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LOCAL
LAW NO. 1 1984 A
LOCAL LAW PROVIDING FOR THE MANAGEMENT OF
SOLID WASTE GENERATED WITHIN THE COUNTY
OF DUTCHESS
BE
IT ENACTED by the Legislature of the County of Dutchess as follows: SECTION 1.
Short Title. This local law shall
be known and may be cited as the solid waste management law.
SECTION 2.
Purposes. This local law is
adopted pursuant to Chapter 675 of the Laws of 1982 of the State of New York
for the purpose of (1) effectuating the management on a county-wide basis of
all solid waste generated within or coming into from outside of the County of
Dutchess in order to protect the public health and safety and to improve the
environment by control of air, water and land pollution, and (2) carrying out
the expressed policy of the State to displace competition with regulation or
monopoly public service. SECTION 3.
Definitions. As used or
referred to in this local law, unless the context otherwise requires:
2. "Commissioner of
Solid Waste Management" shall mean the Commissioner of Solid Waste
Management of the County of Dutchess.
3. "County of Dutchess"
shall mean the entire County of Dutchess as constituted and existing under
the Laws of the State of New York.
4. "Disposal of
Solid Waste" shall mean the transporting or delivery of solid waste to a
solid waste facility.
5. "Municipality"
shall mean any county, city, town, village, improvement district (or a
county, city, town or village acting on behalf of an improvement district),
public corporation, municipal corporation, political subdivision, government
agency, department or bureau of the state or federal government.
6. "Person"
shall mean any natural person, individual, partnership, co-partnership,
association, joint venture, corporation form, trust, estate or any other
legal entity inclusive of a "municipality."
7. "Solid
Waste" shall mean all materials or substances discarded or rejected
within the County of Dutchess as being spent, useless, worthless, or in
excess to the owners at the time of such discard or rejection, including, but
not limited to garbage, refuse, industrial and commercial 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, special nuclear or by-product material within the meaning of
the United States Atomic Energy Act of 1954, as amended, and waste which
appears on the list of hazardous waste promulgated by the Commissioner of
Environmental Conservation pursuant to Section 27-0903 of the Environmental
Conservation Law of the State of New York.
8. "Solid Waste
Management-Resource Recovery Facility" shall mean any facility, plant,
works, system, building, structure, improvement, machinery, equipment,
fixture or other real or personal property which is to be used, occupied or
employed for the collecting, 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, baling facilities, rail haul or maritime
facilities, collection vehicles, processing systems, resource recovery
facilities, steam and electric generating and transmission facilities,
including auxiliary facilities to supplement or temporarily replace such
generating facilities, steam distribution facilities, sanitary landfills,
plants and facilities for compacting, composting or pyrolization of solid
wastes, incinerators and other solid waste disposal, reduction or conversion
facilities and resource recovery equipment and disposal equipment as defined
in subdivisions four and five of Section 51-0903 of the Environmental
Conservation Law of the State of New York. SECTION 4.
Disposal of Solid Waste. The
Commissioner of Solid Waste Management is hereby authorized and directed to
designate in writing, from time to time, one or more solid waste
management-resource recovery facilities to be used for the disposal of solid
waste generated within the County of Dutchess, which designation may include
a determination that a particular solid waste management-resource recovery
facility shall be the only facility used for the disposal of solid waste
generated within all of, or a described area within, the County of Dutchess
or by a particular person or persons. In making any such designation
the Commissioner of Solid Waste Management shall give due consideration to
the capacity of any facility so designated, the size and population of the
area or person or persons to be served and such other factors as shall enable
the Commissioner of Solid Waste Management to determine that the public
interest is served by such designation. No person shall dispose of
solid waste generated within or coming into from outside of the County of
Dutchess, except at a solid waste management-resource recovery facility
designated by the Commissioner of Solid Waste Management in accordance with
this Section. The Commissioner of Solid Waste Management is hereby
authorized and directed to promulgate such rules and regulations as he shall
determine to be necessary to effectuate the purposes of this local law,
including the requirement that all private haulers of solid waste be licensed
by the Commissioner of Solid Waste Management. All acts and
proceedings taken by the Commissioner of Solid Waste Management pursuant to
this local law shall, in all respects, be consistent with the Environmental
Conservation Law and other applicable laws and rules and regulations
promulgated pursuant thereto. SECTION 5.
Enforcement.
It shall be the responsibility of the Commissioner of Solid Waste Management,
in consultation with the County Attorney, to enforce the provisions of this
local law and all rules, regulations and designations made pursuant
thereto. Such enforcement shall be by such legal or equitable
proceedings, including without limitation a proceeding for specific
performance, brought in the name of the County of Dutchess as may be provided
or authorized by law. SECTION 6.
Penalties.
Any person who violates this local law shall be guilty of an offense and
subject to a fine of not more than Five Hundred Dollars ($500.00) and/or
imprisonment for not more than fifteen (15) days and/or suspension or
revocation of collecting, receiving, transporting and/or disposing privileges
in conjunction with solid waste within the County of Dutchess. Each and
every act of disposal committed which is prohibited by Section 4 hereof shall
constitute a separate violation of this local law. SECTION 7.
Priority.
Pursuant to Section 1 of Chapter 675 of the Laws of 1982 of the State of New
York, this local law takes precedence over and shall supercede any inconsistent
provisions of any local law enacted by any municipality within the County of
Dutchess. SECTION 8.
Separability.
If any section, provision, or part thereof, in this local law, or the
application thereof to any person or circumstances, is adjudged invalid or
unconstitutional by a court of competent jurisdiction, then such adjudication
shall not affect the validity of the remainder of the local law or the
validity of the local law as a whole or any sections, provisions, or part
thereof, not so adjudged invalid or unconstitutional and the application of
the local law or any section, provision or part thereof, to other persons or
circumstances shall not be affected by said adjudication. SECTION 9. Effective Date. This local law shall take effect immediately.
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