[Adopted by the Board of Representatives (now County Legislature) 2-2-1993 by L.L. No. 1-1993]
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.
A. 
As used in this article, the following terms shall have the meanings indicated:
BILLING UNIT OR UNITS
Refers to the number assigned to each parcel of real property pursuant to § 114-6 below and shall provide the basis for determining the fee charged.
COUNTY
The County of Tompkins.
COUNTY ADMINISTRATOR
The County Administrator of Tompkins County as set forth in the Tompkins County Charter and Code.
COUNTY LEGISLATURE
The Tompkins County Legislature.
FEE STATUS DATE
March 1 for each subsequent fiscal year.
[Amended 3-1-1994 by L.L. No. 1-1994]
RATE SCHEDULE
Refers to the schedule adopted by the County Legislature pursuant to § 114-5B, establishing classes and formulas for determining billing units for parcels of improved real property.
RECYCLABLES or RECYCLABLE MATERIALS
Materials that would otherwise be solid waste, and which can be collected, separated, and/or processed, treated, reclaimed, used or reused so that their component materials or substances can be beneficially used or reused.
SOLID WASTE
All putrescible and nonputrescible solid waste materials generated or originated within the county, including but not limited to materials or substances discarded or rejected, whether as being spent, useless, worthless, or in excess to the owners at the time of such discard or rejection or for any other reason; or being accumulated, stored, or physically, chemically or biologically treated prior to being discarded or rejected, having served their intended use; or a manufacturing by-product, including but not limited to garbage, refuse, waste materials resulting from industrial, commercial, community, and agricultural activities, sludge from air or water pollution control facilities or water supply treatment facilities, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction debris and offal; but not including sewage and other highly diluted water-carried materials or substances and those in gaseous form, or hazardous waste as defined in the law.
SOLID WASTE FEE ROLL
Refers to the listing of all parcels in the county, including the assignment of billing units to each parcel.
UNIT CHARGE
The dollar amount established by the County Legislature pursuant to § 114-5 below, as the annual solid waste fee charged for one billing unit.
B. 
In the event that any date herein falls on a Saturday, Sunday or legal holiday, then the applicable date shall be the next succeeding date that is not a Saturday, Sunday or legal holiday.
A. 
The annual solid waste fee shall be charged to all owners of improved real property located within the county, as the owners and users of such property are deemed to generate solid waste or recyclable materials and are therefore users of county's solid waste and/or recycling facilities and services.
B. 
The annual solid waste fee shall be an annual fee covering the period from January 1 through December 31.
C. 
The Legislature shall establish by resolution a rate schedule of classifications and formulas for determining the billing units assigned to all parcels based upon the use of the real property. The classification of parcels and the formulas for determining the billing units assigned to each class shall be based on the level of services available to such class, which shall be determined by the Legislature at its sole discretion. Information regarding the use of each parcel and property measurements shall be based upon the county's records for the assessment of property values. These records shall be used as the basis for purposes of calculating billing units under this article. The Legislature may amend the rate schedule from time to time by resolution, to add, delete or change classes of parcels on the solid waste fee roll or to change the method for calculating the number of billing units of a specific class.
D. 
On or before December 10 of each year, the Legislature shall by resolution establish the unit charge to be applied for the following fiscal year in calculating the annual solid waste fee to be charged.
E. 
The annual solid waste fee shall be charged to the owner of each parcel of real property in accordance with this article, based upon the number of billing units assigned to such parcel (as set forth in § 114-6 below) times the unit charge set for the year.
F. 
A fifty-percent exemption from the annual solid waste fee shall be allowed for all senior citizens who also qualify for the senior citizen partial exemption from real property taxes.
A. 
Each parcel of improved real property situated in the county shall be assigned to a class of parcels as set forth in the rate schedule, based upon the use of the parcel as of the fee status date.
B. 
The County Administrator shall make a reasonable effort to ascertain the name of the owner, last known owner or reputed owner and the use of the parcel as of the fee status date. The County Administrator shall prepare a solid waste fee roll listing each parcel in the county, its owner, its class as a parcel on the rate schedule, and the number of billing units assigned to it.
C. 
The County Administrator shall complete the tentative solid waste fee roll on or about May 1 and shall file a copy with the County Division of Solid Waste and the Division of Budget and Finance. The County Administrator shall forthwith cause a notice of such filing to be published once in the official newspaper of the county on or about May 8. The notice shall state that a tentative solid waste fee roll has been completed; that a copy has been filed with the County Division of Solid Waste and the Division of Budget and Finance and may be examined by any person during regular business hours until the third Tuesday in May; and that an appeal must be filed with the County Administrator c/o the Solid Waste Manager on or before June 1. Such notice shall also state the date, time and place of the meeting or meetings of the Appeals Board.
[Amended 3-1-1994 by L.L. No. 1-1994]
D. 
Within seven business days following the filing of the tentative solid waste fee roll, the County Administrator shall mail to each owner of real property for which a change from the previous year has been made, a notice setting forth any reclassification of such parcel on the solid waste fee roll or any change in the number of billing units assigned to a parcel. Such notice shall also state that an appeal must be filed with the County Administrator on or before June 1. Such notice shall also state the date, time and place of the meeting or meetings of the Appeals Board. 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.
E. 
Appeals 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 June 1. 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.
F. 
The Appeals Board shall meet to hear appeals on specified dates between June 1 and June 15. The Appeals Board shall consider all complaints filed with them, whether or not the complainant appears in person before the Appeals Board. Any complainant appearing before the Appeals Board may be represented by counsel and may offer evidence in support of the claim. The Appeals Board shall render a written decision on each complaint, determining the correct classification, property measurement and/or number of billing units of said parcel, and shall mail such decision to the complainant on or before July 1, setting forth the basis for the determination.
G. 
The County Administrator shall complete the solid waste fee roll, including the determinations of the Appeals Board, and file such completed roll with the County Division of Solid Waste and the Division of Budget and Finance on or about July 1. When the completed roll has been filed, the County Administrator shall forthwith cause a notice to be published in the official newspaper of the county, stating that the solid waste fee roll has been completed and filed with the County Division of Solid Waste and the Division of Budget and Finance.
[Amended 3-1-1994 by L.L. No. 1-1994]
H. 
For purposes of this article, the Appeals Board shall consist of three persons, appointed by the County Legislature, who shall not be elected or appointed officials of Tompkins or of any local municipality within Tompkins County. Each member of the Appeals Board shall serve for specified terms to be determined by the County Legislature.
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.[1]
[1]
Editor's Note: See Ch. 74, Tax Collection, Art. II, Collection in Installments.
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.
A. 
Any annual solid waste fee not received by the County Division of Budget and Finance when due shall be considered delinquent and shall be subject to a late payment charge of 5% of the amount of the unpaid fee, together with interest on the unpaid fee of 1% per month. Any late payment charge and interest shall be a lien against the parcel of property against which it accrued as of the accrual date.
B. 
For all taxable parcels, any delinquent annual solid waste fee remaining unpaid as of November 1 may be added to the ensuing year's county tax bill for the parcel against which there is a lien. In such case, no payments shall be accepted after the commencement of the relevy. On or about December 1, the County Administrator shall prepare and transmit to the Legislature a list of those property owners with delinquent annual solid waste fees as of November 1, which list shall include a brief description of the property, the names of the persons liable to pay the same, and the amount of unpaid fees, including late payment charges and interest through December 31. The Legislature shall levy such sums against the properties liable and shall state the amount thereof as a separate entry of annual tax rolls of the various municipalities under the name "Relevied County Annual Solid Waste Fee." Such amount shall be collected and enforced in accordance with § 266 of the County Law.
[Amended 3-1-1994 by L.L. No. 1-1994]
C. 
For all nontaxable parcels (Assessment Roll Section 8). On or about December 1, the County Administrator shall prepare a listing of those property owners with delinquent annual solid waste fees as of November 1. These outstanding fees will not be relevied on any tax bill, and will continue to be payable at the Tompkins County Division of Budget and Finance. All parcels with outstanding fees will be issued a subsequent notice of delinquency on or about January 1 which will include all penalties and interest accrued to date. This billing shall also include notification of additional administrative costs of $25 or 10% of the fee, whichever is greater, to be added to all bills remaining unpaid as of February 1. Interest will continue to accrue until fee is paid.
[Added 3-1-1994 by L.L. No. 1-1994]
D. 
Notwithstanding the foregoing, the county shall be entitled to commence a civil action to foreclose upon any lien upon property in accordance with the law or collect any amount due to it.
E. 
For all nontaxable parcels (Assessment Roll Section 8). On or about December 1, 1993, the County Administrator shall prepare a listing of those property owners with delinquent annual solid waste fees as of November 1. These outstanding fees will not be relevied on any tax bill, and will continue to be payable at the Tompkins County Division of Budget and Finance. All parcels with outstanding fees will be issued a subsequent notice of delinquency on or about March 1, 1994, which will include all penalties and interest as of December 31, 1993. This billing shall also include notification of additional administrative costs of $25 or 10% of the fee, whichever is greater, to be added to all bills remaining unpaid as of April 1, at which time interest will resume at a rate of 1% per month until the fee is paid.
[Added 3-1-1994 by L.L. No. 1-1994]
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.