In order to permit the supervision and regulation
of the disposal of solid waste, the County Legislature finds and determines
that regulation is in the interest of the public health, safety and
welfare and that licenses and permits shall be required. The Commissioner
of Public Works is directed to adopt regulations that provide for
periodic reporting of such information as may be appropriate in order
to determine the amount of solid waste generated in the county, the
locations where such waste is disposed of, the method and disposition
of recyclables and such other information as may be necessary and
appropriate.
Every solid waste collector and hauler shall
obtain a license to operate in the county unless such solid waste
collectors and haulers shall operate solely and exclusively within
the territory of a municipality in which solid waste is collected
and disposed of and which municipality has adopted regulations which
are not less comprehensive than that required by this chapter and
the rules adopted hereunder.
Every commercial user shall obtain a permit
to haul solid waste to a county solid waste management facility.
Any person applying for a permit shall apply
for such permit on an application form provided by the county. The
Commissioner of Public Works may require such information as may be
appropriate for the permit to be issued. The Commissioner of Public
Works may require such financial information as may be appropriate
to permit a determination of financial responsibility of the applicant.
An applicant for a permit shall indemnify and hold the county, its
officers and agents free and harmless from any and all claims and
liability arising from the deposit of any solid waste at a county
solid waste management facility. The Commissioner of Public Works
shall require insurance issued by insurance companies licensed by
the State of New York and authorized to do business in the State of
New York. Excess coverage shall be issued only through brokers licensed
by the State of New York. The company issuing the policy shall be
of sufficient size and amount of capital to cover the loss insured
against. Ratings shall be determined upon review of same as set forth
in A.M. Best ratings for the current year. The policies shall have
such provisions as the Commissioner of Public Works shall deem appropriate.
A permit shall have a term fixed by the Commissioner of Public Works.
If the term of such permit is in excess of one year, the applicant
shall pay the entire permit fee in advance. There shall be a pro-rata
refund of the fee paid if a permit holder shall voluntarily surrender
a permit with an unexpired term of more than six months. There shall
be no refund paid to a permit holder in the event that a permit shall
be suspended or revoked prior to the termination of the term.
Passes are special permits issued to residential
users and persons other than commercial users and solid waste collectors
and haulers for limited duration and purposes. Such passes may be
issued for any purpose authorized by the rules.
The fees for passes shall be established by
the Legislature by resolution.