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 Jun. 22, 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

Accessed:
Jun. 22, 2024

Last modified:
Sep. 22, 2014

§ 120-AA’s source at nysenate​.gov

Link Style