[HISTORY: Adopted by the Cayuga County Legislature as indicated
in article histories. Amendments noted where applicable.]
[Adopted 3-16-1988 by L.L. No. 3-1988]
It is the intent of this article to provide regulations which
will aid in the protection of Cayuga County's physical environment
and which will prevent the depletion of the County's resources and
the capacity for the disposal of solid waste generated within the
boundaries of Cayuga County.
As used in this article, the following terms shall have the
meanings indicated:
Cayuga County Health Department.
The discharge, deposit, injection, dumping, spilling, leaking
or placing of any solid waste into or on any land or water, so that
such waste or any constituent thereof may enter the environment, be
emitted to the air, or discharged to any waters including groundwater.
An enclosed device using controlled flame combustion, the
primary purpose of which is to thermally break down solid, liquid
or gaseous combustible wastes, producing residue that contains little
or no combustible materials. Examples of incinerators are rotary kiln,
fluidized bed, and liquid incinerators.
A disposal facility or part of a facility where solid waste
is placed in or on land and which is not a land treatment facility,
a surface impoundment, or an injection well.
Any garbage, refuse, sludge or other waste material defined
as solid waste by the New York State Department of Environmental Conservation
in 6 NYCRR Part 360, effective April 1, 1987.
Any facility using controlled combustion to reduce the volume
of waste and produce energy in the form of steam or electricity.
A.
It shall be unlawful for any person, firm, corporation, partnership
or other legal entity to bring into Cayuga County or cause to be brought
into Cayuga County, for the purpose of disposal or burning at an incinerator,
waste-to-energy facility or landfill, any solid waste which originated
or was collected outside the territorial limits of Cayuga County.
B.
It shall be unlawful for any person, firm, corporation, partnership,
or other legal entity to operate a transfer station which transfers
solid waste which originated or was collected outside Cayuga County
and will be burned or disposed of at an incinerator waste-to-energy
facility or landfill located outside Cayuga County.
C.
It shall also be unlawful for any person, firm, corporation, partnership,
or other legal entity to dispose of or burn any solid waste which
originated or was collected outside the territorial limits of Cayuga
County, which was brought into Cayuga County for the purpose of burning
or disposal in an incinerator waste-to-energy facility or landfill
located in Cayuga County.
Any violation of any provision of this article or any law, ordinance,
rule, regulation or order adopted pursuant thereto shall be punishable
by a fine not to exceed $10,000 and imprisonment for a period not
to exceed one year in the Cayuga County Jail, for each and every violation.
Each day during which a violation of this article continues shall
be deemed a separate violation.
Municipally operated landfills may be granted exemptions and
be permitted to import solid waste to landfill on a temporary basis
when it is demonstrated to the satisfaction of the Department that
such temporary importation of solid waste is necessary for the efficient
operation of the municipal landfill.
The Cayuga County Health Department shall enforce this article.
If any section, subdivision, paragraph or provision of this
article shall be determined to be invalid, such determination shall
apply only to that particular section, subdivision, paragraph or provision,
and all other provisions of this article shall remain valid and in
effect.
[Adopted 4-24-1990 by L.L. No. 1-1990]
A.
On May 24, 1988, by adoption of Resolution No. 211 of 1988 entitled
"Authorizing the Health Department to establish a position of Solid
Waste Manager for Cayuga County," the Cayuga County Legislature did
commit to explore creation of a Countywide recycling system.
B.
In keeping with this charge, on June 13, 1989, by adoption of Resolution
No. 259 of 1989 entitled "Establishing the County as a Solid Waste
Planning Unit and Authorizing the Filing of any Application for State
Financial Solid Waste Planning Assistance," the Cayuga County Legislature
did assume the lead role in examining all alternatives for the disposal
of solid waste within Cayuga County and accept the responsibility
to develop a cost-effective, environmentally safe, long-term solution
for the management of solid waste in Cayuga County.
C.
Furthermore, the City of Auburn entered into a consent order with
the NYSDEC in July 1989 requiring recycling by May 1, 1990, and the
County desires to assist the City in complying with that consent order.
D.
The County of Cayuga's primary goal is to maximize the useful life
of the City of Auburn's new sanitary landfill. To achieve this goal,
the County must encourage the reuse and recycling of metals, plastics,
glass, yard wastes, and other materials which can be separated from
nonrecyclable wastes at the source, i.e., at the residence or at the
nonresidence where the waste is created. Such reduction and recycling
of solid waste is in keeping with the expressed policy of the State
of New York to save landfill space, reduce waste disposal problems
and to conserve our precious natural resources.
E.
Recycling will be a new challenge for our residents, one to be learned
and to be improved upon. Education, participation and cooperation
are the elements of a successful recycling program operating; it will
be a keystone in our County's solid waste management program.
As used in this article, the following terms shall have the
meanings indicated:
Any natural person, individual, individuals, association,
organization, company partnership, corporation or other legal entity.
Glass jars and bottles, tin cans, aluminum, plastic containers
and yard wastes. Definitions listed below are subject to change according
to market conditions.
Glass jars and bottles, clear, amber and green, that have been
washed and covers removed.
Tin cans that have been cleaned, labels removed, with ends removed,
if possible and safe.
Aluminum which has been cleaned, for example juice cans, pie
plates, dinner trays.
Plastic containers, such as milk bottles and detergent bottles,
that have been washed and covers removed.
Yard wastes, grass clippings, leaves, garden debris and brush.
Providing either collection service or dropoff facilities
for handling recyclables.
The segregation of recyclables from other solid waste by
the waste generator.
Source separation shall be required of each and every person
in the County of Cayuga producing solid waste destined for a disposal
facility within Cayuga County.
Public and private entities performing solid waste collection
services shall provide recycling opportunities for residents and businesses
for all source-separated recyclables.
Recyclable materials separated in accordance with this article
shall not be buried in any solid waste disposal facility in the County
of Cayuga.
A.
Solid waste collectors may choose not to collect solid wastes which
contain recyclables. However, such collectors shall clearly label
uncollected wastes with an explanation of rejection.
B.
Solid waste collectors shall submit a description of recycling opportunities
created for their clients upon request of the Cayuga County Solid
Waste Management Department.
C.
Operators of solid waste disposal facilities shall submit a preliminary
plan of compliance to the Cayuga County Solid Waste Management Department
by May 1, 1990, for review by the Health Committee. Operators shall
report any changes in their compliance plan to the Health Committee.
D.
The County reserves the right to enter solid waste disposal facilities
for the purpose of verifying compliance with this article upon twenty-four-hour
prior notice to the facility operator. The operator will be given
an opportunity to correct or address apparent violations.
E.
Enforcement shall be the responsibility of the Public Health Director,
Cayuga County Health Department, or his duly authorized designees.
A.
Solid waste disposal facilities shall keep records to be submitted
annually to the County Solid Waste Management Department on the quantities
of solid waste and recyclables received.
B.
Solid waste collectors shall keep records to be submitted annually
to the County Solid Waste Management Department on the quantities
of recyclables collected within Cayuga County but not delivered to
a solid waste disposal facility within the County. Such records shall
be submitted no later than January 20 of each calendar year.
C.
All records shall be kept in a format consistent with NYSDEC reporting
requirements and guidance.
A.
Additional materials may be selected for recycling including, but
not limited to, residential newspapers, corrugated cardboard, Christmas
trees, tires and magazines, commercial, institutional and industrial
office paper, mixed paper, corrugated cardboard, scrap metals, pallets
and construction/demolition debris.
B.
The Health Committee shall solicit information from solid waste collectors,
disposal facility operators and other concerned parties prior to recommending
additional materials for recycling. The County shall designate materials
for recycling at least three months prior to the relevant implementation
date.
A.
Solid waste disposal facility operators shall establish a minimum
surcharge of 50% for solid wastes containing recyclables. Half of
the monies collected from such surcharges shall be used to promote
recycling in the facility's service area.
B.
A violation of any provision of this article shall constitute a violation
punishable on conviction for a first offense by a fine not exceeding
$25, and for a second offense by a fine not exceeding $50, and for
a third or subsequent offense by a fine not exceeding $100.
If any part of this article is found to be illegal by a court
of competent jurisdiction, the remaining sections shall remain in
full force and effect.
This article shall take effect immediately or as otherwise provided by law, except that the penalties stipulated in § 230-16 shall take effect upon the opening date of the City of Auburn's new sanitary landfill, which will be on or about December 1, 1990.
