[Adopted 12-29-1983 by L.L. No. 1-1984]
This article shall be known and may be cited as the "Solid Waste
Management Law."
This article is adopted pursuant to Chapter 675 of the Laws
of 1982 of the State of New York[1] for the purpose of:
A.
Effectuating
the management on a County-wide basis of all solid waste generated
within or coming from outside of the County of Dutchess in order to
protect the public health and safety and to improve the environment
by control of air, water and land pollution; and
B.
Carrying
out the expressed policy of the state to displace competition with
regulation or monopoly public service.
[1]
Editor's Note: See Public Authorities Law Art. 8, Title 13-D,
the Dutchess County Resource Recovery Agency Act.
As used in this article, the following terms shall have the
meanings indicated:
The Dutchess County Resource Recovery Agency created under
Chapter 675 of the Laws of 1982 of the State of New York.[1]
The Commissioner of Solid Waste Management of the County
of Dutchess.
The entire County of Dutchess as constituted and existing
under the laws of the State of New York.
The transporting or delivery of solid waste to a solid waste
facility.
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.
Any natural person, individual, partnership, copartnership,
association, joint venture, corporation form, trust, estate or any
other legal entity, inclusive of a municipality.
All materials or substances discarded or rejected within
the County of Dutchess 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, 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.
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 the collecting,
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,
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 4 and 5 of § 51-0903
of the Environmental Conservation Law of the State of New York.
[1]
Editor's Note: See Public Authorities Law Art. 8, Title 13-D,
the Dutchess County Resource Recovery Agency Act.
A.
The Commissioner of Solid Waste Management is hereby authorized and
directed to designate in writing, from time to time, one or more solid
waste management-resource recovery facilities to be used for the disposal
of solid waste generated within the County of Dutchess, which designation
may include a determination that a particular solid waste management-resource
recovery facility shall be the only facility used for the disposal
of solid waste generated within all of, or a described area within,
the County of Dutchess or by a particular person or persons.
B.
In making any such designation, the Commissioner of Solid Waste Management
shall give due consideration to the capacity of any facility so designated,
the size and population of the area or person or persons to be served,
and such other factors as shall enable the Commissioner of Solid Waste
Management to determine that the public interest is served by such
designation. No person shall dispose of solid waste generated within
or coming into from outside of the County of Dutchess, except at a
solid waste management-resource recovery facility designated by the
Commissioner of Solid Waste Management in accordance with this section.
The Commissioner of Solid Waste Management is hereby authorized and
directed to promulgate such rules and regulations as he/she shall
determine to be necessary to effectuate the purposes of this article,
including the requirement that all private haulers of solid waste
be licensed by the Commissioner of Solid Waste Management. All acts
and proceedings taken by the Commissioner of Solid Waste Management
pursuant to this article shall, in all respects, be consistent with
the Environmental Conservation Law and other applicable laws and rules
and regulations promulgated pursuant thereto.
C.
Private
hauler licenses.
[Added 3-13-2000 by L.L.
No. 4-2000]
(1)
When an application for a private hauler license is filed pursuant
to the rules and regulations of the Dutchess County Department of
Solid Waste Management (the "rules and regulations"), the Commissioner
of Solid Waste Management (the "Commissioner") shall inform the Dutchess
County Sheriff (the "Sheriff") of that filing and shall instruct the
applicant in the procedure required for the Commissioner to obtain
a criminal history record check of the applicant and its principals
through the New York State Division of Criminal Justice Services (the
"Division"). The applicant shall comply with all state, federal and
local requirements necessary to authorize the Sheriff or other law
enforcement official designated by the Commissioner to take fingerprints,
and for the Commissioner to obtain criminal history record information
about the applicant and others as provided in the rules and regulations,
including paying all necessary fees and executing all necessary consents.
Upon receipt of the fingerprints from the Sheriff or other law enforcement
official designated by the Commissioner, and the necessary fees from
the applicant, the Commissioner shall submit the fingerprint cards
and appropriate fees directly to the Division for identification processing.
The results of the Division's search shall be received by the Commissioner,
and only the Commissioner or the Commissioner's designee may review
the criminal history record information received from the Division.
(2)
Except as provided in Article 23-a of the New York Correction Law,
applicants who have been convicted under the Racketeer Influenced
and Corrupt Organizations statute (18 U.S.C. § 1962) or
of enterprise corruption under the New York Organized Crime Control
Act (§ 460.20 of the New York Penal Law), as such statutes
may be amended from time to time, or the equivalent offense under
the laws of any other jurisdiction, and those applicants who have
been convicted of attempt or conspiracy to commit such crimes or criminal
facilitation or solicitation of the commission of such crimes, shall
be disqualified from receiving a Dutchess County private hauler license.
Further, except as provided in said Article 23-a, an applicant may
also be denied a private hauler license if it or any of its principals
have been convicted of other crimes or engaged in behavior which is
determined by the Commissioner, after applying the standards and procedures
set forth in the rules and regulations, as they may be amended from
time to time, to demonstrate a lack of good character, honesty or
integrity.
(3)
Any applicant which has been notified that the Commissioner intends
to refuse to issue it a Dutchess County private hauler license as
the result of the provisions of this section shall be entitled to
a hearing on such refusal in accordance with the established rules
and regulations of the Department.
It shall be the responsibility of the Commissioner of Solid
Waste Management, in consultation with the County Attorney, to enforce
the provisions of this article and all rules, regulations and designations
made pursuant thereto. Such enforcement shall be by such legal or
equitable proceedings, including without limitation a proceeding for
specific performance, brought in the name of the County of Dutchess
as may be provided or authorized by law.
Any person who violates this article shall be guilty of an offense and subject to a fine of not more than $500 and/or imprisonment for not more than 15 days and/or suspension or revocation of collecting, receiving, transporting and/or disposing privileges in conjunction with solid waste within the County of Dutchess. Each and every act of disposal committed which is prohibited by § 256-4 hereof shall constitute a separate violation of this article.
Pursuant to Section 1 of Chapter 675 of the Laws of 1982 of
the State of New York,[1] this article takes precedence over and shall supersede
any inconsistent provisions of any local law enacted by any municipality
within the County of Dutchess.
[1]
Editor's Note: See Public Authorities Law Art. 8, Title 13-D,
the Dutchess County Resource Recovery Agency Act.
