A. 
The intent and purpose of this chapter is to provide for the management, on a Town-wide basis, of solid waste and to authorize the supervision of the transportation, disposition and collection of solid waste.
B. 
The management of solid waste is a fundamental municipal function of Town government. The powers and duties enumerated in this chapter constitute proper Town purposes intended to benefit and protect the safety, health and well-being of persons and property in the Town as provided for in the New York State Constitution and as required by federal and state statutes and regulations mandating the phasing out of the practice of landfilling raw garbage, with resource recovery as the preferred alternative of disposing of solid waste; encouraging waste reduction, reuse and recycling of solid waste; and directing the Town to develop a comprehensive, integrated and balanced solid waste management program.
C. 
The powers and duties enumerated in this chapter constitute proper Town purposes intended to benefit the health, welfare and safety of Town residents. The Town is exercising essential and proper governmental functions in accordance with the clearly articulated and affirmatively expressed policy of the State of New York.
The Solid Waste Administrator shall be responsible for the management and supervision of the transportation, disposition and collection of solid waste. In the performance of these duties, the Solid Waste Administrator shall be governed by the standards and requirements set forth in this chapter.
A. 
The removal, transportation and/or disposal of solid waste shall be managed, supervised and/or performed by the Town or its agent(s) under this chapter, together with such rules and regulations as the Town has or shall from time to time adopt. Such solid waste generated within the Town shall be removed, transported and/or disposed of only by refuse collectors licensed pursuant to the requirements of this chapter and the amendments thereto or as permitted by the terms of any agreement with the Town. All other persons are hereby prohibited therefrom except as may be provided for herein or in the rules and regulations adopted pursuant to this chapter. Such chapter shall provide for the means of monitoring and supervising the conduct of licensees and the enforcement of the provisions of this chapter.
B. 
No person shall enter the Babylon resource recovery facility through other than a designated entrance or without proper payment of the appropriate fee.
A. 
The Town is obligated to perform, with respect to the Babylon resource recovery facility and the recycling facility, pursuant to the terms of the service agreements. The Supervisor shall have the authority to establish and/or amend disposal fees to be charged at the Babylon resource recovery facility and/or any recycling facility, transfer station or disposition site operated or under contract or lease by the Town, based on prevailing market conditions for the disposal of waste in surrounding Towns. The rate established on a per-ton basis must be no less than the estimated per-ton amount required to fulfill all of the Town's obligations under the service agreement for the Babylon resource recovery facility and the recycling facility.
B. 
The Town Board, upon five days' notice and after a public hearing, shall establish a solid waste generation fee to be imposed on improved property (which is not residential) reasonably expected to generate solid waste. Such fee shall be computed and charged to such property owner based on a formula established by the Town Comptroller.
Nothing contained in this chapter shall be deemed nor interpreted to prohibit any municipality located wholly or in part within the Town from engaging in the removal of recyclables or in the collection or transportation of solid waste.
No hazardous waste or unacceptable waste shall be delivered to the Babylon resource recovery facility or the recycling facility by any person, including, without limitation, any licensed refuse collector or any municipality. Failure to comply with the provisions of this section shall be subject to the provisions with respect to such penalties and enforcement, including the suspension or revocation of licenses and the imposition of fines, in accordance with the provisions of this chapter and the amendments thereto.
The Town Board may, after a public hearing, adopt such rules and regulations as may be necessary to effectuate the purposes of this chapter. At least seven business days prior, notice of such public hearing shall be published in the official newspaper of the Town. A copy of all rules and regulations promulgated hereunder and any amendments thereto shall be filed in the office of the Town Clerk upon adoption and shall be effective as provided therein.