A. 
All municipal entities covered by the Sanitation Code of the Town of North Hempstead shall be guaranteed the per-ton rates for disposal provided to North Hempstead operated garbage districts. These rates shall include only those disposal costs as outlined in the long-term waste disposal agreement then in effect, plus costs directly associated with the operation and oversight of the North Hempstead solid waste transfer station.
B. 
The rate guarantee provided herein shall be contained in an intermunicipal agreement duly approved and executed by a Village and the Town and returned to the Commissioner prior to the commencement of the long-term disposal agreement on May 1, 2010. Said intermunicipal agreement shall contain provisions for changes in tipping fees and other rates to be made by the Town solely on an annual basis with every Village party to the intermuncipal agreement to be notified by the Town no later than the first day of June of each year of said intermunicipal agreement, or renewal period thereof, and shall also contain a provision that the Town will guarantee that it will abide by the terms of the Sanitation Code of the Town of North Hempstead in effect as of the date of the intermunicipal agreement, as those terms relate to Villages.
[Amended 10-21-2021 by L.L. No. 20-2021]
[Amended 11-17-2009 by L.L. No. 17-2009]
A. 
A Village shall be exempt from the provisions set forth in § 46-14A, through K, N and O of Article II of this chapter, requiring such Village to dispose of all Acceptable Waste, Recyclables, Yard Waste or Construction and Demolition Debris at a Solid Waste Management Facility designated by the Commissioner, where such items are generated within its borders and collected directly by the Village or by a vendor retained by the Village, and from the provisions of § 46-16 of Article II of this chapter, requiring every contract or renewal thereof for the collection, transportation, processing or purchase of Solid Waste or Recyclables made by such Village to conform to said provisions of §§ 46-14 and 46-16, upon filing with the Authority and the North Hempstead Town Clerk a declaration of exemption adopted by the Village Board. Said declaration of exemption must be made by April 1, 2010, to take effect May 1, 2010, and by May 1, 2014, to take effect on May 1, 2015. The Town shall provide all Villages with written notification of the time limits set forth in this section at least 30 days prior to the first day of May 2014.
[Amended 4-6-2010 by L.L. No. 2-2010]
B. 
If a Village declares an exemption pursuant to this section, any such declaration shall include a provision indemnifying the Town and the Authority from responsibility or liability under any applicable New York State law, rule or regulation relating to solid waste collection, disposal or recycling activities conducted or authorized by said Village, including but not limited to New York State Environmental Conservation Law § 27-0107 (Local Solid Waste Management Plans) and 6 NYCRR Part 360, Subpart 15 (Comprehensive Solid Waste Management Planning).
C. 
A Village’s declaration of exemption pursuant to this section shall not prevent the Town or the Authority from enforcing the provisions of Article II of this chapter upon Commercial and/or private (nonmunicipal) Collectors.
[Amended 11-17-2009 by L.L. No. 17-2009]
A. 
Any Village which has been exempted pursuant to § 46-22 of the Sanitation Code of the Town of North Hempstead may submit an application to the Commissioner requesting the withdrawal of their exemption. Such application shall be in writing and must be received by the Commissioner between the first of September and the first of December in any given year in order to go into effect on May 1 of the following year. Such application shall contain a resolution, duly adopted by the Village Board, requesting withdrawal of their exemption and detailing the type and quantity of Acceptable Waste and Recyclables to be covered.
[Amended 4-6-2010 by L.L. No. 2-2010; 10-21-2021 by L.L. No. 20-2021]
B. 
Withdrawal of the exemption shall be granted upon establishing that disposal of the additional Acceptable Waste and Recyclables at a publicly owned Solid Waste Management Facility designated by the Commissioner does not exceed available capacity at such facility under the existing long-term disposal agreement.
C. 
The Town shall not be responsible for costs associated with such application. This provision does not apply to work performed by full-time Town personnel.
[Amended 10-21-2021 by L.L. No. 20-2021]
This chapter, as amended, shall take effect immediately upon filing with the Secretary of State.