This Part
2 shall be known and may be cited as the "Solid Waste Management Law."
This Part
2 is adopted pursuant to Chapter 509 of the Laws of 1979 of the State of New York for the purposes of carrying out the expressed policy of the state, as set forth in Chapter 509 of the Laws of 1979 of the State of New York, to displace competition with regulation or monopoly public service, assisting in carrying out the purposes of the refuse and garbage disposal district to be created by the Town of Oyster Bay pursuant to Chapter 771 of the Laws of 1985, and effectuating the management on a Town wide basis of all solid waste generated within or coming into from outside of the Town of Oyster Bay in order to protect the public health and safety and to improve the environment by control of air, water and land pollution.
As used or referred to in this Part
2, unless the context otherwise requires, the following words shall have the meanings indicated:
COMMISSIONER OF SANITATION
The Commissioner of Sanitation for the Town of Oyster Bay.
[Added 7-26-2005 by L.L. No. 5-2005; amended 3-15-2022 by L.L. No. 3-2022]
MUNICIPALITY
Any county, city, town, village, improvement district or
a county, city, Town or village acting on behalf of an improvement
district, public corporation, municipal corporation, political subdivision,
government agency, department or bureau of the state or federal government.
PERSON
Any natural person, individual, partnership, copartnership,
association, joint venture, corporation, firm, trust, estate or any
other legal entity inclusive of a municipality.
SOLID WASTE
All materials or substances discarded or rejected 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 material, 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 United States 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 of the State of New York.
SOLID WASTE FACILITY
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 beyond the initial
solid waste collection process for the receiving, transporting, storage,
processing or disposal of solid waste or the recovery by any means
of any material or energy product or resource therefrom, including
but not limited to recycling centers, transfer stations, baling facilities,
rail haul or maritime facilities, processing systems, sanitary landfills,
resource recovery facilities, steam and electric generating and transmission
facilities, including auxiliary facilities to supplement or temporarily
replace such facilities, and facilities for compacting, composting
or pyrolization of solid wastes, incinerators and other solid waste
disposal, reduction or conversion facilities and resource recovery
equipment and disposal equipment as defined in Subdivisions 4 and
5 of § 51-0903 of the Environmental Conservation Law of
the State of New York.
TOWN BOARD
The Town Board of the Town of Oyster Bay.
TOWN OF OYSTER BAY
The entire Town of Oyster Bay as constituted and existing
under the laws of the State of New York.