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.
A.
If the Commissioner of Public Works shall believe that any person holding a permit has violated these rules, or a hearing shall be requested pursuant to Subsections D and E, the Commissioner of Public Works, or his designee, on eight days' written notice, may hold a hearing to determine if a violation occurred. If the Commissioner of Public Works shall find from the evidence that a violation shall have occurred, he may suspend the permit of the holder for a period of not more than 180 days, revoke such permit, or impose a fine not to exceed $1,000 for each violation, or impose such conditions on suspension or revocation and fine as may be appropriate. In the event that a fine is imposed, the permit shall be deemed suspended until payment of such fine. Upon reapplication for a permit, the Commissioner of Public Works may impose such conditions as may be appropriate under the circumstances, including but not limited to issuance of a provisional or conditional permit revocable upon a determination of subsequent violations of this chapter or the rules.
B.
At any hearing conducted by the Commissioner of Public
Works, the respondent may be represented by counsel, cross-examine
witnesses, present evidence and subpoena witnesses.
C.
Consent orders. The Commissioner of Public Works is
hereby empowered to enter into consent orders, assurances of voluntary
compliance or other similar documents establishing an agreement with
any person responsible for the noncompliance with this chapter or
the rules. Such orders shall include specific action to be taken by
the user to correct the noncompliance within a time period also specified
by the order. Consent orders shall have the same force and effect
as an administrative order.
D.
Administrative or compliance order. When the Commissioner
of Public Works finds that a person has violated or continues to violate
this chapter or a permit, license or order issued thereunder, he may
issue an order to the person responsible for the violation directing
that, following a specified time period, such permit and/or license
held by such person shall be suspended unless the violation is corrected
and that there is no reoccurrence of the violation. Orders may also
contain such other requirements as might be reasonably necessary and
appropriate to address the noncompliance, including the self-monitoring
and management practices. The person responsible may, within 15 days
of receipt of such order, petition the Commissioner of Public Works
to modify or suspend the order. Such petition shall be in written
form and shall be transmitted to the Superintendent by certified mail,
return receipt requested. The Commissioner of Public Works may:
E.
Cease-and-desist orders.
(1)
When the Commissioner of Public Works finds that a
person has violated or continues to violate this chapter or any permit,
license or order issued hereunder, the Commissioner of Public Works
may issue an order to cease and desist all such violations and direct
those persons in noncompliance to:
(2)
The person responsible may, within 15 days of receipt
of such order, petition the Commissioner of Public Works to modify
or suspend the order. Such petition shall be in written form and shall
be transmitted to the Commissioner of Public Works by certified mail,
return receipt requested. The Commissioner of Public Works may:
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[1]]
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.
[1]
Editor's Note: This local law also provided that the Sullivan
County Waste Management Rules, previously promulgated pursuant to
this section, as they existed on the effective date of this local
law, would remain in full force and effect until such time as the
Sullivan County Legislature acted as provided for in this section.
