[Adopted 6-30-1993 by L.L. No. 3-1993]
It is hereby declared that waste stream recycling and reduction is of importance to the health, safety, and welfare of the residents of the County of Tompkins.
It is further declared that the imposition of solid waste disposal costs upon generators of solid waste on the basis of the weight of solid waste disposed of provides a necessary incentive to reduce the generation of solid waste by recycling and waste reduction.
This article prescribes the methods of payment for disposal of solid waste through private and municipal solid waste haulers and encourages the recycling of solid waste.
As used in this article, the following terms shall have the following meanings:
- CONTAINER PROGRAM SOLID WASTE
- Any solid waste generated or originated on residential property and any solid waste generated or originated on commercial property that is placed at curbside for collection. Container program solid waste shall not include hazardous waste under any applicable law or regulation, or construction or demolition debris.
- DISPOSAL FEE
- The cost per pound for the disposal of solid waste at the facility or facilities specified by the Tompkins County Legislature pursuant to L.L. No. 3-1992. The disposal fee shall not include any fees charged by solid waste haulers for the collection, hauling or handling of solid waste.
- SOLID WASTE
- All putrescible and nonputrescible materials or substances discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including but not limited to garbage, refuse, industrial, commercial, and agricultural waste, sludges from air or water pollution control facilities or water supply treatment facilities, rubbish, tires, 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, special nuclear or by-product material within the meaning of the Atomic Energy Act of 1954, as amended, or waste which appears on the list or satisfies the characteristics of hazardous waste promulgated by the Commissioner of Environmental Conservation pursuant to § 27-0903 of the Environmental Conservation Law. Solid waste shall not include any scrap or other material of value separated from the waste stream and held for purposes of materials recycling.
- SOLID WASTE HAULER
- Any person, corporation or partnership in the business of collecting, transporting or handling solid waste generated or originated within the county. For purposes of this article, "solid waste hauler" includes municipalities providing hauling services.
All container program solid waste placed at curbside for collection must, to the extent practical, be placed in a garbage can or a plastic bag.
All containers holding container program solid waste collected by solid waste haulers in Tompkins County must bear a tag stating the current disposal fee. The tag may also include a cost for hauling, administrative and collection fees charged by the solid waste hauler if those costs are listed separately from the disposal fee.
It shall be a violation of this article for any person to place solid waste at curbside for collection without a tag required by this article.
No solid waste hauler may pick up container program solid waste unless the container holding the solid waste bears a tag required by this article.
All solid waste haulers must sell tags to their customers suitable for display on garbage cans and bags. Such tags shall be issued in weight denominations determined by the Commissioner of Public Works or his designee. All solid waste haulers must make single trash tags available for purchase by the public at at least one location or by mail.
Trash tags shall expire at the effective date of a change of the tipping fee charged by the county, or earlier if stated on the trash tag. All solid waste haulers must refund the cost of the trash tag to purchasers if the request for refund is made 90 days after the expiration date or sooner.
All solid waste haulers required to use the above described tag system are required to itemize administration, collection and hauling charges separately from trash tag fees on all billings or invoices provided to customers.
The Commissioner of Public Works or his designee, in consultation with the County Attorney, shall enforce the provisions of this article and all rules, regulations and designations made pursuant thereto. Such enforcement shall include but not be limited to legal or equitable proceedings, including without limitation an action for specific performance brought in the name of the county.
Any person, including any solid waste hauler, who violates this article shall be guilty of an offense and subject to a fine of not more than $500 and/or imprisonment for not more than 15 days. Each and every act committed which is prohibited by § 140-14 of this article shall constitute a separate violation.
Upon the failure of any solid waste hauler to comply with the requirements of this article, the hauler's solid waste license shall be subject to suspension, revocation or to the imposition of conditions. The Commissioner of Public Works or his designee may initiate such action in the manner prescribed by L.L. No. 3-1992.