POLICY BRIEF
March 17, 2011
Policies to Reform the City of Buffalo’s Garbage
and Recycling Programs
Ryan Black
University at Buffalo Law Student
Garbage and recycling reform in the city of Buffalo is both
necessary and eminently feasible. The city recycles at an
embarrassingly low rate of 10.5%, roughly a third of the national
average.1 Fortunately, in the fall of 2010, Buffalo’s Common
Council voted in a new recycling program that may help the city
improve its recycling rate.2 However, some questions regarding
the original ordinance were left unanswered. This policy brief will
serve to address the concerns associated with the ordinance,
helping to properly align it with state law and promote its
enforcement.
What Policy Governs Garbage and Recycling in Buffalo?
Article X of the Buffalo Code currently applies to the source
separation of recyclables within the city.3 This ordinance was
enacted in 1992 in response to a New York state law requiring
each municipality to mandate the separation of recyclables.4
Does this Policy Properly Align with State Law?
State law requires municipalities to adopt local laws or ordinances
that require residents and commercial businesses to comply with
recycling regulations.5 The law Buffalo adopted, however, is not
in compliance with state law. Buffalo’s §216-43 only mandates
recycling for commercial and multi-residential users.6 It is silent
on the matter of other users, such as the occupants of single family
homes.7 Clearly this section violates New York’s requirement that
each municipality require source separation by commercial and
residential users.
How Could the City Modify the Current Ordinance to
Meet State Law Standards?
Buffalo’s law can easily be tailored to meet state requirements.
The city would merely need to add a section similar to the City of
Troy’s section 243-3, which requires residents to separate
recyclables and place them in the appropriate receptacle for proper
curbside pick-up by the city.8 Or, since Buffalo already has a
comprehensive plan pertaining to commercial and multi-residential
users, the common council could simply amend section 216-43A to
begin, “All commercial and residential users within the City shall
source-separate…”
Have Buffalo’s Policies Adequately Addressed the
Issues of Garbage and Recycling?
Beyond the policy’s lack of compliance with state law, the code
seems ineffective because it lacks a good enforcement section.
Proper administration of this legislation requires (1) willingness of
the proper administrative agency to apply the law to commercial
and residential users, and (2) enforcement.
The ordinance delegates responsibility of enforcement to the
Departments of Street Sanitation and Public Works.9 The
enforcement section lacks a citizen’s enforcement section that
incentivizes citizens to require neighbors and businesses to comply
with the city’s recycling law – the type of provision found in
section 216 (the prohibition of discarding combustible material),
which includes a reward of up to $1,000 for reporting violations.10
Applying such a section to recyclable materials would ensure that
businesses and residents comply with city law, while minimizing
the cost of enforcement for the city’s Street Sanitation and Public
Works Departments.
Are There Policies that Would Better Serve the Garbage
and Recycling Needs of Buffalo?
Recyclable Waste - The city’s recent decision to move to a
single-stream recycling program with larger, wheeled
recycling totes should prove effective. The
program is simple and easy for residential and
commercial users to use. Two major problems
pertaining to this policy exist, however. First, as
discussed above, no single-family home resident
is compelled by city law to adhere to recycling
regulations, and there are no fines for businesses
2
and multi-residential users that fail to comply. Second, the
ordinance neglects many forms of waste that could be recycled or
reused.
Other Waste - The common council should enact legislation that
addresses the remaining waste. Such a solution can be seen in
curbside food scrap collection programs, which take materials that
have been traditionally deemed ‘non-recyclable’ to a processing
plant where the organic material is turned into compost for the
soil.11 Items that can be turned into compost include vegetable and
fruit trimmings, meats, fish and poultry scraps and bones, plate
scrapings, eggshells, coffee grounds, and pizza delivery boxes.12
They can be used to create compost – a commodity the city can
sell to urban farms and/or farmlands outside the city.
A second solution to address non-recyclable waste is to implement
recycling programs for construction and demolition debris. Instead
of being sent to the landfill, as the current ordinance allows,
construction and demolition debris can be recycled.13 Including
construction and demolition debris as recyclable material would
not only increase Buffalo’s recycling rate, but it would limit an
excessive amount of material that is needlessly dumped in
landfills.
Can Multiple Solutions Co-Exist?
Multiple solutions including a curbside food
scrap collection program and the recycling of
construction and demolition debris can co-exist
with Buffalo’s current single-stream recycling
program. The programs can be implemented
well within the guidelines of the relevant state
law requiring waste to be sorted and recycled.
An ordinance including each program would not
look much different than the current ordinance
requiring businesses to separate their waste in two categories.
Any kind of reform is moot, however, if the city does not amend
the current guidelines that do not fall within the scope of state law.
Without the mandated participation of residents in their programs,
the city will miss a large portion of the population with their
recycling reform. The city should focus on modifying current law
to properly align with state law before further reform comes to
Buffalo’s recycling programs.
3
The City of Buffalo’s website:
http://www.citybuffalo.net/files/1_2_1/buffalogogreen/earthday2010/templates/buffalogo
esgreen/WasteRecycle.html
2
Meyer, Brian. “Changes to Recycling Program Include Pick-up Every Two
Weeks” Buffalonews.com:
http://www.buffalonews.com/city/communities/buffalo/article241587.ece
3
See Buffalo Code, Article X
4
New York State General Municipal Law § 120-aa2(a)
5
New York State General Municipal Law § 120-aa2(a)
6
Buffalo Code, Article X § 216-43A-B
7
See Id. §216
8
City of Troy Chapter 234-3
9
Buffalo Code, Article X § 216-45
10
Id. § 216-10
11
King County, Washington’s website:
http://your.kingcounty.gov/solidwaste/garbage-recycling/food-collection.asp
12
Id.
13
Magavern, Sam. “Greening Buffalo”:
http://artvoice.com/issues/v7n29/greening_buffalo
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________________________________________________________________________
Partnership for the Public Good
www.ppgbuffalo.org
237 Main St., Suite 1200, Buffalo NY 14203
________________________________________________________________________
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