Solid Waste and Sanitation
LOCAL
LAW NO. 4 FOR THE YEAR 2001
COUNTY OF MADISON, NEW YORK
PROPOSED
LOCAL LAW OF THE COUNTY OF MADISON TO PROVIDE AN ORDERLY PROGRAM FOR THE
COLLECTION, TRANSPORTATION AND DISPOSAL OF SOLID WASTE AND RECYCLABLES
IN ORDER TO PROMOTE THE SAFETY, HEALTH, WELFARE AND CONVENIENCE OF THE
CITIZENS OF MADISON COUNTY, AND TO PROHIBIT RANDOM REFUSE DISPOSAL AND
LITTERING ALONG PUBLIC HIGHWAYS AND ROADS, AND IN FURTHERANCE OF THE LEGISLATIVE
FINDINGS SET FORTH BELOW, AND TO AMEND AND RESTATE LOCAL LAW #5 FOR THE
YEAR 1991 AND ANY AMENDMENTS THERETO.
BE
IT ENACTED, by the Board of Supervisors of the County of Madison, New York
as follows:
LEGISLATIVE
FINDINGS
The
Board of Supervisors of the County of Madison, upon consideration and in
support of the adoption of Local Law #4 for the year 2001, hereby finds
and declares.
1.The
safe and proper disposal of the solid wastes generated by the people of
the County of Madison has long been and remains a matter of serious public
concern.
In
the 1960’s, virtually every municipality in Madison County provided a dump
for use by local residents and businesses, as a traditional local government
service.In response to growing concerns
and increased public awareness of adverse environmental impacts caused
by the operation of unlined dumps – such as drinking water contamination,
disease carrying vectors, open burning, landfill gas migration, and the
potential for other public health and environmental problems associated
with historical waste disposal practices at unlined local dumps -- by 1974
all sixteen town, village and city dumps were phased out of service and
replaced with a county owned and operated centralized sanitary landfill
in the Town of Lincoln and three rural residential waste transfer stations
located in the towns of Cazenovia, Hamilton and Sullivan. In the late 1980’s
Madison County re-examined its long-term solid waste management plan to
decide on an economically viable and environmentally sound long-term management
program.This resulted in the adoption
of a plan to pursue a comprehensive countywide recycling program in 1989
and a Comprehensive Solid Waste Management Plan approved by the New York
State Department of Environmental Conservation on March 15, 1993. The County
hereby reaffirms the objectives set forth in the plan, as amended, to reduce,
reuse and recycle so much of the waste stream of Madison County as is feasible,
and to landfill the remainder in an environmentally secure public landfill
facility.
2.Since
the adoption of the Plan, the County has implemented an integrated system
of waste management to achieve the objectives set forth in the Plan. The
actions taken to implement this system include the following:
Madison
County’s integrated solid waste management system consists of one central
sanitary landfill with a double composite liner system in the Town of Lincoln,
three transfer stations (located in the Towns of Hamilton, Cazenovia, and
Sullivan), a central materials recovery facility (MRF) located on County
property adjacent to the landfill site, and four yard waste and recyclables
drop-off locations (at the three transfer stations and across the street
from the sanitary landfill).In addition,
at the landfill drop-off location the County recycles special wastes such
as used oil, antifreeze, vehicle tires, vehicle batteries, dry cell batteries,
white goods and other bulk metals.
All
of these facilities are owned and operated by the County with the exception
of the MRF, which is located on County property at the County’s landfill
site and is operated by the Madison-Cortland Chapter of NYSARC, Inc. (ARC)
pursuant to a lease and operating contract with the County.The
ARC is a not-for-profit association that assists persons with mental retardation
or developmental disabilities.Ownership
of the MRF will revert to the County if the ARC’s operating contract with
the County is terminated. The County markets recyclable materials that
are processed at the MRF, and employs a recycling educator to inform and
educate the public about recycling and waste reduction.
Since
1996, Madison County has provided County residents and conditionally exempt
small quantity generators with free access to one or more household hazardous
waste collection facilities located in nearby counties, to limit the disposal
of such materials in the County landfill and to provide an environmentally
sound means for the disposal of such materials.The
County also provides a syringe disposal program in cooperation with local
pharmacies.
The
County’s integrated solid waste management system is structured to be financially
self-supporting, without the use of tax money to subsidize its waste management
and recycling program costs.Revenues
from tipping fees on non-recyclable wastes and from the sale of recyclable
materials are used to pay for system operating and debt service costs,
and to fund a landfill closure/post-closure reserve account that will be
used to pay for future landfill closure and post-closure costs.The
annual cost of the County’s integrated solid waste management system is
in the range of approximately $2.6 to $3.0 million, with the variation
depending on the amount required each year for landfill debt service payments.The
County’s total outstanding debt for its integrated solid waste management
system is approximately $6.1 million, as of November 1, 2001.
The
County provides a strong economic incentive to maximize recycling and waste
reduction, by only charging a fee on non-recyclable waste deliveries.The
County does not charge for the use of its recycling programs and recycling
services.Tipping fees on non-recyclable
wastes are used to financially support the County’s recycling programs
and household hazardous waste collection services, which do not generate
sufficient revenues to support themselves.
3.In
order to provide for the safe and effective collection of solid waste and
recyclables, the County has established a regulatory scheme for the granting
of permits to collect and transport waste and recyclables within the County.
The permits established by the County are described below.
The
County historically has had four permit categories:
The
annual Commercial Waste Permit allows for disposal of co-mingled
residential, commercial and institutional solid waste. Holders of Commercial
Waste Permits handle approximately 85 per cent of the waste that is generated
in the County.The longstanding practice
of Waste Collectors in the County is to pass through landfill disposal
costs to their customers.
The
Special
Waste Permit, or one-day permit, allows for disposal of co-mingled
residential, commercial and institutional solid waste and is included in
the 85 per cent figure listed above.
The
Resident
Waste Permit allows individual residents to drop-off their own residential
waste at any of the County’s transfer stations or at the drop-off facility
located across the street from the County Landfill, and represents approximately
14 per cent of all waste generated in the County.
The
Roadside
Clean Up Permit is issued free of charge to municipalities and community
organizations for litter clean up only.This
permitted use represents less than one per cent of all waste generated
in the County.
Madison
County's Solid Waste programs are supported by tipping fees on non-recyclable
waste and through the sale of recyclable items collected at the ARC MRF
and the County’s transfer stations and landfill drop-off facility.
The
County’s integrated solid waste management system is financially supported
by a user fee system that is more equitable than taxes.Revenues
needed to pay for the County’s solid waste system are from user fees that
are based on the amount of non-recyclable waste delivered to the County’s
facilities, rather than from tax revenues that are based on the assessed
value of properties in the County.The
user fee system is a much more fair and fiscally responsible method to
pay for the solid waste system than taxes, because waste generators pay
based on the amount of waste they dispose of and the solid waste system
is structured to be self-sustaining.Furthermore,
with no fees charged for the delivery of recyclable materials to the County
system, there is a financial incentive for waste generators and Commercial
Waste Permit holders (e.g., Waste Collectors) to increase recycling to
lower their disposal costs.This
user fee system maximizes the opportunities for environmental benefits
from increased recycling and waste reduction activities, and all classes
of waste generators are equitably served when all classes deliver their
wastes to the County’s system.However,
fiscal inequity results when some classes of generators or a significant
number of waste generators or haulers do not participate in the system.
In addition, waste reduction and recycling benefits are lost when recyclable
materials are commingled with non-recyclable waste for disposal at out-of-system
facilities.
4.The
County finds that additional programs and improvements to the existing
system of public facilities are currently required and will be required
from time to time to implement the solid waste management program in the
future. These include, but are not limited to, the programs and improvements
listed below.
§The
County plans to continue to provide a local, publicly owned landfill that
will provide an environmentally sound disposal site to reliably meet the
needs of future generations of residents and other local generators of
solid waste.The double composite
liner system at the County landfill will need to be extended periodically
(e.g., approximately every 6 or 7 years), to continue to provide a local,
long-term, publicly owned and environmentally secure disposal site for
non-recyclable wastes generated by County residents, businesses and institutions.A
$2.1 million extension of the landfill liner system is under construction
in 2001.
§In
1994 and 1995, the County conducted a food waste composting pilot project.The
results of the pilot project indicated that the composting of food waste
is a viable means to reduce the amount of waste requiring landfilling.However,
a lack of funding has prevented the County from implementing a long-term
food waste composting program.
§In
1995 and 1996, the County evaluated the cost effectiveness of a recycling
program for a portion of the construction and demolition debris waste stream.The
results of that evaluation indicated that it would be more economical to
landfill construction and demolition debris.If
sufficient funds are available, the potential development of a construction
and demolition debris recycling program may be re-evaluated in the future.The
future development of a separate landfill solely for the disposal of construction
and demolition debris may also be pursued, to help extend the life of the
County’s double-lined landfill that is currently used for the disposal
of mixed municipal solid wastes including construction and demolition debris.
§The
County has been pursuing the beneficial use of landfill gas, such as to
generate electricity, since 1997, and a study is actively underway to examine
the feasibility of a landfill gas to energy project.If
a viable project can be established, the County intends to continue pursuing
an environmentally beneficial and cost effective use for landfill gas.
§The
County will continue to evaluate the feasibility of recycling additional
materials, as warranted by market and economic conditions.
5.The
County finds and declares that the integrated system developed pursuant
to the Solid Waste Management Plan has been and continues to be intended
to serve all of the waste generators in Madison Country in an environmentally
sound and reliable manner, for current and future generations. The system
is most effective in achieving its goals, both in terms of system administration
and equitable distribution of system costs, when all of the non-recyclable
waste generated in Madison County is directed to the public facilities
established for the system. As a result of recent judicial action in the
federal courts, legal uncertainty with respect to the power of municipal
governments to direct the flow of waste to public facilities has been resolved.
The County of Madison remains authorized by Chapter 369 of the Laws of
1991 of the State of New York to direct the flow of waste generated in
the County to facilities constructed for that purpose. The County hereby
declares it in the public interest to adopt the annexed legislation amending
Local Law Number 5 of 1991, requiring the delivery of all Commercial Waste,
Industrial Waste, Residential Waste and Construction and Demolition Debris
generated within the County to the County Landfill for disposal, in order
to include all such waste within the integrated system, for the long-term
benefit of all participants of the system.
SECTION
I.DEFINITIONS
a.Board
of Hearing
shall mean the board described in Section IV of this local law.
b.Board
of Supervisors
shall mean the duly elected County Board of Supervisors for Madison County,
New York.
c.Commercial
Waste
shall mean Solid Waste generated by stores, offices, institutions, restaurants,
warehouses, non-manufacturing activities in industrial facilities and agricultural
enterprises.
d.Commercial
Waste Permit
shall mean the permit issued pursuant to Section III.1 of this local law.
e.Committee
shall mean the Madison County Solid Waste and Recycling Committee, as established
by the Madison County Board of Supervisors.
f.Construction
and Demolition Debris
shall mean Solid Waste resulting from construction, remodeling, repair
and demolition of structures, roads, buildings and land clearing. Such
wastes include, but are not limited to, bricks, concrete and other masonry
materials, soil, rock, lumber, road spoils, paving material and tree and
bush stumps.
g.Contractor
shall mean any individual, association, partnership, firm, corporation,
not-for-profit organization, municipality, educational institution or any
other Person so deemed by the Department, engaged in the collection, pickup,
transfer, removal and/or disposal of Residential Waste, Commercial Waste,
Construction and Demolition Debris, Industrial Waste and/or Recyclables.
h.County
shall mean Madison County, New York, a municipal corporation of the State
of New York, with offices at Wampsville, New York.
i.County
Landfill
shall mean the Landfill owned and operated by the County and located at
Buyea Road, Town of Lincoln, New York, or any other landfill owned and/or
operated, or caused to be operated, by the County.
j.Department
shall mean the Madison County Department of Solid Waste and Sanitation,
or its successor.The Director of
the Madison County Department of Solid Waste and Sanitation, or his appointees,
is authorized to act on behalf of the Department and the Committee.
k.Designated
Recyclables
shall mean the following materials, as will be more specifically described
in guidelines established by and that may be modified from time to time
by the Department, and which shall be separated from the Solid Waste stream
for collection and/or delivery to a materials recovery facility or other
recycling facility, Transfer Station or Processor: newspapers, magazines,
catalogs, office paper, junk mail, phone books, corrugated cardboard, boxboard,
pizza boxes, clothing and other large fabric items, glass containers, metal
containers, and plastic food, beverage or soap containers with recycling
symbol #’s 1, 2, 3, 4, 5, 6 or 7 stamped on the container.The
list of Designated Recyclables may be modified from time to time by resolution
of the Board of Supervisors or by the Department acting in accordance with
policies and/or guidelines established by the Committee that have been
adopted, and that may be amended from time to time, by the Board of Supervisors.
l.Facility
shall mean any Solid Waste management facility or facilities owned and/or
operated, or caused to be operated by the County that accepts or disposes
of Solid Waste and/or Recyclables, including but not limited to landfills,
transfer stations, materials recovery facilities, drop off centers, and
resource recovery facilities.
m.Farm
shall have the meaning specified in 6 NYCRR Part 360 - 1.2 as the same
may be amended, suspended or replaced.
n.Hazardous
Waste
shall mean those materials, substances, or wastes including, but not limited
to, pesticides and containers used for pesticides, other waste which appears
on the list or satisfies characteristics of hazardous waste promulgated
by the New York State Commissioner of the Department of Environmental Conservation,
and any other material, determined now or in the future, to be hazardous
by State or Federal rule, regulation and/or statute.
o.Industrial
Waste
shall mean Solid Waste generated by manufacturing or industrial processes.
Such waste may include, but is not limited to, the following manufacturing
processes: electric power generation; fertilizer/agricultural chemicals;
inorganic chemicals; iron and steel manufacturing; leather and leather
products; nonferrous metals manufacturing/foundries; organic chemicals;
plastic and resins manufacturing; pulp and paper industry; rubber and miscellaneous
plastic products; stone, glass, clay and concrete products; textile manufacturing;
transportation equipment; and water treatment. This term does not include
oil or gas drilling, production, and treatment wastes (such as brines,
oil, and fluids); or overburden, spoil, or trailing resulting from mining;
or solution mining brine and insoluble component wastes.
p.Infectious
Waste
shall have the meaning specified in 6 NYCRR 360-1.2 as the same may be
amended, superseded or replaced.
q.Open
Dump
shall mean a Solid Waste disposal area which is not authorized to be operated
under applicable Federal and State laws and regulations.
r.Person or
Persons
shall mean any individual, company, partnership, association, firm, corporation,
municipality or any other entity.
s.Processor shall
mean a primary user of the particular material such as Recyclables, including
but not limited to glass factories, de-tinners, plastic recovery facilities,
paper mills or consolidators of such materials.
t.Prohibited
Materials
shall mean materials which shall not be accepted at the County Landfill;
provided, however, that the Board of Supervisors may accept certain Prohibited
Materials or designated components thereof at a Facility in the County
pursuant to rules and regulations (i) adopted by the Department and (ii)
approved by the Board of Supervisors. The following materials shall be
Prohibited Materials, and such list may be modified from time to time by
the Board of Supervisors.
|
i)
|
Septic
tank pumpings;
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|
ii)
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Liquid
wastes;
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iii)
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Pesticides
and chemicals;
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iv)
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Junked
vehicles;
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v)
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Explosives;
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vi)
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Hot
ashes;
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vii)
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Sealed
containers;
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viii)
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Hazardous
Waste;
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ix)
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Scrap
metal;
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x)
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Waste
oils;
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xi)
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Green
waste (including leaves, grass, brush, garden and lawn cuttings, woodchips,
tree limbs up to 3" wide);
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xii)
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Vehicular
tires;
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xiii)
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Vehicular
batteries;
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xiv)
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Infectious
Waste; and
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xv)
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Recyclables
and Designated Recyclables, except as otherwise determined by the Department.
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u.Recyclables
shall mean such material from Commercial Waste, Industrial Waste and Residential
Waste sources, including but not limited to “Designated Recyclables”, which
under any applicable law or regulation, is not Hazardous Waste and which
can be reasonably separated from the Solid Waste stream and held for its
material recycling or reuse value. If, as a result of a change in law or
any interpretation thereof by a court or governmental body of competent
jurisdiction, "Recyclables" are not considered a component of or generated
from "Solid Waste," "Recyclables" shall, for purposes of this local law,
nevertheless have the meaning specified in this definition. Also see the
definition of “Designated Recyclables” for a list of materials that the
County requires to be separated from the Solid Waste stream for collection
and/or delivery to a materials recovery facility or other recycling facility,
Transfer Station or Processor.
v.Refuse
shall mean putrescible and incidental non-putrescible Solid Waste including,
but not limited to, animal, vegetable and paper waste. Refuse originates
primarily in homes, businesses and restaurants, and has characteristics
similar to that of Solid Waste collected and disposed of as part of normal
residential and commercial collections in the County.
w.Resident shall
mean any individual who is a legal resident of the County or any individual
who is a temporary resident of the County.
x.Residential
Waste
shall mean Solid Waste generated from all houses, apartments and other
residential dwellings, including, but not limited to, all single family
dwellings and multifamily dwellings in the County.
y.Resident
Waste Permit
shall mean the permit issued pursuant to Section III.2 of this local law.
z.Solid
Waste
shall have the meaning specified in 6 NYCRR Part 360-1.2 as the same may
be amended, superseded or replaced.
aa.Special
Waste Permit
shall mean the permit issued pursuant to Section III.2 of this local law.
bb.State shall
mean the State of New York.
cc.Transfer
Station
shall mean a facility owned by the County for the consolidation of deliveries
made by individual Residents of Solid Waste and/or Recyclables, including
County yard waste composting facilities that may be co-located at such
Transfer Stations.The County’s four
Transfer Stations are located in the Towns of Cazenovia, Hamilton, and
Sullivan, and on the east side of Buyea Road in the Town of Lincoln.
dd.Waste
Collector
shall mean any individual, association, partnership, firm, corporation,
not-for-profit organization, municipality, educational institution or any
other Person so deemed by the Department engaged in the collection, pickup,
transfer, removal and/or disposal of Solid Waste and/or Recyclables.
SECTION
II.ADMINISTRATION
1.The
Department, or its successor, shall be primarily responsible for all ministerial
and administrative duties described or reasonably required by the terms
of this local law.
2.The
Department, or its successor, shall administer the program of registering
and permitting all Waste Collectors, Contractors and other Persons collecting,
transporting or disposing of Solid Waste and/or Recyclables generated within
the County. This includes the issuance, renewal, and revocation of all
permits described in this local law.
3.The
Department, or its successor, shall promulgate rules and regulations in
connection with the operation of the County Landfill or any other Facility.
4.The
Department, or its successors, shall issue warning notices and initiate
proceedings pursuant to Section IV of this local law to prosecute violations
of this local law.
5.The
Department, or its successor, may encourage and conduct studies, investigations
and research relating to various aspects of Solid Waste management as it
deems necessary or as requested by the Board of Supervisors or Committee.
SECTION
III - STANDARDS AND REGULATIONS
1.Commercial
Waste Permit Requirements
a.No
Waste Collector or Contractor shall collect, transport or dispose of Solid
Waste and/or Recyclables generated within the County without obtaining
a Commercial Waste Permit issued by the County.
b.All
applications for Commercial Waste Permits shall be in writing and shall
contain such information as requested by the Department, but at a minimum,
as set forth in this local law. Such applications shall include a list
that identifies all vehicles, and all containers with a capacity equal
to or greater than ten cubic yards, that the applicant intends to utilize
for the collection of Solid Waste and/or Recyclables in the County, along
with the cubic yard capacity for each vehicle or container.The
Department will assign an identification number for each vehicle and for
each container with a capacity equal to or greater than ten cubic yards.All
Commercial Waste Permit information shall be verified by the applicant
as required by this local law and the Department. The applicant shall file
with any application a Certificate of Insurance and shall pay the required
permit fee as set forth in this local law.
c.Each
applicant shall be required to pay a Commercial Waste Permit fee of fifty
dollars ($50.00) and a further fee of twenty dollars ($20.00) for each
additional truck or conveyance owned or used by the applicant.
d.The
Certificate of Insurance to be filed with the application shall be executed
by duly authorized and qualified representatives of an insurance company,
subject to verification and approval by the Department, evidencing that
said insurance company has issued liability and property damage insurance
policies covering the following:
i.All
operations of the applicant or any other person, firm or corporation employed
by him in collecting and/or transporting Solid Waste and/or Recyclables.
ii.The
disposal of such Solid Waste and/or Recyclables to and within the designated
and approved County Landfill and/or Facility.
iii.Protecting
the public and any person from injuries or damages sustained by reason
of collecting and/or transporting Solid Waste and/or Recyclables.
iv.The
certificate shall specifically evidence the following amounts of insurance
coverage which shall remain in effect for the term of the permit, and shall
provide that written notice shall be given to the Department thirty (30)
days prior to any change in the conditions of the certificate or any expiration
or cancellation thereof:
Public
Liability Insurance -
Per Person……………………100,000
Per Accident ..………….…….300,000
Property
Damage -
Per Accident…………..………50,000
e.Upon
receipt of the application and the proper Certificate(s) of Insurance and
the payment of the Commercial Waste Permit fee, the Department shall thereupon
issue the applicant a Commercial Waste Permit so long as the applicant
is otherwise deemed by the Department to be in compliance with this local
law and related requirements of the Department. A Commercial Waste Permit
shall expire on the next June 30 following the date of issue. Upon issuance
of the Commercial Waste Permit the permit holder shall affix the Commercial
Waste Permit to the inside rear bottom corner of the driver’s window in
each and every vehicle, on which shall be set forth clearly the official
number of such Commercial Waste Permit and/or the license plate number
of the vehicle to which the Commercial Waste Permit is affixed, and for
every container with a capacity equal to or greater than ten cubic yards
the permit holder shall affix its name along with the identification number
assigned by the County for each such container in permanent lettering that
is readily visible and a minimum of four inches in height, in a location
or locations specified by the Department.
f.Renewal
of Commercial Waste Permits shall be in the same manner and subject to
the same conditions as original Commercial Waste Permits, and also shall
be subject to any additional requirements in effect at the time of application
for renewal as specified by the Department, the Committee or the Board
of Supervisors.
g.Whenever
satisfactory proof, such as by means of an affidavit, is submitted to the
Department that a Commercial Waste Permit issued for the purpose set forth
in this local law has been lost or destroyed, the Department shall, upon
payment of five dollars ($5.00) by the applicant, issue a new Commercial
Waste Permit in lieu of the one that has been lost or destroyed.
h.No
Commercial Waste Permit issued pursuant to the provisions of this local
law shall be transferable.
i.The
Commercial Waste Permit holder hereunder shall furnish the Department with
a list identifying the municipalities within which collection services
are provided and detailing the number of residences, commercial establishments
or other generators of Solid Waste and/or Recyclables located in the County
and serviced by the applicant.The
identification numbers and cubic yard capacities of the vehicles, and of
the containers that have a capacity equal to or greater than ten cubic
yards, utilized in each collection area by the Commercial Waste Permit
holder shall be included on aforesaid list.This
list shall be prepared at a level of detail satisfactory to the Department
and shall be updated by the Commercial Waste Permit holder at the request
of the Department, but not more often than every three months.
j.The
Department, pursuant to Section IV of this local law, shall have the power
to suspend or revoke a Commercial Waste Permit granted or renewed pursuant
to this local law for any violation of any provision of this local law
or any applicable rule, regulation, code or ordinance relating to the collection,
handling, hauling or disposal of Solid Waste and/or Recyclables including,
but not limited to, those promulgated by the Department.
k.All
collection, transportation and/or disposal of Solid Waste and/or Recyclables
shall be in strict conformance with the rules and regulations prescribed
in this local law and as such rules and regulations may hereafter be amended
or supplemented by the Department.
l.All
vehicles used in the collection, transportation and/or disposal of Solid
Waste and/or Recyclables shall be maintained in a sanitary condition and
shall be constructed as to prevent leakage in transit. The body of the
vehicle shall be wholly enclosed or shall at all times be kept covered
with an adequate cover.The name
of the Commercial Waste Permit holder shall be readily visible on all vehicles,
and on all containers with a capacity equal to or greater than ten cubic
yards, utilized for the collection of Solid Waste and/or Recyclables generated
within the County, along with permanent and unique identification numbers
assigned by the Department for each vehicle and for each container with
a capacity equal to or greater than ten cubic yards.Operation
of vehicles shall be done in such a manner as to prevent spilling or loss
of contents.
m.Any
Commercial Waste Permit issued pursuant to this local law shall be in the
nature of a privilege subject to the terms and conditions set forth in
this local law and as amended or supplemented by the Department, and shall
not be deemed to create a property interest with respect to the Commercial
Waste Permit in the holder.
n.All
such Commercial Waste Permit requirements specified herein, including,
but not limited to, Commercial Waste Permit fees and insurance coverage
amounts, may be amended or adjusted from time to time by resolution of
the Board of Supervisors or by the Department acting in accordance with
policies and/or guidelines established by the Committee that have been
adopted, and that may be amended from time to time, by the Board of Supervisors.
2.Resident
Waste Permit and Special Waste Permit Requirements
a.Resident
individuals collecting, transporting or disposing of their own Solid Waste
and/or Recyclables at a Transfer Station will be required to obtain a Resident
Waste Permit from the Department’s office or at a Transfer Station. Such
permit shall be displayed on the rear window of the delivery vehicle and
shall be valid for the duration of the residence of such individual, or
ownership of such vehicle by such individual, whichever is shorter.
b.Resident
Waste Permits shall be available and are required for passenger cars, vans,
station wagons and pickup trucks (up to 1-ton capacity). All other vehicles
must be registered under the provisions applicable to a Commercial Waste
Permit or Special Waste Permit. The Department, at its sole discretion,
may require any vehicle, regardless of type or size, collecting and/or
transporting Solid Waste and/or Recyclables generated within the County
for compensation paid to the owner or operator, to comply with the provisions
applicable to a Commercial Waste Permit or Special Waste Permit.
-
Persons
and Contractors not holding Commercial Waste Permits may obtain a Special
Waste Permit for the collection, transportation and/or disposal of Solid
Waste generated within the County, other than Refuse generated within the
County, at the County Landfill. A Special Waste Permit must be obtained
from the Department for a fee of $10.00 per day, and such Persons or entity
shall pay pursuant to the tipping fee schedule set forth in this local
law. Additionally, at the time of issuance there shall be made a reasonable
deposit in an amount as shall be affixed at the discretion of the Department.
-
All
Resident Waste Permit and Special Waste Permit requirements specified herein,
including, but not limited to, Resident Waste Permit fees and Special Waste
Permit fees, may be amended or adjusted from time to time by resolution
of the Board of Supervisors or by the Department acting in accordance with
policies and/or guidelines established by the Committee that have been
adopted, and that may be amended from time to time, by the Board of Supervisors.
b.Solid
Waste generated outside the County will not be accepted at the County Landfill
or at any other Facility located in the County, except for combined loads
and/or except pursuant to a specific contract approved by the Board of
Supervisors. Combined loads containing Solid Waste from within the County
as well as from outside the County shall be subject to the requirements
set forth in Section III.3.a of this local law unless determined otherwise
by the Board of Supervisors or by the Department acting in accordance with
policies and/or guidelines established by the Committee that have been
adopted, and that may be amended from time to time, by the Board of Supervisors.
c.Anyone
entering the County Landfill or any other Facility to dispose of Solid
Waste must adhere to the rules and regulations as posted and must follow
the instructions of the attendant on duty.
d.All
Commercial Waste Permit holders and Special Waste Permit holders may dispose
of Solid Waste at the County Landfill. Commercial Waste Permit holders
and Special Waste Permit holders shall not dispose of any such Solid Waste
at any other Facility located in the County unless designated by the Department.
-
Nothing
within this local law shall be construed at any time to restrict the ability
of the Department to refuse to accept Hazardous Waste or other Prohibited
Materials at the County Landfill or any other Facility.
h.Except
as may otherwise be set forth in a disposal contract with the County, tipping
fees for Commercial Waste Permit holders and Special Waste Permit holders
shall be computed at the rate of $62.00 per ton, or in the event that weighing
scales at the County Landfill are for any reason not operable, at $15.50
per cubic yard of Solid Waste capacity of the delivery vehicle, except
that a delivery of less than half the load capacity will pay half the fee
computed on total capacity. The County’s attendant shall be the sole judge
of whether the load is less than half the vehicle’s capacity.
i.Commercial
Waste Permit holders and Special Waste Permit holders will be billed monthly
by the County. Such bills must be paid within thirty days of the mailing
of the fee statement. The minimum monthly tipping fee charge will be $5.00.
Pursuant to Section IV of this local law, failure to make payments when
due shall result in payment of a surcharge and/or suspension and/or revocation
of the Commercial Waste Permit or Special Waste Permit and will also result
in the accrual of interest on such past due amount at the rate of 1.5%
per month.
j.Tipping
fees for Resident Waste Permit holders shall be imposed by requiring such
Resident Waste Permit holder to present disposal punch cards in accordance
with the following schedule:
|
Volume
up to one 33 gallon can or the equivalent
|
1
Punch
|
|
Volume
up to 33 gallon bag
|
1
Punch
|
|
Pickup
truck up to 1-ton capacity (loose material, no greater than cab height)
|
30
Punches
|
BULK
WASTE AS FOLLOWS:
PUNCHES PER ITEM
|
Tires
(auto)
|
1
Punch
|
|
Tires
(truck)
|
2
Punches
|
| Easy
chairs, loungers, recliners, wooden chairs |
3
Punches
|
|
Sofas,
couches, sofa beds
|
6
Punches
|
| Tables
(all kinds) |
3
Punches
|
|
Mattress
|
4
Punches
|
|
Televisions
|
2
Punches
|
|
Waste
oil (for each 2 gallon)
|
1
Punch
|
|
Refrigeration
units
|
5
Punches
|
l.All
Solid Waste disposal requirements specified in this subsection, including,
but not limited to, tipping fees, disposal punch card costs, and disposal
punches per item amounts, may be amended or adjusted from time to time
by resolution of the Board of Supervisors or by the Department acting in
accordance with policies and/or guidelines established by the Committee
that have been adopted, and that may be amended from time to time, by the
Board of Supervisors.
4.Disposal
of Recyclables
a.No
Waste Collector, Contractor, or other Person shall dispose of Recyclables
at a Facility in the County without a Commercial Waste Permit, Resident
Waste Permit or Special Waste Permit.
b.All
Persons generating Solid Waste, and/or Waste Collectors and Contractors
collecting Solid Waste and/or Recyclables generated within the County,
must separate Designated Recyclables from the Solid Waste stream into such
categories and/or into such packages or containers as specified in this
local law or as designated and prescribed by the Department, and all Waste
Collectors, Contractors and Resident Waste Permit holders must ensure that
any such Designated Recyclables be delivered to a materials recovery facility
or other recycling facility, a Transfer Station or a Processor. The Department
will maintain an up-to-date list of Designated Recyclables, which may be
modified from time to time by resolution of the Board of Supervisors or
by the Department acting in accordance with policies and/or guidelines
established by the Committee that have been adopted, and that may be amended
from time to time, by the Board of Supervisors.
c.Solid
Waste and Recyclables generated within the County that are not included
in the up-to-date list of Designated Recyclables must be separately packaged
or contained in proper containers as specified in this local law or as
designated by the Department. If plastic bags are utilized for this purpose,
the bags must be clear plastic to facilitate viewing of their contents.
d.All
Waste Collectors and Contractors operating in the County must provide collection
services for both Solid Waste and Recyclables. Collection of Recyclables
may be performed on a less frequent basis than Solid Waste collection,
but in no case less frequent than twice a month.
e.Customers
of Waste Collectors or Contractors must be provided the option of hiring
full collection services for both Recyclables and Solid Waste, or for hiring
collection of Solid Waste only, and opting to deliver their own Recyclables
to a Transfer Station or recycling facility.
f.All
Waste Collectors and Contractors, and Persons other than individual Residents,
shall periodically, but no less frequently than annually, submit a report
to the Department indicating the types and quantities of Recyclables delivered
to a recycling facility or Processor for inclusion in data required by
the New York State Department of Environmental Conservation, in accordance
with reporting requirements established by the Department that it may modify
from time to time.
g.The
Department will maintain the Transfer Stations as Recyclable drop off stations
for use by Resident Waste Permit holders only. The Department reserves
the right to increase or decrease the number or relocate such Recyclable
drop off stations.
h.No
tipping fee or disposal charges will be imposed at any Facility located
in the County for the disposal of Designated Recyclables.
i.All
Recyclable disposal requirements specified in this subsection, including,
but not limited to, the imposition of tipping fees or disposal charges,
may be adjusted from time to time by resolution of the Board of Supervisors
or by the Department acting in accordance with policies and/or guidelines
established by the Committee that have been adopted, and that may be amended
from time to time, by the Board of Supervisors.
5.Littering
a.It
shall be unlawful for any person, whether acting as owner, lessee, agent,
tenant or otherwise, to throw, cast, deposit or place, or to cause, permit
to run, drop, remain or to be thrown, cast or deposited, scattered or spilled
by the wind, any Solid Waste, including as a passenger in, owner of, or
driver of any car, truck, automobile, boat, bicycle or any other vehicle,
in or on any public highway, street, alley, sidewalk, park, public building,
dumpster or other container owned, leased or otherwise controlled by another
person and for which public use is not authorized, or in any running water,
body of water, land adjoining any highway or street, or in or on any other
land, public or private in the County except at such places designated
or lawfully established by the New York State Department of Environmental
Conservation, the County Department of Health or the Department; provided,
however, that Solid Waste may be temporarily kept in reasonable quantities
in suitable cans, bags, vessels, tanks, dumpsters, and/or containers which
are watertight with tightly fitting covers, but only in such manner as
to prevent same from being scattered, dropped or spilled by the wind. Nothing
in this subsection shall be construed as to prohibit the depositing of
animal manure or fertilizers upon any property for the purpose of cultivation
or improvement.
b.There
shall be no Open Dumps in the County. This shall not be construed as to
prohibit disposal areas located within the property boundaries of a Farm
for Solid Waste generated from that Farm as otherwise permitted by law
except in cases creating a public health nuisance.
SECTION
IV - ENFORCEMENT
1.Civil
Sanctions
a.The
Department shall have the right to impose a surcharge and/or suspend or
revoke any Commercial Waste Permit, Resident Waste Permit, or Special Waste
Permit if the holder of such permit violates any of the provisions of this
local law or any rules, regulations or requirements of the Department that
may be adopted and modified from time to time in accordance with this local
law. Revocation, suspension or surcharge may only follow a written notice
of violation and, if demanded, a hearing as provided for in this local
law.
b.Upon
any violation of the provisions of this local law or any applicable rules,
regulations or requirements of the Department, the Department may serve
notice in person or by ordinary mail sent to the holder of any permit issued
pursuant to this local law, at the address set forth in the permit application
on file with the Department. Such notice shall state the Department’s intent
to revoke or suspend, and/or impose a surcharge upon the permit holder.
-
Any
holder of a Commercial Waste Permit, Resident Waste Permit, or Special
Waste Permit may demand a hearing as allowed by Section IV.1.a of this
local law, by serving upon the Department a written request for a hearing;
such request must be received by the Department within ten days of the
date of service of notice. Upon receipt of such demand, a hearing shall
be scheduled and held at the offices of the Department during regular business
hours.
i)
The Committee Chairperson
ii)
Two (2) members of the Committee as appointed by the Committee’s Chairperson.
Each
member of the Board of Hearing may designate an individual to serve in
his or her place and stead for such period as shall be reasonably necessary.The
Committee’s Chairperson may designate a third member of the Committee to
serve in the Chairperson’s place and stead, and upon such designation the
Board of Hearing may waive the Committee Chairperson’s attendance and participation.
f.Any
Person who violates any of the provisions of this local law or any applicable
rules, regulations or requirements of the Department may be required to
pay a surcharge not to exceed $500 for each violation. Such surcharge must
be paid in full before any permit issued pursuant to this local law can
be reinstated.
g.Each
day during which a violation continues shall be deemed to be a separate
violation.
2.Criminal
Sanctions
a.The
County Sheriff’s Department, New York State Police, New York State Department
of Environmental Conservation Officers and all local law enforcement agencies
shall be empowered to initiate proceedings against violators hereof in
the name of the County in addition to any other remedies available under
State or local law.
b.Any
Person violating the provisions of this local law or any applicable rules,
regulations or requirements of the Department shall be guilty of a violation,
which shall be punishable upon conviction by a fine of up to $500.00.Each
day during which a violation continues shall be deemed to be a separate
violation.
c.The
Court may also order a cleanup of the affected area and/or community service
in lieu of, or in addition to, a fine. Any fines shall be directed to be
payable to the County of Madison and shall be transmitted to the County
Treasurer.
d.Failure
to pay any fine may result in imprisonment as prescribed in Section 420.00
of the Criminal Procedure Law.
3.Enforcement
Guidelines
The
Department or Committee may establish and modify from time to time enforcement
guidelines that have been adopted, and that may be amended from time to
time, by the Board of Supervisors with regard to any provision of this
local law, including but not limited to enforcement guidelines for any
provision of this local law that has not been in effect prior to December
1, 2001.
SECTION
V - EFFECTIVE DATE
This
law shall take effect on February 1, 2002.
SECTION
VI - SEVERABILITY
If
any part of this local law, as originally enacted or as amended from time
to time, is found to be illegal, or its application to any Person or circumstance
is held invalid, the remainder and the application of its provisions to
Persons or circumstances other that those to which it is held invalid,
shall not be affected thereby and shall remain in full force and effect.