[HISTORY: Adopted by the Rockland County
Legislature 5-20-2008 by L.L. No. 2-2008. Amendments noted where
applicable.]
A.
The management of solid waste is the inherent responsibility
of local government, whose authority in this area is derived from
its police powers. County-wide collection and disposition of municipal
solid waste, more commonly referred to as "flow control," will allow
for more effective and environmentally responsible waste planning
and management, and more effective implementation of the County's
integrated solid waste management plan.
B.
Flow control is needed so that environmentally beneficial
management options which are not economically appealing to the waste
management industry, such as source reduction, resource recovery,
and alternative solid waste processing technologies, can be implemented.
Flow control will further the goals of protecting the public health,
safety, and welfare of the citizens of Rockland County from offensive
materials by regulating the removal, transportation and disposal of
solid waste and reducing the amount of infected and contaminated solid
waste that would require special processing.
C.
More than 16 years after the adoption of its integrated
solid waste management plan in September 1991, the County desires
to further increase its rate of recycling, and to implement an alternative
solid waste processing technology with the goal of eliminating, or
severely reducing the amount of County-generated waste that needs
to be disposed of in landfills. Flow control will guarantee the quantity
of waste to make the implementation of an alternative solid waste
processing technology a viable goal, and serve important environmental
and public health, welfare, and safety objectives.
As used in this chapter, the following terms
shall have the meanings indicated:
The Rockland County Solid Waste Management Authority, a public
benefit corporation organized and existing under the Rockland County
Solid Waste Management Authority Act, Title 13-M of Article 8 of the
Public Authorities Law, Chapter 43-A of the Consolidated Laws of the
State of New York, as amended from time to time.
Kraft paper bags used in storing and composting yard waste.
Items that may be too large to fit into standard household
trash cans or are typically not collected as part of weekly trash
collections, such as small household appliances and housewares; painted,
laminated and treated wood, including lumber under four feet in length
and under 25 pounds, and plywood; furniture (wooden and upholstered);
mattresses; textiles; bulky plastics; packing materials; insulation;
office equipment; and small machinery, generated within the County
and which has been discarded or rejected as being spent, useless,
worthless, or in excess to the owners at the time of such discard
or rejection, having served their intended use. Bulk items shall not
include any items or materials that appear on the list of designated
recyclables.
Any firm, company, corporation, partnership, association,
institution, multifamily residence, townhouse, cooperative or condominium
apartment building or complex, joint stock association or any other
group of individuals, or other entity providing a public service or
engaged in a business for profit, and includes the plural as well
as the singular.
Solid waste resulting from construction, remodeling, repair,
demolition of structures, and road building, which is generated within
the County. Such wastes include but are not limited to bricks, concrete
and other masonry materials, lumber, and asphalt, as designated by
the Authority, and modified from time to time, by resolution.
The County of Rockland.
The location within five feet from the public street at which
yard waste, solid waste, scrap metal, construction and demolition
debris, or recyclables may be set out for collection by a hauler.
The Rockland County Department of Health.
Any publicly owned solid waste facility(ies) and/or any solid
waste facility(ies) owned and/or operated by the authority, and designated
by the authority for acceptance or disposal of yard waste, solid waste,
construction and demolition debris, scrap metals, and/or recyclables,
including but not limited to transfer stations, materials recovery
facilities, drop-off centers, and resource recovery facilities.
Recyclables, as designated by the Authority, and modified
from time to time by resolution and which shall be separated from
the solid waste stream for collection and/or delivery to a materials
recovery facility or other recycling facility.
A container used for the purpose of temporarily holding construction
and demolition debris, solid waste, scrap metals, or recyclables and
which generally ranges in size from 1/2 cubic yard to 40 cubic yards.
Each such individual or carting company, or any municipality
providing such collection service, authorized by a valid permit issued
by the Department of Health to collect, pick up, remove, transport
and/or dispose or cause to be collected, picked up, removed, transported
or disposed any yard waste, solid waste, construction and demolition
debris, scrap metals, and/or recyclables generated within the County
and placed at curbside or other designated area for collection by
such hauler.
Any material containing any organism (such as a virus or
bacterium) that is capable of being communicated by invasion and multiplication
in body tissues and is capable of causing disease or adverse health
impacts in humans.
Any person or entity, commercial or otherwise, who performs
the following services for customers within Rockland County for financial
consideration: cutting, trimming, lawn care, and maintenance of trees
and shrubs; collection, consolidation, and removal of yard waste.
Any designated facility where designated recyclables are
received and processed.
The County, any village, town, city, school district, special
district, or public authority located in the County, or any combination
thereof.
Any person who, alone or jointly or severally with another:
(1) shall have legal title to any dwelling or dwelling unit, with
or without accompanying actual possession thereof; or (2) shall have
charge, care, or control of any dwelling or dwelling unit, as owner,
lessee, mortgagee or vendee in possession, assignee of rents, or as
a receiver; of an executor, administrator, trustee, or guardian of
the estate of the owner. Any agent for any of the above shall be bound
to comply with the provisions of this chapter to the same extent as
if he were the owner.
A written license and authorization to carry on a specified
activity or activities as regulated by this chapter and includes any
written approval issued by the Commissioner of the Department of Health
or his duly designated representative.
Includes any individual; landlord, tenant, owner or manager
of a multifamily residence, townhouse, cooperative or condominium
apartment building or complex; chief executive officer, owner or manager
of a commercial entity; director or manager of any institution, including
nonprofit or tax-exempt organizations; firm; public or private corporation;
municipality; political subdivision; association; partnership; institution;
public body; joint stock association or any other group of individuals,
including apartment, condominium, and townhouse association; and the
term "person" shall include plural as well as singular.
That the material in question is capable of undergoing the
process of decomposition resulting in the formation of malodorous
byproducts.
Any material generated within the County and which, under
any applicable law, is not hazardous and which is designated to be
separated from the waste stream to be recycled.
Any medical waste that is a solid waste that is generated
in the diagnosis, treatment (e.g., provision of medical services),
or immunization of human beings or animals, in research pertaining
thereto, or in the production or testing of biologicals, that is not
excluded or exempted under 6 NYCRR Part 360-17.2(h)(2).
The Sanitary Code of the County of Rockland.
White goods (stoves, refrigerators, washing machines, dishwashers
and hot water heaters), metal furniture, recognizable and uncontaminated
metal vehicle parts (excluding mufflers and catalytic converters and
parts that contain fluids or motor oils), metal pipes, bed frames,
metal sheds and other metal objects, generated within the County and
which have been discarded or rejected as being spent, useless, worthless,
or in excess to the owners at the time of such discard or rejection,
having served their intended use.
All putrescible and non-putrescible solid wastes resulting
from handling, preparation, cooking, serving or consumption of food
and other non-recyclable household waste products, as well as residue
from the burning of coal or wood, as well as bulk items, which are
generated within the County. It shall include, but not be limited
to, materials or substances discarded or rejected as being spent,
useless, worthless, or in excess to the owners at the time of such
discard or rejection, or that are being accumulated, stored, or physically,
chemically or biologically treated prior to being discarded or rejected,
having served their intended use, or as a manufacturing by-product,
including, but not limited to, garbage, refuse, industrial, commercial
and agricultural waste, rubbish, ashes, contained gaseous material,
incinerator residue, offal, but not including sewage sludge and other
highly diluted water-carried materials or substances and those in
gaseous form, special nuclear or by-product material within the meaning
of the Atomic Energy Act of 1954, as amended, or waste which appears
on the list or satisfies the characteristics of hazardous waste promulgated
by the Commissioner of the New York State Department of Environmental
Conservation.
The receptacles to be utilized for the set-out of mandated
materials, as designated by the Authority.
Tires from cars and trucks and their casings.
Grass clippings, leaves, and brush which are generated within
the County, and excluding trees and tree stumps, and which shall be
separated from the solid waste stream for collection and/or delivery
to a designated facility. Yard waste may also include other types
of green waste as designated by the Authority, and modified from time
to time, by resolution.
Any publicly owned yard waste composting facility(ies) designated
by the Authority to receive, process, and market compost and wood
products from yard waste generated within the County.
The Rockland County Solid Waste Management Authority
shall implement and administer the provisions of this chapter related
to:
A.
Determination of the designated facility that shall
serve a particular municipality;
B.
Determination of the types of wastes that shall be
handled and processed at each designated facility;
C.
Designation of those materials that are to be separated
and collected for recycling at the materials recovery facility or
other designated facility. A current official list of designated recyclables
shall be maintained by and be available from the Authority;
D.
Coordination with the Department of Health on the
implementation and enforcement of this chapter, and exchange of information
with the Department of Health related to such implementation and enforcement;
E.
Promulgation of regulations applicable to commercial entities requesting Authority approval of their recycling programs for purposes of § 350-11C of this chapter;
F.
Promulgation of regulations applicable to landscapers, tree service companies, and green waste recyclers requesting authority approval of their green waste recycling programs for purposes of § 350-13D of this chapter;
G.
Promulgation of such other regulations and performance
of such other duties and functions determined by the Authority to
be in furtherance of the goals of this chapter.
A.
The Commissioner of the Department of Health shall
enforce violations for any noncompliance with the provisions of this
chapter.
B.
The Rockland County Department of Health shall require
a background check and fingerprinting of a hauler's principals as
a requirement for issuance of a permit under Article III of the Rockland
County Sanitary Code to commercially collect, pick up, remove or transport
or cause to be collected, picked up, removed or transported any yard
waste, construction and demolition debris, solid waste, scrap metals,
and/or recyclables. The Commissioner of the Department of Health may
satisfy the requirement for such background checks and fingerprinting
by recognizing the licenses of other jurisdictions such as the Town
of Clarkstown, Town of Orangetown, County of Westchester, the City
of New York, and any other jurisdiction that requires background checks
and fingerprinting for issuance of a hauling permit or license.
C.
The Department of Health shall coordinate with the
Authority on the implementation and enforcement of this chapter, and
provide the exchange of information related to such implementation
and enforcement between the Department of Health and the Authority.
D.
All such costs incurred by the Department of Health
pursuant to this chapter shall be reimbursed by the Authority, including
enforcement actions.
E.
The Commissioner of Health shall require all permittees
covered by this chapter to submit quarterly reports, on forms provided
by the Department of Health, of the amounts (in cubic yards or tons,
as applicable) of solid waste, yard waste, construction and demolition
debris, scrap metals, and recyclables and the facility to which such
materials were delivered.
A.
In order to provide for public health and safety and
to facilitate the conservation of vital resources, each person shall
provide for the removal of yard waste, solid waste, construction and
demolition debris, scrap metals and designated recyclables from the
property on which they are generated either through a service provided
by a municipality or hauler or by direct haul by such person to the
designated facility as determined by the authority to serve the municipality
where such person resides or has a place of business, and which receives
each such type of waste.
B.
In order to provide for public health and safety and
to facilitate the conservation of vital resources, each commercial
entity shall provide for the removal of yard waste, solid waste, construction
and demolition debris, scrap metals, and recyclables from the property
on which they are generated either through a service provided by a
hauler or by direct haul to the designated facility as determined
by the authority to serve the municipality where such commercial entity
resides or has a place of business, and which receives each such type
of waste.
C.
It shall be a violation of this chapter for any person
to place at curbside or other designated area for collection any appliance
containing chlorofluorocarbons ("CFCs"), such as freon, in such a
manner that would allow for it to be crushed or for CFCs to escape
into the atmosphere.
D.
This chapter shall not affect the handling and disposal
of infectious waste and regulated medical waste by medical facilities,
such as doctor's offices, clinics, nursing homes, and hospitals.
A.
In order to provide for public health and safety,
each person shall provide for the separation of solid waste from all
other types of waste and shall provide for the placement of such solid
waste into a dumpster container, compactor, or other suitable container
at curbside or other designated area for collection by a hauler.
B.
All solid waste placed at curbside or other designated
area for collection by a hauler must be delivered to the designated
facility.
C.
It shall be a violation of this chapter for any person
to place at curbside or other designated area for collection any can,
container or dumpster container that has scrap metals, recyclables
or yard waste mixed with solid waste.
D.
Yard waste shall be separately placed in biodegradable
leaf bags or as directed by the municipality where the person resides
or has a place of business, and set out for collection by a hauler.
E.
All scrap metals must be separately placed at curbside
or other designated area for collection by a hauler. Such scrap metals
must be delivered to the designated facility.
A.
In order to facilitate the conservation of vital natural
resources through recycling, each person shall separate his or her
designated recyclables from all other types of waste and shall provide
for the placement of such designated recyclables into separate suitable
containers designated for each type of designated recyclables, e.g.,
paper products and containers made of aluminum, glass, ferrous metals,
and all grades of plastic.
B.
All recyclables placed at curbside for collection
by a hauler must be delivered to the materials recovery facility or
other designated facility.
A.
In order to provide for public health and safety,
each person creating his or her own yard waste shall provide for the
separation of yard waste from all other types of waste and shall provide
for the placement of such yard waste into biodegradable leaf bags
at curbside for collection by a hauler, or as directed by the municipality
where the person resides or has a place of business.
B.
All yard waste placed at curbside for collection must
be delivered to the designated facility.
C.
All yard waste generated by the activities of a landscaper
and collected and/or consolidated for removal by said landscaper from
the premises where generated must be delivered to the designated facility.
D.
Where allowed by law or regulation, this section shall
not prohibit private noncommercial composting of yard waste, or mulching
of leaves, grass clippings and cuttings.
A.
In order to provide for public health and safety,
all construction and demolition debris that has been placed into a
dumpster container for collection by a hauler must be delivered to
the designated facility.
B.
In order to facilitate the conservation of vital natural
resources through recycling, each person and commercial entity shall
separate his or her construction and demolition debris from all other
types of waste and shall provide for the placement of such separated
construction and demolition debris into suitable containers for pick
up by a hauler and delivery to the designated facility.
A.
In order to provide for public health and safety,
each commercial or industrial entity that generates solid waste shall
provide for the separation of such waste from all other types of waste
and shall cause the placement of such solid waste into a dumpster
container, compactor, or other suitable container and the placement
of such container at curbside or other designated area for collection
by a hauler.
B.
All such solid waste placed at curbside or other designated
area for collection by a hauler must be delivered to the designated
facility.
C.
All scrap metals must be separately placed at curbside
or other designated area for collection by a hauler. Such scrap metals
must be delivered to the designated facility.
A.
In order to facilitate the conservation of vital natural
resources through recycling, each commercial and industrial entity
shall provide for the separation of designated recyclables from all
other types of waste and shall provide for the placement of such designated
recyclables into separate suitable containers labeled as containing
recyclables and set out at curbside or other designated area for collection
by a hauler.
B.
All recyclables placed at curbside or other designated
area for collection by a hauler must be delivered to the materials
recovery facility or other designated facility.
A.
It shall be a violation of this chapter for any hauler
without a valid permit issued by the Department of Health pursuant
to Article III of the Rockland County Sanitary Code, to commercially
collect, pick up, remove or transport or cause to be collected, picked
up, removed or transported any yard waste, solid waste, construction
and demolition debris, scrap metals, and/or recyclables placed at
curbside or other designated area for collection by a hauler. Each
such collection, pick up, or removal from one or more premises shall
constitute a separate and distinct offense in violation of this chapter.
B.
It shall be a violation of this chapter for any hauler
to take yard waste, solid waste, construction and demolition debris,
scrap metals, and/or designated recyclables to any facility other
than a designated facility.
C.
From the time of placement of yard waste, solid waste,
construction and demolition debris, scrap metals, and/or designated
recyclables at curbside or other designated area by a person for collection
by a hauler in accordance herewith, such yard waste, solid waste,
construction and demolition debris, scrap metals, and designated recyclables
shall be delivered to the designated facility.
D.
Solid waste shall not be mixed with either recyclables
(including scrap metals) or with yard waste; each such type of waste
shall be separately collected and separately disposed at the designated
facility.
E.
Tires shall not be mixed with solid waste but must
be separately collected and disposed at the designated facility.
F.
It shall be a violation of this chapter for any hauler
to handle any appliance containing CFCs, such as freon, in such a
manner that would allow for it to be crushed or for CFCs to escape
into the atmosphere.
G.
Every hauler shall offer recyclables collection to
those persons for whom said hauler provides removal, collection or
transport of solid waste.
H.
Every hauler shall submit written quarterly reports,
on forms to be provided by the Department of Health, to the Department
of Health and to the Authority, of the amounts (in cubic yards or
tons, as applicable) of solid waste, yard waste, construction and
demolition debris, scrap metals, and recyclables collected during
the quarter ended and the facility to which such materials were delivered,
and any other information which the Commissioner of Health shall,
from time to time, require.
A.
It shall be a violation of this chapter for any landscaper
to take yard waste to any facility other than a designated facility.
B.
Yard waste shall not be mixed with any other type
of waste but must be separately collected and disposed at the designated
facility.
D.
The provisions of this section shall not apply to any landscaper, tree service company, or green waste recycler having in place a green waste recycling program approved by the Authority pursuant to regulations promulgated in accordance with § 350-3F of this chapter.
E.
Every landscaper shall submit written quarterly reports,
on forms to be provided by the Department of Health, to the Department
of Health and to the Authority, of the amounts (in cubic yards or
tons, as applicable) of yard waste collected during the quarter ended
and the facility to which such materials were delivered, and any other
information which the Commissioner of Health shall, from time to time,
require.
A.
It shall be a violation of this chapter for any person
to place for the purpose of collection solid waste, recyclables, construction
and demolition debris, scrap metals, or yard waste at a property other
than the property generating said material.
B.
It shall be a violation of this chapter for any person
to place solid waste, recyclables, construction and demolition debris,
scrap metals, or yard waste in dumpsters and/or containers designated
for solid waste use by commercial and/or industrial entities.
C.
It shall be a violation of this chapter for any person
to bury and/or burn solid waste material on public or private property,
unless authorized by the applicable village or town.
D.
It shall be a violation of this chapter for any person
to throw, dump, deposit or place solid waste, recyclables, construction
and demolition debris, scrap metals, and/or yard waste along the roadside
or on public and/or private property within the County without the
express consent of the owner of such property.
E.
It shall be a violation of this chapter for any person
to cause to be thrown, dumped, deposited, or placed solid waste, recyclables,
construction and demolition debris, scrap metals, or yard waste along
any public or private road or on lands bordering such roads.
F.
It shall be a violation of this chapter for any person
to burn, break, destroy, scatter, scavenge, collect or take any recyclables
without the consent of the owner of such materials.
G.
It shall be a violation of this chapter for any person
to burn, break, destroy, scatter, scavenge, collect or take any recyclables
from any recyclables drop-off location in the County or other designated
facility.
A.
Presumptions. The following shall be rebuttable presumptions
in the enforcement of the provisions of this chapter:
(1)
The placement or presence of any container which is
marked or identified with the name of any hauler, at any location
within the County, shall be presumptive evidence that said hauler
is providing solid waste, construction and demolition debris, scrap
metals, or recyclables collection services at said location within
the County as of the date of said placement or presence.
(2)
Evidence of solid waste, construction and demolition
debris, scrap metals, or designated recyclables in a container, and
subsequent observation of the same container empty, shall be presumptive
evidence that solid waste, construction and demolition debris, scrap
metals, or designated recyclables were collected from the container
by the hauler whose name is marked on the container. If such container
does not bear the name of any hauler, the presumption shall be that
solid waste, construction and demolition debris, scrap metals, or
designated recyclables were collected by the hauler who is responsible
by contract or otherwise for collection of solid waste, construction
and demolition debris, scrap metals, and/or designated recyclables
at that location.
(3)
The failure to deliver any yard waste, solid waste,
construction and demolition debris, scrap metals, and/or designated
recyclables to a designated facility within three days of the collection
of such yard waste, solid waste, construction and demolition debris,
scrap metals, and/or designated recyclables from any location within
the County shall be presumptive evidence that the yard waste, solid
waste, construction and demolition debris, scrap metals and/or designated
recyclables were illegally dumped or disposed of at a location other
than a designated facility.
(4)
Service upon any person, landscaper, or hauler in
a manner consistent with the requirements of applicable law shall
be presumptive evidence that such notice was received by that person,
landscaper, or hauler.
B.
Enforcement by civil penalties.
(1)
The provisions of this chapter may be enforced as
deemed appropriate by the Commissioner of the Department of Health.
(2)
The Commissioner of the Department of Health shall
prescribe and impose administrative sanctions and/or civil penalties
up to $1,000 for the violation of or failure to comply with any provision
of this chapter or any regulation promulgated hereunder, as prescribed
below.
(3)
The Commissioner of the Department of Health shall
be empowered to exercise all quasi-judicial powers conferred by the
New York State Public Health Law, including but not limited to the
issuance of subpoenas; designation of members of the Department of
Health to issue subpoenas; issuance of warrants to the Sheriff of
the County to bring to its aid the power of the County whenever it
shall be necessary to do so; compel the attendance of witnesses; administer
oaths to witnesses and compel them to testify; cause to be held a
hearing on any violation of the provisions of this chapter after adequate
notice to the person, landscaper, or hauler concerned; and maintain
actions in any court of competent jurisdiction to restrain by injunction
violators of the provisions of this chapter or any of the Commissioner's
orders, rules and regulations, or any of the Authority's rules and
regulations, promulgated in furtherance of the provisions of this
chapter.
(4)
For purposes of penalties, each day during which a
violation continues shall be deemed to be a separate violation.
C.
Administrative sanctions and civil penalties.
(1)
Violation letter. Upon any violation of the provisions
of this chapter or any regulation of the Department of Health or the
Authority promulgated hereunder, the Commissioner of Health or his
designee may serve notice of the violation on the person, landscaper,
or hauler to be charged in accordance with applicable law.
(2)
Formal hearing on violation. The Commissioner of Health,
or his designee, shall hold a hearing on the alleged violation in
accordance with the provisions of Article I of the Rockland County
Sanitary Code governing hearings.
(3)
Civil penalties.
(a)
Any person, landscaper, or hauler who violates,
disobeys or disregards the terms of any lawful notice, order or regulation
of the Commissioner of Health or the Authority shall be subject to
the imposition of a civil penalty by the Commissioner, not exceeding
$1,000 for each single violation or failure or omission to act.
(b)
In determining the administrative penalty to
be imposed, the Commissioner of Health shall take into account the
severity of the violation, the impact upon the public health and welfare
of the County, the environment, or the designated facility, and any
past violations.
(c)
The penalty provided for by this section may
be sued for and recovered by the Commissioner in the name of the County
in any court of competent jurisdiction.
(d)
Each day or a part of a day on which violation(s)
or failure continues shall constitute a separate violation.
(e)
For serious, repeated or persistent violations
of any of the provisions of this chapter or any regulations promulgated
hereunder, the Commissioner of Health may maintain an action in any
court of competent jurisdiction to restrain by injunction violators
of the provisions of this chapter or any of the Commissioner of Health's
orders, rules and regulations, or of the Authority, promulgated in
furtherance of the provisions of this chapter.
(f)
In addition to, or in lieu of, any administrative
monetary penalty, the Commissioner of Health may suspend or revoke
the right of any permittee covered by this chapter to transport solid
waste, construction and demolition debris, scrap metals, yard waste,
or designated recyclables within the County or to dispose of such
materials at a designated facility.
(4)
Enforcement other than by prosecution.
(a)
In lieu of enforcement of this chapter by way
of recovery of civil penalties, revocation of permits, seizure, embargo
and condemnation or other means, the Commissioner of Health, or his
duly authorized representative, may seek to obtain the voluntary compliance
with this chapter by way of notice, warning or educational means,
as deemed appropriate in the discretion of the Commissioner of Health
taking into consideration all of the circumstances surrounding such
violation.
(b)
This section shall not be construed to require
that such noncompulsory methods must be employed or attempted before
proceeding by way of compulsory or other legally proscribed procedures.
The Authority shall cause to be drawn up an
implementation schedule or schedules which shall list all portions
of this chapter which remain to be implemented. Such schedule or schedules
shall be mailed by certified mail, return receipt requested, to the
Clerk of the County Legislature, the County Clerk, and to each municipality,
addressed to the clerk of each such municipality. Said schedule or
schedules shall be effective upon the date of such mailing.
If any part of this chapter is found to be illegal
by a court of competent jurisdiction, the remaining sections shall
remain in full force and effect.
This chapter shall be effective immediately
upon filing with the New York State Secretary of State
