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Recycling Ordinance Revision
§ 216-43. Mandatory commercial user source separation program.
[Amended 11-4-2013, effective 11-5-2013]
A. All commercial users within the City shall source-separate and arrange for the
collection for recycling of recyclable material as may be included or added to such
curbline program pursuant to the rules and regulations promulgated by the
Commissioner.
(1) Commercial users shall include Food or Beverage Service Establishments.
(2) Commercial users shall include those in the practice of construction and
demolition services.
(3) Commercial users shall include residential generators of private cartercollected waste [including textiles and clothing].
(i) Residential generator of private carter-collected waste means any
owner, net lessee, lessee, agent or occupant of a premises, or portion of a
premises, used for residential purposes that generates solid waste that is
collected by a private carter.
B. Recyclable material for the mandatory commercial user source separation program
shall consist of the following:
(1) The following materials are designated as recyclable materials for purposes of
this section: high grade office paper, newspaper, magazines, catalogs, phone
books and corrugated cardboard (collectively referred to as designated paper
materials); metal components of bulk waste; construction waste, excluding
plaster, wall coverings, drywall, roofing shingles, wood and lumber, and glass
window panes; and textiles generated by establishments whose solid waste is
routinely comprised of at least ten percent textiles.
(2) The following materials are designated as recyclable materials for food or
beverage service establishments for purposes of this section: containers made of
glass or metal and bottles and jugs made of polyethylene terephthalate plastic
(PET, plastic resin i1) or high density polyethylene plastic (HDPE, plastic resin
#2) (collectively referred to as designated glass. metal and plastic containers);
aluminum foil and aluminum foil products; corrugated cardboard; metal
components of bulk waste; and construction waste, excluding plaster, wall
coverings, drywall, roofing shingles, wood and lumber, and glass window panes.
(3) The following materials are designated as recyclable materials for residential
'generators of private carter-collected waste for purposes of this section:
containers made of glass or metal and bottles and jugs made of polvethylene
terephthalate plastic (PET, plastic resin #1) or high density polyethylene plastic
(HDPE, plastic resin #2) (collectively referred to as designated glass, metal, and
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plastic containers); aluminum foil and aluminum foil products; newspaper,
magazines, catalogs, phone book, and corrugated cardboard (collectively referred
to as designated paper materials); metal components of bulk waste; and
construction waste, excluding plaster, wall coverings, drywall, roofing shingles,
wood and lumber, and glass window panes.
(4) Other recyclable material as designated by resolution of the Common Council
or by the Commissioner’s regulations promulgated under this chapter at all times
30 days after said designation and publication of notice in an official newspaper
of the City or a newspaper of general circulation within the City.
C. Construction and demolition debris shall encompass the waste building materials,
packaging and rubble resulting from construction, remodeling, repair, alteration, and/or
demolition operations on pavements, houses, commercial buildings, and other structures
and may include, but is not limited to, concrete, asphalt, wood, metals, bricks, dirt, rocks,
and other inert waste.
(1) Commercial vendors in the business of construction and demolition shall
participate in the diversion of 50% of construction and demolition waste from
landfill disposal by any of the following manners:
(i)
(ii)
(iii)
on-site reuse of the construction and demolition debris;
acceptance of the construction and demolition debris by a certified
recycling facility; or
other donation or reuse of the construction and demolition debris
acceptable to the Director.
(2) All applicants for Building Permit or a Demolition/Removal Permit in the City
of Buffalo shall submit a properly completed Waste Management form with the
Building Permit or Demolition/Removal Permit application, in accordance with
the requirements set forth in the Land Development Manual.
(3) All applicants in the City of Buffalo shall pay a refundable deposit at the time
the Building Permit or Demolition/Removal Permit is issued.
D. Recyclable material required to be placed in recycling collection areas shall be
prepared for collection by commercial users pursuant to the rules and regulations
promulgated by the Commissioner.
E. The arrangement for collection of recyclable material shall be the responsibility of the
commercial user or the agent or person contractually obligated to the commercial user to
arrange for collection and disposal of its solid waste. The City reserves the right to collect
recyclable material placed at the curbline pursuant to the rules and regulations
promulgated by the Commissioner.
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§ 216-49. Reporting Requirements.
[Amended 11-04-2013, effective 11-05-2013]
A. All solid waste collectors must submit quarterly reports on the tonnages of material
collected to the recycled and the tonnages of material collected for disposal from within
the City of Buffalo.
(1) Construction and demolition debris and textiles and clothing shall be
measured by weight or by volume, whichever is most accurate and practicable. To
the extent practicable, all construction and demolition debris shall be weighed on
a scale.
(i) For construction and demolition debris which is weighed, the applicant
shall use a scale which is in compliance with all federal, state, and local
regulatory requirements for accuracy and maintenance of such scale.
B. All commercial users within the City of Buffalo shall submit quarterly reports for all
material reused and/or recycled from their businesses that are in addition to the city’s list
of source-separated material.
C. All reports are to be submitted to the Commissioner of Public Works.
Added Regulations:
A. Clothing and textiles are encouraged to be recycled. The City of Buffalo’s SMART
(Secondary Materials and Recycled Textiles Association) is responsible for providing
adequate bins.
(1) Bins shall be serviced and emptied as needed or within 48 hours of a request
by owner of owner’s agent.
(2) Bin operators shall maintain the aesthetic presentation of the bins including
fresh paint, readable signage, and general upkeep to maintain community
standards.
(3) There shall be a $25-$50 initial processing/application fee and a $10 fee for
each additional textile bin issued.
(i)
(ii)
Permits shall remain in effect for one year.
The City of Buffalo shall not grant an application for a permit to
place, use, or employ a collection bin if it determines that the
placement of the bin could constitute a safety hazard.
B. Hazardous waste is subject to strict regulations. Any structure that fails to comply with
the standards of fitness for human habitation or other regulations as to endanger or
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materially impair the health or wellbeing of the public shall be subject to the demolition,
removal, repair or cleaning by local boards of health of any such structure.
Memorandum
The City of Buffalo Recycling Ordinance includes § 216-43, which mandates that
commercial users source separate their recyclables. According to the Buffalo Recycling
Alliance, recycling by businesses and commercial users creates jobs, saves energy, and
reduces pollution. Thus, in accordance with state law, the City of Buffalo requires all
businesses and commercial users to recycle paper, cardboard, glass, plastic, and some
metal. Recycling by businesses and commercial users may save such entities money; for
example, the Community Charter School discovered that it will save over $3,000 per year
by increasing its recycling and decreasing its waste.1 Recycling by such entities that
produce a substantial amount of recyclable materials also creates jobs: landfilling creates
one job for every 10,000 tons of waste while recycling creates ten jobs in processing and
25 jobs in manufacturing for every 10,000 tons.2 Recycling also saves energy because, by
recycling 30% of our waste, Americans save the equivalent of 11.9 billion gallons of
gasoline and reduce the greenhouse gas equivalent of taking 25 million cars off the road.
In addition, recycling aluminum is 95% more energy efficient than using raw materials. 3
Finally, recycling significantly reduces pollution, as using recycled cans instead of new
ore for aluminum cans (which is especially pertinent to food and beverage vendors)
produces 95% less air pollution and 97% less water pollution.4 These statistics are
Buffalo Recycling Alliance. “Recycling by Businesses Creates Jobs, Saves Energy, Reduces Pollution
and…It’s the Law!” <www.ppgbuffalo.org>.
2
Buffalo Recycling Alliance. “Recycling by Businesses Creates Jobs, Saves Energy, Reduces Pollution
and…It’s the Law!” <www.ppgbuffalo.org>.
3
Buffalo Recycling Alliance. “Recycling by Businesses Creates Jobs, Saves Energy, Reduces Pollution
and…It’s the Law!” <www.ppgbuffalo.org>.
4
Buffalo Recycling Alliance. “Recycling by Businesses Creates Jobs, Saves Energy, Reduces Pollution
and…It’s the Law!” <www.ppgbuffalo.org>.
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Recycling Ordinance Revision
important because they illustrate how beneficial the generated recyclables from
commercial users can be to the environment of the City of Buffalo.
While the City of Buffalo mandates that “all commercial users within the City
shall source-separate and arrange for the collection for recycling of recyclable material as
may be included or added to such curbline program pursuant to the rules and regulations
promulgated by the Commissioner,”5 the ordinance fails to define a commercial user.
Generally, commercial facilities refer to all facilities that are not residential and involved
in commerce in some way; commercial facilities/users include but are not limited to: “a
commercial facility, restaurant, retail facility, office, manufacturing or industrial facility,
markets, office buildings, hotels, motels, shopping centers, theaters, and multi-family
dwelling units, located within the boundaries [of the City of Buffalo].”6 Following this
definition of commercial facilities, food and beverage vendors and multi-family dwelling
units are considered commercial users. A food vendor means any and all sales outlets,
stores, shops, vehicles, or other places of business located or operating within the
jurisdictional boundaries of the Agency that operate primarily to sell or convey foods or
beverages to consumers. Multi-family dwelling units means a residential structure having
multiple residences that may be classified as residential (with individual billings for each
residence) or commercial (with a sing le billing for each complex).7 These definitions and
clarifications are necessary to include when amending the City of Buffalo’s Recycling
Ordinance because clearly defined commercial users are less likely to violate recycling
mandates due to confusion. After much class discussion, it has been decided that multi5
Recycling Ordinance for the City of Buffalo § 216-43(A).
Institute for Local Government. “Promoting Good Government at the Local Level.” Web. 3 November
2013. <http://www.ca-ilg.org/post/sample-commercial-recycling-ordinance>.
7
Institute for Local Government. “Promoting Good Government at the Local Level.” Web. 3 November
2013. <http://www.ca-ilg.org/post/sample-commercial-recycling-ordinance>.
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residential units will not be included in the commercial entity section of the City of
Buffalo Recycling Ordinance (but will be found elsewhere).
The original § 216-43 of the City of Buffalo Recycling Ordinance does mandate
that food and beverage service establishments participate in recycling, but the ordinance
fails to adequately list what particularly can be recycled. In this particular sense, the New
York City Recycling Ordinance does a stellar job of listing all recyclable materials that
food and beverage service establishments might encounter. In fact, the New York City
Recycling Ordinance explains that the following materials are designated as recyclable
materials for food or beverage service establishments: containers made of glass or metal
and bottles and jugs made of polyethylene terephthalate plastic (PET, plastic resin #1) or
high density polyethylene plastic (HDPE, plastic resin #2) (collectively referred to as
designated glass, metal, and plastic containers); aluminum foil and aluminum foil
products; corrugated cardboard; metal components of bulk waste; and construction waste,
excluding paper, wall coverings, drywall, roofing shingles, wood and lumber, and glass
window panes.8 It should be noted that the New York City Recycling Ordinance
mandates that multi-family dwellings that constitute commercial users are responsible for
recycling the same aforementioned materials (this fact will be made clear in the section
that multi-residential units have been moved to).
According to numerous sources, there are two key features that promote
successful commercial recycling efforts: (1) a tiered fee structure that acts as an incentive
for the business to recycle – that is, lower fees for collection of recyclables and higher
fees for collection of solid waste; and (2) a robust and comprehensive education program
The City of New York Department of Sanitation. “Notice of Adoption of Final Rules Governing the
Recycling of Private Carter-Collected Waste.” § 753(a-b).
8
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to help businesses understand how to recycle and the potential to save money by taking
advantage of the tiered fee structure.9 Thus, by making clear the recycling mandates and
providing adequate incentives and education for commercial entities in the City of
Buffalo, confusion will be eliminated and successful recycling will likely occur.
Another issue that should be addressed in the City of Buffalo Recycling
Ordinance is the responsibilities of developers that have multiple commercial tenants.
One of the pertinent issues to consider is whether the owner/developer should be
responsible for all of the waste pickup or whether the individual vendors/tenants should
have separate collection contracts (this most likely would not be deemed a mandate and
should be included in the “Regulations” section of the Ordinance). Another issue that
should most likely be addressed in the “Regulations/Policies” section of the Ordinance is
whether or not the developer/owner of commercial buildings should provide adequate
recycling receptacles (it is my opinion that such owners should indeed be responsible for
providing adequate and proper receptacles to facilitate recycling in buildings with
multiple tenants and floors).
Largely absent from the current City of Buffalo Recycling Ordinance is the matter
of hospitals and other commercial entities that could possibly jeopardize public health if
their waste and recyclables are not disposed of properly. The Commonwealth of
Massachusetts thoroughly addresses the cognizance and responsibility of commercial
entities including, but not limited to: standards of fitness for human habitation; housing
and sanitation standards for farm labor camps; standards for recreational camps for
children; standards for swimming pools, bathing beaches, family type camp grounds; and
Institute for Local Government. “Promoting Good Government at the Local Level.” Web. 3 November
2013. <http://www.ca-ilg.org/post/sample-commercial-recycling-ordinance>.
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Recycling Ordinance Revision
sanitation standards for food service establishments. This code further provides for the
demolition, removal, repair or cleaning by local boards of health of any structure which
so fails to comply with the standards of fitness for human habitation or other regulations
as to endanger or materially impair the health or well-being of the public.10 Buffalo
certainly has a number of hospitals and public commercial areas that should be subject to
strict recycling mandates to ensure the public safety but Buffalo residents, and such a
standard should be written in to the mandates of the amended City of Buffalo Recycling
Ordinance.
The last topic that should be eventually written into the amended City of Buffalo
Recycling Ordinance is a section that mandates the recycling of debris created through
construction and demolition. The Illinois Waste Management and Research Center does a
fabulous job of outlining how to successfully initiate such a mandate. First, it should be
mandated that someone with the overall project authority (owner, construction manager,
general contractor) must commit to recycling and that recycling should be put into all
construction contracts. In addition, it must be made clear who is in control of the debris
(it may also be helpful to designate staff member to promote and monitor the recycling
program). The next vital step to ensuring the successful recycling of construction and
demolition projects is to identify target materials at the job site that can be recovered and
recycled from the waste stream; these materials include: asphalt, bricks, cans/bottles,
cardboard, carpet and pad, concrete, gypsum drywall, land-clearing debris, site-
10
The 188th General Court of The Commonwealth of Massachusetts. Part I. Title XVI. Chapter 111.
Section 127A. Web. 11 November 2013.
<https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVI/Chapter111/Section127a>.
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preparation debris, metal, office paper, paper, and wood.11 It is also important to select
hauler(s) and make arrangements for dumpster sizes and collection. While this notion is
seemingly successful in theory, it most likely will not be implemented in the City of
Buffalo Recycling Ordinance for some time due to the high costs that it would place upon
the construction crews and Buffalo residents using such construction/demolition crews
for hire. The San Diego Municipal Code is extremely useful in illustrating what a
successful construction and demolition recycling ordinance should look like; inevitably,
the diversion of construction and demolition debris will assist the City of Buffalo in
meeting a proposed goal of diverting 50% of its waste from landfill disposal.12 If
successfully implemented, a construction and demolition mandate within the City of
Buffalo Recycling Ordinance could contribute to a wildly successful change within our
recycling infrastructure and is consequently one of my biggest and most supported
recommendations throughout my amended draft.
The final recommendation that I have made towards the City of Buffalo’s
Recycling Ordinance involves the recycling of textiles and clothing. I have simply
drafted regulations regarding the recycling of textiles and clothing, as such mandates are
unlikely to be staunchly enforced and would probably be more successful as a regulatory
suggestion at this time. I would also recommend that the City of Buffalo look to Bel Air,
Maryland and form an association that parallels their SMART – the Secondary Materials
11
The Illinois Waste Management and Research Center. C&D Waste Management Program. June 2005.
Web. 10 November 2013. <http://www.istc.illinois.edu/tech/construction-recycling.pdf>.
12
The San Diego Municipal Code. Public Improvement and Assessment Proceedings. December 2007.
Web. 18 November 2013.
<http://docs.sandiego.gov/municode/MuniCodeChapter06/Ch06Art06Division06.pdf>.
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and Recycled Textiles Association.13 SMART is an international nonprofit trade
association that promotes the interdependence of our industry segments and provides a
common forum for networking, education, and trade. Since 1932, SMART has converted
recycled and secondary materials from used clothing, commercial laundries and nonwoven, off spec material, new mill ends and paper from around the world; as a result,
SMART member companies have created thousands of jobs worldwide. If the City of
Buffalo were to create a branch of SMART in Buffalo, local legislatures would be able to
inform the public that clothing is recyclable, just like aluminum cans, plastic bottles,
newspaper and cardboard. In fact, in its study of municipal solid waste, the EPA states
that 22.18 billion pounds of textiles are annually placed in municipal landfills, while only
4 billion pounds are recovered via reuse or recycling; of those 22 billion pounds in
landfills, fully 95% could have been reused or recycled.14 Clothing collection bins,
furthermore, are a convenient alternative that encourages the public the direct clothing
into the recycling stream and out of local landfills and should be implemented
immediately.
“Smart Steps to Address Clothing Collection Bins.” Secondary Materials and Recycling Textiles
Association. 29 July 2013. Web. 18 November 2013.
<http://www.smartasn.org/news/NR_SMARTformsBinCommittee_730_rev.pdf>.
14
“Smart Steps to Address Clothing Collection Bins.” Secondary Materials and Recycling Textiles
Association. 29 July 2013. Web. 18 November 2013.
<http://www.smartasn.org/news/NR_SMARTformsBinCommittee_730_rev.pdf>.
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