A.
The intent and purpose of this chapter is to provide
for the management, on a Town-wide basis, of solid waste and to authorize
the supervision of the transportation, disposition and collection
of solid waste.
B.
The management of solid waste is a fundamental municipal
function of Town government. The powers and duties enumerated in this
chapter constitute proper Town purposes intended to benefit and protect
the safety, health and well-being of persons and property in the Town
as provided for in the New York State Constitution and as required
by federal and state statutes and regulations mandating the phasing
out of the practice of landfilling raw garbage, with resource recovery
as the preferred alternative of disposing of solid waste; encouraging
waste reduction, reuse and recycling of solid waste; and directing
the Town to develop a comprehensive, integrated and balanced solid
waste management program.
C.
The powers and duties enumerated in this chapter constitute
proper Town purposes intended to benefit the health, welfare and safety
of Town residents. The Town is exercising essential and proper governmental
functions in accordance with the clearly articulated and affirmatively
expressed policy of the State of New York.
The Solid Waste Administrator shall be responsible
for the management and supervision of the transportation, disposition
and collection of solid waste. In the performance of these duties,
the Solid Waste Administrator shall be governed by the standards and
requirements set forth in this chapter.
A.
The removal, transportation and/or disposal of solid
waste shall be managed, supervised and/or performed by the Town or
its agent(s) under this chapter, together with such rules and regulations
as the Town has or shall from time to time adopt. Such solid waste
generated within the Town shall be removed, transported and/or disposed
of only by refuse collectors licensed pursuant to the requirements
of this chapter and the amendments thereto or as permitted by the
terms of any agreement with the Town. All other persons are hereby
prohibited therefrom except as may be provided for herein or in the
rules and regulations adopted pursuant to this chapter. Such chapter
shall provide for the means of monitoring and supervising the conduct
of licensees and the enforcement of the provisions of this chapter.
B.
No person shall enter the Babylon resource recovery
facility through other than a designated entrance or without proper
payment of the appropriate fee.
A.
The Town is obligated to perform, with respect to
the Babylon resource recovery facility and the recycling facility,
pursuant to the terms of the service agreements. The Supervisor shall
have the authority to establish and/or amend disposal fees to be charged
at the Babylon resource recovery facility and/or any recycling facility,
transfer station or disposition site operated or under contract or
lease by the Town, based on prevailing market conditions for the disposal
of waste in surrounding Towns. The rate established on a per-ton basis
must be no less than the estimated per-ton amount required to fulfill
all of the Town's obligations under the service agreement for the
Babylon resource recovery facility and the recycling facility.
B.
The Town Board, upon five days' notice and after a
public hearing, shall establish a solid waste generation fee to be
imposed on improved property (which is not residential) reasonably
expected to generate solid waste. Such fee shall be computed and charged
to such property owner based on a formula established by the Town
Comptroller.
Nothing contained in this chapter shall be deemed
nor interpreted to prohibit any municipality located wholly or in
part within the Town from engaging in the removal of recyclables or
in the collection or transportation of solid waste.
No hazardous waste or unacceptable waste shall
be delivered to the Babylon resource recovery facility or the recycling
facility by any person, including, without limitation, any licensed
refuse collector or any municipality. Failure to comply with the provisions
of this section shall be subject to the provisions with respect to
such penalties and enforcement, including the suspension or revocation
of licenses and the imposition of fines, in accordance with the provisions
of this chapter and the amendments thereto.
The Town Board may, after a public hearing,
adopt such rules and regulations as may be necessary to effectuate
the purposes of this chapter. At least seven business days prior,
notice of such public hearing shall be published in the official newspaper
of the Town. A copy of all rules and regulations promulgated hereunder
and any amendments thereto shall be filed in the office of the Town
Clerk upon adoption and shall be effective as provided therein.