[HISTORY: Adopted by the Town Board of the Town of Huntington 3-10-1981 by L.L. No. 1-1981[1]; amended in its entirety 4-7-1998 by L.L. No. 14-1998. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Beautification Council — See Ch. 8.
Harbor and Boating Advisory Council — See Ch. 35.
Harbors and waterways — See Ch. 120.
Marine conservation — See Ch. 137.
Shellfish management — See Ch. 166.
Streams, watercourses and wetlands — See Ch. 171.
[1]
Editor's Note: This local law also repealed former Ch. 27, Environmental Protection, Department of, adopted 1-18-1972 by L.L. No. 1-1972 (Ch. 38 of the 1969 Code of the Town of Huntington).
A. 
Word usage. Whenever used in this chapter, words used in the singular include the plural and vice versa.
B. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
DEPARTMENT
The Town of Huntington Department of Environmental Waste Management, and it shall perform a major function of town government.
DEPUTY DIRECTOR
The Deputy Director of the Town of Huntington Department of Environmental Waste Management, who in the absence of the Director shall act generally for and in place of the Director.
DIRECTOR
The Director of the Department of Environmental Waste Management, and shall be the chief executive officer of the Department. Any reference to the title of Director of Environmental Control in any other chapter of the Code of the Town of Huntington shall henceforth mean the Director of Environmental Waste Management in all matters dealing with waste management.
A. 
There shall be in the Town of Huntington a Department of Environmental Waste Management. The principal officer of such Department shall be the Director, who shall be appointed by the Town Board for a term of office fixed by law, at such salary as may from time to time be fixed by said Town Board. The Director shall serve at the pleasure of the Board and shall be appointed on the basis of his or her administrative experience and qualifications for the duties of such office and shall meet any additional standards that may be required by the Town Board. The Director shall be the head of the Department, with power and authority to appoint and remove officers and employees under his or her jurisdiction in accordance with the Civil Service Law and other applicable laws, except the appointment and removal of the Deputy Director, who shall be appointed and removed by the Town Board.
A. 
The Director shall have such powers as prescribed by law and as shall be necessary for the proper administration of the Department consistent with applicable provisions of law.
B. 
The Department shall be divided into the following Divisions:
(1) 
Division of Environmental Facilities.
(2) 
Division of Recycling.
(3) 
Division of Environmental Protection.
A. 
The powers and duties of such Divisions therein shall be under the administration, direction and control of the Director, and each said Division shall be supervised by a division head who shall be so designated.
B. 
Powers and duties of individual divisions:
(1) 
Division of Environmental Facilities. Its powers and duties shall be jurisdiction over the operation and maintenance of all town waste, collection and treatment facilities, including town liquid or solid waste disposal systems, the resource recovery facility, landfill, sewage treatment plant, scavenger waste facility and all sewage pump stations. The Division also has jurisdiction over the operation of the collection and disposal of all liquid and solid waste generated in the town as wen as overseeing solid waste collection by private and contract carters in the town.
(2) 
Division of Recycling. Its powers and duties shall be jurisdiction and control over the operation of all town-operated recycling programs, the recycling center, the organic garden, hazardous material spillage control and the household hazardous waste facility, including the development, formation, implementation, expansion, review and operation of new recycling programs, recycling education programs and recycling marketing programs.
(3) 
Division of Environmental Protection. Its powers and duties shall be the administration of all departmental contracts, grant preparations, licensing, SPEDES, NYSDEC and EPA permit preparations, consent order compliance, revenue collection and enhancement, capacity marketing programs, sewer connection and expansion review, groundwater and methane monitoring, and refuse and sewer districts, as all of the above are related to waste management.
A. 
The Director shall promulgate such rules, regulations and specifications as are necessary to effect the policy of the Town Board with respect to all facilities and programs under the jurisdiction of the Department of Environmental Waste Management.
B. 
Any rule, regulation or specification promulgated by the Director shall be included on the agenda of the Town Board, published as a legal notice in the official newspaper of the Town of Huntington and, if adopted, shall be subject to a public hearing no less than 10 days after publication, heard by the Town Board at a public meeting, and, if such rule, regulation or specification is enacted, such enactment shall be again published in the official newspaper of the Town of Huntington and shall become effective 10 days after publication. The Town Board may adopt, change, modify or reject the rule, regulation or specification promulgated by the Director.
C. 
The rules, regulations and specifications of the Department of Environmental Waste Management shall be provided to:
(1) 
All license applicants, where said license would be subject to the rules, regulations and specifications of the Town of Huntington Department of Environmental Waste Management.
(2) 
All license holders, where said license would be subject to the rules, regulations and specifications of the Town of Huntington Department of Environmental Waste Management.
Nothing herein contained shall be construed to delegate or transfer any powers of the Town Supervisor contained in §§ 29, 52 and 125 of the Town Law of the State of New York or any other powers that may be lawfully exercised by said Supervisor.
If any provision of this chapter or the application of such provisions to any person or circumstances shall be held unconstitutional or invalid, the constitutionality or validity of the remainder of this chapter and the applicability of such provision to other persons or circumstances shall not be affected thereby.