[Adopted 6-30-1993 by L.L. No. 3-1993]
A.Â
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.
B.Â
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:
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.
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.[1] The disposal fee shall not include any fees charged by
solid waste haulers for the collection, hauling or handling of 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.
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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.
F.Â
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.
G.Â
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.
A.Â
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.
B.Â
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.[1]
