[Adopted 4-12-1983 by L.L. No. 8-1983 (Ch. 324, Art. I, of
the 1985 Code)]
The Legislature finds that the growth of industrialization and
population in Suffolk County has resulted in an increase in the generation
of hazardous wastes. Some of these substances have been illegally
discharged into the ground by unscrupulous transporters and generators
of these wastes. The Legislature notes that the federal government
has officially designated the aquifers below Suffolk County as a sole
source for water supply. Long Island's sandy soil makes it easy
for spilled materials to seep into the aquifers, thus increasing the
dangers to public health imposed by illegal discharge of these wastes.
This article is intended to render the improper disposal of hazardous
wastes an unprofitable venture.
It is the intent and purpose of this article to safeguard the
land and water resources of Suffolk County from hazardous waste pollution.
It is the further intent and purpose of this article to regulate the
transportation and disposal of hazardous wastes in a manner consistent
with Public Law 94-580, the Federal Resource Conservation and Recovery
Act of 1976, Article 27 of the New York State Environmental Conservation
Law and Article 12 of the Suffolk County Sanitary Code.
For the purposes of this article, the following words and phrases
shall have the meanings indicated:
DISPOSAL or DISPOSE OF
The discharge, deposit, injection, dumping, spilling, leaking,
incineration or placing of any hazardous waste into or on any land
or water so that such hazardous waste or any constituent thereof may
enter the environment or be emitted into the air or discharged into
any waters, including groundwaters.
HAZARDOUS WASTE
A.
Included wastes.
(1)
Those wastes identified or listed in regulations promulgated
pursuant to Environmental Conservation Law § 27-0903, and
all amendments thereto.
(2)
Acute hazardous wastes as identified or listed in regulations
promulgated pursuant to Environmental Conservation Law § 27-0903,
and all amendments thereto.
(3)
Industrial commercial wastes as identified or listed in Environmental
Conservation Law § 27-0303, Subdivision 2, and all amendments
thereto.
B.
Hazardous wastes shall not include solid or dissolved materials
in domestic sewage.
C.
The prohibitions specified in this article are not applicable
to:
(1)
Procedures performed by members of the Suffolk County Police
Department when, in the performance of their duties, they come into
possession of and must, because of immediate danger to public safety,
dispose of highly reactive or unstable materials that may exhibit
explosive properties.
(2)
Procedures performed by members of the Suffolk County Hazardous
Materials Response Team (Suffolk County Police Department, Department
of Fire, Rescue and Emergency Services and Department of Health Services)
when, in the performance of their duties, because of immediate danger
to public safety, they come into possession of and must transport
and temporarily store hazardous wastes.
LIENHOLDER
A person holding a security interest in a vehicle.
OWNER
A person, other than a lienholder, having the property in
or title to a vehicle. The term includes a person entitled to the
use and possession of a vehicle subject to a security interest in
another person, but excludes a lessee under a lease not intended as
a security.
PERSON
An individual, trust, firm, joint-stock company, corporation
(including a government corporation), partnership, association, state,
municipality, commission, political subdivision of a state or any
interstate body.
TRANSPORT
The movement of hazardous wastes from the point of generation
to any intermediate points or to the point of ultimate storage, treatment,
recovery or disposal.