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  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.