[Adopted 12-21-1993 by L.L. No. 6-1993]
This article shall be known as the "Flow Control of Solid Waste and Haulers Licensing Law."
This article is adopted pursuant to the laws of the State of New York to:
Advance the implementation of a plan for the management of solid waste generated, originated, or brought within the County of Tompkins, to promote the safety, health and well-being of persons and property within the County of Tompkins;
Allow for the equitable payment of solid waste management costs by those responsible for generating the solid waste and thereby foster waste reduction, recycling and integrated solid waste management;
Carry out the policy of the state to foster efficient solid waste management and disposal organized and administered by the county as the appropriate planning unit; and
Foster the state legislative purpose of encouraging the development of economical and environmentally sound projects for the present and future collection, treatment and management of solid waste.
The county currently owns and operates a transfer station and anticipates owning and contracting for the operation of a transfer station in the foreseeable future.
Requiring the delivery of all acceptable solid waste to a designated facility or facilities allows the county to ensure that regulated recyclable materials are being separated from solid waste and that solid waste does not contain hazardous waste or other harmful products.
By requiring the delivery of acceptable solid waste to a designated facility or facilities, the county can ensure that solid waste is disposed of in an environmentally safe manner and at an environmentally safe location.
Requiring the delivery of all acceptable solid waste to a designated facility or facilities allows the county to accurately determine the quantity of solid waste generated in the county, and thereby allows the county to plan accordingly and to accurately meet reporting requirements.
By requiring the delivery of acceptable solid waste to a designated transfer station, the county can ensure that the waste is loaded into vehicles suitable for economical and environmentally sound transportation.
By requiring the delivery of solid waste to a particular facility or facilities, the county can collect fees from the producers of solid waste, and thereby encourage the reduction of solid waste.
Solid waste that is loaded into transfer trailers at a transfer station for shipment may economically travel a greater distance than solid waste which is not reloaded at a transfer station, and, therefore, the reloading of solid waste encourages and facilitates the transportation of solid waste in interstate commerce.
As used in this article, the following terms shall have the meanings indicated:
- ACCEPTABLE SOLID WASTE
- All solid waste generated, originated or brought within the county other than waste that is defined herein as hazardous waste, unregulated recyclable materials, regulated recyclable materials, or unacceptable waste. Acceptable solid waste excludes solid waste traveling through the county while being transported from a place outside the county to a destination outside the county.
- BELOW REGULATORY CONCERN RADIOACTIVE WASTE
- Radioactive waste that has been deregulated or is not regulated by the United States Environmental Protection Agency or Nuclear Regulatory Commission, or the New York State Department of Health or Environmental Conservation.
- The Commissioner of the Department of Public Works of Tompkins County or designee thereof.
- The County of Tompkins.
- COUNTY LEGISLATURE
- The Tompkins County Legislature.
- Any solid waste management or resource recovery facility employed beyond the initial solid waste collection process that is to be used, occupied or employed for or is incidental to the receiving, transporting, storage, processing, or disposal of solid waste or the recovery by any means of any material or energy product or resource therefrom, including but not limited to recycling centers, transfer stations, processing systems, resource recovery facilities, sanitary landfills, plants and facilities for composting or landspreading of solid wastes, secure land burial facilities, reprocessing and recycling facilities, reuse facilities, surface impoundments and waste oil storage, incinerators and other solid waste disposal, reduction or conversion facilities.
- A. Any waste that by reason of its quality, concentration, composition or physical, chemical or infectious characteristics may do any of the following: cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or pose a substantial threat or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise mismanaged; or any waste that is defined or regulated as a hazardous waste, toxic substance hazardous chemical substance or mixture, or asbestos under applicable law, as amended from time to time including, but not limited to:
- B. The Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. and the regulations contained in 40 CFR Parts 260-281;
- C. The Toxic Substances Control Act, 15 U.S.C. § 2601 et seq. and the regulations contained in 40 CFR Parts 761-766;
- D. Future additional or substitute federal, state or local laws pertaining to the identification, treatment, storage or disposal of toxic substances or hazardous waste; except that hazardous waste shall not include household hazardous waste which is accorded treatment as other than hazardous waste under applicable law;
- E. Radioactive materials that are source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, 42 U.S.C. § 2011 at seq. and the regulations contained in 10 CFR Part 40;
- F. Below regulatory concern radioactive waste; or
- G. Solid waste so designated by the rules and regulations promulgated pursuant to this article.
- Any natural person, partnership, association, joint venture, corporation, estate, trust, association, county, city, town, village, improvement district, governmental entity or other legal entity.
- RECYCLING or RECYCLED
- Any method, technique or process utilized to separate, process, modify, convert, treat or otherwise prepare solid waste so that its component materials or substances may be beneficially used or reused.
- REGULATED RECYCLABLE MATERIALS
- Materials separated or required to be separated from the waste stream pursuant to a mandatory source separation law adopted by the county pursuant to § 120-aa of the General Municipal Law.
- SOLID WASTE
- All putrescible and nonputrescible solid wastes, 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 that are being accumulated, stored, or physically, chemically or biologically treated prior to being discarded or rejected, having served their intended use, or that are a manufacturing by-product, 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, 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 this article, or any unregulated recyclable materials, but shall include regulated recyclable materials.
- SPECIFIED FACILITY OR FACILITIES
- A facility or facilities for certain solid waste specified by the County Legislature pursuant to § 140-21 of this article.
- UNACCEPTABLE WASTE
- Sludges from air treatment facilities, industrial wastewater sludges that are actual point source discharges, foundry sand, loads of fly and bottom ash, discarded automobiles or major components thereof, large items of machinery and equipment from commercial sources, offal, regulated infectious or medical waste, domestic sewage, in-situ mining residues, below regulatory concern radioactive waste, and other solid waste so designated by the rules and regulations promulgated pursuant to this article.
- UNREGULATED RECYCLABLE MATERIALS
- Scrap or other material of value separated from the waste stream and held for purposes of material recycling, including but not limited to manufacturing by-products of value, but not including materials separated from or required to be separated from the waste stream pursuant to a mandatory source separation law adopted by the county pursuant to § 120-aa of the General Municipal Law.
The County Legislature is hereby authorized to designate, by resolution, from time to time, one or more specified facilities, to which certain acceptable solid waste or regulated recyclable materials, generated or originated, or brought within the county, must be delivered. Any so specified facility or facilities shall be the only facility or facilities to which such acceptable solid waste or regulated recyclable materials shall be delivered. Such designation shall be subject to such exceptions as are set forth in the rules and regulations promulgated pursuant to this article or as the Commissioner may determine to be in the public interest.
Should the County Legislature designated one or more specified facilities pursuant to Subsection A above, no person shall dispose of or deliver such acceptable solid waste or regulated recyclable materials except at the designated facility or facilities.
Should the County Legislature designate one or more specified facilities pursuant to Subsection A above, no facility shall accept such acceptable solid waste or regulated recyclable materials, other than the designated facility or facilities.
Any solid waste generated or originated or brought within the county that has not been designated to be delivered to a specified facility shall be disposed of only as permitted under other state, federal and local laws.
The County Legislature is authorized to promulgate, revise, amend and publish rules, regulations and orders necessary to carry out the purposes of this article. Such rules, regulations and orders may, but shall not be limited to or required to, include the following:
Establish or modify the disposal or other fee charged or imposed at any county owned, operated or contracted facility, which authority may not be delegated to a designee.
Establish or modify the fee or fees charged for any solid waste license, or renewal, required by this article, which authority may not be delegated to a designee.
Establish or modify the fee or fees charged for any permit required by this article, which authority may not be delegated to a designee.
Identify, designate and refine categories of solid waste, including categories of acceptable solid waste.
Establish and maintain standards for solid waste that may be delivered and accepted at any county owned, operated or contracted solid waste facility, including prohibiting one or more categories of solid waste from being delivered or disposed of at a county owned, operated or contracted facility.
Establish the detailed requirements and procedures for solid waste license applications and renewals, as well as license revocations and suspensions, consistent with the provisions of this article.
Determine the form, content and procedure of records to be maintained by solid waste licensees.
Except as limited above, the County Legislature may delegate to its designee all or part of its power to promulgate rules, regulations and orders.
Except as otherwise provided in this section or in the rules and regulations promulgated pursuant to § 140-22, no person shall engage in the business of collecting, transporting or handling solid waste generated or originated or brought within the county without a solid waste license issued by the Commissioner, provided that only persons who collect, transport or handle solid waste for compensation shall be required to obtain a solid waste license.
All applications for solid waste licenses or renewal of licenses shall be in writing and shall contain such information as is required by this article and the rules and regulations promulgated pursuant to this article, and shall be verified by the applicant.
Within 30 days of receipt of the properly completed and signed application, the Commissioner shall either issue a solid waste license or inform the applicant, in writing, that the solid waste license applied for has been denied with an explanation of the denial. (See § 140-24 for conditions for a solid waste license.) Any decision denying a license shall be sent to the applicant by registered mail.
If a solid waste license application or renewal application is denied, the applicant may, within 15 days of the date the denial was mailed, file a written petition with the Commissioner demanding that a hearing be held. The hearing shall be held before the Hearing Board in accordance with § 140-26 herein.
Renewal licenses shall be applied for and issued in the same manner and subject to the same requirements as original licenses, and shall also be subject to any additional requirements in effect at the time of application for renewal. A complete and timely submitted application for renewal shall result in the applicant's existing license remaining in effect (provided that such license has not been suspended or revoked) until the expiration of the license or until the renewal application is acted upon by the Commissioner, whichever is later. If the application is denied and the applicant demands a hearing, the Hearing Board may, in its discretion, grant the applicant a temporary license pending the final determination of the hearing.
Solid waste licenses required by § 140-23 shall be issued as follows:
Solid waste licenses and renewals shall be subject to the following conditions:
All licensees must comply with this article and the rules, regulations, and orders promulgated pursuant to this article. A solid waste license application or renewal application may be denied based on the failure of the applicant to comply with this article and the rules, regulations and orders promulgated pursuant to this article, or with any other federal, state or local law governing the licensee's operations.
All licensees must maintain records of acceptable solid waste and regulated recyclables collected, transported or disposed of by the licensee, in accordance with the rules and regulations promulgated pursuant to this article.
The licensee shall provide evidence of security from a reliable insurer or surety authorized to do business in New York State, in the form of policies for insurance or surety bonds providing for coverages as determined by the rules and regulations promulgated pursuant to this article.
As a term and condition of being issued a solid waste license, a licensee shall consent that any vehicle being operated by or on behalf of the licensee may be searched and its contents examined by any police officer, County Inspector or other person designated by the County Legislature at any facility or while engaged in the collection, transportation or carrying of solid waste.
No solid waste license shall be issued upon original application or renewal application to any applicant convicted of a misdemeanor or felony violation of any federal, state or local law pertaining to the collection or disposal of solid waste, unless the Commissioner finds the denial of a solid waste license to such person would not be in public interest.
As a condition for renewal of a solid waste license, the licensee shall file with the Commissioner a certificate executed before a notary public attesting that the licensee has complied with this article and any and all rules, regulations and orders promulgated pursuant thereto during the term of the prior license.
If the County Legislature has designated a facility pursuant to § 140-21 of this article, all licensees must deliver any solid waste required to go to a particular facility within 48 hours of picking up the solid waste. Weekends and holidays shall be excluded from the forty-eight-hour computation. If any solid waste is delivered to the designated facility or facilities in a different vehicle from that in which the solid waste was picked up, the licensee must inform the Commissioner prior to or upon delivery that the delivery vehicle contains solid waste that was picked up in other vehicles, and the other vehicles must be identified. The Commissioner may excuse a licensee from the time limit for a particular pickup if the licensee notifies the Commissioner prior to the expiration of the time period that the time requirement cannot be satisfied because of a vehicle mechanical failure or other unanticipated delay.
All licensees shall be required to post a bond, security deposit or other guaranty or payment as determined by the Director of Finance.
[Amended 10-4-1994 by L.L. No. 6-1994]
The time for payment of all fees, including but not limited to the per-ton fee for solid waste, shall be determined by the Commissioner, and all licenses must comply with these payment requirements.
The Commissioner is hereby empowered to administer the issuance, denial, revocation or suspension of solid waste licenses, in accordance with this article and the rules and regulations promulgated hereunder.
Upon the failure of a licensee to comply with the solid waste license conditions of this article and the rules and regulations promulgated thereunder, or any other state, federal or local law governing the licensee's operation, the Commissioner shall notify the licensee, in writing, personally served or sent by registered mail to the licensee's last known address. Such notice shall state the Commissioner's intent to revoke, suspend or impose conditions on the licensee's solid waste license, together with the reasons for the Commissioner's action.
The licensee may demand a hearing by serving upon the Commissioner a written request for a hearing within 10 days from the date the Commissioner's notice is served or mailed. Hearings shall be held as provided in § 140-26 herein. If the licensee does not demand a hearing, the Commissioner may revoke, suspend or impose conditions on the license and shall promptly advise the licensee, in writing, of such action.
If in the judgment of the Commissioner the failure of the licensee to comply with the solid waste license conditions or the rules and regulations or other law pose a threat to the health or safety of the county or any resident of the county or if the violations will continue if action is not taken within the time period enumerated in Subsection B, the Commissioner may revoke, suspend or impose conditions on a license at any time without providing an opportunity for a prior hearing. Upon receipt of notice of revocation, suspension or the imposition of conditions, the licensee shall be entitled to a hearing within five days of receipt of demand for such hearing by the county.
Hearings shall be held before a Hearing Board, which shall consist of the following people:
One member of the County Legislature appointed by the Chair of the County Legislature;
One member of the County Solid Waste Management Advisory Committee appointed by the Chair of the Committee;
The County Administrator or designee thereof; and
The County Attorney, or designee thereof, shall be an ex-officio, nonvoting member of the Hearing Board.
Except as provided in § 140-25C, hearings shall be scheduled to be held before the Hearing Board within 10 days of the receipt of the demand for the hearing. The hearing shall be held during regular business hours and may be adjourned or continued thereafter as the Hearing Board shall deem necessary or convenient. The Commissioner shall notify the licensee or applicant, in writing, of the time and place of the hearing at least five days before the hearing date.
The licensee or applicant may be represented by counsel at the hearing, and may offer evidence and cross-examine witnesses. Upon request of the licensee or applicant, the hearing shall be recorded by a stenographer.
The Hearing Board shall promptly notify the licensee, in writing, of its final determination, including the effective date.
To the extent provided in the rules and regulations promulgated hereunder, no person shall dispose of solid waste or recyclables at a facility owned or operated by or contracted for by the county without a permit issued by the county.
Permits must be obtained from the Commissioner.
The County Legislature shall establish the fee(s) for permits.
The terms and conditions for the permit shall be determined by the rules and regulations promulgated pursuant to this article.
This article shall be enforced by:
The county may commence a civil action to enjoin or otherwise remedy any failure to comply with this article or the rules, regulations and order promulgated pursuant to this article. Any such action may include a claim for any losses suffered by the county as a result of the failure to comply.
In addition to any other penalties prescribed in this article, the county may maintain an action in a court of competent jurisdiction to impound the vehicle(s) and/or equipment used in violating this article of a person required to maintain a solid waste license who is operating without a solid waste license or is operating with a suspended, revoked or expired solid waste license, or has been found guilty of or liable for serious repeated violations of this article or the rules, regulations and orders promulgated thereto.
Failure to comply with this article or the rules, regulations or orders promulgated pursuant to this article, shall be a violation as defined in § 55.10 of the Penal Law.
Any person convicted of a violation, other than a violation of § 140-27, shall be liable for:
A person convicted of a violation of § 140-27 shall be liable for a fine of not less than $50 nor more than $500.
Each commission of a single act shall constitute a separate violation of this article, and each day such violation occurs or continues shall constitute a separate offense, which may be punished and prosecuted as such.
Any penalties or damages recovered or imposed under this article are in addition to any other remedies available at law or equity.