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:
A. 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;
B. 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;
C. 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
D. 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.
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.
COMMISSIONER
The Commissioner of the Department of Public Works of Tompkins
County or designee thereof.
COUNTY
The County of Tompkins.
FACILITY
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.
HAZARDOUS WASTE
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.
PERSON
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.
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.
This article shall be enforced by:
A. Any peace officer or police officer, as provided by
the Criminal Procedure Law of the State of New York.
B. The Commissioner or designee, by issuance of an appearance
ticket pursuant to Article 150 of the Criminal Procedure Law of the
State of New York.