[Adopted 11-21-1989 by L.L. No. 7-1989]
A.
Pursuant to Chapter 773 of the Laws of 1987 of the State of New York,
entitled "An Act in Relation to Solid Waste Treatment and Disposal
in Saratoga County," effective August 7, 1987, the County of Saratoga
was authorized among other things to regulate residential and commercial
haulers of recyclable materials by the establishment of a permit system
and to fix and collect fees with respect thereto for the operation
and development of solid waste management resource recovery facilities.
In addition, such legislation empowered the County of Saratoga to
adopt and amend local laws, ordinances or regulations relative to
enforcement, including the right to invoke fines, suspend or revoke
permits, take injunctive actions and to pursue and enforce any other
appropriate remedy.
B.
Pursuant to Article I, Recycling, of this chapter, this Board of Supervisors did establish a Countywide recycling program. The goal of the program was the reuse and recycling of materials to reduce the existing waste stream and to further the expressed policy of the State of New York to save landfill space, to reduce waste disposal problems, and to conserve precious resources.
C.
The implementation of a permit system pertaining to the use of the
County's five recycling centers is hereby enacted because of
the inherent and in some instances latent public health hazards associated
with storage and disposal of recyclable materials. It is this Board
of Supervisors' responsibility to closely regulate and police
the source and contents of the recyclable materials being deposited
as well as the activities of persons who deposit recyclables.
D.
The Saratoga County Board of Supervisors does hereby find that the
Saratoga County recycling centers are a service provided by the County
of Saratoga for the benefit of its residents. Furthermore, the provision
of this service is in keeping with the legislative mandates of the
State of New York. By the adoption of this article, this Board of
Supervisors does hereby continue to promote recycling by its residents
and its businesses. It is the purpose and intent of this article to
regulate the use of the County-owned recycling centers by controlling
the deposit of recyclables within the County's recycling facilities,
the source and contents thereof, and thereby promoting the health,
safety and welfare of the citizens of the County of Saratoga.
E.
It is the intent of this Board of Supervisors hereby to implement
a uniform County-wide permit system wherein the holder of a valid
use permit shall be entitled to use any of the County of Saratoga's
recycling facilities.
As used in this article, the following terms shall have the
meanings indicated:
Any person, firm or corporation who deposits recyclables
originating from commercial sources within the County or recyclables
originating from Saratoga County residents when the commercial hauler
delivers the same for a fee or any recyclables which are transported
to the County of Saratoga's recycling centers in a vehicle larger
than a pickup truck.
The locations defined pursuant to the regulations promulgated pursuant to § 277-13, Supplemental regulations, authorizing the distribution of permits for use of the County of Saratoga's recycling centers.
Those items as defined in Article I, Recycling, of this chapter and any amendments thereto.
Any of the County of Saratoga's existing or future recycling
centers.
Any individual resident of the County of Saratoga who deposits
recyclables originating from his or her private residence who hauls
such recyclables to a County of Saratoga recycling center either by
passenger vehicle or by pickup truck.
The holder of a valid use permit shall be entitled to use any of the recycling facilities within the County of Saratoga, provided that the holder continues to be in compliance with this article and the rules and regulations promulgated pursuant to § 277-13 hereof.
A.
No person, firm or corporation shall dispose of recyclables, whether
commercial or residential, at a Saratoga County recycling facility
if such recyclables come from outside the County of Saratoga.
B.
No person shall deposit or cause to be deposited any recyclable material
of any kind at any of the County of Saratoga's recycling facilities
except as directed by the person in charge of such facility. Such
directions may be given personally or by a sign or signs erected upon
the premises.
C.
No person shall deposit any recyclables at the County of Saratoga's recycling facilities that are not so specified and defined in Article I, Recycling, of this chapter and any amendments thereto.
D.
No person shall deposit any recyclables at the County of Saratoga's
recycling facilities that are toxic, hazardous, or corrosive as defined
by the United States Environmental Protection Agency (EPA) or the
New York State Department of Environmental Conservation (DEC).
E.
No person shall deposit any recyclables at the County of Saratoga's
recycling facilities that are explosive or inherently dangerous.
A.
Residential haulers. All residential haulers, prior to depositing
recyclables at recycling facilities, shall have a valid permit.
B.
Commercial haulers.
(1)
No commercial hauler shall deposit recyclables at a recycling facility
unless and until said commercial hauler has been issued a permit by
the County of Saratoga and said permit is in full force and effect
at the time of the delivery of the recyclables.
(2)
Commercial hauler permits shall not be transferable and shall expire pursuant to § 277-13 hereof.
(3)
Commercial hauler permits shall be issued upon compliance by the commercial hauler with the rules and regulations promulgated by the County of Saratoga pursuant to § 277-13 hereof.
(4)
Commercial hauler permits may be revoked by the County of Saratoga
upon the occurrence of any of the following violations:
(a)
Failure to pay the annual permit fee as prescribed by rules and regulations pursuant to § 277-13 hereof.
(b)
Any misrepresentation in the application for a commercial hauler
permit.
(c)
Transfer of a commercial hauler permit without notice to the
County of Saratoga.
(d)
Violation of any federal or state environmental rule, order,
law or ordinance.
[Amended 9-25-1990 by L.L. No. 9-1990]
A.
Residential haulers. Any residential hauler violating any provision of this article shall be guilty of a violation and, upon conviction thereof, shall be punishable by a fine not to exceed $100 for the first offense, $200 for the second offense and $300 for each subsequent offense, or by imprisonment in the County jail for a term not to exceed 15 days, or by both such fine and imprisonment. In addition, any residential hauler violating any provision of this article shall be subject to the sanctions prescribed in § 277-12, Revocation of privileges.
B.
Commercial haulers. Any commercial hauler violating any provision of this article shall be guilty of a violation and, upon conviction thereof, shall be punishable by a fine not to exceed $300 for the first offense, $700 for the second offense and $1,000 for each subsequent offense, or by imprisonment in the County jail for a term not to exceed 15 days, or by both such fine and imprisonment. In addition, any commercial hauler violating any provision of this article shall be subject to the sanctions prescribed in § 277-12, Revocation of privileges.
A.
Residential hauler. Any residential hauler found in violation of
any of the provisions of this article, upon conviction thereof, shall
thereafter be denied the use of the recycling facility and shall have
the privileges revoked for a period not to exceed two weeks for the
first offense, one month for the second offense, and six months for
each subsequent offense.
B.
Commercial hauler. Any commercial hauler found in violation of any
of the provisions of this article, upon conviction thereof, shall
thereafter be denied the use of the County's recycling facilities
and shall be punished by a revocation of privileges not to exceed
one month for the first offense, six months for the second offense
and one year for each subsequent offense.
The Commissioner of Public Works is hereby authorized to promulgate
rules and regulations pertaining to solid waste and he is further
authorized to establish administrative procedures for the issuance
of permits to users of the County of Saratoga's recycling centers.
