This article shall be known as the "Annual Solid
Waste Fee Local Law."
The Legislature of Tompkins County finds that:
A. The New York State Solid Waste Management Plan (the
"Plan") and the Solid Waste Management Act of 1988 (the "1988 Act")
mandates that the amount of solid waste generated and disposed of
in New York State be managed through the establishment of programs
to reduce the amount of waste being produced and to then further reduce
the amount of waste needing disposal by recycling and reusing the
elements of the waste stream that can feasibly be so recovered.
B. The Plan and 1988 Act also charge the county, as the
designated planning unit, with the responsibility to comprehensively
plan the long-term solid waste management and disposal needs of the
residents of the county and to then arrange for and supervise the
implementation of such local solid waste management plan.
C. The Plan and 1988 Act further require that landfills
that do not meet modern state-of-the-art standards for environmentally
safe landfills be closed and then monitored so as to reduce the potential
that such older facilities might harm the environment.
D. The county has undertaken a number of programs pursuant
to the mandates of the Plan and 1988 Act, which provide services to
the residents of the county and serve to implement the proposed local
solid waste management plan, including but not limited to recycling
programs for the collection, processing, transporting and marketing
of recyclable materials; the closing and monitoring of the Caswell
and Hillview Road Landfills, in accordance with directives of the
Department of Environmental Conservation ("DEC"); the investigation
and initial planning of a new landfill; the development of a recycling
and solid waste center to process recyclable materials and municipal
solid waste generated by county residents; the operation of a transfer
station and the transportation and disposal of solid waste generated
by county residents; and the educational and administrative services
attendant to these services and facilities.
E. The County Legislature has determined as a matter
of public policy that the cost of providing such services should be
borne by the generators of solid waste and recyclable materials, who
are the users of the services and facilities being provided.
F. The county has further determined that funding the
services and facilities by charges of tipping or gate fees at the
county's transfer facility will raise these tipping or gate fees to
unacceptable levels.
This article is enacted pursuant to the laws
of the State of New York, including Municipal Home Rule Law § 10(1)(ii)(a)(9-a)
and County Law § 226-b, to: institute a plan to charge users
of recycling, solid waste and related services and facilities provided
by the county, a fee for the use of such services and facilities,
which fees shall cover the cost of the services being provided, and
which fees shall be charged on an equitable basis, related to the
level of recycling and solid waste services available to the class
of users.
Each owner of property is hereby required to
provide the county written notice of any change in use of the parcel
that could result in a change in the classification and/or the number
of billing units assigned to the parcel. Such notice shall be in the
form prescribed by the county, and given within 30 days of the change
in property use.
[Amended 12-7-1993 by L.L. No. 5-1993; 9-6-1994 by L.L. No. 5-1994]
A. The county shall mail on or about January 2 to each
owner of real property an invoice for the annual solid waste fee due
from such owner. Such invoice may be sent as a separate statement
or may be sent as a separate line item on the county tax bill.
B. The fee shall be due January 1, and payable without
interest or penalties by January 31, and payment shall be made to
the County Division of Budget and Finance, in person or by mail, at
such locations as are specified on the invoice. The fee shall be paid
in one lump sum; partial payments will not be accepted, except under
the provisions of L.L. No. 8-1990.
C. All annual solid waste fees shall be a debt and personal
obligation of the owner of the parcel of property. Said fees shall
be a lien upon the parcel of property as of the due date of the fee.
Notwithstanding anything to the contrary herein,
the following special provisions shall apply to the annual solid waste
fees charged for the year January 1 through December 31, 1993:
A. The taxable status date shall be March 1, 1993.
B. The Legislature shall by resolution concurrent with
this article establish the unit charge to be applied for 1993 in calculating
the annual solid waste fees to be charged. The Legislature may amend
the unit charge on or before June 15, 1993.
C. Within 10 business days following the taxable status
date, by March 10, 1993, the County Administrator shall mail to all
owners of real property a notice setting forth the classification(s)
of each parcel on the solid waste fee roll, the number of billing
units and the proposed fee currently assigned to such parcel. Failure
to mail such notice or failure of the owner to receive the notice
shall not prevent the charging, collection and enforcement of the
annual solid waste fee against the owner and property.
D. Complaints with respect to the classification of a
parcel or property measurements (e.g. square footage, number of living
units, etc.) may be filed with the County Administrator on or before
April 16. Complainants shall file a statement under oath, specifying
the parcel of property, why the assigned classification or measurement
is erroneous or illegal, what the complainant believes is the correct
classification or measurement, and a brief description of the facts
supporting the claim. The statement must be made by the owner of the
parcel in question or by some other person authorized by the owner
to make the statement who has knowledge of the facts stated therein.
The County Administrator shall determine, in writing, the proper classification
or measurement of each parcel for which a complaint has been filed
and shall mail a copy of such determination to the complainant on
or before May 10. Such decision shall also include information regarding
the procedure to appeal the decision to the Appeals Board and the
date, time and place of the meeting or meetings of the Appeals Board.
Any person desiring to appeal the decision of the County Administrator
may file an appeal with the Appeals Board on or before June 1. Such
appeal shall be in writing and shall include a copy of the complaint
filed with the County Administrator, a copy of the County Administrator's
decision and a brief description of the reason for the appeal.
E. The bills for the 1993 annual solid waste fee shall
be mailed on or about August 1, 1993, and shall be due on August 1,
1993, and payable without interest or penalties through August 31,
1993.
F. Except as set forth in the foregoing, all other provisions
of this article shall apply to the annual solid waste fees charged
for 1993.
The County Administrator is hereby empowered
to administer this article and to issue rules, regulations and orders
as necessary or advisable to carry out the purposes of this article.
The County Legislature may authorize the correction
of an error in the solid waste fee roll based upon a petition subscribed
by the County Administrator, and, when it shall appear that such annual
solid waste fee has not been paid because of errors or omissions not
the fault of the owner, may modify or waive the penalties, charges,
costs and interest to be paid on such fee.