Recognizing the environmental, energy recovery and economic advantages of co-disposal of solid waste and sludge, this article is enacted and is applicable to all sources and collectors of nonhazardous waste within the limits of the City of Glen Cove.
As used in this article, unless the context or subject matter otherwise requires, the following terms or abbreviations shall have the following meanings:
CO-DISPOSAL FACILITY
The co-disposal facility owned by the City of Glen Cove, located on Morris Avenue in the City of Glen Cove.
COLLECTOR
Anyone, including a municipality, engaged in collecting household, commercial and industrial waste.
HAZARDOUS WASTE
Such waste designated to be hazardous by the United States Environmental Protection Agency (USEPA).
NONHAZARDOUS WASTE
Waste as classified by New York State Environmental Conservation Law Title 6 as Types 0, 1, 2 and 3. Type 6 may be included if it is classified as nonhazardous; Types 4 and 5 are not permitted.
NYSDEC
The New York State Department of Environmental Conservation.
SOURCE
Any generator of waste.
TIPPING FEE
The cost charged by the co-disposal facility to the collector to dispose of nonhazardous waste delivered to the facility.
USEPA
The United States Environmental Protection Agency.
A. 
Separation. All waste sources shall separate hazardous and nonhazardous waste prior to pickup by the collector.
B. 
Hazardous waste. Hazardous waste shall be disposed of according to regulations established by the USEPA and/or NYSDEC.
C. 
Nonhazardous waste.
(1) 
All collectors operating within the City limits shall deliver their nonhazardous waste to the co-disposal facility unless directed otherwise.
(2) 
The tipping fee shall be set by the City Council, following public hearing, and shall be effective three days following publication thereof in the official newspaper of the City of Glen Cove.
A. 
Limitations. To assist other municipalities in resolving their solid waste problem in an environmentally and economically sound way, the City of Glen Cove shall, at its discretion, from time to time enter into contracts for periods of not more than 18 months, to accept nonhazardous, Type 2 waste generated within such other municipalities.
B. 
Tipping fee. Such waste shall be delivered to the co-disposal facility, and the collectors shall be charged the same tipping fee as is charged to collectors operating within City limits.
The City of Glen Cove shall, at its discretion, enter into contracts with private carters servicing other communities to accept nonhazardous Type 2 waste for reduction at the co-disposal facility. Each such contract shall be valid for a period of not more than 60 months.
A. 
Any collector or source mixing hazardous and nonhazardous materials shall be guilty of a violation of this article, and shall be subject to a fine not to exceed $500 or imprisonment not to exceed 15 days, or both, for each day such violation occurs or continues, and suspension of collection and/or disposal privileges.
[Amended 5-27-1997 by L.L. No. 2-1997]
B. 
The New York State Department of Environmental Conservation and USEPA shall be notified by the City of any hazardous material violations by such collectors or sources.
C. 
Any collector operating within the City limits who fails to deliver nonhazardous waste collected by it to the co-disposal facility shall be guilty of a violation of this article and shall be subject to a fine as set forth in § 235-42 for each day such violation occurs or continues, and suspension of collection and/or disposal privileges.
[Amended 5-27-1997 by L.L. No. 2-1997]
A. 
Regulated. The City co-disposal facility shall be available for the disposal of refuse under such terms and conditions, rules and regulations as the Director of Public Works shall prescribe.
B. 
Material from outside City. No material originating outside the City limits shall be accepted at the co-disposal facility, except as provided in this article.
This article shall become effective upon receipt by the City of Glen Cove co-disposal facility from the New York State Department of Environmental Conservation of a certificate to operate, but in no event shall such effective date be sooner than three days following the publication of this article in the official newspaper of the City of Glen Cove.
[Added 5-27-1997 by L.L. No. 2-1997; 6-27-2000]
Any person or corporation or officer thereof who shall violate any of the provisions of this article, or who fails to comply therewith or who shall fail to comply with any written notice of violation or order issued by the Building Department Administrator, shall be guilty of a violation within the meaning of the New York Penal Law and, upon conviction, shall be liable to a fine of not less than $1,000 nor more than $2,000 or to imprisonment for a period not to exceed 15 days, or both; and, upon a second conviction for the same offense committed within five years of the date of the first offense, shall be liable to a fine of not less than $2,000 nor more than $3,500 or to imprisonment for a period not to exceed 15 days, or both; and, upon a third conviction for the same offense committed within five years of the date of the second offense, shall be liable to a fine of not less than $3,500 nor more than $5,000 or to imprisonment for a period not to exceed 15 days, or both. Each week that any such violation continues shall constitute a separate and distinct violation. The owner or owners of any building or premises or part thereof where a violation of any of the provisions of this article shall exist or any lessee, tenant, builder, contractor, subcontractor, agent, person or corporation employed in connection therewith and any person who assisted in the commission of any such violation shall each be guilty of a separate offense and, upon conviction thereof, shall be punishable as herein provided.