A. 
All solid waste generated within Monroe County, New York, shall only be transported or disposed of at solid waste facilities licensed by the County of Monroe or at solid waste facilities owned by the County of Monroe. Only facilities wholly located within Monroe County shall be subject to the license requirements of this Part 1. The Director may authorize a solid waste hauler to dispose of solid waste generated within Monroe County at a solid waste facility located outside the County of Monroe, provided that such facility has been approved by the Director for such disposal and provided that such disposal activity conforms to the standards established by the Director with respect to solid waste disposal. The standards of approval by the Director for facilities outside the County of Monroe shall be the same as for facilities within the County of Monroe.
B. 
Solid waste generated outside of Monroe County, New York, shall not be accepted at facilities licensed by the County of Monroe unless approved by the Director at the time of issuance of the facilities' licenses or at such other time as the Director authorizes.
C. 
All deficiencies reported to the Director with respect to persons or facilities licensed or regulated by the County of Monroe under this Part 1 shall be corrected within seven days unless stated otherwise within this Part 1 or unless an extension is granted in the citation.
D. 
Should any conflict exist between any provision of this Part 1 and any other rule, regulation, code, ordinance or law enacted by the County Legislature, this Part 1 shall apply.
E. 
All applicable provisions of the Williams-Steiger Occupational Safety and Health Act of 1970 (OSHA), as amended, shall apply to persons or facilities licensed or regulated by the County of Monroe under this Part 1.
F. 
A license shall be required to operate all solid waste hauling or transfer vehicles, including vehicles owned, leased or operated by private persons, municipal governments or departments thereof or public improvement or special districts, and a license shall be required to construct or establish a new solid waste facility. A license shall also be required to maintain or operate a solid waste facility, except that municipal landfills existing as of the date of the adoption of this Part 1 shall be exempt from such license requirement.
G. 
The payment of application and license fees shall not be required if the applicant is a governmental agency acting in a governmental capacity.
A. 
It shall be unlawful for any person to transport for the purpose of disposing or to dispose of any solid waste without obtaining a license as required herein.
B. 
It shall be unlawful for any solid waste hauler to discharge, dump or empty any solid wastes from any vehicle except at a solid waste facility licensed or approved by the Director, if such facility is within Monroe County, or a solid waste facility approved by the Director, if such facility is located outside Monroe County.
C. 
It shall be unlawful for any licensee to treat, destroy or dispose of solid waste except by a method approved by the Director.
D. 
It shall be unlawful for any licensee to treat, destroy or dispose of any special wastes or hazardous wastes except by a method or in a manner approved by the Director.
E. 
It shall be unlawful to meddle with, hinder or impede in any way whatsoever any person rightfully engaged in the hauling, transporting or disposing of solid waste.
F. 
This section shall not apply to any private resident who occasionally transports or disposes any solid waste generated on the property at which he resides or to any institution or business establishment not in the business or practice of solid waste hauling or disposal which occasionally transports or disposes of any solid waste generated by such institution or business establishment.
A. 
All right, title and interest in and to all solid waste delivered to solid waste facilities owned by the County of Monroe shall pass from the solid waste hauler to the County of Monroe when and at such time that the solid waste contained in such hauler's vehicle is deposited in or upon such facilities. Title shall be vested irrevocably in such owner so long as such solid waste remains in the possession and control of such owner or its agent. No other indicia or evidence of title shall be required to assert title to such waste.
B. 
Title to solid waste deposited by any person in a solid waste facility owned by the County of Monroe, which facility's primary purpose is to process solid waste in such a manner that will produce at the completion of such process a product or commodity which may have a market value, shall vest in the owner of such facility and shall remain in such facility owner during and upon completion of such processing.
A. 
All hazardous wastes, bulky wastes or other special wastes shall be transported and disposed of with the written approval of the Director.
B. 
Explosives, ammunition and highly inflammable materials shall be transported and disposed of in accordance with the instructions of the local police or fire officials and any applicable state and local laws.
C. 
Pathological and infectious wastes shall be transported and disposed of in accordance with the instructions of the local health official and the State Health Law.
D. 
Poisons, acids, dangerous chemicals or combinations of chemicals shall be pretreated, as necessary, and transported and disposed of in accordance with any applicable state and local laws and with the approval of the Director.
E. 
Radioactive materials shall be disposed of in accordance with the instructions of any applicable federal, state and local laws.
A. 
Collection records.
(1) 
All solid waste haulers shall keep such records as are required by Article IV, Licenses and Fees.
B. 
Transportation.
(1) 
All vehicles used to haul, transport or dispose of solid waste shall be of an approved type of standard vehicle commonly utilized to haul, transport or dispose of solid waste, whose body shall be of metal or other impervious material. All vehicles shall be constructed and maintained so as to prevent solid waste from accumulating in or on the body and shall be capable of being completely emptied.
(2) 
Any authorized-type vehicle used to haul solid waste, wet or dry, shall be constructed with fully enclosed body or other approved type by the Director to minimize the escape of any noxious or disagreeable odors or the escape of any of the vehicle's contents, either liquid or solid.
(3) 
Any vehicle whose use is intended for dry wastes, such as trash, rubbish, empty boxes, papers, grass and tree trimmings, cans, bottles and all similar material or special waste, special bulky waste, hazardous waste, rubble or oversized bulky waste, may be of open-body type but shall be equipped with eye hooks, cleats or other similar hold-fast facilities fixed to sides and ends of the vehicle and with a tarpaulin or other approved cover to prevent blowing off, spilling or scattering of the same along the route of the haul.
(4) 
All vehicles used by any solid waste hauler shall display the name of the collector, the license number and the number of the vehicle, all clearly printed in a contrasting color to the vehicle color and readily visible on each side of the vehicle.
(5) 
All vehicles used to haul or transport solid waste shall be subject to inspection by the Director. Such inspection shall be solely for the purpose of determining compliance with the requirements of Subsection B(1), (2), (3) and (4) above.
The following provisions shall apply to all solid waste facilities, including but not limited to refuse transfer stations, refuse treatment facilities and refuse disposal areas or sites, except as modified hereafter or as ordered by the Director.
A. 
All facilities shall be so situated, equipped, operated and maintained as to minimize interference with other activities in the area.
B. 
A permanent sign, subject to the approval of the Director, shall be posted at the site entrance, identifying the facility named, and shall show all license numbers, the name and address of the owner and operator, the schedule of days and hours it is in operation and, if applicable, when open to the public and the current schedule of fees for use.
C. 
Access to all facilities shall be limited to those times when authorized personnel are on duty. At all other times, the premises shall be secured with fences and locked gates when required by the Director.
D. 
All incoming and outgoing traffic shall be controlled in such a manner as to provide orderly and safe ingress and egress.
E. 
All permanent roads to and on the premises having continuous use shall be paved and of adequate design for the intended use.
F. 
The premises shall be constructed and landscaped in such a manner as to be aesthetically pleasing in appearance.
G. 
The premises, entrances and exits shall be maintained in a clean, neat and orderly manner at all times.
H. 
Sanitary facilities, safe drinking water and shelter for personnel shall be provided on the premises to conform with applicable safety and sanitary standards set forth in the New York Public Health Law and the Occupational Safety and Health Act of 1970, as last amended.
I. 
All buildings shall conform to all applicable provisions of state and local fire prevention, building and zoning codes.
J. 
Adequate parking areas shall be provided and maintained at all facilities.
K. 
Fire-fighting equipment, meeting the standards of Underwriters' Laboratories, Inc., or standards of the National Fire Protection Association, shall be available in the storage and charging areas and elsewhere as needed.
L. 
Arrangements shall be made with the local fire protection agency to provide fire-fighting forces in an emergency.
M. 
Adequate communication facilities shall be provided for emergency purposes.
N. 
Operating records shall be maintained on a monthly basis indicating the type and quantity of solid waste entering, stored at, processed, treated and disposed of at the facility and the type and quantity of any refuse, residue or products leaving the facility and the destination of the same. Such records shall be available for annual review by the Director.
O. 
All facilities shall be designed to provide for adequate dust control in all operating areas.
P. 
Adequate washing and disinfecting equipment shall be provided as necessary at all facilities.
Q. 
All areas of the facility shall be washed and disinfected as often as necessary to maintain them in a clean and sanitary manner.
R. 
All wastewater and washwater shall be discharged into a sanitary sewer or other approved disposal system.
S. 
All facilities shall be operated in such a manner as to prevent the harborage of rodents, flies or other vectors.
T. 
All unloading of solid waste shall be conducted in such a manner as to minimize odor and litter outside the facility.
U. 
All solid waste shall be properly contained or disposed of by the end of each day of use.
A recycling process facility shall be licensed by the Director and shall meet the following criteria for such a license. The applicant must provide to the Director the following information:
A. 
The name and business of the applicant.
B. 
A full legal description of the proposed site of the facility, including the owner of record or, if nonowned, documentary proof of the right to such site.
C. 
Two complete sets of site plans shall be provided with the application.
D. 
An operational plan, including the classification, volume and weight of solid waste to be delivered, the materials to be recovered, anticipated volume and weight of nonrecoverable residue.
E. 
Hours of operation.
F. 
The method of transporting the residue from the recycling facility, including the destination and identity of carriers utilized.
G. 
Proof of compliance and conformity with all applicable local fire prevention, building and zoning codes and ordinances.
H. 
A demonstrated technical competence for operating such a facility.
I. 
A complete environmental impact statement prepared in accordance with the official guidelines set forth by the Director.
J. 
Written approval of all state and local agencies having jurisdiction.
A. 
All sanitary landfills must meet the following criteria for site selection:
(1) 
The project must be capable of meeting all applicable requirements of this Part 1 with respect to operation of a solid waste facility.
(2) 
The site shall be accessible via a road system (or other transport facility) approved by the Director as being adequate in terms of structural sufficiency, traffic capacity and safety.
(3) 
The site shall be so situated with respect to public roads, residences and recreation areas that nuisance to nearby land users does not occur during or after operations.
(4) 
The site shall be of sufficient area and capable of accommodating sufficient fill height to provide space for the volume anticipated within the final grades required to meet the project design.
(5) 
The site shall be such that a maximum attenuation of leachate is accomplished by interaction with sufficiently fine-grained subgrade soil and by maintaining a sufficient thickness of such soil between the lowest solid waste and the seasonal groundwater.
(6) 
It should be readily feasible to prevent concentrated surface drainage, seeps or springs from flowing into the solid waste or standing water or floodwaters from reaching elevations as high as the lowest solid waste.
(7) 
Sufficient soil of low permeability and satisfactory workability shall be readily available to meet all requirements of daily, intermediate and final cover. Sufficient suitable topsoil shall be available to meet final landscaping requirements.
(8) 
The site in its finished configuration shall be suitable for the subsequent use designated for the area.
B. 
In addition to the foregoing, the following additional criteria shall be adhered to:
(1) 
All refuse disposal areas, existing and proposed, shall be operated as sanitary landfills in conformance with Title 6 of the New York Codes, Rules and Regulations, Part 360, as last amended.
(2) 
The open fill and trench areas of any sanitary landfill sites are prohibited within shorelands, floodlands or wetlands. No watercourse or natural drainage shall be blocked or impaired by any landfill operations.
(3) 
Sanitary landfill sites are prohibited in a major groundwater recharge area or where public or private water supplies may be contaminated based upon a recognized composite hydrogeological evaluation.
C. 
All sanitary landfills shall be subject to the inspection of the Director and the owners or operators thereof shall submit such reports as the Director may require.
D. 
A license shall be obtained from the Director to construct, establish, maintain or operate a sanitary landfill.
E. 
The following information shall be submitted as a part of the application:
(1) 
Proof of ownership of or rights on the land upon which the sanitary landfill is to be located.
(2) 
Proof of compliance and conformity with all applicable local fire prevention, building and zoning codes and ordinances.
(3) 
Submission of a comprehensive plan of operation, including a survey or drawing of the site, plans for compliance with the regulations set forth in this Part 1 and plans for land use upon termination of the sanitary landfill operation. Such comprehensive plan shall be subject to the approval of all appropriate state and local agencies that may have jurisdiction. A minimum of two sets of the comprehensive plans and specifications prepared by a licensed professional engineer shall be submitted to the Department of Public Works. The following information shall be included in the comprehensive plan:
(a) 
A current map or aerial photograph of the area showing land use and zoning within 1/4 mile of the solid waste disposal site. The map or aerial photograph shall be of sufficient scale to show all homes, buildings, lakes, ponds, watercourses, wetlands, dry runs, rock outcroppings, roads and other applicable details and shall indicate the general topography with contours and drainage patterns. Wells shall be identified on the map or aerial photograph, United States Geological Survey datum shall be indicated and a North arrow drawn. A location insert map shall be included.
(b) 
A plot plan, including legal description of the site and immediate adjacent area, showing dimensions; location of soil borings; present and planned pertinent features, including but not limited to roads, fencing and cover stockpiles; and the plan of development, including any excavation, trenching and fill. The scale of the plot plan should not be greater than 200 feet per inch.
(c) 
An ultimate land use plan, including intermediate stages, identifying the total and complete land use. The scale of the ultimate land use plan shall not be greater than 200 feet per inch.
(d) 
A report shall accompany the plans, indicating:
[1] 
Population and areas expected to be served by the proposed site.
[2] 
Anticipated type, quantity and source of material to be disposed of at the site.
[3] 
Geological formations and groundwater elevations to a depth of at least 25 feet below proposed excavation and lowest elevation of site, including the high-water table. Such data shall be obtained by soil borings or other appropriate means.
[4] 
Source and characteristic of cover material and method of protecting cover material for winter operation.
[5] 
Type and amount of equipment to be provided at the site for excavating, earth moving, spreading, compacting and other needs.
[6] 
Area of site in acres.
[7] 
Owner of site.
[8] 
Persons responsible for actual operation and maintenance of the site and intended operating procedures.
[9] 
Such measures as may be necessary to seal the site sufficiently so that wastes and leachings will not reach any ground- or surface water.
(e) 
An interim and an ultimate landscaping plan showing the visual screening of the site by the use of natural objects, trees, plants, seeded soil berms, fences, etc.
(f) 
Such additional clarifying data as may be requested by the Director.
(g) 
Complete environmental impact statement prepared in accordance with official guidelines set forth by the Director.
(h) 
Written approval of all state and local agencies having jurisdiction.
(4) 
At the discretion of the Director, certain of the above may be waived with license applications for existing facilities.
(5) 
A licensee may request from the Director a departmental hearing for the purpose of submitting proposed changes to the licensee's approved comprehensive plan of operation for approval. All provisions of this section applicable to the proposed changes shall be satisfied prior to the hearing.
F. 
Landfill operations.
(1) 
All provisions of § 347-14 of this Part 1 shall apply.
(2) 
Before commencing operation of a sanitary landfill, the owner shall have completed the site preparation in accordance with his approved comprehensive plan of operation.
(3) 
The owners shall construct and maintain survey monuments, boundary fences and bench marks as shown on his approved comprehensive plan of operation or as may otherwise be required for reference and control of operations.
(4) 
The owner shall at all times provide and maintain all fences, appliances and other equipment as set forth in his approved comprehensive plan of operation or as may otherwise be required so as to prevent or eliminate any nuisance created by dust, odors, blowing of papers, vector or other matters that may be construed to be a public nuisance.
(5) 
Sufficient equipment in good operating condition shall be available on the premises at all times in order to comply with the approved comprehensive plan of operation and the provisions of this Part 1 and to assure the continuing operation of the sanitary landfill.
(6) 
During the posted hours of operation, the owner must accept all solid waste approved for that landfill, provided that it is delivered by a solid waste hauler with a valid license and that the required fee is paid.
(7) 
Rubble or bulky solid waste shall be disposed of in such a manner as to prevent unsightliness or any unsanitary condition or hazard.
(8) 
The Director may refuse to permit the depositing of certain materials, such as special bulky wastes or hazardous wastes, where, in the opinion of the Director, such waste constitutes a dangerous or hazardous condition in relation to regular landfill operations.
(9) 
The disposal of all hazardous and special wastes is prohibited at a sanitary landfill unless the Director and the operator expressly approve the disposal of a particular waste at a specific landfill site. Such disposal shall be subject to such conditions and restrictions as the Director and the operator deem necessary.
(10) 
Salvage or scavenger operations shall not be permitted at any sanitary landfill.
(11) 
No open burning of any kind shall be permitted in connection with a sanitary landfill operation.
(12) 
A ground- and surface water monitoring system shall be required at the owner's expense.
(13) 
Within one month after final termination of a site or a major part thereof, the area shall be covered with at least two feet of compacted cover material adequately sloped to allow surface water runoff. No holes or depressions which might result in collection of surface water shall remain or exist after such covering. This cover material shall be brought to final elevation shown on the approved comprehensive plan of operation. Within eight months after final termination of a site or a substantial part thereof, adequate ground cover shall be established according to the interim or ultimate landscaping plan submitted with the license application.
(14) 
Accurate daily records of site operations shall be maintained. These records shall contain information pertinent to site operation. Intake of solid waste in tons or cubic yards shall be recorded daily in a manner acceptable to the Director. General areas in which a particular type of solid waste disposal takes place shall be filed. Disposal of any hazardous wastes shall be recorded the day each disposal takes place and shall include the amount and type of waste disposed of, the location on the site and the name and address of the source of the wastes. These records shall be available at all times for review and inspection.
(15) 
The owner shall be required to allow free access for inspection of the facility at all reasonable times to the Director or to the proper representative of any other governmental agency for the purpose of making such inspections as may be necessary to determine compliance with the requirements of this Part 1 or any other applicable statute, ordinance or regulation.
(16) 
A detailed description and site plan of the completed sanitary landfill shall be recorded with the Monroe County Clerk's Office within 30 days after approval of the final condition of the landfill or phase thereof by the Director. This description shall include the general type and location of deposited solid waste, original and final terrain descriptions and other pertinent characteristics of the completed sanitary landfill site.
(17) 
The owner shall use appropriate construction techniques necessary to avoid landfill-associated hazards to any structures and facilities that are built upon the fill. No residential construction shall be permitted over the fill.