A.
Pursuant to the clearly articulated policy of New York State, as
set forth in § 27-0106 of the Environmental Conservation
Law, the Legislature finds that the County faces an increasing threat
to its environmental and economic well-being from the solid waste
disposal crisis. The Legislature also finds that it is in the public
interest, safety and welfare, in order to conserve energy and natural
resources and protect the environment and the health of the citizens
of the County, to monitor the solid waste stream within Putnam County
and to ensure the efficient and effective implementation of waste
reduction, reuse, disposal and recycling programs for all sectors
of Putnam County.
B.
The adoption of this article is authorized pursuant to New York Environmental
Conservation Law § 27-0107 and County Law, § 226-b.
As used in this article, the following terms shall have the
meanings indicated:
All putrescible and nonputrescible solid waste(s), 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 which 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, sludge(s) from
air or water pollution control facilities or water supply treatment
facilities, rubbish, ashes, contained gaseous material, incinerator
residue, construction and demolition 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.
[1]
Editor's Note: See 42 U.S.C. § 2011 et seq.
A.
Permit required. In accordance with § 27-0305 of the New York State Environmental Conservation Law, no person or persons 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 or persons receiving a permit hereunder shall loan, rent or permit any person or persons to use or receive the benefit of such license, directly or indirectly, by any arrangement whatsoever, and any person or persons so doing shall subject such license to revocation as set forth in §§ 205-21 and 205-22 hereof.
(1)
Applications for permit shall be made available at the Putnam County
Department of Health and shall be distributed upon request to any
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 Putnam County Commissioner/Director or his/her duly authorized representative, to remedy any deficiency in its application. If necessary, the Putnam County Commissioner/Director or his/her duly authorized representative may waive the thirty-day renewal period provided for in Subsection A(1) hereof.
(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 (the "Department") 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 permit.
(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.
Exemptions. This permit requirement shall not apply to persons whose
solid waste collection activities are limited to solid waste collected
at their own residences or to persons conducting recycling and/or
scrap activities on a noncommercial basis on behalf of a not-for-profit
organization.
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.
(1)
Such notice may be served in person, by mail, by telegraph, or by
posting such notice conspicuously on the premises.
(2)
Such notice shall set forth the date or dates of violation and/or
noncompliance, or best approximation thereof, and section of law claimed
to have been violated.
(3)
Such notice shall provide that the violation and/or noncompliance
shall be abated or removed within the period of time set forth in
such notice as determined by the Putnam County Commissioner/Director
of Health or his/her duly authorized representative.
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 or persons 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 § 205-22 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 Putnam 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.
A.
Violations of this article shall be subject to a civil penalty not
to exceed $500 for each such violation. All civil penalties and fines
collected for any violation of this article shall be paid over to
the Putnam County Commissioner/Director of Health 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 his/her 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 or 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 state law.
