[Adopted 7-7-2014 by L.L.
No. 3-2014[1]]
[1]
Editor's Note: Section 2 of this local law provided that to the extent that the provisions of L.L. No. 1-1984, regarding solid waste management (see Art. I of this chapter), and L.L. No. 4-1990, regarding recycling (see Art. II of this chapter), are inconsistent with this local law, the provisions of this local law shall control.
The purpose of these rules and regulations is to:
A.
Effectuate the management on a County-wide basis of all solid waste
generated within or coming in from outside the County of Dutchess
in order to protect the public health and safety, to improve the environment
by control of air, water and land pollution, to ensure that solid
waste generated or to be disposed of within the County is disposed
of or recycled in an environmentally safe and sound manner to implement
the County's state-approved local solid waste management plan to carry
out the expressed policy of the State of New York to displace competition
with regulation or monopoly public service;
[Amended 11-10-2014 by L.L. No. 4-2014]
B.
Effectuate the mandatory source separation of recyclable materials
to recover and reuse recyclable materials so as to conserve natural
resources, reduce the impact of the cost of solid waste disposal,
ensure safe and efficient processing of solid waste, help maximally
reduce the quantity of solid waste that must be disposed of, and to
comply with New York State General Municipal Law § 120-aa;
and
C.
Carry out the expressed policy of the Dutchess County Legislature
to take steps to discourage or prevent the infiltration of the solid
waste hauling industry by undesirable or possible criminal elements.
As used in this article, the following terms shall have the
meanings indicated:
A person submitting an application for a solid waste disposal
license pursuant to these rules and regulations.
A controlled decomposition process which turns organic residuals,
such as food scraps, biosolids and yard waste, into a beneficial soil
amendment.
Materials generated during the construction, renovation,
and demolition of structures, buildings, roads, and bridges. C&D
debris includes, but is not limited to, bulky, heavy materials such
as concrete, wood, metals, glass, and salvaged building components.
The entire County of Dutchess as constituted and existing
under the laws of the State of New York.
The Deputy Commissioner of the Dutchess County Department
of Planning and Development, Division of Solid Waste Management.
Collecting, transporting, storing, disposing, transferring,
processing or delivering solid waste, including recyclables, to a
solid waste management-resource recovery facility.
Instances when 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 materials less the amount received from the sale of said material.
All electronic waste, such as 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.
A situation when a certain solid waste management-resource
recovery facility(ies) in the County is not in operation, is unable
to operate at normal capacity, or is otherwise unable to function
pursuant to normal operating procedures as may be determined by the
Deputy Commissioner, or when conditions exist which may endanger the
health or safety of the public or pose a significant risk of harm
to the environment.
Any person that produces solid waste, including recyclable
materials.
Any person, other than a municipality, who disposes of solid
waste and is required to have a solid waste disposal license issued
by the Deputy Commissioner. Haulers include persons who:
Have solid waste collection routes;
Provide body mounts, including roll-off containers, dumpsters,
trailers, and any other container in conjunction with the disposal
of solid waste;
Provide for the disposal of solid waste, such as a hauler whose
business is to dispose of solid waste from residential, commercial,
construction or industrial sites.
Persons whose disposal of solid waste is solely limited to
the disposal of one of the materials listed below and is exempt from
the solid waste disposal license requirement:
New York State Department of Environmental Conservation (DEC)
regulated waste solid waste transporters covered under New York State
Part 364, waste transporter permits, and as may be amended from time
to time. Regulated waste includes:
Residential septage.
Residential raw sewage or portable toilet waste.
Nonresidential raw sewage or sewage-contaminated waste.
Sewage sludge (biosolids).
Water treatment plant residuals.
Grease trap waste.
Waste oil, yellow grease or oil, or petroleum-contaminated soil.
Waste tires.
Asbestos waste.
Low-level radioactive waste (LLRW).
Low-level radioactive waste mixed with hazardous waste or hazardous
industrial/commercial waste.
Regulated medical waste or other biohazard waste.
Other industrial/commercial waste (e.g., including but not limited
to oil and gas well drilling fluids, pharmaceutical waste, rendering
waste, waste from household hazardous waste collection events).
Haulers of solid waste which has been collected from a site(s)
outside of the County of Dutchess and is intended for disposal at
a site(s) outside the County.
Leftover household products that contain corrosive, toxic,
ignitable or reactive ingredients such as cleaners, oils or pesticides.
The Dutchess County solid waste disposal license.
A hauler who holds a Dutchess County solid waste disposal
license.
A building or structure that is designed to house several
different occupants in separate housing units. The most common example
of multi-domicile housing is an apartment building. Duplexes, quadruplexes,
and townhomes are also multi-domicile housing. The entire building
or structure may be owned by an individual, as is the case with condominiums,
or by individuals who have purchased units.
A group of commercial establishments managed as a single
entity; each occupied and operated by a tenant or renter of such premises.
Any county, city, town, village, school district, improvement
district (or a county, city, town or village acting on behalf of an
improvement district), public authority, public corporation, municipal
corporation or political subdivision.
Any natural person, individual, partnership, copartnership,
association, owner or manager of a business, commercial or industrial
establishment, joint venture, corporation, trust, estate or any other
legal entity recognized by the laws of the State of New York, inclusive
of a municipality or any other waste generator.
As to an applicant which is a sole proprietorship, the proprietor;
as to a corporation, every officer and director and every stockholder
holding 10% or more of the outstanding shares of the corporation;
as to a partnership, all the partners; and if another type of business
entity, the chief operating officer or chief executive officer, irrespective
of organizational title, and all persons or entities having an ownership
interest of 10% or more in the applicant; and with respect to all
business entities, all other persons participating directly or indirectly
in the control of such entity. Where a partner or stockholder holding
10% or more of the outstanding shares of a corporation is itself a
partnership, or a corporation, a "principal" shall also include the
partners of such partnership, or the officers, directors, and stockholders
holding 10% or more of the outstanding shares of such corporation,
as is appropriate. For the purposes of this chapter:
An individual shall be considered to hold stock in a corporation
where such stock is owned directly or indirectly by or for:
Such individual;
The spouse of such individual other than a spouse who is legally
separated from such individual pursuant to a judicial decree or an
agreement cognizable under the laws of the state in which such individual
is domiciled;
The children, grandchildren and parents of such individual;
and
A corporation in which any of such individual in the aggregate
owns 50% or more in value of the stock of such corporation;
A partnership shall be considered to hold stock in a corporation
where such stock is owned, directly or indirectly, by or for a partner
in such partnership; and
A corporation shall be considered to hold stock in a corporation
that is an applicant as defined in this section where such corporation
holds 50% or more in value of the stock of a third corporation that
holds stock in the applicant corporation.
Material that can be recovered and turned into a new product.
Recyclable materials include:
All paper;
All cardboard;
All glass, excluding ceramics, window or automobile glass, mirrors
and light bulbs;
All plastic;
All metals;
All bulk metals, excluding metal containers utilized to store
flammable or volatile chemical materials, such as fuel tanks;
All recoverable construction and demolition debris, such as
uncontaminated concrete, asphalt, asphalt shingles, gypsum wallboard,
wood, and metals;
Electronic waste or E-waste;
All garden and yard waste, such as grass clippings, leaves,
and cuttings from shrubs, hedges, trees, brush and garden debris;
All food waste;
Textiles.
Those who deal with recyclable material both as collectors,
separators and marketers. This definition shall include not-for-profit
corporations and charitable corporations which collect recyclables
for fund-raising purposes.
Any process by which materials, are collected, separated
or processed and returned to the economic mainstream in the form of
raw materials or products.
Materials designated by the Deputy Commissioner to be source
separated by all persons and include, but are not limited to:
The Dutchess County Resource Recovery Agency created under
Chapter 675 of the Laws of 1982 of the State of New York, as amended.[1]
Any discarded materials. Solid wastes can be solid, liquid,
semi-solid or containerized gaseous material. This includes durable
goods, nondurable goods, recyclable materials, containers and packaging,
food wastes and yard trimmings, and miscellaneous inorganic wastes
generated.
Any facility, plant, works, systems, building, structure,
improvement, machinery, equipment, fixture or other real or personal
property which is used, occupied or employed for the collecting, receiving,
transporting, transfer, 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,
collection vehicles, processing systems, resource recovery facilities,
steam and electric generating and transmission facilities, including
auxiliary facilities to supplement or temporarily replace such generating
facilities, steam distribution facilities, sanitary landfills, plants
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 four and five of § 51-0903
of the Environmental Conservation Law of the State of New York.
The segregation of recyclable materials from solid waste
at the point of generation by the generator for the purposes of recycling.
The State of New York.
Free of materials that are not recyclable or free of materials
that, if present, either reduce the value of a recyclable material
or render it unrecyclable.
Any motor vehicle, trailer, water vessel, railroad car, airplane
or other device for transporting solid waste.
Any person who generates solid waste.
Grass clippings, leaves, and cuttings from shrubs, hedges,
trees, brush and garden debris.
[1]
Editor's Note: See Public Authorities Law Art. 8, Title 13-D,
§ 2047-a et seq.
A.
The Deputy Commissioner shall recommend for adoption by the County
Legislature rules and regulations for the handling, hauling and disposal
of solid waste within the County of Dutchess and affixing penalties
for the violation thereof. The Deputy Commissioner is authorized to
amend these rules and regulations consistent with the policy established
through these rules and regulations and the local solid waste management
plan but is not authorized to decrease or increase any fines or penalties
or the amounts thereof for any violations of these rules and regulations
without specific authorization and approval from the County Legislature.
The Deputy Commissioner shall consult with the Dutchess County Resource
Recovery Agency in the development of these rules and regulations
to ensure compatibility. The Deputy Commissioner shall conduct an
educational outreach program prior to the implementation of any substantive
changes to the rules and regulations.
[Amended 11-10-2014 by L.L. No. 4-2014]
B.
Whenever the Deputy Commissioner is empowered to or charged with
the responsibility to do or perform an act, a designee may perform
such act in the Deputy Commissioner's place.
C.
The Deputy Commissioner is authorized to:
(1)
Require that all haulers of solid waste be licensed per the requirements
of these regulations.
(2)
Issue subpoenas.
(3)
Administer oaths to witnesses.
(4)
Prescribe and impose penalties for violation of these rules and regulations.
(5)
Authorize necessary action to alleviate emergencies and/or public
nuisances in the event that a person, hauler, or municipality fails
to respond to such situations.
(6)
Change issued license conditions, such as designated facilities,
quantities to be disposed, and vehicular specifications in situations
of emergency or other situations as may be warranted to fulfill the
Deputy Commissioner's obligations.
(7)
Randomly inspect and monitor vehicles and inspect the licensee's
premises and equipment for the purpose of ascertaining compliance
with these rules and regulations.
(8)
In addition to the administrative enforcement proceedings referred
to herein, maintain and defend actions in law or equity in any court
of competent jurisdiction.
No person, hauler or municipality shall dispose of hazardous
waste, as defined in New York State Department of Environmental Conservation
regulations, at any solid waste management resource recovery facility
in the County.
A.
All haulers operating in the County of Dutchess must provide collection
services for both solid waste and regulated recycling for all persons.
B.
Every waste generator in Dutchess County shall be responsible for
the source separation of solid waste and regulated recyclables materials
at the point of generation. Waste generators shall source separate
additional materials designated as recyclables by a local municipality
pursuant to § 120-aa of the General Municipal Law, if that
municipality provides or causes to be provided collection of such
materials for the waste generator or a location within that municipality
for delivery of such materials by the waste generator.
C.
Each waste generator shall provide for the removal of those separated regulated recyclables which the waste generator is required to source separate pursuant to Subsection B above from the property on which they are generated either through service provided by a municipality or by a licensed hauler, or by taking these materials directly to a recyclables transfer, storage or processing location. Recyclables shall not be disposed of at the facility operated by the RRA.
D.
Each waste generator shall be required to prepare those regulated recyclables which the waste generator is required to source separate pursuant to Subsection B above, according to any ordinance, regulation or rule of the municipality that provides recyclables collection services to that waste generator, or if such collection services are provided by a hauler, then according to the directions of the hauler. If a waste generator utilizes direct haul, recyclables shall be prepared in the manner prescribed by the recyclables transfer, storage or processing facility to which the waste generator delivers such materials.
E.
In the case of multi-tenant buildings or multi-domicile buildings
and complexes, the owner or manager of such building is responsible
to provide the following: appropriate container(s) either directly
or indirectly through the hauler to hold source-separated regulated
recyclable materials for the entire building(s) separate from the
container(s) where the building's nonregulated recyclable solid waste
is stored and a mechanism for disposal of source-separated regulated
recyclable materials. In cases where a condominium association exists,
the condominium association shall be responsible for provision and
maintenance of the recycling container(s). It shall be the tenant's
responsibility to separate designated regulated recyclable materials
from the solid waste and deposit the regulated recyclable materials
in the container(s) provided.
F.
Nothing in this article shall be construed to prohibit private composting
of garden, yard, and food scrap waste by a waste generator on the
waste generator's own property.
A.
It is unlawful for any hauler to dispose of any solid waste unless
such hauler is licensed in accordance with the provisions of these
regulations.
B.
All haulers of solid waste who seek to dispose of solid waste within
the County of Dutchess shall apply to the Deputy Commissioner for
a license. Applications shall be submitted on forms prescribed by
the Deputy Commissioner. Applicants must be able to comply with these
rules and regulations. An application and all accompanying documentation
shall be deemed to be submitted under oath, subject to penalties of
perjury.
C.
The Deputy Commissioner shall charge a licensing fee as provided
for in the adopted annual budget of the County of Dutchess.
D.
The term of the license will be two years, from February 1 to January
31 biennially.
E.
The fee for a license is based on the number of power units used
to dispose of solid waste. For the purposes of these regulations,
a "power unit" is defined as the control and pulling vehicle.
F.
If during the term of the license the number of power units change,
causing an increase in the licensing fee, the hauler is required to
pay the pro-rated difference based on the monetary change and the
number of months remaining on the biennial license. Fees will not
be refunded for a decrease in the number of power units.
G.
Vehicle permit stickers:
H.
On vehicles where the engine and body mount are not on the same chassis,
the body mount must have a business name and contact number. Body
mounts include roll-off containers, dumpsters, trailers and any other
container used to dispose of solid waste. Both the power unit and
the body mount must have a business name and contact number of the
licensee.
I.
Annual municipal solid waste (MSW) report.[1]
(1)
An annual MSW report form is required by January 31 every year and
will reflect collection data from January 1 to December 31 of the
previous year. The annual report will allow the County of Dutchess
to properly gauge the volume and nature of its solid waste stream,
including where waste is disposed of and the volume of recyclables
recovered. The report will allow the County of Dutchess to evaluate
the effectiveness of its solid waste management plan and comply with
annual reporting requirements of the New York State Department of
Environmental Conservation.
(2)
Any hauler who fails to provide a completed annual MSW report form
by January 31 of each year will be subject to a civil penalty of up
to $500 and the loss of the license.
J.
No applicant or licensee which has been denied a license or has had
its license revoked may reapply within six months of the denial or
revocation.
K.
All materials submitted on an application, the disclosure of which
would in applicant's opinion constitute an unwarranted invasion of
personal privacy or result in substantial injury to the competitive
position of the applicant, shall be marked "Proposal Confidential"
prior to submission to the Deputy Commissioner. If a "Freedom of Information"
request for such materials is received by the Deputy Commissioner,
the applicant/licensee will be notified of the request. If such materials
are proposed to be released by the Deputy Commissioner, the applicant/licensee
will be mailed notice five days before such release. The Deputy Commissioner
makes no representation that materials submitted as "Proposal Confidential"
will not be disclosed pursuant to the Freedom of Information Law.[2] Applicants and licensees are further advised that the
Deputy Commissioner will, without notice to them, comply with all
subpoenas and process, and will forward all information received or
gathered to the appropriate authorities.
[2]
Editor's Note: See Public Officers Law Art. 6.
L.
All of the applicant's drivers must be properly licensed and all
vehicles must be registered with the appropriate motor vehicles department
and properly insured.
M.
All applicants must be able to comply with the insurance requirements
as outlined in the license application.
N.
Each applicant shall provide the Deputy Commissioner with a business
address with the understanding that this address shall be used by
the Deputy Commissioner for the purpose of serving process and notices
upon the applicant. It shall be the responsibility of the applicant
to advise the Deputy Commissioner in writing of any change in address,
and the Deputy Commissioner shall not be responsible for the improper
service of process and notices due to applicant's failure to mention
an updated address where notices may be delivered and legal process
served.
O.
By applying, the applicant and each of its principals authorizes
the Deputy Commissioner to independently investigate their character
and fitness, which authorization includes the authority to obtain
copies of all relevant records, whether otherwise privileged or not,
and to obtain copies of all criminal history, legal and administrative
records. An applicant and each of its principals shall execute and
deliver to the Deputy Commissioner all necessary consents and waivers
needed to conduct such investigations and obtain such records. The
independent investigation will be conducted by a private investigative
firm under contract with the County of Dutchess. The applicant shall
submit a check for the cost of the private investigation with its
application.
P.
Where, as a result of the investigation of an applicant, it appears
that an employee of the applicant may not qualify for a license, or
that further investigation is warranted, the Deputy Commissioner may
conduct an additional investigation of such employee and may require,
if necessary, that the applicant and such employee provide information
updating, supplementing or explaining information previously submitted.
Q.
A supplemental investigation may be required in the event the independent
investigative report indicates issues or concerns that need to be
investigated further. If a supplemental investigation is deemed necessary
by the Deputy Commissioner, the applicant is responsible for paying
the cost of such investigation prior to the commencement of the supplemental
private investigation.
R.
The applicant and all principals shall be fingerprinted as per instructions
found in the license application.
S.
In the case of an applicant which is managed, operated or otherwise
affiliated with another entity, fingerprinting and disclosure under
this section may also be required of any persons who have direct management
supervisory responsibility for the operations or performance of the
applicant.
T.
The applicant is responsible for all costs associated with the application
fee, background investigation fee, supplemental investigation fee,
and fingerprinting fee.
U.
Applications are not deemed complete until all fees and expenses
have been paid and all necessary materials submitted.
V.
The license and the privileges granted are exclusively personal in
nature and are not transferable without the consent of the Deputy
Commissioner. The licensee may not assign, convey, sell, transfer
(including but not limited to an attempt to the transfer of the license
pursuant to a sale or transfer of all or a part of the licensee's
assets) or otherwise dispose of the license without such consent.
Any attempted transfer of the license or any rights granted without
the express written consent of the Deputy Commissioner is void. Any
such assignment shall not relieve the licensee of its obligations
hereunder.
The Deputy Commissioner may, after notice and the opportunity
to be heard, refuse to issue a license to an applicant who fails to
meet the criteria for licensing under these rules. Such notice shall
specify the reasons for such refusal. The license application fee
will be forfeited, and no refund given for fingerprinting and private
investigation fees expended. In making such determination, the Deputy
Commissioner may consider, but is not limited to:
A.
Failure to provide all the information and/or documentation required
by the Deputy Commissioner pursuant to these rules or applicant has
otherwise failed to demonstrate eligibility for such license under
these rules and regulations within 60 days of initial application.
B.
Failure by such applicant and/or its principals to provide complete
or truthful information and/or answers to questions asked in connection
with the application.
C.
A pending indictment or criminal action against such applicant or
any of its principals for a crime which under this article would provide
a basis for the refusal of such license, or a pending civil or administrative
action to which such applicant or any of its principals is a party
and which directly relates to the applicant's ability to conduct the
business or perform the work for which the license is sought, in which
cases the Deputy Commissioner may defer consideration of an application
until any pending matter has been concluded, and/or a decision has
been reached by the court or administrative tribunal before which
such action is pending.
D.
Conviction of such applicant or any of its principals for a crime
which, considering the factors set forth in § 753 of the
New York State Correction Law, would provide a basis under such law
for the refusal of such license.
E.
A finding of liability in a civil or administrative action that bears
a direct relationship to the applicant's or any of its principals'
ability to perform or to conduct the business for which the license
is sought.
F.
Conviction of a racketeering activity, including but not limited
to the offenses listed in Subdivision 1 of § 1961 of the
Racketeer Influenced and Corrupt Organizations statute (18 U.S.C.
§ 1961 et seq) or of an offense listed in Subdivision `
of § 460.10 of the New York State Penal Law, as such statutes
may be amended from time to time, or the equivalent offense under
the laws of any other jurisdiction.
G.
Having been a principal within the previous 10 years from date of
application in a predecessor waste business, where the Deputy Commissioner
would be authorized to deny a license to such predecessor business
pursuant to this section.
H.
Failure to pay any tax, fine, penalty, or fee related to the applicant's
business for which liability has been admitted by the person liable
therefor, or for which judgment or a lien has been entered by a court
or administrative agency or tribunal of competent jurisdiction.
I.
Applicant was previously issued a Dutchess County solid waste disposal
license pursuant to these rules and regulations and such license was
revoked within 10 years of the date of application.
J.
Applicant was denied or had a license revoked within the previous
10 years from the date of application in another jurisdiction.
K.
Applicant employs, or engages as an agent, any person whom the Deputy
Commissioner has determined is unqualified to hold a license following
a background investigation conducted pursuant to these rules and regulations.
L.
Applicant has been determined to have committed any of the acts which
would be a basis for the suspension or revocation of a license pursuant
to these rules.
B.
A licensee shall inform the Deputy Commissioner within 20 business
days of all changes as listed below:
(1)
Changes in ownership of the licensee;
(2)
The addition or deletion of any principal;
(3)
Change in corporate status;
(4)
All arrests and/or criminal convictions of licensee and any principal
of the licensee;
(5)
All liens, suits and administrative proceedings relating to the operation
of the licensee's business; or
(6)
Any other material change in the information submitted on the application
for a license.
C.
If notification of change, as outlined above, is not received within
the time frame stated, the license may be subject to suspension.
D.
Changes in ownership of a licensee requires a new application, background
investigation and fingerprinting of the new principal(s). The addition
of a new principal(s) requires the completion of Section H, Disclosure
Information for Principals and Applicants, of the license application,
a background investigation and fingerprinting of the new principal(s).
E.
If after review, and after notice and the opportunity to be heard,
the Deputy Commissioner determines that such new principal fails to
meet the criteria for licensing under these rules, the license may
be suspended or revoked unless such new principal divests his or her
interest, or discontinues his or her involvement in the business of
such licensee, as the case may be.
A.
The license term is from February 1 to January 31 biennially.
B.
Licensed haulers are required to submit the following for license
renewal by January 1 prior to the expiration of the license term;
(1)
Solid waste disposal relicensing affidavit;
(3)
Licensing fee as provided for in the adopted annual budget of the
County of Dutchess;
(4)
Vehicle information form. The number of vehicle permit stickers issued
and the fee is dependent on the number of power unit vehicles listed;
(5)
Renewal checklist.
C.
A license or the required vehicle permit stickers will not be issued
until payment and all required documents have been received and approved
by the Deputy Commissioner.
D.
If the affidavit indicates any changes as listed in § 256-34 above, a background investigation and fingerprinting may be required.
E.
Licensed haulers are required to fill out a full application and
have a private investigation conducted, at the licensee's expense,
every third renewal.
The Deputy Commissioner may, after notice and the opportunity
to be heard, suspend, revoke or deny renewal of a license and notify
the solid waste management-resource recovery facilities located in
Dutchess County of such suspension, revocation or denial if:
A.
A hauler does not comply with these rules and regulations;
B.
A hauler is found to have submitted a false or materially incomplete
application;
C.
Facts are disclosed, whether they existed before or after the license
was issued, which would have warranted a refusal to issue a license;
D.
A hauler has an outstanding balance of $2,500 or more for tipping
fee charges due to the Dutchess County Resource Recovery Agency for
a period exceeding six months. The suspension will be lifted upon
notification that the outstanding balance has been paid in full. Failure
to pay the outstanding balance within three months of the suspension
will lead to a revocation of the License;
E.
There is a failure to pay any tax, fine, penalty, or fee related
to the applicant's business for a period exceeding six months, for
which liability has been admitted by the person liable, or for which
judgment or a lien has been entered by a court or administrative agency
or tribunal of competent jurisdiction. The suspension will be lifted
upon notification that the tax, fine, penalty, or fee has been paid
in full. Failure to pay the tax, fine, penalty, or fee within three
months of the suspension will lead to a revocation of the license;
or
F.
There is a failure to pay any civil penalty due to the County of
Dutchess prior to the January 1 deadline for license renewal.
A.
Collection and transport vehicles shall conform to New York State
Vehicle and Traffic Law as described for a motor vehicle and to New
York State Department of Environmental Conservation waste transporter
specifications.
B.
All recyclables collection containers, bins, and dumpsters shall
be clearly labeled as to the type of material the container, bin,
or dumpster accepts.
C.
All collection containers, bins, or dumpsters shall be easily accessible
to residents, employees and haulers.
A.
Formal hearings.
(1)
The Deputy Commissioner may hold a formal hearing on any application,
complaint, circumstances, or alleged violation of these rules and
regulations.
(2)
A formal hearing shall be on due and adequate notice to the person,
persons or entity concerned and shall be set down for a day certain,
unless a person charged with a violation of these rules and regulations
admits liability by returning the notice of violation with payment
of the proposed penalty and by signing the admission of liability
on said notice.
(3)
All hearings conducted shall follow the prescriptions of Article
3 of the New York State Administrative Procedure Act and the local
rules set forth below.
(4)
The notice of hearing shall set forth:
(a)
The time and place of the hearing.
(b)
The purpose of the hearing.
(c)
The charges and violations complained of, with specific reference
to provisions and sections these rules and regulations.
(d)
The right to present evidence.
(e)
The right to examine and cross-examine witnesses.
(f)
The right to be represented by counsel.
(5)
All adjudicatory hearings held hereunder shall be closed and conducted
in private unless the respondent elects for the hearing to be open
and conducted in public.
(7)
The hearing officer shall thereafter prepare findings of fact, conclusions
of law, and recommendations upon which the Deputy Commissioner shall
make a formal order, setting forth the determination, conditions,
if any, to be complied with and civil penalties, if any.
(8)
The order of the Deputy Commissioner, following a formal hearing,
shall be filed in the office of the Division of Solid Waste Management
and served on the respondent.
(9)
Nothing herein contained shall preclude the Deputy Commissioner from
taking any action in addition to the formal hearing herein provided
for, as may be prescribed by law, nor shall the Deputy Commissioner
be precluded from taking such other action by virtue of the order
made pursuant to this section.
(10)
Prior to adjudication, the Deputy Commissioner may settle any
charges of a violation of these rules and regulations on such terms
and conditions acceptable to the Deputy Commissioner.
B.
Service of order and/or notice of hearing. Unless otherwise expressly
provided by law, service of an order and/or notice of hearing shall
be made as follows:
(1)
Enclosing the order and/or notice in a post-paid envelope directed
to the person or persons concerned at the address last known to the
Division of Solid Waste Management and depositing such envelope at
a United States post office or in a mail box or mail chute maintained
by the United States Post Office; or
(2)
Leaving the order and/or notice with the person concerned; or, if
the person is not an individual, with a member of the partnership
or other group concerned or with an officer of the corporation or
person in charge of the office or premises; or
(3)
Posting the order and/or notice at the entrance door of the office
of the respondent.
C.
Hearing appearances.
(1)
At any hearing conducted pursuant to these rules and regulations,
any party to the proceedings may appear personally and with counsel
and shall be given the opportunity to produce evidence and witnesses
and to cross-examine witnesses.
(2)
At any formal hearing conducted pursuant to these rules and regulations,
if a party shall appear without counsel, the hearing officer shall
advise such party of his/her right to counsel; and that, if he/she
desires to proceed without counsel, he/she may call witnesses, cross-examine
witnesses and produce evidence in his/her behalf.
(3)
Appearances shall be noted on the official record of hearings.
D.
Hearing adjournments.
(1)
The hearing officer may grant adjournments upon request of any party
to the proceedings, provided that an adjournment shall not be for
an indefinite period of time but shall be set down for a day certain.
(2)
If an adjournment is requested in advance of the hearing date, such
request shall be submitted to the hearing officer in writing and shall
specify the reason for such request.
(3)
In considering an application for adjournment, the hearing officer
shall consider whether the purpose of the hearing will be affected
or defeated by the granting of such adjournment.
E.
Subpoenas. The Deputy Commissioner or the designated hearing officer
may issue subpoenas upon request of any party to the proceedings of
any formal hearing set down by the Deputy Commissioner.
F.
Hearing procedures.
(1)
The hearing officer shall not be bound by the rules of evidence in
the conduct of a hearing but the determination shall be founded upon
sufficient factual evidence to sustain it.
(2)
Proof may be adduced with respect to ongoing violations occurring
up to and through the date of the hearing, when these violations are
sufficiently similar to those charged to put the licensee on notice
of the nature of the violation.
(3)
Upon the conclusion of a hearing, the Deputy Commissioner shall take
such action upon such findings, determinations and recommendations
as he/she deems proper and shall execute an order carrying such findings
and determinations into effect.
(4)
The action of the Deputy Commissioner may include the assessment
of civil penalties.
(5)
An order of suspension or revocation of a solid waste disposal license
may contain such provisions as to renewal or reinstatement as the
Deputy Commissioner may direct.
(6)
The Deputy Commissioner may direct a rehearing or require the taking
of additional evidence and may rescind or affirm a prior determination
after such rehearing.
(7)
The record of a formal hearing, including the testimony of witnesses,
shall be made available to all parties for examination at the office
of the Division of Solid Waste Management.
(8)
Copies of the record of a formal hearing, including a transcript
of the testimony of witnesses, may be purchased at the rate per page
covering the cost thereof.
G.
Administrative penalties for violation.
(1)
Any person who violates any provision of these rules and regulations
pertaining to the licensing of haulers shall be subject to the imposition
of a civil penalty by the Deputy Commissioner as follows:
(2)
Any person who violates any provision of these rules and regulations
pertaining to source separation of recyclables shall be subject to
the imposition of a civil penalty by the Deputy Commissioner as follows:
(3)
The civil penalty provided for in this section may be sued for and
recovered by the Deputy Commissioner in the proper court of jurisdiction
in addition to any other expenses incurred by the County.
(4)
Each day or a part of a day on which a violation or failure continues
shall constitute a separate violation.
H.
Enforcement other than by prosecution.
(1)
The Deputy Commissioner or his/her designee may seek to obtain voluntary
compliance with these rules and regulations by way of notice, warning
or educational means in the first instance.
(2)
This section shall not be construed to require that such noncompulsory
methods must be employed or attempted before proceeding by way of
compulsory or other legally prescribed procedures.
The Deputy Commissioner may enter into intermunicipal agreements
with those municipalities having control over solid waste collection,
that is, those offering municipal collection or private collection
through municipal contracts. Intermunicipal agreements will obligate
involved municipalities to deliver any amount of waste allocated by
the Deputy Commissioner to designated facilities.
