solid\nwaste management articulated in section 27-0106 of the environmental\nconservation law, for a municipality to adopt a local law or ordinance\nto require the source separation and segregation of recyclable or\nreuseable materials from solid waste.\n 2.
a.Pursuant to the authority of this section, no later than\nSeptember first, nineteen hundred ninety-two, a municipality shall adopt\nsuch a local law or ordinance to require that solid waste which has been\nleft for collection or which is delivered by the generator of such waste\nto a solid waste management facility, shall be s
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§ 120-aa. Source separation and segregation of recyclable or reuseable\nmaterials. 1. The legislature hereby finds that it is in the public\ninterest, in order to further the purposes of the state policy on solid\nwaste management articulated in section 27-0106 of the environmental\nconservation law, for a municipality to adopt a local law or ordinance\nto require the source separation and segregation of recyclable or\nreuseable materials from solid waste.\n 2. a. Pursuant to the authority of this section, no later than\nSeptember first, nineteen hundred ninety-two, a municipality shall adopt\nsuch a local law or ordinance to require that solid waste which has been\nleft for collection or which is delivered by the generator of such waste\nto a solid waste management facility, shall be separated into\nrecyclable, reuseable or other components for which economic markets for\nalternate uses exist. For purposes of this section, the term "economic\nmarkets" refers to instances in which the full avoided costs of proper\ncollection, transportation and disposal of source separated materials\nare equal to or greater than the cost of collection, transportation and\nsale of said material less the amount received from the sale of said\nmaterial.\n b. For purposes of this section, "components" shall include paper,\nglass, metals, plastics, garden and yard waste, and may include other\nelements of solid waste.\n c. Prior to exercising the authority of this section to enact such a\nlocal law or ordinance, the municipality shall hold a public hearing\nrelating to its proposed provisions and shall give due consideration to\nexisting source separation, recycling and other resource recovery\nactivities in the area, to the adequacy of markets for separated\nmaterials, and to any additional effort and expense to be incurred by\nresidents in meeting the proposed separation requirements. The authority\nprovided in this section shall be in addition to and without limitation\nupon the authority vested in municipalities under any other statute.\n d. In fulfillment of the provisions of this section a municipality may\nuse public lands or buildings or private lands or buildings, open to the\npublic, upon written consent of the owner, as a recycling center or\ndepot for the storage of recyclable materials. The office of general\nservices and any other agency, authority or commission holding title to\nlands or buildings in the name of the people of the state shall fully\ncooperate with any person acting under the authority of this section to\nestablish a recycling program, provided that such use is not\ninconsistent with the principle purpose of such lands or buildings,\nsubject to local zoning restrictions.\n