[HISTORY: Adopted by the Town Board of the
Town of Huntington 6-28-1994 as part of L.L. No. 5-1994[1]; amended in its entirety 4-7-1998 by L.L. No. 14-1998.
Subsequent amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
All solid waste that is normally disposed of by and collected
from residential, commercial, industrial, governmental or institutional
establishments, except that acceptable waste shall not include unacceptable
waste.
C-E Huntington Limited Partnership, a Delaware Corporation.
The Director of the Department of Environmental Waste Management
of the town.
[Amended 7-13-2021 by L.L. No. 35-2021]
The parallel generation agreement to be entered into by the
company and the Long Island Lighting Company and its successors and
assigns providing, inter alia, for the sale of electricity provided
by the facility.
The mass burn solid waste disposal resource recovery and
electricity generating facility, together with the maintenance garage,
administrative offices, materials recovery center and all additions,
replacements, appurtenant structures and equipment to be constructed
or installed on the site designated by the town pursuant to the service
agreement, located at or near 99 Town Line Road in East Northport
in the town.
Any wastes which, according to any applicable law from time
to time in effect, are defined or classified as "hazardous" or as
requiring special handling in their collection, storage, treatment
or disposal, including those described in NYCRR Title 6, §§ 371.3
- 371.4, including but not limited to cleaning fluids, crankcase oils,
acids, caustics, poisons, explosives and substances of similar nature.
All putrescible and nonputrescible solid wastes (except body
wastes), including but not limited to garbage, rubbish, ashes, rubble
and vegetation.
A solid waste management resource recovery facility which
receives and processes solid waste and recovers either energy or salable
by-products, or both.
The solid waste disposal service agreement, dated as of June
29, 1989, between the town and the company, with respect to the delivery
of acceptable waste by the town and the processing thereof by the
company at the facility and the design, construction, operation, management
and maintenance of the facility by the company, as such service agreement
may be extended, amended, modified or supplemented.
All putrescible and nonputrescible materials or substances
discarded or rejected as being spent, useless, worthless or in excess
to the owners at the time of such discharge or rejection, including
but not limited to refuse, industrial and commercial waste, sludges
from air or water control facilities, tires, contained gaseous material,
construction and demolition material and recyclable items, but not
including sewage and other highly diluted water-carried materials
or substances and those in noncontainerized gaseous form.
The Town of Huntington, Suffolk County, New York.
The duly elected and constituted legislative body of the
town.
Hazardous waste; dirt, concrete and other noncombustible
construction material and demolition debris; refrigerators, washing
machines and similar white goods; large items of machinery and equipment,
such as motor vehicles and major components thereof (e.g., transmissions,
springs and fenders), agricultural equipment, trailers and marine
vessels or any other item of waste exceeding four feet in any one
of its dimensions; and liquid waste, large amounts of plastics disposed
of as waste, explosives, ordnance materials, oil, sludges, tires and
other materials the acceptance of which is likely to constitute a
threat to health and safety or adversely affect the operation of any
facility designated by the Town Board for the disposal of acceptable
waste or cause the violation of any applicable law or permit for such
facility, unless such unacceptable waste is delivered in minimal quantities
and concentrations as part of normal collections.
A.
The intent and purpose of this chapter is to provide
for the exercise of sound management, on a town-wide basis, of all
solid waste generated within or brought into the Town of Huntington
and to authorize the supervision and regulation of the collection,
transportation and disposition of all or part of any such solid waste
so that the same is delivered to such solid waste management facility
as may be designated by the Town Board or its designee from time to
time for the processing or for other disposition or handling of one
or more components of solid waste.
B.
It is hereby found that, in the exercise of control
over the collection, transportation and disposal of solid waste, the
town is exercising essential and proper governmental functions in
accordance with the express policy of the State of New York and that
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 Board hereby designates the Director of the Department of Environmental Waste Management, or by contract with a public or private corporation, partnership or authority, to be responsible for the supervision and regulation of the transportation, disposition and collection of all or part of any solid waste located within the town. In the performance of these duties, the Director shall be guided by the standards and requirements set forth in this chapter, as well as Chapter 117, Garbage, Rubbish and Refuse Disposal, of the Code of the Town of Huntington, as it may be amended or supplemented from time to time, which Chapter 117 is incorporated herein and made a part hereof as though fully set forth herein. The Director shall be responsible for and shall supervise the town's activities in connection with the facility and the service agreement and shall report to the Town Board with respect thereto.
A.
The removal, transportation and/or disposal of solid waste within or generated within the town shall be exclusively disposed of, controlled and regulated by the town under this chapter, together with the rules and regulations as the town has or shall from time to time adopt, and such solid waste shall be removed, transported and/or disposed of only by municipal collectors employed by a refuse and garbage district in the town, private refuse collectors licensed pursuant to the requirements of Chapter 117 of the Code of the Town of Huntington, and the amendments thereto, or by generators of such solid waste. All other persons are hereby prohibited therefrom except as may be provided for herein or the rules and regulations adopted pursuant to this chapter.
B.
The exclusive disposal, collection, transportation, delivery, storage and processing of all acceptable waste generated within the town shall be made at the facility or such other places as designated by the Director under his or her supervision. All acceptable waste delivered to the facility shall be processed and disposed of or sold as provided for in the service agreement, and all energy generated at the facility shall be sold or used in accordance with the service agreement and the electricity purchase agreement or at such other place or places or in such a manner as the town, through the Director, may direct consistent with this chapter. Acceptable waste disposed of at the facility shall be disposed of upon the payment of disposal fees as may from time to time be established by the Town Board as provided by § 195-6.
C.
It shall be unlawful to dispose of any garbage, rubbish,
ashes or refuse collected within the town at any location other than
a location or locations designated for that purpose by the town.
D.
It shall be unlawful to dispose of or attempt to dispose
of within the town rubbish, garbage, ashes, refuse or wastes of any
kind collected outside the territorial limits of the town at any location
other than a location or locations designated for that purpose by
the town.
A.
Legislative findings. The Town Board finds that increased
efforts to recover and reuse recyclable materials will protect and
enhance the town's physical environment, promote the health, welfare
and safety of persons and property within the town, facilitate the
implementation and operation of an environmentally sound solid waste
management program and conserve natural resources. Accordingly, the
Town Board finds it is necessary to expand the mandatory recycling
program to provide opportunities for commercial, industrial and institutional
establishments to recycle.
B.
Declaration of policy. It is hereby declared that the policy of the town is to reduce environmental pollution by disposing of solid waste generated within the town in the most economical and environmentally acceptable manner by promoting the recovery of materials from the town's solid waste stream for the purpose of recycling such materials by source separation, as provided in § 117-23 and § 117-24. This chapter shall be liberally construed in order to effectuate the purposes set forth in this section.
The town is required to perform its obligations
with respect to the facility pursuant to the terms of the service
agreement. The Town Board shall, upon at least five days' notice and
after a public hearing, establish and/or amend disposal fees to be
charged at the facility and/or any transfer station or disposition
site operated or under contract or lease by the town. The Town Board
may also include and establish, from time to time, as appropriate,
either as part of the budget and appropriations process on behalf
of refuse and garbage districts within the town or within its own
town budget and appropriations process as a general town expense,
such user fees, service charges and taxes to be charged and levied
against several classes of sources of solid waste, including residential,
public, commercial and industrial, as may be necessary to fulfill
all of the town's obligations under the service agreement for the
facility.
Nothing contained in this chapter shall be deemed
nor interpreted to prohibit any municipality wholly or in part within
the town from engaging in the collection or transportation of solid
waste which is acceptable waste to the facility or otherwise as may
be designated by the Director and in accordance with the service agreement;
provided, however, that all acceptable waste so collected and transported
and all acceptable waste generated in such municipalities shall be
exclusively delivered to the facility or otherwise as may be designated
by the town and/or in accordance with the service agreement, all as
provided for herein.
No unacceptable waste shall be delivered to the facility by any person, including, without limitation, by any licensed refuse collector, municipality or refuse and garbage district. Failure to comply with the provisions of this section shall be subject to the penalties provided in § 195-10B.
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 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 thereunder
and any amendments thereto shall be filed in the office of the Town
Clerk upon adoption and shall be effective as provided therein.
[Amended 11-6-2019 by L.L. No. 56-2019]
(A)
Except as provided in § 195-10(B) or (C) below, any person or entity committing an offense against any provision of this chapter shall upon conviction, be subject to a fine of not less than $1,000 and not more than $10,000 or by imprisonment for a period not exceeding 15 days for each offense, or by both fine and imprisonment, and each day that such violation is permitted to continue shall constitute a separate offense hereunder.
(B)
Any person or entity committing an offense against § 195-8 shall upon conviction, be subject to a fine of not less than $1,000 and not more than $10,000; provided, however, that any violation of § 195-8 that results in an expense of cleanup, repair or disposal to the town shall be punishable by a fine within the applicable range plus the cost of cleanup, repair and disposal of the hazardous waste or unacceptable waste causing such violation. A violation of § 195-8 shall be punishable, after notice and hearing by the Town Board or its designee, by a suspension of license issued under the provisions of Chapter 117 of the Code of the Town of Huntington for a period of 15 days, and a second violation of § 195-8 within one year of the date of a first violation shall be punishable, after notice and hearing by the Town Board or its designee, by a revocation of license issued under the provisions of Chapter 117 of the Code of the Town of Huntington.
(C)
Any person or entity committing a violation of § 195-4C or D shall upon conviction be guilty of a misdemeanor punishable by a fine of not less than $2,500 nor more than $10,000 and/or imprisonment of not less than 15 days or more than one year shall be imposed. Any violation of this section may result, after notice and hearing by the Town Board or its designee, in a revocation of license issued under the provisions of Chapter 117 of the Code of the Town Huntington and/or, after notice and hearing by the Town Board or its designee, in a revocation of any special exception permits issued by the Town Board.
(D)
Any person or entity found by the Bureau of Administrative Adjudication
to have violated this chapter shall likewise be subject to a monetary
penalty within the range of fines authorized in subdivisions (A),
(B) and (C) for the respective violations referenced therein for any
offense or continuing offense.
A.
By a vehicle's entry into a designated resource recovery
facility, the owner and operator of that vehicle shall be deemed to
consent to the searches and seizures hereinafter provided.
B.
Any vehicle which enters a designated resource recovery facility may be searched and its contents examined by town employees to determine compliance with the prohibitions against unacceptable waste as set forth in § 195-8.
C.
Any police or peace officer or any authorized employee or agent of the town shall have the power to seize without a warrant, for conservation, health, safety or evidentiary purposes, any item he or she has cause to believe is either unacceptable waste which has been or is being possessed or disposed of in violation of § 195-8 or solid waste collected within the town which has been or is being possessed or disposed of in violation of § 195-4C. An item seized under this subsection shall be disposed of as deemed appropriate by the Director.
D.
Any police or peace officer or any authorized employee or agent of the town shall have the power to seize without a warrant, for conservation, health, safety or evidentiary purposes, any vehicle he or she has cause to believe has been or is being knowingly used in violation of § 195-4C or § 195-8. A seized vehicle may be forfeited as hereinafter provided.
E.
The seized vehicle shall be delivered by the police
or peace officer or authorized employee or agent of the town having
made the seizure to the custody of the Town Attorney, together with
a report of all the facts and circumstances of the seizure, as soon
as practical under the circumstances.
F.
It shall be the duty of the Town Attorney to inquire into the facts of the seizure so reported to him and, if it appears probable that a forfeiture has been incurred by reason of a violation of § 195-4C or § 195-8, for the determination of which the institution of proceedings in the Supreme Court is necessary, to cause the proper proceedings to be commenced, at any time within 30 days from the date of seizure, to declare such forfeiture unless, upon inquiry and examination, the Town Attorney decides that such proceedings cannot probably be sustained or that the ends of public justice do not require that they should be instituted or prosecuted, in which case, the Town Attorney shall cause the seized vehicle to be returned to the owner thereof. The Town Attorney shall make this determination within one business day after the delivery of the vehicle to his custody.
G.
Notice of the institution of the forfeiture proceeding
shall be served personally on the owner of the seized vehicle or by
registered mail to the owner's last known address and by publication
of the notice once a week for two consecutive weeks in a newspaper
published or circulated in the town.
H.
Forfeiture shall not occur where the owner of the seized vehicle establishes by preponderance of the evidence that the use of said vehicle in violation of § 195-4C or § 195-8 was not intentional on the part of the owner or that the seized vehicle was used in violation of § 195-4C or § 195-8 by any person other than the owner thereof while such vehicle was unlawfully in the possession of a person who acquired possession thereof in violation of the criminal laws of the United States or any state.
I.
The Town Attorney having custody of the seized vehicle,
after such judicial determination of forfeiture, shall, at his discretion,
retain such forfeited property for the official use of the town or,
by a public notice of at least five days, sell such property at public
sale. The net proceeds of such sale, after deduction of lawful expenses
and costs incurred by the town, shall be paid into the general fund
of the town.
J.
Whenever any person interested in any property which is seized and declared forfeited under the provisions of this section files with a Justice of the Supreme Court a petition for the recovery of such forfeited property, the Justice of the Supreme Court may restore said property upon such terms and conditions as he or she deems reasonable and just, if the petitioner establishes either of the affirmative defenses set forth in Subsection H of this section and that the petitioner was without personal or actual knowledge of the forfeiture proceedings. If the petition is filed after the sale of the forfeited property, any judgment in favor of the petitioner shall be limited to the net proceeds of such sale after deduction of the lawful expenses and costs incurred by the town.
K.
No suit or action under this section for wrongful
seizure shall be instituted unless such suit or action is commenced
within two years of the date of seizure.
If any section, provision or part thereof in
this chapter shall be adjudged invalid or unconstitutional by a court
of competent jurisdiction, then such adjudication shall not affect
the validity of the chapter as a whole or any section, provision or
part thereof not so adjudged invalid and unconstitutional.
This local law shall take effect immediately
upon filing in the office of the Secretary of the State of New York.
