[Added 11-10-2010 by L.L. No. 6-2010[2]]
The Legislature of Sullivan County finds that:
A.
The New York State Solid Waste Management Plan (the "Plan") and the
Solid Waste Management Act of 1988 (the "1988 Act") mandates that
the amount of solid waste generated and disposed in New York State
be managed through the establishment of programs to reduce the amount
of waste being produced and disposed by recycling and reusing that
portion of the waste stream that feasibly can be so recovered. The
legislature hereby finds that it is in the public interest, in order
to further the purposes of the state policy on solid waste management
articulated in Section 27-0106 of the Environmental Conservation Law,
to require the source separation and segregation of recyclable or
reusable materials from solid waste. Furthermore, the County's
solid waste and environmental public policy establishes that all materials
that may be reused, recycled, or otherwise removed from the solid
waste stream shall be removed through programs offered by the County.
B.
To provide the citizens of the County with effective solid waste
management and recycling services, the County has adopted and amended
its Waste Management Plan and Rules, and has implemented a number
of programs which provide services to all citizens of the County.
Since 1992, the County has provided County-wide solid waste management,
including the mandate of source separation of recyclable materials
from municipal solid waste, recycling and disposal services at the
Sullivan County Landfill and at County-owned and -operated transfer
stations, and the education of our citizens on the mandates of state
and local laws and the benefits of recycling.
C.
The County Legislature has determined as a matter of public policy
that the cost of providing County-wide solid waste management and
recycling services should be borne by the owners of all real property
within the County on which solid waste is capable of being generated
and that have access to the county's solid waste management system.
[Amended 12-20-2012 by L.L. No. 6-2012]
D.
The County Legislature finds that the County-wide solid waste management
system has sufficient capacity to adequately handle all municipal
solid waste, recycling and disposal services generated within the
County.
E.
The County Legislature has determined that substantially all solid
waste is generated on properties capable of generating solid waste
and that have access to the County's solid waste management system.
[Amended 12-20-2012 by L.L. No. 6-2012]
F.
The County Legislature has determined that funding the entire cost
of services and facilities by charging a tipping fee at the County's
solid waste facilities and ad valorem taxes has placed a disproportionate
burden on the taxpayers of Sullivan County.
G.
The County Legislature has determined that attempting to fund the
entire cost of the County's solid waste services and facilities
by a tipping fee alone would be unworkable and unacceptable.
H.
The County Legislature has determined that, in order to remove recyclables
and household hazardous waste from the solid waste stream to the greatest
extent possible, the County should continue to provide recycling and
periodic household hazardous waste services/facilities without requiring
that an on-site tipping fee be charged for such services/facilities
and finds that the cost of such services/facilities be borne by the
solid waste/recycling fee.
I.
Therefore, the Legislature finds that the most equitable method of
funding the cost of the County's solid waste, recycling and household
hazardous waste services is to charge, in addition to a reasonable
tipping fee for solid waste, a rationally based solid waste/recycling
fee to the owners of all parcels of real property within the County
on which solid waste is capable of being generated and that have access
to the County's solid waste management system, and to annually
levy said solid waste fee on the County/town tax bill as a real property
lien against said properties.
[Amended 12-20-2012 by L.L. No. 6-2012]
A.
This Article VIII of Chapter 171 of Part II of the Code of Sullivan County is enacted pursuant to the laws of the State of New York, including Municipal Home Rule Law Section 10(1)(ii)(a)(9-a) and County Law Sections 226-b and 266, authorizing the County to institute a plan to provide recycling, solid waste management and related services and facilities and to charge a fee for such services and facilities, which fee shall cover a portion of the cost of the services being provided, and which fee shall be charged on a rational basis.
B.
The solid waste fee authorized by New York State County Law § 226-b
and 266 and New York State Real Property Tax Law § 1501
is an access fee and is not a tax. However, said fee shall be collected,
enforced and corrected, as necessary, at the same time and in the
same manner as a real property tax. It is the intention of the Sullivan
County Legislature that the fee be billed to property owners simultaneously
with the annual County/town tax levy on or about January 1 of each
year, and as such, shall constitute a real property lien on the affected
real property when levied, along with the rest of the tax bill. It
shall be collected initially by the local collector as part and parcel
of the tax bill and retained by said collector as are other taxes
or fees that are levied on a tax bill, until the local collecting
unit is made whole. Delinquent fees shall be collected and enforced
pursuant to New York State Real Property Tax Law Article 11, along
with the delinquent taxes or other fees on the tax bill on which the
solid waste access fee is contained. In the event the fee is required
to be corrected, the provisions of Real Property Tax Law Article 550
et seq. shall be implemented as applicable and shall be treated as
a correction of error.
[Added 12-20-2012 by L.L. No. 6-2012]
A.
FEES STATUS DATE
LEGISLATURE
RATE SCHEDULE
RECYCLABLES or RECYCLABLE MATERIALS
SOLID WASTE
SOLID WASTE FEE ROLL
SOLID WASTE/RECYCLING FEE
SOLID WASTE/RECYCLING FEE APPEALS COMMITTEE
In addition to the definitions set forth in Article II of this chapter, the following terms shall have the following meanings. In the event of a discrepancy in the definition of a term defined in both Article II and in this Article VIII, the definition in this Article VIII shall take precedence.
The Taxable Status Date for real property, as defined in
Section 302 of the Real Property Tax Law.
The County Legislature of the County of Sullivan.
Refers to the schedule adopted by the Legislature pursuant to § 171-29 below establishing fees to be charged to the owners of real property within the County on which solid waste and/or recyclables are capable of being generated and that have access to the County's solid waste management system.
[Amended 12-20-2012 by L.L. No. 6-2012]
Materials that would otherwise be solid waste, and which
can be collected, separated, and/or processed, treated, reclaimed,
used or reused so that theft component materials or substances can
be beneficially used or reused.
All putrescible and nonputrescible solid waste materials
generated or originated within the County, including, but not limited
to, materials or substances discarded or rejected, whether as being
spent, useless, worthless, or in excess to the owners at the time
of such discard or rejection or for any other reason; or being accumulated,
stored, or physically, chemically or biologically treated prior to
being discarded or rejected, having served their intended use; or
a manufacturing by-product, including, but not limited to, garbage,
refuse, waste materials resulting from industrial, commercial, community,
and agricultural activities, sludge from air or water pollution control
facilities or water supply treatment facilities, rubbish, ashes, contained
gaseous material, incinerator residue, demolition debris and offal;
but not including sewage and other highly diluted water-carried materials
or substances and those in gaseous form, or hazardous waste as defined
in the New York Environmental Conservation Law or its implementing
regulations.
The County solid waste/recycling fee roll determined as of
the fee status date and based on the then-current rate schedule.
An annual fee determined in accordance with the provisions of this Article VIII and which fee is to be billed to and paid by the owners of the real property within the County on which solid waste and/or recyclables may be generated.
A committee comprised of the Commissioner of the Division
of Management and Budget, Treasurer and Commissioner of the Division
of Public Works or their designees.
[Amended 12-20-2012 by L.L. No. 6-2012]
B.
In the event that any date herein falls on a Saturday, Sunday or
legal holiday, then the applicable date shall be the next succeeding
date that is not a Saturday, Sunday or legal holiday.
A.
The solid waste/recycling fee, in accordance with the rate schedule
shall be levied against real property within the County on which solid
waste and/or recyclables are capable of being generated and that have
access to the County's solid waste management system.
[Amended 12-20-2012 by L.L. No. 6-2012]
B.
The solid waste/recycling fee shall be an annual fee covering the
period from January 1 through December 31 of each calendar year.
C.
The Legislature shall establish by resolution a rate schedule setting
forth the fees to be charged to real property within the County on
which solid waste and/or recyclables are capable of being generated
and that have access to the County's solid waste management system.
In addition it is intended that such rate schedule will be comprehensive
and will replace any of the individual rate resolutions which may
have been enacted during 2010 as the fee was being initially developed.
[Amended 12-20-2012 by L.L. No. 6-2012]
D.
Until such time as the County shall have developed a database dedicated
to the solid waste/recycling fee, information with regard to each
parcel of real property within the County on which solid waste and/or
recyclables may be generated, shall be based upon the assessment records
for each property together with such other data as may be deemed necessary
for the purpose of creating a solid waste/recycling fee roll.
E.
On or before December 1 the Legislature shall, by resolution, establish
the rate schedule, which schedule may be changed from time to time
by resolution. Until changed such rate schedule shall remain in effect.
A.
The Director
of Real Property Tax, or such other County official or entity as may
be designated by the County Manager, shall make a reasonable effort
to ascertain the name of the owner, last known owner or reputed owner
and the use of each parcel of real property as of the fee status date.
B.
The County shall prepare a solid waste/recycling fee roll listing
the fee(s) to be charged to the parcels of real property within the
County on which solid waste and/or recyclables are capable of being
generated and have access to the County's solid waste management
system.
[Amended 12-20-2012 by L.L. No. 6-2012]
C.
The solid waste/recycling fee roll shall be completed in sufficient
time so that it and the rate schedule may be used in the preparation
of real property tax bills.
A.
An invoice for the annual solid waste/recycling fee shall be sent
to each owner of real property as a separate line item on the County
tax bill.
B.
The solid waste/recycling fee shall be due January 1 and payable
without interest or penalties by January 31, and payment shall be
made to the local tax collector in person or by mail. The solid waste/recycling
fee shall be collected by the local collectors at the same time and
in the same manner as their collection of local taxes (County Law
§§ 226-b and 266; Real Property Tax Law § 1510).
C.
All annual solid waste/recycling fees shall constitute a debt and
personal obligation of the owner(s) of real property within the County
on which solid waste and/or recyclables may be generated.
D.
Any portion of a solid waste/recycling fee which shall remain unpaid
after January 31 shall bear interest at the same rate and in the same
manner as unpaid real property taxes.
Challenges to any solid waste/recycling fee may be made only
as follows:
A.
Any challenge to the data on the assessment rolls used in compiling
the solid waste/recycling fee roll shall be brought before the assessing
authority at the same time and in the same manner as any other challenge
with respect to an assessment of real property. In the event of any
correction or adjustment resulting from such a challenge, the Town
and County shall remediate such error in the same manner as the correction
of an error, if appropriate, with respect to real property taxes.
B.
Any challenge to the imposition of the solid waste/recycling fee
on a parcel of real property within the County on which solid waste
and/or recyclables may be generated may only be brought as follows:
(1)
The challenge provided for herein shall constitute the sole and exclusive
remedy with respect to any claim that imposition of the solid waste/recycling
fee on any parcel of real property within the County on which solid
waste and/or recyclables may be generated, was improper.
(2)
The challenge shall be brought by no later than March 31.
(3)
The challenge shall be brought before the County's Solid Waste/Recycling
Fee Appeals Committee whose determination shall be final. Such final
determination shall be subject to a judicial review, provided such
petition to commence such judicial review is filed and served within
120 days, as provided in Article 78 of the Civil Practice Law and
Rules, of the date on which the challenger is notified of the determination
of the Committee.
[Amended 12-20-2012 by L.L. No. 6-2012]
(4)
In the event the Solid Waste/Recycling Fee Appeals Committee shall
grant a challenge or grievance, the property owner shall be granted
a credit or refund, in the amount determined by said Committee.
A.
The County shall be entitled to commence a civil action to foreclose
upon any lien upon property in the same manner and to the same extent
as its ability to foreclose upon a lien for the nonpayment of real
property taxes, or in accordance with any other provision of law to
collect any amount due to it.
[Amended 12-20-2012 by L.L. No. 6-2012[1]]
B.
Any unpaid solid waste/recycling fee shall be subject to a two-year
redemption period which period shall commence on January 1 when such
fee was first levied and became a lien on the property.
[Amended 12-20-2012 by L.L. No. 6-2012]
If any word, clause, sentence, paragraph, section or part of
this article shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
word, clause, sentence, paragraph, section or part thereof involved
in the controversy in which such judgment shall have been rendered
and that rest and remainder of this article shall be given the fullest
extent possible, consistent with law and consistent with the intent
of this article as determined from the content of the entire article.
