N.Y. General Municipal Law Section 120-AA
Source separation and segregation of recyclable or reuseable materials

1.

The legislature hereby finds that it is in the public interest, in order to further the purposes of the state policy on solid waste management articulated in Environmental Conservation Law § 27-0106 (State solid waste management policy)section 27-0106 of the environmental conservation law, for a municipality to adopt a local law or ordinance to require the source separation and segregation of recyclable or reuseable materials from solid waste.

2.

a. Pursuant to the authority of this section, no later than September first, nineteen hundred ninety-two, a municipality shall adopt such a local law or ordinance to require that solid waste which has been left for collection or which is delivered by the generator of such waste to a solid waste management facility, shall be separated into recyclable, reuseable or other components for which economic markets for alternate uses exist. For purposes of this section, the term “economic markets” refers to 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 material less the amount received from the sale of said material.

b.

For purposes of this section, “components” shall include paper, glass, metals, plastics, garden and yard waste, and may include other elements of solid waste.

c.

Prior to exercising the authority of this section to enact such a local law or ordinance, the municipality shall hold a public hearing relating to its proposed provisions and shall give due consideration to existing source separation, recycling and other resource recovery activities in the area, to the adequacy of markets for separated materials, and to any additional effort and expense to be incurred by residents in meeting the proposed separation requirements. The authority provided in this section shall be in addition to and without limitation upon the authority vested in municipalities under any other statute.

d.

In fulfillment of the provisions of this section a municipality may use public lands or buildings or private lands or buildings, open to the public, upon written consent of the owner, as a recycling center or depot for the storage of recyclable materials. The office of general services and any other agency, authority or commission holding title to lands or buildings in the name of the people of the state shall fully cooperate with any person acting under the authority of this section to establish a recycling program, provided that such use is not inconsistent with the principle purpose of such lands or buildings, subject to local zoning restrictions.

Source: Section 120-AA — Source separation and segregation of recyclable or reuseable materials, https://www.­nysenate.­gov/legislation/laws/GMU/120-AA (updated Sep. 22, 2014; accessed May 4, 2024).

120
Contracts for purification of water and sewerage 120‑A
Contracts for sewerage disposal 120‑AA
Source separation and segregation of recyclable or reuseable materials 120‑B
Supervision of sewage system 120‑BB
Town of Huntington solid waste management resource recovery facility 120‑C
Obligations and privileges relating to sewerage contracts 120‑CC
Enforcement of unpaid solid waste collection and/or disposal fee 120‑D
Officers of meeting 120‑E
By whom proposed district represented 120‑F
Contract 120‑G
Apportionment of cost 120‑H
Further provisions as to apportionment of cost 120‑I
Means of payment 120‑K
Payments 120‑L
Letting of contracts 120‑M
Application of other laws to procedure 120‑N
Maps and plans of sewers 120‑O
Definitions 120‑P
Referendum in cities and villages 120‑Q
Rules and regulations 120‑R
Cancellation of sewerage contracts for neglect 120‑S
Joint meeting for acquisition and operation of property 120‑T
Town and village may establish a joint water district 120‑U
Mutual aid for water service 120‑V
Contracts for disposal of sewage outside the state 120‑W
Contracts and agreements for solid waste management, collection and disposal 120‑X
Agreements for joint acquisition, construction and operation of public docks 120‑Z
Sewer hook-ups by private contractors 121
Establishment and maintenance of free public baths 121‑A
Creation of village and town police department in certain towns and villages 121‑B
Care of children admitted to certain places of amusement in certain cities, villages and towns under a local law or ordinance 122
Refusal to take persons to hospital prohibited 122‑B
General ambulance services 122‑C
Transport of police work dogs injured in the line of duty 123
Erection and operation of life-saving apparatus 124
Inspection of building elevators in Nassau county 125
Issuance of building permits 125‑A
Posting signs on dead-end roads 126
Establishment of public general hospitals 126‑A
Joint hospitals for cities, towns or villages 126‑B
Public hospitals for chronically ill 126‑B*2
Establishment of Broome county nursing home 126‑C
Appointment to board of managers of county hospital 127
Appointment and terms of office of managers 128
General powers and duties of managers 128‑A
Petty cash fund 129
General powers and duties of superintendent 129‑A
Erie county 130
Admission and maintenance of patients 131
Training school for nurses 132
Room for detention and examination of persons who are suspected of being mentally ill 133
Visitation and inspection 134
Existing county, town, city or village public general hospitals 135
Application of preceding sections 135‑A
Workshops in connection with hospitals and facilities for the aged 135‑B
Departments of occupational therapy in connection with public general hospitals and tuberculosis hospitals or sanatoria 135‑C
Prenatal and maternity care 136
Regulation of automobile junk yards 139‑C
Sheltered workshops 139‑D
Storage and display of firearms, ammunition and explosives
Green check means up to date. Up to date

Accessed:
May 4, 2024

Last modified:
Sep. 22, 2014

§ 120-AA’s source at nysenate​.gov

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