[Adopted by L.L. No. 8-1991; amended in its entirety 9-21-2010 by L.L. No. 4-2010]
This article shall be known as the "Ulster County Mandatory
Source Separation and Recycling Law."
The Ulster County Legislature finds that:
A.
The County faces an increasing threat to its environmental and economic
well-being from the solid waste disposal crisis.
B.
The solid waste disposal crisis is exacerbated by people discarding
in landfills a significant amount of material that can be recycled.
C.
The State Legislature, in order to resolve the solid waste disposal
crisis, delegated to the Agency extensive authority, responsibility,
and power to plan, construct, operate, maintain, and finance projects
for the management of the County's solid waste stream.
D.
The County Legislature, in order to resolve the solid waste disposal
crisis, established the Agency as the planning unit to prepare a Solid
Waste Management Plan (the plan) for the County and approved the plan.
E.
Maximizing waste reduction, reuse, and recycling ensures the attainment
of not only the state's recycling goals as set forth in the 1988 Solid
Waste Management Act, but also the County's recycling goals as set
forth in the plan.
F.
In order to implement the plan and maximize reduction, reuse, and
recycling, the County wishes to adopt this Mandatory Source Separation
and Recycling Law.
G.
The Mandatory Source Separation and Recycling Law should, in part,
address the solid waste disposal crisis by removing regulated recyclable
materials from the solid waste stream, thereby reducing the required
capacity of existing and proposed landfills; decreasing the flow of
solid waste to landfills; increasing the life expectancy of existing
and future landfills; reducing the cost of solid waste disposal; aiding
in the conservation of valuable resources; preserving the health,
safety and welfare of the public; and preserving the environmental
quality of Ulster County.
H.
The Mandatory Source Separation and Recycling Law is consistent with
the plan because the purpose of this article is to:
(1)
Source separate all regulated recyclable materials, as defined in § 304-9, from the solid waste stream in Ulster County;
(2)
Separate regulated recyclable materials into designated recyclable
categories before such materials enter the Municipal Recycling System;
(3)
Account for all regulated recyclable materials through reporting
requirements so that the County may measure its progress in attaining
the state and County recycling goals;
(5)
Ensure that separate regulated recyclable materials are properly
and economically aggregated, processed, and sold or delivered to recycling
markets;
(6)
Secure long-term, stable, and environmentally appropriate markets
for the County and its municipalities to survive periods of market
downturns; and
(7)
Ensure that education and technical assistance are provided to all
persons in the County on source separation and recycling.
I.
The Mandatory Source Separation and Recycling Law will be implemented
by the Ulster County Resource Recovery Agency because the Agency has
been delegated the authority and responsibility to manage the solid
waste stream and has been established as the planning unit for the
County.
J.
The Mandatory Source Separation and Recycling Law seeks to maximize
recycling by:
(1)
Maintaining a partnership effort between the Agency and private sector;
(2)
Ensuring that a sufficient amount of regulated recyclable materials
enters the County's Municipal Recycling System to result in a cost-effective,
successful operation.
(3)
Having the Municipal Recycling System serve as the market of last
resort; and
This article adopted pursuant to § 120-aa of the General
Municipal Law, § 10 of the Municipal Home Rule Law, § 2050-t,
Subdivision (3), of the Public Authorities Law, and Article 27 of
the Environmental Conservation Law.
As used in this article, the following terms shall have the
following meanings:
The Ulster County Resource Recovery Agency created under
Chapter 936 of the Laws of 1986 of the state, as amended.[1]
A publication, such as a book, pamphlet, or magazine, created
for the purposes of advertising or sales as specified by the Agency
in the rules and regulations.
Any charitable organization registered under Article 7-A
of the Executive Law.
Businesses, industries, and manufacturing enterprises operating
for profit.
The process of mixing various categories of recyclable paper
as specified by the Agency in the rules and regulations. See also
"mixed paper."
The process of mixing various regulated recyclables as specified
by the Agency in the rules and regulations.
The process of aerobic, thermophilic decomposition by microbial
degradation of solid organic constituents of solid waste to produce
a stable, humus-like material called “compost.”
A solid waste management facility used to provide aerobic,
thermophilic decomposition by microbial degradation of solid organic
constituents of solid waste to produce a stable, humus-like material.
Clean, untreated or uncoated, white sulphite or sulphate
papers, with or without colored stripes, manufactured for use in computer
printers, which may or may not be imprinted with impact (nonlaser)
or laser printing, as specified by the Agency in the rules and regulations;
excluding, however, ground-wood computer printout or other contamination.
Uncontaminated solid waste resulting from the construction,
remodeling, repair and demolition of utilities, structures and roads;
and uncontaminated solid waste resulting from land clearing. Such
waste includes but is not limited to bricks, concrete and other masonry
materials, soil, rock, wood (including painted, treated and coated
wood and wood products), land-clearing debris, wall coverings, plaster,
drywall, plumbing fixtures, nonasbestos insulation, roofing shingles
and other roof coverings, asphaltic pavement, glass, plastics that
are not sealed in a manner that conceals other wastes, empty buckets
10 gallons or less in size and having no more than one inch of residue
remaining on the bottom, electrical wiring and components containing
no hazardous liquids, and pipe and metals that are incidental to any
of the above.
The inclusion of substance(s) or condition(s) that render
the otherwise recyclable or compostable materials, including regulated
recyclable materials and yard waste, less marketable as specified
by the rules and regulations.
All clean, dry, brown paperboard, referred to in industry
as "old corrugated cardboard." This includes boxes, cartons or other
containers or dividers made of either kraft, test liner or jute, with
a center fluting between layers, commonly used for packing, mailing,
shipping or containerizing goods, merchandise or other material, or
other cardboard as specified by the Agency in the rules and regulations;
excluding, however, noncardboard materials, plastic, foam, or wax-coated
or soiled cardboard.
The entire County of Ulster as constituted and existing under
the laws of the state.
The categories into which the regulated recyclable materials
shall be separated as designated by the Agency through rules and regulations.
Instances in which the full avoided costs of proper collection,
transportation, and disposal of source-separated materials are equal
to or greater than the cost of collection, transportation, and sale
of said material less the amount received from the sale of said material
per Subdivision 2 of § 120-aa of New York State General Municipal
Law.
Any surplus, obsolete, broken, or discarded electrical or
electronic devices, including but not limited to televisions, computer
monitors, computer peripherals, electronic office equipment, telephones,
and electronic entertainment devices as specified by the Agency in
the rules and regulations.
Any person or legal entity that produces solid waste, including
regulated recyclable materials requiring off-site disposal.
All clean, empty glass containers made from silica or sand,
soda ash and limestone, which are transparent or translucent, and
are commonly used for the packaging or bottling of various products.
These containers shall include all clear or colored glass bottles,
jars, and jugs, as specified by the Agency in the rules and regulations;
excluding, however, pottery or ceramics, lead-based glass (such as
crystal), plate glass, window or auto pane, mirrors, light bulbs,
heat-resistant glass or ovenware, thermopane, laboratory glass, safety
glass, or other contaminated glass.
Any person engaged in the business or activity of collecting,
storing, and transporting regulated recyclable materials.
Household products that contain corrosive, toxic, ignitable,
or reactive ingredients, including but not limited to pesticides,
oil-based paints, solvents and certain batteries as specified by the
Agency in the rules and regulations.
Private or public organizations, such as schools, hospitals,
prisons, religious establishments, and not-for-profit organizations,
whose purpose is to provide for the public welfare.
A periodical containing a collection of articles, stories,
pictures or other features.
Local Law No. 8-1991, passed by the Ulster County Legislature
on December 31, 1991, and all subsequent revisions approved by the
Legislature.
A business which buys, sells, or accepts recyclable materials,
including regulated recyclable materials, or compost for the purpose
of reuse as a product or in the manufacturing of new products.
A facility that accepts recyclable commingled materials that
have already been separated at the source from municipal solid waste
generated by either residential or commercial sources. Material is
sorted to specifications, then baled, shredded, crushed, or otherwise
prepared for shipment to market. Materials recovery facilities are
either dual stream or single stream. A dual-stream MRF is where source-separated
recyclables are delivered in a mixed-container stream (typically glass,
ferrous metal, aluminum and other nonferrous metals, and PET [No.
1] and HDPE [No.2] plastics) and a mixed-fiber stream (including cardboard,
newspaper, magazines, office paper, junk mail, etc.) Single stream
is an MRF that accepts and processes all recyclable materials mixed
together, both mixed container and mixed fiber.
Clean, empty metal containers made of aluminum or tin-plated
or zinc-plated steel, which are commonly used for packaging food,
beverages or other products, as specified by the Agency in the rules
and regulations and are free of food, beverage or other contamination.
Various categories of recyclable paper, including but not
limited to white and colored paper used in printers, photocopiers
and fax machines, white and colored ledger paper, carbonless copy
paper, construction paper, office paper, undeliverable mail, mailed
promotional letters/advertisements/circulars, magazines, catalogs,
envelopes, newspaper, paperboard, soft-cover books, and hard-cover
books with the cover removed as specified by the Agency in the rules
and regulations.
Solid waste generated from apartment complexes, condominium
complexes, cooperative apartment complexes, recreational vehicle or
trailer parks, hotels, motels, bungalow or resort colonies, or campgrounds.
Sites or areas designated by municipalities and registered
or permitted by the New York State Department of Environmental Conservation
as collection points for regulated recyclable materials.
The entire County system as set forth in the County's Solid
Waste Management Plan for maximizing reduction, reuse and recycling,
including but not limited to purchasing any and all equipment, constructing
and permitting two satellite aggregation centers, establishing a transportation
network for regulated recyclable materials, securing long-term, stable
markets for the County and its municipalities, and educating the public
on how to maximize reduction, reuse and recycling of the solid waste
stream.
Site(s) or area(s) designated by municipalities for the purpose
of composting yard waste.
All clean, dry paper commonly referred to as "newspapers"
or "newsprint," not sunburned, and free from paper other than news
or other contamination, and containing not more than the normal percentage
of rotogravure and colored sections, as specified by the Agency in
the rules and regulations.
Any corporation organized according to the New York State
Not-for-Profit Corporation Law.
Clean, white or colored ledger, bond, writing, copier or
other paper, with or without printing or writing, but free of glossy,
treated, coated or padded stock, carbon, plastic, or other contamination,
as specified by the Agency in the rules and regulations.
Clean, flat, pressed, uncorrugated, stiff paper as specified
by the Agency in the rules and regulations. Paperboard is also known
as thin cardboard or greyboard and is used in products such as cereal
boxes. Paperboard cannot be plastic or wax coated.
Any natural person, individual, partnership, copartnership,
association, owner or manager of a business, commercial or industrial
establishment, joint venture, corporation, trust, estate, institution,
not-for-profit organization or any other legal entity, including a
municipality or any other waste generator.
Waste containing pharmaceutical substances, including expired,
unused, spilt, and contaminated pharmaceutical products, drugs, vaccines,
and sera that are no longer required and need to be disposed of appropriately.
The category also includes discarded items used in the handling of
pharmaceuticals, such as bottles or boxes with residues, gloves, masks,
connecting tubing, and drug vials.
All clean, empty containers made of the plastic resins specified
by the Agency in the rules and regulations, including but not limited
to plastic bottles or jugs having contained spring water, various
beverages or foods, and excluding contamination.
Any solid waste that exhibits the potential to be returned
to the economic resource stream in the form of raw materials to be
used in place of virgin materials in the manufacture of new products.
A solid waste management facility, properly permitted under
the New York State Department of Environmental Conservation rules
and regulations, other than collection and transfer vehicles, at which
recyclables are separated from the solid waste stream, or at which
previously separated recyclables are collected.
The committee established and appointed pursuant to the Recycling
Law.
Includes newspaper, mixed paper, glass bottles, jugs and
jars, metal cans, plastic, corrugated cardboard, paperboard, and any
other materials as may be designated by the Agency in accordance with
this article.
Solid waste generated from single- or multiple-family dwellings
and other residential sources.
Any person who hauls or transports the regulated recyclable
material it generates.
All materials or substances discarded or rejected within
the County of Ulster as being spent, useless, worthless, or in excess
to the owners at the time of such discard or rejection, including,
but not limited to garbage, refuse, industrial and commercial waste,
sludges from air or water pollution control facilities or water supply
treatment facilities, rubbish, ashes, contained gaseous materials,
incinerator residue, demolition and construction debris and offal,
but not including sewage and other highly diluted water-carried materials
or substances and those in gaseous form, source, special nuclear or
by-product material within the meaning of the Atomic Energy Act of
1954, as amended, and waste which appears on the list of hazardous
waste promulgated by the Commissioner of Environmental Conservation
pursuant to § 27-0903 of the Environmental Conservation
Law.
Any facility, plant, works, system, building, structure,
improvement, machinery, equipment, fixture or other real or personal
property which is to be used, occupied or employed for or is incidental
to the collecting, receiving, transporting, storage, processing or
disposal of solid waste as more fully defined in Public Authorities
Law § 2050-b, Subdivision (16).
The location designated by each municipality and registered
or permitted by the New York State Department of Environmental Conservation
as a municipal dropoff center for regulated recyclable materials,
solid waste or yard waste.
The Agency established pursuant to Chapter 936 of the Session
Laws of 1986 and is referred to herein as "the Agency."[2]
Grass clippings, leaves, twigs, branches, lawn and garden
wastes, weeds, brush, shrubbery clippings, clean wood and clean pallets
as specified by the Agency in the rules and regulations, excluding
treated, painted or glued wood, construction and demolition wood,
or other debris.
This article shall be put into effect, administered, and enforced
by the Agency. In order to carry out this responsibility, the Agency,
acting consistently with the purposes of this article, shall be empowered
to do the following:
A.
Execute contracts.
B.
Establish, revise, amend, and repeal standards, practices, and procedures
for the proper preparation, separation, collection, and disposal of
regulated recyclable materials.
C.
Establish, revise, amend, and repeal rules and regulations as it shall deem reasonable, necessary and proper to carry out the responsibilities and requirements of this article pursuant to § 304-11.
D.
Designate solid waste management facilities within Ulster County,
which may receive, aggregate, or process regulated recyclable materials
or compost yard waste.
E.
Direct the flow of regulated recyclable materials to solid waste
management facilities that receive, aggregate, or process regulated
recyclable materials or compost yard waste.
F.
Add regulated recyclable materials to the solid waste stream based on market availability, technology and other factors subject to § 304-30.
G.
Alter or delete regulated recyclable materials to be removed from
the solid waste stream based on market availability, technology and
other factors subject to approval by a majority vote of the Recycling
Oversight Committee.
H.
Establish reporting procedures to account for all recyclable materials,
including regulated recyclable materials and yard waste, in the County.
I.
Secure long-term, stable markets for the recycling of regulated recyclable
materials and sell or otherwise market the regulated recyclable materials.
J.
Investigate violations of this article through the subpoena power of the hearing officer and others, issue warnings, seek civil and criminal penalties from the independent administrative hearing officer or in a court of competent jurisdiction, issue temporary cease-and-desist orders, enter into consent agreements, and pursue the collection of penalties in accordance with §§ 304-24, 304-25, 304-26, 304-27, 304-28, and 304-29.
When specified in this article, the Agency may, from time to
time, promulgate rules and regulations consistent with the provisions
of this article in order to effectuate the purposes hereof. This procedure
for rule making shall be as follows:
A.
The Executive Director must prepare and submit proposed rules and
regulations to the Agency, the community, the appropriate committee
of the County Legislature, the County Executive and the Recycling
Oversight Committee.
B.
The Agency may authorize notification of a hearing in the official
newspaper of the County, as designated by the County Legislature.
C.
The notice shall be published at least 30 days prior to the public
hearing and shall:
(1)
Cite the statutory authority under which the rules and regulations
are proposed;
(2)
Give the date, time, and place of the public hearing;
(3)
State the proposed rules and regulations or a synopsis thereof;
(4)
Give the name and address of the Agency representative to whom written
comments may be submitted. The express terms of the proposed rules
and regulations shall be available to the public on the date such
notice is first given pursuant to this subsection.
D.
The Executive Director shall conduct a public hearing and, upon request
of the appropriate committee of the County Legislature, appear before
that committee in public session to discuss the proposed rule making.
E.
The Executive Director shall prepare the record of the public hearing
and a document responding to the comments received at the public hearing.
F.
The record of public comment and the response document shall be made
available for public review and submitted to the Agency.
G.
The Agency shall make such changes and modifications in response
to public comment as it deems appropriate and shall adopt the final
rules and regulations by resolution.
H.
The Executive Director shall publish the final rules and regulations,
or a synopsis thereof, in the same manner as the proposed rules and
regulations, no less than 10 days after the Agency adopts the final
rules and regulations. The final rules and regulations shall take
effect 20 days after publication.
I.
The Agency shall post any changes to the rules and regulations, in
addition to the full local law, at all designated transfer stations
and online.
A program is hereby established within Ulster County for the mandatory source separation of regulated recyclable materials from the solid waste stream. Regulated recyclable materials established under this article shall, as defined in § 304-9, include the following: glass, metal cans, plastics, newspaper, corrugated cardboard, paperboard, and mixed paper. All persons shall separate regulated recyclable materials from solid waste before either setting out solid waste for collection pursuant to lawful procedure or disposing of it in an authorized solid waste management facility.
A.
Upon the effective date of this article, all persons in the County
shall separate regulated recyclable materials from solid waste for
the purposed of collection and recycling.
B.
The Agency, from time to time, may promulgate rules and regulations pursuant to § 304-11, specifying requirements for preparation and separation of regulated recyclable materials. The Agency will provide such rules and regulations to be posted online and at all designated transfer stations.
C.
All persons shall prepare and separate regulated recyclable materials
in accordance with the rules and regulations.
A.
All residents of multifamily dwellings must source separate regulated recyclable materials from solid waste according to § 304-13 and the rules and regulations promulgated thereunder, and deposit the regulated recyclable materials in the receptacles and/or collection area(s) provided therefor by the lessor, owner, or manager.
B.
Lessors, owners, or managers of multifamily dwellings must establish
a program which facilitates the multifamily resident to source separate
regulated recyclable materials, which must include providing, in a
neat and sanitary condition, receptacles and/or collection area(s)
to receive all regulated recyclable materials generated by residents
of the multifamily dwelling. In cases where a condominium association
exists, the condominium association shall be responsible for provision
and maintenance of the receptacles and/or collection area(s).
C.
By March 1, 1992, and every year thereafter, lessors, owners, or managers of all multifamily dwellings of five units or more shall submit to the Agency for approval a Multifamily Dwelling Recycling Plan implementing Subsection B. Such a plan shall include:
(1)
Location of multifamily dwelling and number of units;
(2)
Collection system for regulated recyclable materials once the residents
have deposited such materials in the receptacles and/or collection
area(s);
(3)
Provisions for publicizing the recycling program; and
(4)
Implementation date of September 1, 1992.
A.
All commercial and institutional sector generators shall prepare and separate regulated recyclable materials according to § 304-13 and the rules and regulations promulgated thereunder.
B.
All commercial and institutional sector generators of 10 employees
or more shall submit a Commercial/Institutional Solid Waste Reduction
and Recycling Plan to the Executive Director. The plan will remain
on file with the Agency. All commercial and institutional sector generators
shall submit revisions as applicable. Such a plan shall include:
(1)
Organization identification, including a general description of the
business, its location and type of operation and the number of employees;
(2)
Waste composition analysis, including an identification of the amounts
of recyclable and nonrecyclable materials in their solid waste stream;
(3)
Waste reduction and recycling practices, including an identification
of waste reduction efforts, present recycling, potential recycling,
and waste exchanges; and
(4)
Waste disposal for residual waste, including an identification of
materials in the organization's waste stream that will not be reduced
or recycled, and disposal methods.
C.
The Agency, from time to time, may promulgate rules and regulations pursuant to § 304-11 for additional information and implementation of the Commercial/Institutional Solid Waste Reduction and Recycling Plan.
D.
All commercial and institutional sector generators shall report as
required in Section 16.
A.
Nothing shall prevent any commercial sector generators of regulated
recyclable materials from directly selling to markets the regulated
recyclable materials they generate so long as:
(1)
All costs of separating, preparing, processing, transporting and
marketing such materials are directly and fully absorbed by the generators
and no public funds contribute to such separation, preparation, processing,
transporting or marketing;
(2)
A minimum of 30 days' written notice of intent to directly sell or
to cease directly selling regulated recyclable materials is provided
to the Agency prior to implementing such option; and
(3)
The generators comply with all reporting requirements of this article
and the rules and regulations promulgated hereunder.
B.
Private not-for-profit or charitable organizations may receive donations
of regulated recyclable materials from generators as part of an announced
fund-raising event, provided that they request and receive the prior
written approval of the Executive Director of the Agency.
A.
No person shall collect or dispose of regulated recyclable materials except as directed by the Agency pursuant to this article and the rules and regulations promulgated pursuant to § 304-11 or, if the Agency has not acted, the municipality.
B.
All solid waste management facilities, whether public or private,
shall provide adequate facilities for the acceptance of regulated
recyclable materials.
A.
No hauler shall collect, transport, or dispose of regulated recyclable materials except as directed by the Agency pursuant to this article and the rules and regulations promulgated pursuant to § 304-11.
B.
The Agency is authorized to promulgate rules and regulations pursuant to § 304-11 regulating collection, transportation, and disposal of regulated recyclable materials by haulers.
C.
All haulers shall collect, transport, maintain, and dispose of regulated recyclable materials separated from the solid waste stream and in a condition specified in the rules and regulations promulgated pursuant to § 304-11.
D.
Source-separated regulated recyclable materials shall be transported
and delivered only to a solid waste management facility designated
by the Agency that receives, aggregates or processes regulated recyclable
materials. If no facility is designated, the hauler may deliver the
regulated recyclable materials to a recycling facility or market of
its choice.
A.
All persons shall separate yard waste from solid waste for the purposes
of collection and composting.
B.
Each municipality within the County may provide, or obtain rights
in, a yard waste composting facility for the disposal of yard waste.
C.
Yard waste may be composted at a composting facility designated by
the municipality or at a solid waste management facility that receives
and composts yard waste as may from time to time be designated by
the Agency. If no facility is designated, the hauler of yard waste
may deliver the yard waste to a private composting facility.
D.
This section shall not prohibit private composting or on-site disposal
of yard waste by any person in compliance with any existing law.
E.
The Agency may, from time to time, promulgate rules and regulations pursuant to § 304-11 for the preparation, separation, collection, and disposal of yard waste.
F.
All yard waste shall be prepared, separated, collected and disposed
of according to the rules and regulations.
A.
Except as set forth in § 304-16, once regulated recyclable materials are set out for collection, placed in Agency containers, or deposited in the municipal recycling dropoff centers or municipal recycling system, all such materials become the property of the County, and the Agency shall direct and control the processing, transporting and marketing of that property.
B.
The County does not assume ownership of improperly prepared regulated
recyclable materials, including those in an improper condition, container,
or location.
C.
Improperly prepared regulated recyclable materials must be removed
by the generators and properly prepared and separated according to
this article.
A.
All persons shall report information as designated by the rules and regulations promulgated by the Agency pursuant to § 304-11.
B.
The Agency may, from time to time, pursuant to § 304-11, promulgate rules and regulations requiring the reporting on regulated recyclable materials, recyclable materials being studied as possible regulated recyclable materials, regulated recyclable materials directly sold or donated pursuant to § 304-16, categories of solid waste as designated by the Agency or any other information needed to further the purposes of this article, including information needed to study possible economic markets, track flow of regulated recyclable materials, or monitor progress in meeting the state and County recycling goals.
It shall be a violation for any person to:
A.
Remove a County recycling container from the County;
B.
Take, without authorization, a County recycling container;
C.
Dispose of a County recycling container other than by returning such
container to the issuing municipality; and
D.
Use such container for other than the temporary storage of regulated
recyclable materials.
It shall be unlawful for:
A.
Any person to fail to separate, prepare for collection, collect, transport, or dispose of regulated recyclable materials or yard waste in accordance with this article or any rules and regulations promulgated pursuant to § 304-11.
B.
Any person to dispose of any solid waste generated in Ulster County
unless such regulated recyclable materials have been removed from
such solid waste.
C.
Any person to place regulated recyclable materials at other than
a designated location.
D.
Any person to alter regulated recyclable materials or fail to maintain
these materials in the condition specified by the Agency in the rules
and regulations.
E.
Any person to dispose of or cause to be disposed of regulated recyclable
materials or yard waste in a landfill, incinerator, or any other solid
waste disposal facility.
F.
Any hauler to collect, transport, store, or deliver regulated recyclable
materials that contain solid waste.
G.
Any hauler to deliver regulated recyclable materials to a solid waste
management facility not designated by the Agency.
H.
Any solid waste management facility to accept solid waste unless
the regulated recyclable materials are separated therefrom.
I.
Any person not authorized under this article to remove regulated
recyclable materials once set out for collection or brought to a municipal
recycling dropoff center or municipal recycling system.
J.
Any person to fail to report as required by this article or the rules
and regulations.
K.
Any person to knowingly make a false material statement or representation
in any report required under this article.
L.
Any person to violate, cause, or assist in the violation of any provision
herein.
A.
The Agency, acting through the Executive Director, is delegated the
authority and responsibility to enforce this article by investigating
possible violations through the subpoena power of the independent
administrative hearing officer provided for hereunder and the courts;
seeking civil or criminal penalties for violations of this article
or the rules and regulations promulgated pursuant to this article
in a court of competent jurisdiction or from the independent administrative
hearing officer provided for hereunder; issuing temporary cease-and-desist
orders; and collecting penalties pursuant to this article.
B.
The Agency shall employ a dedicated Recycling Compliance Officer(s)
who will also act as Recycling Educator. The duties of the Recycling
Compliance Officer(s) shall include:
(1)
Coordination of efforts to educate the public and private sector
as to the standing recycling/source separation laws and regulations,
(2)
The responsibility for answering and recording all complaints regarding
possible violations of this article, and
(3)
Inspection of sites to determine compliance with this article. The
Recycling Compliance Officer will report at least quarterly to the
Recycling Oversight Committee. The Recycling Compliance Officer will
report monthly to the Agency Board.
C.
The Executive Director may issue written warnings that include educational
material on how to properly comply with this article.
D.
The Ulster County Health Department shall issue licenses to haulers
to collect and transport regulated recyclable materials pursuant to
the Sanitary Code and its rules and regulations. The Agency, acting
through the Executive Director, may include provisions in the hauler's
license as provided by the Sanitary Code and its rules and regulations
and may seek enforcement of the Sanitary Code or its rules and regulations.
E.
Notwithstanding anything in this article or in the Ulster County
Sanitary Code to the contrary, no hauler shall be issued a license
pursuant to the Sanitary Code to collect, transport, and/or dispose
of solid waste unless the hauler also collects and transports regulated
recyclable materials in accordance with this article.
F.
Notwithstanding anything in this section to the contrary, this article
may be enforced by the Sheriff of the County or any police agency
of the state or any municipality of the County.
A.
An independent Administrative Hearing Officer is hereby created,
established and authorized to issue orders assessing civil penalties
for violations of this article.
B.
The Officer shall be appointed by the County Legislature to serve
at the pleasure of the County Legislature.
C.
The Executive Director and/or the Recycling Compliance Officer(s)
as complainant may institute a proceeding with the Officer, seeking
an order assessing civil penalties for the violation of this article.
D.
The Officer has the authority to require the attendance of witnesses
or the production of documentary evidence by subpoena.
E.
Before issuing an order assessing a civil penalty, the Officer shall
give to the person to be assessed such penalty written notice of the
proposed order and an opportunity to request a hearing on the proposed
order.
F.
The written notice shall include, at a minimum:
(1)
A concise statement of the factual basis for the violation;
(2)
The amount of the civil penalty that is proposed to be assessed;
(3)
The provisions of this article alleged to have been violated;
(4)
The right to request a hearing on the material facts and/or the amount
of the civil penalty; and
(5)
A copy of the rules of the hearing procedures.
G.
The hearing shall provide a reasonable opportunity to be heard, cross-examine
witnesses, and present evidence free from interference, coercion,
restraint, discrimination, or reprisal, and the respondent shall have
the right to be represented by a person of his/her choice at any stage
of the hearing and proceedings.
H.
If the respondent fails to appear at the hearing without good cause
being shown and the Executive Director presents a prima facie case
against the respondent, the respondent may be found in default. The
motion for default and a proposed default order shall be served by
the officer on all parties, and the defaulting party shall have 20
days from service to reply to the motion. The proposed default order
may be set aside for good cause shown in accordance with the Civil
Practice Law and Rules. Default by the complainant shall result in
the dismissal of the complaint with prejudice.
I.
In determining the amount of the civil penalty, the Officer, in accordance with § 304-26, shall consider the seriousness of the violation(s); any history of such violations; good-faith efforts to comply with the applicable requirements; the number of individual generators the violator employs, services, represents, or is otherwise responsible for; the economic impact (benefit or harm) resulting from the violation(s); the economic impact of the penalty; the Executive Director's recommendation for a penalty; and such other factors as justice may require. Civil penalties shall constitute a judgment as that term is defined in the Civil Practice Law and Rules, which may be enforced in accordance with that statute.
J.
The Officer may establish rules for discovery, administration and
implementation of this section, and procedures for conducting hearings
and other proceedings.
K.
Any person against whom a civil penalty is assessed under this section
may obtain judicial review of such assessment.
A.
Criminal penalties. Any person who violates this article shall be
guilty of a violation and subject to a fine not to exceed $1,000 per
day per violation and/or up to five days' imprisonment.
B.
Civil penalties. Any person who violates this article shall be liable
to pay a civil penalty. If a decision of liability is made by a hearing
officer or a court competent jurisdiction, a civil penalty shall be
assessed of not more than $1,000 per day per violation and/or suspension
or revocation of collection or disposal privileges in conjunction
with solid waste and/or regulated recyclable materials disposed within
the County, and/or any other just and equitable remedies available
at law.
C.
Each and every act prohibited hereunder shall be deemed a separate
violation of this article.
D.
All fines and penalties shall become due and payable to the Agency.
If any person fails to pay an assessment of a civil penalty,
the Agency may bring a civil action in an appropriate court to recover
the amount assessed (plus interest) at currently prevailing rates
from the date of the final order or the date of the final judgment,
as the case may be. Such person shall be required to pay, in addition
to such amount and interest, attorneys' fees and costs for collection
proceedings and a quarterly nonpayment penalty for each quarter during
which such failure to pay persists. Such nonpayment penalty shall
be in an amount equal to 20% of the aggregate amount of such person's
penalties and nonpayment penalties which are unpaid as of the beginning
of such quarter.
A.
The Executive Director and respondent or defendant may confer concerning
settlement.
B.
The Executive Director and respondent or defendant shall forward
a written consent agreement and a proposed consent order to the hearing
officer or District Attorney or court of competent jurisdiction, as
the case may be, whenever settlement or compromise is proposed.
C.
The consent
agreement shall state that, for the purpose of the proceeding, the
respondent:
D.
The consent
agreement shall include any and all terms of the agreement and shall
be signed by all parties or their representatives.
E.
No settlement or consent agreement shall dispose of any proceeding
without a consent order from the hearing officer or court of competent
jurisdiction. In preparing such an order, the hearing officer or court
may require that the parties to the settlement appear before him/her
to answer inquires relating to the consent agreement or order. All
settlements are due and payable to the Agency.
A.
Upon receipt of evidence that an emergency exists, the Agency, acting
through the Executive Director, may issue a temporary cease-and-desist
order immediately suspending and restraining such activity causing
or contributing to the emergency before the holding of a hearing.
B.
The person suspended or restrained shall have an opportunity to have
an expedited hearing within five days of the Agency order before the
hearing officer on the question of whether an emergency exists.
C.
If the hearing officer determines that such an emergency exists, he/she shall schedule a full hearing to be held in accordance with § 304-25 at least 20 days after the expedited hearing. If the hearing officer determines that an emergency does not exist, he/she shall annul the Agency order.
D.
The Agency order shall be in effect pending the completion of the
expedited and full hearing, whatever the case may be.
C.
If removal of the regulated recyclable material is based upon the
lack of an economic market for the material in accordance with § 120-aa
of the General Municipal Law, the Agency shall conduct such studies
as it deems necessary and proper to establish the lack of an economic
market and shall state specifically, in the notice of its action removing
the regulated recyclable material, the grounds for its action and
all studies upon which its determination is based.
D.
Such designation
or removal shall be made in writing, shall be published in the Environmental
News Bulletin and the official newspapers of the County as designated
by the County Legislature, and shall take effect 30 days after such
publication.
A.
Creation; purpose; membership.
(1)
Creation and purpose. A Recycling Oversight Committee, consisting
of one member of the Agency designated by the Agency Board to serve
as a nonvoting, ex officio member and not more than 11 voting members
to be appointed by the County Legislature, is hereby created and established
for the following purposes:
(a)
Advising the Agency on the addition of materials to the definition
of “regulated recyclable materials”;
(b)
Approving the removal of materials from the definition of “regulated
recyclable materials”;
(c)
Advising the Agency and the County Legislature on the progress made
towards meeting the percent reduction goals established in the Solid
Waste Management Act of 1988 and the plan;
(d)
Advising the Agency on the adoption, repeal or amendment of rules and regulations provided for in § 304-11 of this article; and
(e)
Such other matters as the Agency may suggest.
(2)
Membership.
(a)
The members of the Recycling Oversight Committee to be appointed
by the County Legislature shall consist of an appointee from the following:
[1]
Town Supervisor's Association;
[2]
City of Kingston;
[3]
Community and Environmental Affairs Committee of the Ulster
County Legislature;
[4]
Ulster County Environmental Management Council;
[5]
Commercial Waste Hauling Industry;
[6]
Municipal Recycling Coordinators;
[7]
Commercial or institutional sector;
[8]
Multifamily dwelling interest.
(b)
Additionally, the County Legislature shall appoint three at-large
community members with interest and concern, which may include students
but shall not include members that fall into previously mentioned
categories.
B.
The appointments in Subsection A(1) of this section, other than the Agency appointment, shall be for a three-year term from the date of appointment. Should a member no longer be eligible to serve due to a change in his/her employment status, appointed or elected status, or interest, that member shall serve until the point that he/she is replaced by the County Legislature. Should a member fail to attend at least 50% of the Committee's calendar meetings, that member is eligible for replacement by the County Legislature. Replacement members shall serve out the original member's term. The Chairman shall be elected by the members of the Recycling Oversight Committee at its first regular meeting, and the Committee shall adopt operating bylaws as it deems appropriate.
C.
The Committee shall meet at least quarterly, and the majority of
the members shall constitute a quorum. Any recommendation issued by
the Committee shall be approved by a majority of its membership.
D.
The Agency shall request and receive the recommendation of the Committee
before it orders the addition of any material for designation as a
regulated recyclable material, except that if such recommendation
is not received within 30 days after written request by the Agency,
it may act without such recommendation. The Agency shall request and
receive the approval of the Committee before it orders the removal
of any material from designation as a regulated recyclable material,
except that, if such approval is not received within 90 days after
written request by the Agency, it may act without such approval.
