A.
The Legislature finds that the County faces an increasing threat
to its environmental and economic well-being from the solid waste
disposal crisis. It further finds that a significant amount of material
which could be productively recycled is discarded each year, exacerbating
the solid waste disposal crisis. The Legislature also finds that it
is in the public interest, in order to protect the environment and
the health of the citizens of the County, and to conserve energy and
natural resources, to effect the recovery and recycling of waste materials
which are currently being disposed of through landfilling or otherwise.
Pursuant to these findings, and pursuant to the authority granted
to the County by § 120-aa of the New York General Municipal
Law, which requires municipalities to adopt a local law to require
the source separation and segregation of recyclable or reusable materials
from solid waste by September 1, 1992, and § 27-0107 of
the New York Environmental Conservation Law, which authorizes planning
units to adopt local plans to accomplish the solid waste management
policies and goals delineated by the state at § 27-0106
thereof, the Legislature of the County of Putnam has enacted the Putnam
County Recycling Law.
B.
It shall be the purpose of the Putnam County Recycling Law to require
source separation of recyclable materials in order to facilitate recycling
to the maximum extent possible on the part of each and every household,
business and institution within Putnam County. It shall further be
the purpose of the Putnam County Recycling Law to establish, implement
and enforce recycling-related practices and procedures for the separation
of all recyclable materials from solid waste, as those terms are defined
herein, for separate curbside collection and/or dropoff disposal.
The practices and procedures prescribed herein shall be applicable
to all waste generators and transporters within Putnam County and
shall be consistent with New York State law, taking into consideration
existing local recycling ordinances and programs.
[Amended 11-1-2011 by L.L. No. 19-2011]
As used in this article, the following terms shall have the
following meanings:
Source-separated, nonputrescible, uncontaminated recyclables
placed in the same container.
The aerobic or anaerobic decomposition of biodegradable organic
matter, resulting in the production of compost.
Waste resulting from construction, remodeling, repair and
demolition of structures, road building and land clearing. Such waste
includes but is not limited to bricks, concrete and other masonry
materials, soil, rock, lumber, road spoils, paving material and tree
and brush stumps. Construction and demolition debris shall not be
construed to include garden and yard waste.
The duly elected County Executive of Putnam County.
The duly elected Legislature of Putnam County.
In a dumpster designated for the collection of solid waste
within five feet of the town, County or state highway or driveway
nearest to a residence or business.
Discarded electric or electronic devices, components or parts
thereof.
All containers containing pesticides and/or pesticide residue
as well as herbicides, fertilizers and antibiotics and which can no
longer be utilized for farm purposes.
Grass clippings, leaves and cuttings from shrubs, hedges
and trees.
Biodegradable materials such as leaves, grass, weeds and
wood material from trees and shrubs.
Putrescible solid waste, including animal and vegetable waste
resulting from the handling, storage, sale, preparation, cooking or
serving of food. Household garbage originates primarily in home kitchens
and other places where food is stored, prepared or served. Household
garbage shall not be construed to include garden and yard waste.
All containers containing pesticides, herbicides, paints,
solvents, turpentine and/or their residue. Household hazardous wastes
are those materials found in the residential waste stream that would
be regulated as hazardous wastes if they had been generated by industry.
Additional examples of household hazardous waste include oil-based
paint and other home maintenance products, pesticides, automotive
fluids and hobby chemicals.
All large and/or bulky articles actually used in the home
(other than major appliances) and which equip it for living (such
as chairs, sofas, tables, beds, carpets, etc.).
Any large and/or bulky household mechanism (such as a refrigerator,
washer, dryer, stove, etc., sometimes referred to as "white goods")
ordinarily operated by gas or electric current.
Any individual head of household, landlord, chief executive
officer, owner, partner or manager of a commercial or industrial establishment
or institution.
Bags used to contain merchandise purchased in a grocery store
or other retail store, or dry cleaning establishment, for the purpose
of transportation to the home of the consumer.
Any container made from any number of resins, including but
not limited to high-density polyethylene (HDPE) or polyethylene terephthalate
(PET), including but not limited to a plastic bottle which previously
contained beverage, detergent, bleach, antifreeze and/or a hair care
product.
Any solid waste or other material which is separated from
the waste stream and held for its materials recycling or reuse value.
Recyclables include but are not limited to paper, glass, metals, plastics
and garden and yard waste.
Discarded substances, including, but not limited to, infectious
animal waste, human pathological waste, human blood and blood products,
needles and syringes and cultures and stocks generated in research
or health care.
Every vendor that sells lubricating oil at retail in quantities
in excess of 1,000 gallons per year.
Any automobile service station, including gas-only outlets
or any other retail outlet and boat marina selling at least 500 gallons
of lubricating oil annually and having an on-premises oil-changing
operation.
All putrescible and nonputrescible solid wastes, including
but not limited to 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, or are being accumulated, stored
or physically, chemically or biologically treated prior to being discarded
or rejected, having served their intended purpose, or as a manufacturing
by-product, including but not limited to garbage, refuse, industrial,
commercial and agricultural 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 Atomic Energy Act of 1954[1] as amended, or waste which appears on the list or satisfies
the characteristics of hazardous waste promulgated by the Commissioner
of Environmental Conservation.
The solid waste management plan to be adopted by Putnam County
pursuant to Title 1 of Article 27 of the Environmental Conservation
Law.
The segregation of recyclable materials from the solid waste
stream at the point of generation for separate collection, sale or
other disposition.
Putrescible solid waste, including animal and vegetable material,
collected separately from nonputrescrible solid waste. Such waste
includes, but is not limited to, food scraps, vegetable waste, fruit
waste, grain waste, dairy waste, meat waste, fish waste, food-contaminated
paper and other compostable paper (such as pizza boxes, takeout containers,
napkins and paper towels) and other biodegradable residuals.
Each of the towns and incorporated villages in Putnam County,
together with any town or village solid waste disposal district.
All petroleum based lubricating oils which have, through
use, been contaminated by physical or chemical impurities which have
not been removed by subsequent refining.
Tires from cars, trucks and other vehicles and their casings.
[1]
Editor's Note: See 42 U.S.C. § 2011 et seq.
A.
Provision of recycling plans to County; schedule of implementation.
(1)
In the interest of public health, safety and welfare, and in order
to conserve energy and natural resources in Putnam County, each town
and village within Putnam County shall be responsible for controlling
the collection of recyclables within its jurisdiction in accordance
with the provisions of this article and the Putnam County Solid Waste
Management Law.[1] To the extent that they have not already done so, each
such municipality shall provide to the Putnam County Department of
Solid Waste a plan to provide for source separation and collection
and/or dropoff of recyclable materials in accordance with the provisions
contained herein and in the Putnam County Solid Waste Management Law.
Such plan shall require regular source separation by all waste generators
within the municipality and regular, reliable collection of recyclable
materials by permitted waste collectors from each property that generates
such material within the municipality.
(2)
The County Legislature shall determine the schedule of implementation
for source separation and collection of recyclable materials throughout
the County, except that in no event shall implementation occur later
than September 1, 1992. All mandatory recycling local laws or programs
implemented by any town or village, so long as such ordinances or
programs meet the minimum standards and timetables for such implementation
set forth herein and conform with the County Solid Waste Management
Law,[2] will fulfill the requirements of this article.
B.
Minimum standards and timetables for implementation of County-wide
recycling.
(1)
To the extent not already done so, implementation of all mandatory
local recycling laws and/or plans shall have occurred no later than
September 1, 1992.
(2)
Commencing on or before January 1, 1992, all persons in the County
in control of any premises shall be required to separate from all
other solid waste that they set aside for disposal the following items:
(3)
Commencing on or before January 1, 2000, all persons in the County
in control of any premises shall be required to separate from all
other solid waste that they set aside for disposal the following additional
items:
(4)
If a town or village plan so indicates, recyclable materials may
be commingled for collection purposes.
C.
Source separation and handling of recyclables.
(1)
All generators of solid waste shall separate out all recyclable materials designated in §§ 205-11B and 205-14 of this article for separate curbside or dropoff collection. No person or persons shall dispose of recyclables, except by placing the same at curbside or other designated dropoff area which has been approved and designated as such by the municipality in which such person resides.
(2)
All recyclable materials which have been source separated and placed
at curbside or deposited at a designated dropoff center for separate
collection shall, at all times, be collected, stored and transported
separately from all other solid waste and shall be delivered to facilities
duly permitted for the processing and marketing of recyclables.
D.
Multidomicile buildings and complexes. All owners, managers and/or
persons otherwise responsible for multidomicile buildings and/or complexes
within Putnam County shall provide and maintain in a neat and sanitary
condition a dropoff area complete with separate containers for the
separate storage and collection of each recyclable material category
generated by the residents of such building and/or complex. Such dropoff
area shall be located on the premises and shall be conveniently accessible
by all residents of such premises. It shall be the resident's responsibility
to separate all designated recyclable materials from the solid waste
they generate and deposit such materials into each separate designated
container at the dropoff area. The owner, manager and/or person otherwise
responsible for such building or complex shall be responsible for
ensuring the separate collection and transport to market of all recyclable
materials from such dropoff areas in accordance with the provisions
of this article.
A.
Permit required. In accordance with § 27-0305 of the New York State Environmental Conservation Law, no person shall engage in the transportation of regulated waste originating or terminating at any location in this County without first having obtained a permit to do so in accordance with the provisions of this article. Further, no person receiving a permit hereunder shall loan, rent or permit any person to use or receive the benefit of such license, directly or indirectly, by any arrangement whatsoever, and any person so doing shall subject his license to revocation as set forth in §§ 205-16 and 205-17 hereof.
(1)
Applications for permit shall be made available at the Putnam County
Department of Health and shall be distributed upon request to all
waste transporters operating in Putnam County. Each permit issued
hereunder shall expire on the last day of February of each calendar
year and shall be renewed within 30 days preceding such expiration
by applying to the Putnam County Department of Health.
(2)
The Putnam County Commissioner/Director of Health or his/her duly
authorized representative shall review all timely received applications
and, if acceptable, shall issue a permit to the waste transporter.
(3)
Any application which is deemed unacceptable and rejected by the Putnam County Commissioner/Director of Health or his/her duly authorized representative shall be promptly returned to the waste transporter, together with a written explanation of the reasons for the rejection thereof. Such waste transporter shall thereafter be afforded a reasonable amount of time, as determined by the Health Department, to remedy any deficiency in its application. If necessary, the Health Department may waive the thirty-day renewal period provided for in Subsection A(1) herein.
(4)
In all cases, applications submitted by waste transporters who have
outstanding violations and/or unpaid fines and/or penalties on file
with the Putnam County Department of Health shall be denied until
such time that such violation is remedied and/or such fine and/or
penalty is paid in full.
B.
Annual report. As a condition for the permit, the Putnam County Department
of Health shall require the transporter to make an annual report to
the Department, including the volume and nature of waste products,
including recyclables, disposed of and the place and manner in which
such waste products were finally disposed, and such other information
as the Department may require. Failure to submit such annual report
shall result in the automatic denial of the permit application.
C.
Annual renewal. Such permit shall be renewed annually. A renewal may be denied by the Department for failure of the applicant to properly report as provided in Subsection B of this section.
D.
Permit display. Each person issued a permit under this chapter shall
be issued a vehicle decal.
(1)
The vehicle decal must be affixed prominently on all vehicles owned,
leased, or used by the waste hauler in the performance of his or her
business.
(2)
All vehicles which are owned, leased or used in the name of a business
entity, the owners, principals and/or employees of which are subject
to the provisions of this chapter, must prominently display the business
name and the Putnam County decal.
(3)
Failure to comply in any manner with the provisions of this section
shall be a violation of this chapter and shall subject the permit
holder to the sanctions provided for herein.
E.
Source separation. All waste transporters operating within Putnam County shall be responsible for collecting from their accounts all source-separated recyclable materials, as specified in § 205-11B herein, and shall, at all times, keep all recyclable materials separate from all other solid waste throughout the collection, transportation and delivery processes.
(1)
Solid waste shall not be mixed with recyclables (including scrap
metals) or with green waste; each such waste must be separately collected
or collected in a vehicle equipped to keep recyclables separated from
solid waste. Said vehicle must be approved by the Department of Environmental
Health.
(2)
Tires shall not be mixed with solid waste but must be separately
collected, transported and delivered.
F.
Handling of CFCs. It shall be a violation of this chapter for any
hauler to handle any appliance containing CFCs, such as Freon, in
such a manner that would allow for it to be crushed or for CFCs to
escape into the atmosphere.
G.
Tire collection. Tires shall not be mixed with solid waste but must be separately collected and disposed in accordance with Article I of this chapter
H.
Every hauler shall offer recyclables collection to those persons
for whom said hauler provides removal, collection or transport of
solid waste.
It is the intent of the Putnam County Legislature that the County
assist the towns and villages in the marketing of all recyclables
generated in the County. At such time as a County materials recovery
or recycling facility becomes operational, the County shall be responsible
for marketing all recyclables properly delivered thereto. Until such
facility is operational or contracted for by the County, the County,
acting through the Putnam County Department of Environmental Health,
will offer ongoing marketing consulting services to all towns, villages
and/or approved organizations engaged in recycling activities within
Putnam County.
In accordance with the New York State Environmental Conservation Law, and the rules and regulations promulgated thereunder at 6 NYCRR Part 360 (Chapter 152, Laws of 1990), the following specified waste stream items shall be disposed of in the manner prescribed herein:
A.
Household hazardous waste.
(1)
In accordance with 6 NYCRR Subpart 373-4, household hazardous waste
may be separated from other household solid waste and self-hauled
and dropped off at the location designated for the annual Household
Hazardous Waste Collection Day hosted by the County of Putnam for
such purpose, or if the generator of such hazardous household waste
so chooses, he or she may contract with a duly registered hazardous
waste transporter for the collection, transportation and disposal
of the generator's hazardous household waste.
(2)
All such hazardous waste transporters operating in Putnam County,
and their disposal facilities, must possess a valid and current permit
issued pursuant to Title 7 of the New York State Environmental Conservation
Law Article 27.
B.
Lead-acid batteries.
(1)
Legislative authority. In accordance with New York State Environmental
Conservation Law, § 27-1701, the Putnam County Legislature
finds that the improper disposal for lead-acid batteries constitutes
a threat to the health and safety of the citizens of this County.
To address such threat, the following practices relating to the recycling
and disposal of lead-acid batteries are now required by law:
(a)
Mixing and/or disposal of lead-acid batteries with solid waste
is strictly prohibited.
(b)
All lead-acid batteries shall be disposed of by delivering the
same to a retailer, distributor, collector, battery recycling facility
or, as a method of last resort, to an authorized hazardous waste facility.
(c)
Every retailer and distributor shall accept, at no charge, up
to two used lead-acid batteries per calendar month from any individual.
(d)
Distributors shall accept, at no charge, used lead-acid batteries
from any retailer to which the distributor sells new batteries.
(e)
A five-dollar return incentive payment shall be imposed on consumers
purchasing a new lead-acid battery who do not return a used lead-acid
battery to the retailer at the time of purchase. This payment shall
be refunded if the consumer returns a used lead-acid battery to such
retailer within 30 days of the purchase date. If, after the thirty-day
period expires, the consumer has not returned a used lead-acid battery
to the retailer, then such retailer may retain the return incentive
payment.
(f)
Every retailer and distributor shall post a conspicuous sign
displaying the universal recycling symbol and stating: "IT IS ILLEGAL
TO DISCARD VEHICLE BATTERIES. STATE LAW REQUIRES US TO ACCEPT VEHICLE
BATTERIES AT NO CHARGE FOR RECYCLING."
(g)
The local Department of Motor Vehicles is required to provide
information materials describing lead-acid battery collection requirements
and used oil management practices at the time of vehicle registration.
(2)
Administrative and civil sanctions.
(a)
In conjunction with the procedures provided for in § 205-16 of this article, any person who knowingly or intentionally violates any of the provisions or fails to perform a duty imposed by § 205-14B of this article, except the duty to accept a lead-acid battery pursuant to § 205-14B(1)(d), shall be liable for a civil penalty not to exceed $50 for each violation, provided that such civil penalty shall be in addition to any other penalties authorized under this or any other local or state laws governing the illegal disposal of lead-acid batteries.
(b)
Any retailer or distributor who refuses to accept a lead-acid battery as required pursuant to § 205-14B(1)(d) of this article shall be liable for a civil penalty not to exceed $500.
(c)
Penalties under this section shall be assessed by the Putnam County Commissioner/Director of Health or his/her duly authorized representative pursuant to § 205-16 of this article. For the purposes of this section, disposal of each lead-acid battery, except as authorized pursuant to § 205-14B(1)(b) of this article, shall constitute a separate violation.
C.
Used motor oil.
(1)
"Used oil" defined. For the purpose of this section, the term "used
oil" means all petroleum-based lubricating oils which have, through
use, been contaminated by physical or chemical impurities which have
not been removed by subsequent rerefining.
(2)
Legislative authority. In accordance with Title 23 of Article 23
of the New York State Environmental Conservation Law, regarding the
rerefining of used oil, the following practices and policies governing
the disposal and recycling of used oil are now required by law:
(a)
No person shall engage in the improper disposal of used oil.
Used oil shall only be deposited in an available used oil retention
facility or disposed of as otherwise authorized or permitted by the
Putnam County Commissioner/Director of Health or his/her duly authorized
representative.
(b)
Every service and/or retail establishment and every other person,
industrial operation, airport, trucking terminal or government facility
generating at least 500 gallons of used oil annually shall provide
and maintain used oil retention facilities in accordance with regulations
contained in 6 NYCRR Subpart 360-14, or contract for used oil storage
with another such establishment or municipality with an on-premises
used oil retention facility. The used oil shall be periodically removed
from the retention facility by a duly permitted waste transporter,
which may dispose of used oil only by delivery to a rerefiner, except
where otherwise permitted by the Putnam County Commissioner/Director
of Health or his/her duly authorized representative.
(c)
Every retail establishment that sells over 1,000 gallons of
motor oil per year, and every service establishment that sells over
500 gallons of motor oil per year shall be required to accept during
the normal business hours of the establishment, at no additional charge,
used motor oil in quantities not exceeding five gallons per day from
any individual. This requirement does not apply if the used oil retention
facility is temporarily filled to capacity; and provided, further,
that such establishment need only accept used oil that is uncontaminated
and in screw-top, rigid, closed containers. In no event shall a used
oil retention facility be allowed to remain at capacity for a period
exceeding one week.
[Amended 11-1-2011 by L.L. No. 19-2011]
(d)
Every service and retail establishment with an on-premises used
oil retention facility shall post a conspicuous sign open to public
view, stating: "WE ACCEPT USED OIL FOR RECYCLING AT NO CHARGE."
(e)
Every service and retail establishment that contracts with another
retail or service establishment shall post a conspicuous sign open
to the public view stating: "USED OIL FOR RECYCLING WILL BE ACCEPTED
BY (name of contracted establishment) AT (address of contracted establishment)
AT NO CHARGE."
(f)
A retail or service establishment shall not be required to accept
used oil if such establishment has been granted a hardship waiver
by the Commissioner of the New York State Department of Environmental
Conservation for the inability to provide for on-premises used oil
retention facilities or to contract for off-premises used oil collection.
Written proof of such hardship waiver shall be presented to the Putnam
County Commissioner/Director of Health or his/her duly authorized
representative in defense of a charged violation of this section.
(3)
Administrative and civil sanctions.
(a)
In conjunction with the procedures provided for in § 205-16 of this article, any person who knowingly or intentionally violates any of the provisions or fails to perform a duty imposed by § 205-14C of this article shall be liable for a civil penalty not to exceed $50, except that any service or retail establishment that refuses to accept used oil as required by § 205-14C(2)(c) or which fails to post a sign pursuant to § 205-14C(2)(d) or (e) shall be liable for a civil penalty not to exceed $500.
(b)
Penalties under this section shall be assessed by the Putnam County Commissioner/Director of Health or his/her duly authorized representative pursuant to § 205-16 of this article. Such civil penalty shall be in addition to any other penalties authorized under this or any other local or state laws governing the illegal disposal of used motor oil.
D.
Tires.[1]
(1)
Disposal. In accordance with the New York State Environmental Conservation
Law and the State of New York Codes, Rules and Regulations, Title
6, Part 360 (6 NYCRR Part 360), tires shall be disposed of in the
following manner:
(a)
Disposal of whole tires in any landfill is prohibited.
(b)
Mixing and/or disposing of tires in any form with solid wastes
is prohibited.
(c)
Used tires shall be delivered to a duly authorized tire retailer
at the time of purchase of new tires; delivered to a local recycling
dropoff center duly authorized to accept used tires; or delivered
to a tire retailer that is authorized to accept used tires for disposal
from the general public.
(2)
Storage. No person shall engage in storing 1,000 or more waste tires
at a time without first having obtained a permit to do so in accordance
with 6 NYCRR Part 360.
E.
Appliances and scrap metal.
(1)
Terms defined.
(a)
For purposes of this article, "appliance" shall include any
large industrial, commercial and/or residential appliance, including
but not limited to such items as refrigerators, freezers, washing
machines, clothes dryers, dishwashers, hot-water heaters, stoves,
ovens and the like.
(b)
For purposes of this article, scrap metal shall include but
not be limited to various types of metals from equipment, appliances
and fixtures.
(2)
All appliances and scrap metal shall be recycled by one of the following
methods:
(a)
Picked up, transported and delivered to an appropriate scrap
metal recycling facility by the appliance retailer, vendor and/or
distributor which delivers a new replacement appliance to a consumer
at the time of such delivery;
(b)
Picked up, transported and delivered by a duly permitted waste
hauler to an appropriate scrap metal recycling facility; or
(c)
Otherwise delivered to the appropriate local recycling dropoff
center or scrap metal recycling facility that accepts used appliances
and/or scrap metal.
(3)
Once a consumer delivers an appliance to either a duly permitted
waste hauler or appliance vendor, distributor and/or retailer, such
consumer's responsibilities under this subsection shall be deemed
to have been satisfied. Thereafter, full responsibility for the proper
disposal of any appliances so delivered shall rest with the waste
hauler, vendor, retailer and/or distributor who accepts such delivery.
(4)
Disposal of appliances and scrap metal in any manner not prescribed
herein is expressly prohibited.
To ensure full compliance with the provisions of this article,
all recyclables, once separated from solid waste and placed at curbside
for separate collection or deposited at any designated dropoff center,
immediately become the property of the registered and authorized recyclables
collector and/or transporter for any curbside location or dropoff
center where such recyclables are deposited. It shall be unlawful
for any unauthorized person or organization to scavenge or remove
recyclables for any purpose whatsoever from their collection containers
at any location.
A.
Investigation. The Putnam County Commissioner/Director of Health
or any representative authorized in writing by the Putnam County Commissioner/Director
of Health for such purpose may investigate any application, complaint
or alleged violation of any provision of this article by conducting
site inspections, informal interviews or preliminary hearings pertaining
thereto.
B.
Notice. Upon the finding of a violation of and/or noncompliance with
any provision of this article or the rules, regulations and orders
promulgated and issued pursuant hereto, the Putnam County Commissioner/Director
of Health or a duly authorized representative shall serve upon the
alleged violation a notice of violation, in writing, setting forth
the exact nature of such violation and/or noncompliance.
C.
Hearing. In the event that the party served with a notice of violation in accordance with Subsection B of this section desires to challenge or contest the accuracy or legitimacy of such notice and/or the findings contained therein, then such person or persons may request a hearing on the violation.
(1)
A request for hearing shall be made in writing to the Putnam County
Commissioner/Director of Health or duly authorized representative
and shall clearly state the basis upon which the notice of violation
is being contested.
(2)
In the event that such written request for hearing is not received
by the Putnam County Commissioner/Director of Health or duly authorized
representative within 14 days from the date of service of the notice
of violation, then such hearing shall be deemed waived.
(3)
Upon receipt of a timely written request, a hearing shall be set
down for a certain day and shall be on due and adequate notice to
the person or persons concerned. In no event shall such hearing be
held within 30 days after receipt of such written request.
(4)
The notice of hearing shall set forth the time and place of the hearing;
the name of the person or persons concerned; the purpose of the hearing;
general specifications with reference to the particular provisions
of law, or rules and regulations, if any, involved; the right to present
evidence and to examine and cross-examine witnesses; and the right
to be represented by counsel.
(5)
The Putnam County Department of Law shall appear on behalf of the
Putnam County Department of Health and shall function as the presentment
agency with respect to the alleged violation.
(6)
On the return day of the hearing, a duly appointed hearing officer
shall note the appearance of the person(s) in attendance, swear in
all witnesses, and record their testimony.
(7)
The hearing officer shall thereafter prepare findings of fact, conclusions and recommendations upon which the Putnam County Commissioner/Director of Health or his/her duly authorized representative shall make a formal order, setting forth the determination, conditions, if any, to be complied with and civil penalties, if any. Civil penalties shall be assessed in accordance with the provisions of § 205-17 of this article.
(8)
The order of the Putnam County Commissioner/Director of Health or
his/her duly authorized representative shall be filed in the Putnam
County Department of Health, and a copy thereof shall be served upon
the person or persons concerned.
D.
Administration. This article shall be administered by the Putnam
County Department of Health. The Office of the County Executive shall
have oversight responsibilities.
E.
Additional rules and regulations. Additional rules and regulations
as may be promulgated by the Putnam County Department of Health, for
the administration and/or enforcement of this article, shall be subject
to the approval of the Putnam County Legislature. Following approval
by the Putnam County Legislature, such additional rules and regulations
shall be filed with the Clerk of the Putnam County Legislature.
[Amended 12-4-2007 by L.L. No. 16-2007]
A.
Subject to the provisions of § 205-14B(2)(a) and C(3)(a), violations of this article shall be subject to a civil penalty not to exceed $500 for every such violation. All civil penalties and fines collected for any violation of this article shall be paid over to the Putnam County Commissioner of Health or his/her duly authorized representative for deposit in a general fund.
B.
Each day on which a violation or failure to comply with any provision
of this article continues shall constitute a separate violation.
C.
The penalties provided for by Subsection A of this section may be recovered, if necessary, by an action instituted by the Putnam County Attorney in any court of competent jurisdiction.
D.
Nothing contained herein shall prohibit the Putnam County Commissioner/Director
of Health or duly authorized representative from seeking to obtain
voluntary compliance with the provisions of this article by way of
notice, warning or educational means.
E.
In addition to the penalties provided for herein, any person, persons
or entity who or which disposes of said solid waste in any manner
inconsistent with the provisions contained herein shall further be
subject to such criminal and/or civil penalties as may be imposed
under applicable New York State law.
