[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Editor's Note: This local law also repealed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.
DEPARTMENT
DEPUTY DIRECTOR
DIRECTOR
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
The Town of Huntington Department of Environmental Waste
Management, and it shall perform a major function of town government.
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.
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.
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.
This chapter shall become effective immediately
upon filing with the Secretary of State.
