[Added 12-31-1974 by L.L. No. 21-1974; amended 2-19-1991 by L.L. No. 4-1991]
A.
Whenever used in this local law, words used in the
singular include the plural and vice versa.
B.
ACCEPTABLE WASTE
COMMISSIONER
DEPARTMENT
PORT WASHINGTON LANDFILLS
RECYCLABLES
SOLID WASTE
SOLID WASTE MANAGEMENT FACILITY
TOWN
TOWN BOARD
TRANSFER STATION
As used in this local law, the following terms shall
have the meanings indicated:
The Commissioner of Solid Waste Management.
[Amended 10-21-2021 by L.L. No. 19-2021]
The Town of North Hempstead Department of Solid Waste Management.[2]
The closed Town of North Hempstead L4 and L5 Landfills located
at 802 West Shore Road, Port Washington, New York.
[Added 10-21-2021 by L.L. No. 19-2021]
This term shall have the same meaning ascribed to it under § 46-2 of the Town Code.
[Added 10-21-2021 by L.L. No. 19-2021]
This term shall have the same meaning ascribed to it under § 46-2 of the Town Code.
[Added 10-21-2021 by L.L. No. 19-2021]
This term shall have the same meaning ascribed to it under § 46-2 of the Town Code.
[Added 10-21-2021 by L.L. No. 19-2021]
The Town of North Hempstead, Nassau County, New York.
[Added 10-21-2021 by L.L. No. 19-2021]
The duly elected and constituted legislative body of the
Town of North Hempstead.
[Added 10-21-2021 by L.L. No. 19-2021]
The North Hempstead Transfer Station located at 999 West
Shore Road, Port Washington, New York.
[Added 10-21-2021 by L.L. No. 19-2021]
[1]
Editor's Note: This local law also repealed the former definition
of "authority," which immediately followed.
[2]
Editor's Note: The former definitions of "Executive Director"
and "landfill concession and solid waste service agreement between
the Town of North Hempstead Solid Waste Management Authority and the
Town of North Hempstead," which immediately followed, were repealed 10-21-2021 by L.L. No.
19-2021.
[Amended 10-21-2021 by L.L. No. 19-2021]
A.
There
shall be in the Town of North Hempstead a Department of Solid Waste
Management. The principal executive officer and administrative head
of such Department shall be the Commissioner. The Commissioner shall
be appointed by the Town Board at such salary as may from time to
time be fixed by the Town Board. The Commissioner shall be appointed
on the basis of the individual's administrative experience and qualifications
for the duties of such office and such additional standards as may
be required by the Town Board. The Commissioner shall be the head
of the Department with power and authority to appoint and remove officers
and employees under his/her jurisdiction in accordance with Civil
Service Law and other applicable laws. The Commissioner may appoint
one exempt Deputy Commissioner. The Deputy Commissioner may act generally
for the Commissioner in the absence of the Commissioner.
B.
Before
entering upon the duties of office, the Commissioner shall execute
and file with the Town Clerk an official undertaking, if the same
is required by the Town Board, in such sum as is prescribed by the
Town Board and in such form as is approved by the Town Attorney.
[Amended 10-21-2021 by L.L. No. 19-2021]
A.
The Commissioner shall have such powers and duties as described in this article and Chapter 46 of the Code.
B.
The Department shall have the powers and duties described in Chapter 46 of the Town Code as well as the following powers and duties:
(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 to collect, receive, extract, transport, process, dispose
of, sell, store, convey, recycle and deal with, in any lawful manner
and way, solid waste and any products or by-products thereof now or
hereafter developed or discovered, including any energy generated
by the operation of any facility on such terms and in such manner
as the Town may deem proper;
(b)
To collect or receive from the United States, the state, the Town,
any other municipality or public corporation or person solid waste
for the purpose of treatment or disposal thereof, with the authority
to sell and dispose of any products or by-products, including energy,
of such process of treatment or disposal, as the Town may deem proper;
(c)
Subject to the approval of the Town Board, to contract with other
municipalities, state agencies, public corporations or persons for
the purpose of collecting, receiving, treating and disposing of solid
waste, including, without limitation, to contract with municipalities,
state agencies, public corporations or persons for the delivery of
all solid waste generated within a stated area to a specific facility;
(d)
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;
(e)
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;
(f)
The power and duty to operate and manage the Town's Transfer Station
and the Town's Port Washington Landfills and other solid waste management
facilities owned and operated by the Town and not under the jurisdiction
of the Department of Public Works or the Department of Parks and Recreation
to obtain and insure disposal of solid waste, and to perform all tasks
related to the efficient operation of the Town's solid waste management
facilities described above as may be required by determination of
the Commissioner;
(g)
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;
(h)
The power to adopt and promulgate, amend and repeal rules and regulations
necessary to implement the foregoing powers and duties;
(i)
The power and duty to educate residents, by whatever necessary and
appropriate means, concerning resource recovery goals and projects,
including source separation, which the Department may develop;
(j)
The Department will have the responsibility for servicing and maintenance
of all equipment, facilities and motor vehicles used by the Department.
(2)
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.
All costs and expenses incurred by the Department
or its officers or employees on behalf of a special improvement district
or special Town project shall be charged against such district or
project and paid from the funds duly appropriated for the purpose
of such district or project.
Nothing herein contained shall be construed to delegate or transfer any power of the Town Supervisor contained in §§ 29, 52 and 125 of the Town Law of the State of New York or any other powers which may be lawfully exercised by said Supervisor.
[Amended 10-21-2021 by L.L. No. 19-2021]
The Commissioner may establish, subject to Town Board approval, a schedule of fees to be collected by the Commissioner for services rendered in connection with the work of the Department and for which the Commissioner deems it necessary to charge and to collect a fee therefor. Without limiting the foregoing, the Town Board, on the recommendation of the Commissioner and subject to the provisions of Chapter 46 of the Town Code, may fix and collect rates, rentals, fees and other charges for disposal of acceptable waste and recyclables at the Town's Transfer Station and the use of the facilities of, or services rendered by, or any commodities furnished by, the Department so as to provide revenues sufficient to pay, as the same shall become due, the expenses of operating and maintaining the properties of the Town under the administration of the Department and any and all other activities of the Department.
If any section, provision or part thereof in
this local law shall be adjudged invalid or unconstitutional by a
court of competent jurisdiction, then such adjudication shall not
affect the validity of the local law as a whole or any section, provision
or part thereof not so adjudged invalid or unconstitutional.
This local law shall be effective immediately
upon filing with the Secretary of State.
