Any person who shall fail to comply with this
chapter or with the rules and regulations adopted pursuant to this
chapter shall be subject to the following criminal penalties:
A. Residential users. Any residential user convicted
of violating any provision of this chapter or of the rules adopted
pursuant to this chapter shall be guilty of a violation, and upon
conviction thereof shall be punishable by a fine not to exceed $100
for the first offense, $200 for the second offense and $300 for each
subsequent offense, or by imprisonment for a term not to exceed 15
days, or by both such fine and imprisonment.
B. Commercial users; solid waste collector or hauler.
Except as hereinafter set forth, any commercial user or solid waste
collector or hauler convicted of violating any provision of this chapter
shall be guilty of a misdemeanor and, upon conviction thereof, shall
be punishable by a fine not to exceed $500 for the first offense,
$1,000 for the second offense and $1,500 for each subsequent offense,
or by imprisonment for a term not to exceed six months, or by both
such fine and imprisonment.
C. Persons other than those set forth in Subsections
A and
B convicted of violating any provision of this chapter or of the rules adopted pursuant to this chapter shall be guilty of a violation, and upon conviction thereof shall be punishable by a fine not to exceed $200 for the first offense, $300 for the second offense and $500 for each subsequent offense, or by imprisonment for a term not to exceed 30 days, or by both such fine and imprisonment.
D. Criminal penalty - hazardous waste. Any person who
shall be convicted of depositing hazardous wastes as defined by the
Solid Waste Management Rules at a county solid waste management facility
shall be guilty of a misdemeanor, and upon conviction shall be punished
by a fine not to exceed $5,000 for each offense or by imprisonment
for not longer than six months, or by both such fine and imprisonment.
E. Any person convicted of littering transportation routes
shall be guilty of a violation, and upon conviction thereof shall
be punishable by a fine not to exceed $200 for the first offense,
$300 for the second offense and $500 for each subsequent offense,
or by imprisonment for a term not to exceed 30 days, or by both such
fine and imprisonment.
F. Each day a violation shall continue in existence shall
constitute a separate violation of this chapter or of the rules adopted
pursuant to this chapter.
This chapter may be enforced by injunction.
Any person who shall violate this chapter or
applicable rules, now or hereafter adopted, shall be liable to the
County of Sullivan for a civil penalty not to exceed $1,000 for each
separate violation thereof. Each day during which such violation shall
continue shall be deemed to be a separate violation.
Any person who shall have deposited solid waste
in unlawful, uncontrolled and unpermitted disposal sites in violation
this chapter shall be liable to the County of Sullivan for a civil
penalty not to exceed $5,000 for each separate violation thereof.
Each day during which such violation shall continue shall be deemed
to be a separate violation.
In the event of a judgment in favor of the county
in any such civil, administrative or criminal action or proceeding,
the county may recover its expenses, including reasonable counsel
fees and expert and special service and witness fees incurred in connection
with the proof of such violation. The fact that the county shall not
have retained counsel shall not be a bar to the collection of such
counsel fees, and expert and special service and witness fees and
expenses incurred; provided, however, that the county shall use a
reasonable basis upon which to calculate the cost of services provided
by officers and employees of the county.
The Sullivan County Attorney is hereby authorized
on the request of the Commissioner of Public Works to appear in any
proceeding on behalf of the county to enforce any civil or administrative
penalty or order or to undertake the prosecution of any violation
proceeding of whatsoever kind authorized by this chapter.
The county shall have the right to pursue civil
penalties or administrative remedies regardless of whether a criminal
proceeding has been or is to be commenced.
[Amended 4-21-2011 by L.L. No. 2-2011]
The Sullivan County Solid Waste Management Rules
shall be subject to elimination, amendment, alteration, revision or
reestablishment only by a duly adopted resolution of the Sullivan
County Legislature. The effective date of any elimination, amendment,
alteration, revision or reestablishment of the Sullivan County Solid
Waste Management Rules shall be delineated in the resolution, or,
in the absence of such designation, the effective date shall be the
date upon which the resolution is adopted by the Sullivan County Legislature.