Brian Sarama
Professor MaGavern – Greening Buffalo
November 21, 2013
Re: Buffalo Recycling Ordinance – Basic Mandate
§ xxx-xx. Source Separation of Recyclable Materials Required. All residents, commercial,
industrial, and/or institutional establishments shall source separate all recyclable material as
indicated by § xxx-xx of this chapter. All recyclables shall be placed for collection pursuant to
the curb line programs or other provisions established pursuant to this chapter. No resident,
commercial, and/or institutional establishment may mix recyclables, trash, or composts of one
type in the collection container designated for another type of refuse unless otherwise provided
in this chapter.
§ xxx-xx. Recyclable Materials for Required Source Separation. Source separation of
recyclable materials shall include, but are not limited to, paper, plastic, metal, and glass materials
and shall be source separated in accordance with regulations promulgated by the Commissioner.
The Commissioner shall establish regulations pursuant to this section within one year of its
enactment. The Commissioner shall reevaluate the economic markets for recycling upon the
advice of the Solid Waste Advisory Committee and report to the City Council findings on an
annual basis.
§ xxx-xx. Electronic Waste Disposal. No resident, commercial, industrial, or institutional
establishment shall place or dispose of any electronic waste in any solid waste management
facility, or place electronic waste for collection which is intended for disposal at a solid waste
management facility or hazardous waste management facility.
§xxx-xx. Tire Waste Disposal. No resident, commercial, industrial, or institutional
establishment shall place tire waste for curbside collection, but shall instead dispose of tire waste
through authorized designated facilities.
Proposed Rules and Regulations of the Commissioner of Recyclable Materials
The New York State DEC list of suggested recyclable materials has expanded since the
enactment of the Buffalo recycling ordinance. The current list found in § 216-43(B) is out of date
and modifications should be considered to reflect the New York State Department of
Environmental Conservation’s expanded recommendations. Below is a comprehensive list of
recyclable materials, those which should be immediately included in the curb-line program, as
well as new recommendations that the Commissioner should evaluate and regulate according to
State law as to what has an economically viable market and therefore should be recycled. State
law defines an economic market as “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.”
The following is a list of recommended recyclable materials for curb-line collection in
accordance with viable economic markets:
1. Paper (newsprint, magazines, corrugated cardboard, printing paper, office paper,
books, telephone directories, junk mail, boxboard, paperboard, paper-towels, foodcontaminated paper or cardboard, tissues, napkins)
2. Plastic
3. Textiles (clothing, carpets, towels, sheets, draperies)
4. Metals (steel and aluminum cans, aluminum foil)
5. Glass
6. Wood Waste (currently included in the present ordinance)
The following is a list of recyclable materials which have emerging economic markets, or are
regulated pursuant to other provisions set forth in Chapter “X” of the Buffalo Code, and which
should be considered when the Commissioner files the required annual report to the City Council
pursuant to § xxx-xx.
1.
2.
3.
4.
5.
6.
7.
Food Waste
Organic Materials
Yard Waste
Electronic Waste
Tire Waste
Scrap Metal
Construction & Demolition Debris
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Memo of Support of the Proposed Amendments to
§§ 216-40 & 216-43 (A,B,F) of the City of Buffalo Recycling Ordinance
The Solid Waste Management Act of 1988 requires each municipality in New York State
to implement local laws requiring the source separation of recyclables for which economic
markets for alternate uses exist.1 While the City of Buffalo has implemented an ordinance
requiring source separation of recyclable materials2, the source separation mandate only partially
complies with New York State law.3 In recent years, Buffalo’s recycling rate has improved,
increasing its overall recycling rate from 8.5% in 2012, to 13.6% in 2013.4 However, these
numbers still fall short of the national average of 34%.5 The proposed amendments to Buffalo’s
basic recycling mandate will not only help bring the City into compliance with existing State
law, but will aid in improving the City’s recycling stature and provide more clear and concise
requirements for users to follow.
1. The Basic Recycling Mandate
Currently, the Buffalo recycling ordinance only clearly applies to source separation of
commercial and multi-residential users.6 What lacks, is any clear indication of the
responsibilities of the City’s residential users, specifically those living in single family
households.7 Rather, the Buffalo ordinance requires source separation of residents pursuant to
regulations promulgated by the Commissioner of Public Works.8 It is unclear, however, what
exactly these regulations are.9 As a result, the ordinance is vague and confusing to read. Absent
firm rules and regulations of the Commissioner, the City recycling ordinance lacks stability and
is vulnerable to circumvention.
Buffalo’s recycling ordinance should be stream lined, making it easier to read,
understand, and instruct City residents as to their recycling responsibilities in the plainest of
terms. The City ordinance should be unambiguous in who it applies to. Amending the provisions
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of §§ 216-40 & 216-43 (A,F) into a new section of law, “Source Separation of Recyclable
Materials Required”, will provide a basic recycling mandate for all users - residential,
commercial, industrial, and institutional - under one provision requiring the source separation of
recyclable materials. In doing so, Buffalo will make clear that recycling is required of all users,
implemented under common principles, all sharing the common responsibility of recycling.
Some of the more successful recycling programs in the United States come from cities
with local ordinances that are clear, concise, and unambiguous in terms of whom the ordinance
applies to. San Francisco, which recycled at a rate of 80% in 2011-1210, enacted an ordinance
which mandates that all persons source separate and place for collection recyclables in
designated collection containers. The ordinance states “all persons in San Francisco must source
separate their refuse into recyclables, compostables and trash, and place each type of refuse in a
separate container designated for disposal of that type of refuse.”11
The City of Seattle, which recycles at a rate above 44% and which plans to recycle at a
rate of 72% by 202512, has implemented a recycling mandate which clearly defines who is
required to recycle. While the Seattle ordinance does differentiate among residential and
commercial users in separate sections, the recycling mandate is no less effective because the
ordinance is clear and unambiguous. For residential users, the ordinance states in part “all
residents living in single-family structures, multifamily structures and mixed-use
buildings…shall separate paper, cardboard, glass and plastic bottles and jars and aluminum and
tin cans for recycling, and no paper, cardboard, glass or plastic bottles and jars and aluminum or
tin cans shall be deposited in a garbage can, detachable container, or drop box or in the garbage
disposal pit at the City's Recycling and Disposal Stations after that date.”13 A similar provision
applies to commercial users in the same manner.14 Both the San Francisco and Seattle recycling
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ordinances leave little room for confusion as to who the law applies to and their basic
responsibilities under the ordinance. In addition to these basic mandates being easily accessible,
clear titles and language make it easier for all users to read and understand.
In contrast, Buffalo’s current ordinance is unclear as to the responsibilities of its
residential users and unclear as to what rules and regulations users are responsible for. By
amending Buffalo’s basic mandate to include residential, commercial, industrial, and
institutional users under one provision, the City ordinance will more effectively relate to the
public who is responsible for recycling, and as a result, make it easier for those with
responsibilities to comply with the law.
The Buffalo ordinance should also include in the amended basic mandate a prohibition of
mixing recyclables in containers not designated for recycling. While this concept is established
by basic source separation language, a prohibition sentence will reinforce the requirement of
source separation, clearly indicating what a user must do, but also what they are prohibited from
doing. Together, these proposed amendments to the City’s basic mandate will make for a
stronger, clearer recycling mandate for all users to follow, leaving little room for circumvention.
It is common in many City ordinances to include a basic definition section to define
terms used throughout the recycling ordinance. Buffalo should consider including a definition
section in any amendments made to the City ordinance. Definitions of terms in the basic mandate
proposed should define residential users as those living in single-family, multi-family, or mixeduse dwellings and include definitions of commercial, industrial, and institutional users to include
such establishments such as small businesses, manufacturers, corporations, food vendors, and
schools.
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2. Recyclable Materials
The current Buffalo recycling ordinance provides a list of recyclable materials mandatory for
source separation under § 216-43(B).15 This list includes basic recyclable materials such as
newsprint, paper, plastic, certain metals, glass, and wood waste. § 216-43(B)(7) provides that
other recyclable materials to be source separated shall be designated by the Commissioner.16
Since the enactment of the Buffalo ordinance, the list of recyclable materials recommended
by the New York State Department of Environmental Conservation has expanded.17 Thus, the
list currently provided in the City ordinance is out of date and should be amended.
Because recycling - what is considered recyclable, the methods of recycling, and the
continuous evolution of economic markets for certain recyclables – is subject to change in
relation to a number of external factors, and because it can often prove difficult to amend
existing laws frequently enough to keep pace with such changes, the more practical option is to
allow recyclable materials to be defined by the Commissioner of Public Works.
In conjunction with the newly proposed basic mandate, a new stand-alone provision entitled,
“Recyclable Materials for Required Source Separation”, should immediately follow. This
provision will provide that source separation shall include, but not be limited to, basic
recyclables such as paper, plastic, glass, and metals. However, since economic markets continue
to evolve, the recyclable list would also be subject to more specific regulations promulgated by
the Commissioner.
Because the list of suggested recyclables has grown more comprehensive, in order to provide
for a more efficient and adaptable recycling code it would be most beneficial to the community if
the Commissioner set forth a list of recyclables specific to economic markets suitable to Buffalo.
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The Department of Environmental Conservation has recommended more comprehensive
standards as to what is recyclable. In addition to the basic plastics, papers, metals, and glass,
growing trends in recycling food waste, yard waste, textiles, electronics, and demolition and
construction debris should be evaluated by the Commissioner.18 The DEC estimates that 18% of
MSW generated in New York State annually is a product of food scraps;19 8% for yard and wood
waste;20 5% for textiles;21 35% for concrete, asphalt, rock and brick;22 and 27% for soil and
gravel. These materials account for a substantial amount of disposed MSW that could be
marketed for recycling.
By allowing the Commissioner to establish what is recyclable, Buffalo can more easily
specify what is expected of residential, commercial, industrial, and institutional users based on
market viability and what is realistically expected of users. The proposed regulations for the
Commissioner include recyclable materials that should be recycled by residents. This list
includes the basic recyclables for which viable economic markets are most common,23 and is
similar to what the current City ordinance requires.24 In addition, the proposed regulations offer a
list of emerging markets of recyclables (food scraps, organics), and include materials the City
currently recycles, but which are addressed in separate sections of the ordinance (C&D, E-Waste,
Yard Waste). By mandating the Commissioner evaluate annually the economic markets of
recyclable materials and make changes to regulations when new markets become viable,25
Buffalo will have a more fluent and adaptable recycling ordinance, allowing for easier changes
to adapt to externalities and trends in recycling locally and nationally.
3. Electronic Waste & Tire Waste
The proposed sections of the recycling ordinance dealing with e-waste and tire disposal are
simple remedies to making curbside recycling more efficient, safer, and compliant with State
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law. New York State recently passed a law mandating manufacturers provide free programs for
people to drop off e-waste to be disposed of properly.2627 By 2015, all users will be prohibited
from disposing of E-Waste curbside or at any facility not designated for electronic waste
recycling.28 Electronic waste is becoming a more viable recycling market, and a vital one given
the amount of electronic materials we now use on a daily basis.29 The proposed section to the
Buffalo ordinance would bring Buffalo in compliance with State law and guide residents towards
utilizing free City programs, such as the disposal location at 1120 Seneca Street, Buffalo, NY.30
The newly proposed tire disposal section would be implemented to similar effects. An
estimate 18-20 million waste tires are generated annually in New York State.31 Tire waste can
clutter curb-lines, cause safety hazards, but should be recycled properly. This proposed section
will make it unlawful to place tire waste at the curb-line, promoting proper tire disposal at
designated locations.
Collectively, the basic mandate for all users, a more adaptable list of required recyclable
materials, and current standards for E-waste and tire waste, will provide for a more effective,
clear and unambiguous City ordinance and will be a sound base for the specifications established
throughout the rest of the ordinance. As a result, Buffalo will have a stronger recycling ordinance
on par with the more successful recycling cities in the nation.
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1
Solid Waste Management Act of 1988, Laws of New York State, Chapter 70, Laws of 1988.
2
Buffalo Recycling Ordinance, Buffalo Code Article X, § 216-43.
3
Schwarzenholzer & MaGavern, Reshaping Buffalo’s Recycling Initiatives, Partnership for the Public Good, 2012.
4
Dan Telvock, Recycling Excuses, Investigative Post, February, 26, 2013.
5
EPA, Municipal Solid Waste, http://www.epa.gov/epawaste/nonhaz/municipal/index.htm
6
See § 216-43, Mandatory commercial user source separation program, Buffalo Code,
http://ecode360.com/13575267?highlight=recyclables,recyclable,recycling,recycled
7
See § 216-40, Requirements applicable to source separation and collection of recyclable material for the curbline
program, Buffalo Code, http://ecode360.com/13575264?highlight=recyclables,recyclable,recycling,recycled
8
§ 216-40, Buffalo Code.
9
Schwarzenholzer & MaGavern, Reshaping Buffalo’s Recycling Initiatives, Partnership for the Public Good, at 2.
10
Allan Gerlat, San Francisco Recycling Rate Reaches 80 Percent, Waste 360, Oct. 5, 2012,
http://waste360.com/source-reduction/san-francisco-recycling-rate-reaches-80-percent
11
§ 1903, Source Separation of Refuse Required, San Francisco Recycling Ordinance,
http://www.amlegal.com/nxt/gateway.dll?f=templates&fn=default.htm&vid=amlegal:sanfrancisco_ca
12
Schwarzenholzer & MaGavern, Reshaping Buffalo’s Recycling Initiatives, Partnership for the Public Good, at 2-
3.
13
§ 21.36.083, Residential recycling required, Seattle Municipal Code, http://clerk.seattle.gov/~scripts/nphbrs.exe?d=CODE&s1=21.36.083.snum.&Sect5=CODE&Sect6=HITOFF&l=20&p=1&u=/~public/code1.htm&r=1
&f=G
14
See § 21.36.082 Commercial recycling required, Seattle Municipal Code, http://clerk.seattle.gov/~scripts/nphbrs.exe?d=CODE&s1=21.36.082.snum.&Sect5=CODE&Sect6=HITOFF&l=20&p=1&u=/~public/code1.htm&r=1
&f=G
15
See Buffalo Code, http://ecode360.com/13575264?highlight=recyclables,recyclable,recycling,recycled
16
Id.
17
See NYSDEC, Beyond Waste: A Sustainable Materials Management Strategy for New York State, Dec. 27, 2010,
http://www.dec.ny.gov/docs/materials_minerals_pdf/frptbeyondwaste.pdf
18
See NYSDEC, Beyond Waste: A Sustainable Materials Management Strategy for New York State, at 99-109,
http://www.dec.ny.gov/docs/materials_minerals_pdf/frptbeyondwaste.pdf
19
Beyond Waste, p.99.
20
Beyond Waste, p.100.
21
Beyond Waste, p.101.
22
Beyond Waste, p.106.
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23
See SF Environment, What Goes Where? How to Recycle & Compost (Residential),
http://www.sfenvironment.org/article/residential-recycling-and-composting/what-goes-where-how-to-recyclecompost
24
§ 216-43 (B), Buffalo Code.
25
OECD, Improving Recycling Markets, January 2007, http://www.oecd.org/env/waste/38093900.pdf
26
Sindya Bhanoo, New York State Cracks Down on E-Waste, New York Times, June 7, 2010,
http://green.blogs.nytimes.com/2010/06/07/new-york-state-cracks-down-on-e-waste/?_r=0
27
NYSDEC, DEC Announces New Program for Electronic Waste Recycling,
http://www.dec.ny.gov/press/73459.html
28
Environmental Conservation Law Article 27 Title 26 § 27-2611 Disposal Ban,
http://www.dec.ny.gov/docs/materials_minerals_pdf/ewastelaw2.pdf
29
NYSDEC, E-waste Recycling, http://www.dec.ny.gov/chemical/65583.html
30
City of Buffalo, Free Electronic Recycling,
http://www.ci.buffalo.ny.us/files/1_2_1/city_departments/public_works_and_streets/pdfs/FreeElectronicRecycle.pdf
31
NYSDEC, Waste Tires, http://www.dec.ny.gov/chemical/8792.html
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