[Amended 7-7-1987 by L.L. No. 15-1987; 11-8-1990 by L.L. No.
21-1990, effective 11-13-1990; 3-5-1996 by L.L. No. 8-1996,
effective 3-8-1996; 11-16-2004 by L.L. No. 37-2004, effective 11-22-2004; 7-9-2009 by L.L. No. 15-2009, effective 7-20-2009; 1-7-2014 by L.L. No. 1-2014, effective 1-9-2014; 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017]
This article shall be known as the "Town of Brookhaven Recycling
and Sustainable Materials Management Law."
The development of economical and environmentally
sound policies, plans and methods for solid waste management in the
Town of Brookhaven is found to be of increasing importance to the
health, welfare and well-being of present and future inhabitants of
the Town. The Town's present landfill plays and will continue to play
a vital role in the Town's management of solid waste and is an important
resource which must be preserved. Separation of usable and recyclable
materials from the waste stream, as well as other resource recovery
methods, and efficient waste disposal practices will help to conserve
the available space in the Town landfill and provide effective solid
waste management for the Town. These and other waste management methods,
however, should not be implemented without careful investigation,
planning and development consistent with the overall needs of the
Town and applicable law. Accordingly, the establishment of a Department
of Recycling and Sustainable Materials Management within the Town
is necessary to undertake coordinated planning, development and enforcement
of economical and environmentally sound solid waste management policies
and practices which will meet the Town's needs and satisfy the requirements
of applicable laws.
A.
Whenever used in this article, words in the singular
shall include the plural and vice versa, where the context of the
article so requires.
B.
BULK ITEM
COMMISSIONER
CONSTRUCTION AND DEMOLITION DEBRIS
DEPARTMENT
DEPUTY COMMISSIONER
DIVISION
DIVISION DIRECTOR
EXPLOSIVES
GARBAGE
HAZARDOUS WASTE:
(1)
(a)
(b)
(2)
LITTER
PERSON
RESOURCE RECOVERY
RUBBISH
SLUDGE
SOLID WASTE
SOLID WASTE MANAGEMENT
SOLID WASTE MANAGEMENT FACILITY
SOURCE SEPARATION
TOWN
TOWN BOARD
TOWN SUPERVISOR
As used in this article, the following terms shall
have the meanings indicated:
An item of solid waste larger than two feet by two feet by
four feet or heavier than 50 pounds.
The Commissioner of the Department of Recycling and Sustainable
Materials Management.
Wastes resulting from construction, remodeling, repair and
demolition of structures, road building and land clearing. Such wastes
are limited to bricks, concrete and other masonry materials, soil,
rock and lumber, road spoils, paving material and tree and brush stumps.
The Department of Recycling and Sustainable Materials Management
of the Town of Brookhaven.
The Deputy Commissioner of the Department.
A division of this Department pursuant to § 20-83 of this article.
The Director of a division established pursuant to § 20-83 of this article.
Any chemical compound or a mechanical mixture that is commonly
used or intended for the purpose of producing an explosion and which
contains any oxidizing and combustive units or other ingredients in
such proportions, quantities or packing that an ignition by fire,
by friction, by concussion, by percussion or by detonator of any part
of the compound or mixture may cause such a sudden generation of highly
heated gases that the resultant gaseous pressures are capable of producing
destructive effects on contiguous objects or of destroying life or
limb.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
A solid waste or a combination of solid wastes
which, because of its quantity, concentration or physical, chemical
or infectious characteristics, may:
Cause or significantly contribute to an increase
in mortality or an increase in serious irreversible or incapacitating
reversible illness; or
Pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported or disposed of or otherwise managed.
Such wastes shall include but are not limited
to explosives, hazardous radioactive materials, toxic substances and
those substances which the Commissioner has identified as a "hazardous
waste" pursuant to the above criteria and has included on a list of
"hazardous waste" promulgated by the Department.
All waste material, including rubbish and garbage, which
tends to create a danger to public health, safety and welfare and/or
which creates an unsightly condition.
Any person, firm, partnership, association, private or municipal
corporation, company or organization of any kind.
The separation, extraction and recovery of usable materials
(including, without limitation, methane), energy or heat from solid
waste through source separation recycling centers or other programs,
projects or facilities.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, including but not limited to paper, wrappings,
cigarettes, cardboard, tin cans, yard clippings, wood, glass, bedding,
crockery and similar materials, and the carbon component of energy
waste, whether in solid or gaseous form.
Any solid, semisolid or liquid waste generated from a municipal,
commercial or industrial wastewater treatment plant, water supply
treatment plant or air-pollution control facility which has been dewatered
to twenty-percent solids and, once dewatered, does not show evidence
of free moisture.
All putrescible and nonputrescible materials or substances
discarded or rejected as having served their original intended use
or as being spent, useless, worthless or in excess to the owner at
the time of such discard or rejection, including, without limitation,
garbage, refuse, litter, rubbish, industrial waste, commercial waste,
sludges, ashes, contained gaseous material, incinerator residue, construction
and demolition debris, discarded automobiles and offal, but not including
solid or dissolved material in domestic sewage or substances and materials
in noncontainerized gaseous form. Materials intended for recycling
are also solid waste within the meaning of this article.
The purposeful and systematic transportation, storage, recycling,
treatment, processing, separation, reduction, recovery or disposal
of solid waste.
Any facility for the storage, transportation, recycling,
processing, separation, reduction, recovery, treatment or disposal
of solid wastes, including but not limited to transfer stations, baling
facilities, rail haul or barge haul facilities, processing systems,
source separation facilities, sanitary landfills, plants and facilities
for compacting, composting or pyrolization of solid wastes, incinerators
and other solid waste disposal, reduction or conversion facilities.
The segregation of usable and recyclable materials from the
solid waste stream for separate collection, sale or other disposition.
The Town of Brookhaven.
The Town Board of the Town of Brookhaven.
The Town Supervisor of the Town of Brookhaven.
A.
There shall be established in the Town of Brookhaven
a Department of Recycling and Sustainable Materials Management.
B.
The chief executive officer and administrative head
of the Department shall be the Commissioner, who shall be appointed
by the Town Board for a term determined by the Town Board, at such
a salary as may from time to time be fixed by the Town Board.
(1)
The Commissioner shall be appointed on the basis of
his or her administrative experience and qualifications for the duties
of such office, with considerations to any additional standards as
may be required by the Town Board.
(2)
The Commissioner shall administer, manage and coordinate
the functions of the Departments and its divisions, including, without
limitation, planning, public contact and relations, fee collection,
permit issuance, promulgation of rules and regulations, recordkeeping
and personnel assignment and control.
(3)
The Commissioner shall have the power and authority
to appoint and remove officers and employees of the Department, including,
without limitation, Division Directors, in accordance with the New
York State Civil Service Law and other applicable laws, except the
appointment and removal of Deputy Commissioners, who shall be appointed
and removed by the Town Board. The Commissioner shall have such other
power and authority as shall be necessary for the proper administration
of the Department consistent with this article and applicable provisions
of any other law.
(4)
The Commissioner shall be executive secretary of any
advisory board or commission assigned to his jurisdiction by the Town
Board.
C.
The Town Board may appoint Deputy Commissioners for
a term determined by the Town Board and at such salary as may from
time to time be fixed by the Town Board.
(1)
The Deputy Commissioner(s) shall be appointed on the
basis of his or her administrative experience and qualifications for
the duties of such office, with considerations to any additional standards
as may be required by the Town Board.
(2)
The Deputy Commissioner(s) shall report to and assist
the Commissioner and shall act for and on behalf of the Commissioner
at all times. There shall be a Chief Deputy Commissioner and a Deputy
Commissioner, who shall report to and assist the Commissioner and
shall generally act for and on behalf of the Commissioner at all times.
The Deputy Commissioner(s) shall have such powers and authority to
perform such duties as are delegated to him or her by the Commissioner
or imposed upon him or her by this article consistent with the provisions
of this article and the applicable provisions of any other law.
The Commissioner shall have such powers as shall
be necessary for the proper administration of the Department consistent
with applicable provisions of the law.
A.
The Department.
(1)
The Department shall have the primary responsibility, power and duty
to develop, administer and enforce efficient and environmentally sound
solid waste management practices in the Town. Such responsibility,
power and duty shall include but not be limited to:
(a)
The power and duty to investigate and develop methods, practices
and facilities for efficient and environmentally sound solid waste
management which will satisfy the requirements of the applicable law
and will meet the needs of the Town and its residents now and in the
future, including, without limitation, the need to conserve and make
efficient use of the Town's landfill.
(b)
The power to recommend to the Town Board the locations of solid
waste management facilities in the Town, subject to Town Board approval,
to establish and maintain Town solid waste management facilities,
including those for resource recovery and source separation. The Department
shall have the power and duty to operate and manage the Town's landfill
and other solid waste management facilities to obtain and insure disposal
of solid waste, and to perform all tasks related to the efficient
operation of the Town's landfill as may be required by determination
of the Commissioner.
(d)
The power to prohibit or restrict the types of waste, including
but not limited to hazardous waste, bulk items, yard clippings, leaves,
tree limbs and branches, brush, automobile and truck tires and construction
and demolition debris, which may be managed at a particular solid
waste management facility, including, without limitation, the Town
landfill.
(e)
The power to regulate and to establish licenses or permits for
the transportation of solid waste generated, stored, processed, separated,
reduced, recovered, recycled or disposed of within the Town.
(f)
The power to adopt and promulgate, amend and repeal rules and
regulations necessary to implement the foregoing powers and duties
and to ensure the sound regulation of all aspects of solid waste management
in the Town.
(g)
The power and duty to educate the owner's residents, by whatever
necessary and appropriate means, concerning resource recovery goals
and projects, including source separation, which the Department may
develop.
(h)
The Department will have the responsibility for servicing and
maintenance of all motor vehicles, used by the Department.
(2)
Without limiting the powers and duties of the Department listed in Subsection A(1) of this section, the Department shall work with the Town Board's Solid Waste Management Planning Committee in the planning, initiation and implementation of source separation and resource recovery programs and facilities for the Town.
(3)
The Department shall have the power to enforce and
seek penalties for violation of any provision of this article or any
Department rule or regulation adopted or promulgated hereunder.
(4)
The Department shall have the power and duty to administer
and enforce the Sanitary Code of the Town of Brookhaven,[1] regulate the hours and use of solid waste management facilities
within the Town, supervise all landfill operations and enforce all
other laws, ordinances, rules and regulations pertaining to the management
of solid waste. This shall include the power and duty to develop and
enforce programs directed at the elimination of litter and rubbish
from the Town's roadsides, vacant lots and other areas and the ongoing
monitoring thereof, and to determine compliance with the terms and
conditions of any permit issued by the Department and such other and
further enforcement tasks as may be required to carry out the purposes
of this chapter.
Nothing herein contained shall be construed
to abrogate or transfer any power of the Town Supervisor as provided
in the Town Law of the State of New York or any other statutory or
other power which may be lawfully vested in the Town Supervisor.
The Commissioner, subject to Town Board approval,
may establish schedules of fees for Town resource recovery facilities,
including, without limitation, Town source separation facilities,
and for the disposal of various types of solid waste at the Town landfill,
including, without limitation:
All solid waste shall be transferred, processed,
separated, recovered, reclaimed and/or disposed of in accordance with
the provisions of this article, Department rules and regulations,
Department-issued permits and licenses and applicable local, state
and federal laws, regulations and permits.
The Commissioner or his representative shall
have the power to enter, at reasonable times, upon any private property
for the purpose of inspecting and investigating conditions relating
to the environment of or compliance with the provisions of this article,
any Department rule or regulation or any Department-issued permit
or license.
