[Adopted by the Board of Representatives
(now County Legislature) 2-2-1993 by L.L. No. 1-1993]
This article shall be known as the "Annual Solid
Waste Fee Local Law."
The Legislature of Tompkins County finds that:
A.
The New York State Solid Waste Management Plan (the
"Plan") and the Solid Waste Management Act of 1988 (the "1988 Act")
mandates that the amount of solid waste generated and disposed of
in New York State be managed through the establishment of programs
to reduce the amount of waste being produced and to then further reduce
the amount of waste needing disposal by recycling and reusing the
elements of the waste stream that can feasibly be so recovered.
B.
The Plan and 1988 Act also charge the county, as the
designated planning unit, with the responsibility to comprehensively
plan the long-term solid waste management and disposal needs of the
residents of the county and to then arrange for and supervise the
implementation of such local solid waste management plan.
C.
The Plan and 1988 Act further require that landfills
that do not meet modern state-of-the-art standards for environmentally
safe landfills be closed and then monitored so as to reduce the potential
that such older facilities might harm the environment.
D.
The county has undertaken a number of programs pursuant
to the mandates of the Plan and 1988 Act, which provide services to
the residents of the county and serve to implement the proposed local
solid waste management plan, including but not limited to recycling
programs for the collection, processing, transporting and marketing
of recyclable materials; the closing and monitoring of the Caswell
and Hillview Road Landfills, in accordance with directives of the
Department of Environmental Conservation ("DEC"); the investigation
and initial planning of a new landfill; the development of a recycling
and solid waste center to process recyclable materials and municipal
solid waste generated by county residents; the operation of a transfer
station and the transportation and disposal of solid waste generated
by county residents; and the educational and administrative services
attendant to these services and facilities.
E.
The County Legislature has determined as a matter
of public policy that the cost of providing such services should be
borne by the generators of solid waste and recyclable materials, who
are the users of the services and facilities being provided.
F.
The county has further determined that funding the
services and facilities by charges of tipping or gate fees at the
county's transfer facility will raise these tipping or gate fees to
unacceptable levels.
This article is enacted pursuant to the laws
of the State of New York, including Municipal Home Rule Law § 10(1)(ii)(a)(9-a)
and County Law § 226-b, to: institute a plan to charge users
of recycling, solid waste and related services and facilities provided
by the county, a fee for the use of such services and facilities,
which fees shall cover the cost of the services being provided, and
which fees shall be charged on an equitable basis, related to the
level of recycling and solid waste services available to the class
of users.
A.
BILLING UNIT OR UNITS
COUNTY
COUNTY ADMINISTRATOR
COUNTY LEGISLATURE
FEE STATUS DATE
RATE SCHEDULE
RECYCLABLES or RECYCLABLE MATERIALS
SOLID WASTE
SOLID WASTE FEE ROLL
UNIT CHARGE
As used in this article, the following terms shall
have the meanings indicated:
Refers to the number assigned to each parcel of real property pursuant to § 114-6 below and shall provide the basis for determining the fee charged.
The County of Tompkins.
The County Administrator of Tompkins County as set forth
in the Tompkins County Charter and Code.
The Tompkins County Legislature.
March 1 for each subsequent fiscal year.
[Amended 3-1-1994 by L.L. No. 1-1994]
Refers to the schedule adopted by the County Legislature pursuant to § 114-5B, establishing classes and formulas for determining billing units for parcels of improved real property.
Materials that would otherwise be solid waste, and which
can be collected, separated, and/or processed, treated, reclaimed,
used or reused so that their component materials or substances can
be beneficially used or reused.
All putrescible and nonputrescible solid waste materials
generated or originated within the county, including but not limited
to materials or substances discarded or rejected, whether as being
spent, useless, worthless, or in excess to the owners at the time
of such discard or rejection or for any other reason; or being accumulated,
stored, or physically, chemically or biologically treated prior to
being discarded or rejected, having served their intended use; or
a manufacturing by-product, including but not limited to garbage,
refuse, waste materials resulting from industrial, commercial, community,
and agricultural activities, sludge 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, or
hazardous waste as defined in the law.
Refers to the listing of all parcels in the county, including
the assignment of billing units to each parcel.
The dollar amount established by the County Legislature pursuant to § 114-5 below, as the annual solid waste fee charged for one billing unit.
B.
In the event that any date herein falls on a Saturday,
Sunday or legal holiday, then the applicable date shall be the next
succeeding date that is not a Saturday, Sunday or legal holiday.
A.
The annual solid waste fee shall be charged to all
owners of improved real property located within the county, as the
owners and users of such property are deemed to generate solid waste
or recyclable materials and are therefore users of county's solid
waste and/or recycling facilities and services.
B.
The annual solid waste fee shall be an annual fee
covering the period from January 1 through December 31.
C.
The Legislature shall establish by resolution a rate
schedule of classifications and formulas for determining the billing
units assigned to all parcels based upon the use of the real property.
The classification of parcels and the formulas for determining the
billing units assigned to each class shall be based on the level of
services available to such class, which shall be determined by the
Legislature at its sole discretion. Information regarding the use
of each parcel and property measurements shall be based upon the county's
records for the assessment of property values. These records shall
be used as the basis for purposes of calculating billing units under
this article. The Legislature may amend the rate schedule from time
to time by resolution, to add, delete or change classes of parcels
on the solid waste fee roll or to change the method for calculating
the number of billing units of a specific class.
D.
On or before December 10 of each year, the Legislature
shall by resolution establish the unit charge to be applied for the
following fiscal year in calculating the annual solid waste fee to
be charged.
E.
The annual solid waste fee shall be charged to the owner of each parcel of real property in accordance with this article, based upon the number of billing units assigned to such parcel (as set forth in § 114-6 below) times the unit charge set for the year.
F.
A fifty-percent exemption from the annual solid waste
fee shall be allowed for all senior citizens who also qualify for
the senior citizen partial exemption from real property taxes.
A.
Each parcel of improved real property situated in
the county shall be assigned to a class of parcels as set forth in
the rate schedule, based upon the use of the parcel as of the fee
status date.
B.
The County Administrator shall make a reasonable effort
to ascertain the name of the owner, last known owner or reputed owner
and the use of the parcel as of the fee status date. The County Administrator
shall prepare a solid waste fee roll listing each parcel in the county,
its owner, its class as a parcel on the rate schedule, and the number
of billing units assigned to it.
C.
The County Administrator shall complete the tentative
solid waste fee roll on or about May 1 and shall file a copy with
the County Division of Solid Waste and the Division of Budget and
Finance. The County Administrator shall forthwith cause a notice of
such filing to be published once in the official newspaper of the
county on or about May 8. The notice shall state that a tentative
solid waste fee roll has been completed; that a copy has been filed
with the County Division of Solid Waste and the Division of Budget
and Finance and may be examined by any person during regular business
hours until the third Tuesday in May; and that an appeal must be filed
with the County Administrator c/o the Solid Waste Manager on or before
June 1. Such notice shall also state the date, time and place of the
meeting or meetings of the Appeals Board.
[Amended 3-1-1994 by L.L. No. 1-1994]
D.
Within seven business days following the filing of
the tentative solid waste fee roll, the County Administrator shall
mail to each owner of real property for which a change from the previous
year has been made, a notice setting forth any reclassification of
such parcel on the solid waste fee roll or any change in the number
of billing units assigned to a parcel. Such notice shall also state
that an appeal must be filed with the County Administrator on or before
June 1. Such notice shall also state the date, time and place of the
meeting or meetings of the Appeals Board. Failure to mail such notice
or failure of the owner to receive the notice shall not prevent the
charging, collection and enforcement of the annual solid waste fee
against the owner and property.
E.
Appeals with respect to the classification of a parcel,
or property measurements (e.g. square footage, number of living units,
etc.) may be filed with the County Administrator on or before June
1. Complainants shall file a statement under oath, specifying the
parcel of property, why the assigned classification or measurement
is erroneous or illegal, what the complainant believes is the correct
classification or measurement, and a brief description of the facts
supporting the claim. The statement must be made by the owner of the
parcel in question or by some other person authorized by the owner
to make the statement who has knowledge of the facts stated therein.
F.
The Appeals Board shall meet to hear appeals on specified
dates between June 1 and June 15. The Appeals Board shall consider
all complaints filed with them, whether or not the complainant appears
in person before the Appeals Board. Any complainant appearing before
the Appeals Board may be represented by counsel and may offer evidence
in support of the claim. The Appeals Board shall render a written
decision on each complaint, determining the correct classification,
property measurement and/or number of billing units of said parcel,
and shall mail such decision to the complainant on or before July
1, setting forth the basis for the determination.
G.
The County Administrator shall complete the solid
waste fee roll, including the determinations of the Appeals Board,
and file such completed roll with the County Division of Solid Waste
and the Division of Budget and Finance on or about July 1. When the
completed roll has been filed, the County Administrator shall forthwith
cause a notice to be published in the official newspaper of the county,
stating that the solid waste fee roll has been completed and filed
with the County Division of Solid Waste and the Division of Budget
and Finance.
[Amended 3-1-1994 by L.L. No. 1-1994]
H.
For purposes of this article, the Appeals Board shall
consist of three persons, appointed by the County Legislature, who
shall not be elected or appointed officials of Tompkins or of any
local municipality within Tompkins County. Each member of the Appeals
Board shall serve for specified terms to be determined by the County
Legislature.
Each owner of property is hereby required to
provide the county written notice of any change in use of the parcel
that could result in a change in the classification and/or the number
of billing units assigned to the parcel. Such notice shall be in the
form prescribed by the county, and given within 30 days of the change
in property use.
[Amended 12-7-1993 by L.L. No. 5-1993; 9-6-1994 by L.L. No. 5-1994]
A.
The county shall mail on or about January 2 to each
owner of real property an invoice for the annual solid waste fee due
from such owner. Such invoice may be sent as a separate statement
or may be sent as a separate line item on the county tax bill.
B.
The fee shall be due January 1, and payable without
interest or penalties by January 31, and payment shall be made to
the County Division of Budget and Finance, in person or by mail, at
such locations as are specified on the invoice. The fee shall be paid
in one lump sum; partial payments will not be accepted, except under
the provisions of L.L. No. 8-1990.[1]
C.
All annual solid waste fees shall be a debt and personal
obligation of the owner of the parcel of property. Said fees shall
be a lien upon the parcel of property as of the due date of the fee.
A.
Any annual solid waste fee not received by the County
Division of Budget and Finance when due shall be considered delinquent
and shall be subject to a late payment charge of 5% of the amount
of the unpaid fee, together with interest on the unpaid fee of 1%
per month. Any late payment charge and interest shall be a lien against
the parcel of property against which it accrued as of the accrual
date.
B.
For all taxable parcels, any delinquent annual solid
waste fee remaining unpaid as of November 1 may be added to the ensuing
year's county tax bill for the parcel against which there is a lien.
In such case, no payments shall be accepted after the commencement
of the relevy. On or about December 1, the County Administrator shall
prepare and transmit to the Legislature a list of those property owners
with delinquent annual solid waste fees as of November 1, which list
shall include a brief description of the property, the names of the
persons liable to pay the same, and the amount of unpaid fees, including
late payment charges and interest through December 31. The Legislature
shall levy such sums against the properties liable and shall state
the amount thereof as a separate entry of annual tax rolls of the
various municipalities under the name "Relevied County Annual Solid
Waste Fee." Such amount shall be collected and enforced in accordance
with § 266 of the County Law.
[Amended 3-1-1994 by L.L. No. 1-1994]
C.
For all nontaxable parcels (Assessment Roll Section
8). On or about December 1, the County Administrator shall prepare
a listing of those property owners with delinquent annual solid waste
fees as of November 1. These outstanding fees will not be relevied
on any tax bill, and will continue to be payable at the Tompkins County
Division of Budget and Finance. All parcels with outstanding fees
will be issued a subsequent notice of delinquency on or about January
1 which will include all penalties and interest accrued to date. This
billing shall also include notification of additional administrative
costs of $25 or 10% of the fee, whichever is greater, to be added
to all bills remaining unpaid as of February 1. Interest will continue
to accrue until fee is paid.
[Added 3-1-1994 by L.L. No. 1-1994]
D.
Notwithstanding the foregoing, the county shall be
entitled to commence a civil action to foreclose upon any lien upon
property in accordance with the law or collect any amount due to it.
E.
For all nontaxable parcels (Assessment Roll Section
8). On or about December 1, 1993, the County Administrator shall prepare
a listing of those property owners with delinquent annual solid waste
fees as of November 1. These outstanding fees will not be relevied
on any tax bill, and will continue to be payable at the Tompkins County
Division of Budget and Finance. All parcels with outstanding fees
will be issued a subsequent notice of delinquency on or about March
1, 1994, which will include all penalties and interest as of December
31, 1993. This billing shall also include notification of additional
administrative costs of $25 or 10% of the fee, whichever is greater,
to be added to all bills remaining unpaid as of April 1, at which
time interest will resume at a rate of 1% per month until the fee
is paid.
[Added 3-1-1994 by L.L. No. 1-1994]
Notwithstanding anything to the contrary herein,
the following special provisions shall apply to the annual solid waste
fees charged for the year January 1 through December 31, 1993:
A.
The taxable status date shall be March 1, 1993.
B.
The Legislature shall by resolution concurrent with
this article establish the unit charge to be applied for 1993 in calculating
the annual solid waste fees to be charged. The Legislature may amend
the unit charge on or before June 15, 1993.
C.
Within 10 business days following the taxable status
date, by March 10, 1993, the County Administrator shall mail to all
owners of real property a notice setting forth the classification(s)
of each parcel on the solid waste fee roll, the number of billing
units and the proposed fee currently assigned to such parcel. Failure
to mail such notice or failure of the owner to receive the notice
shall not prevent the charging, collection and enforcement of the
annual solid waste fee against the owner and property.
D.
Complaints with respect to the classification of a
parcel or property measurements (e.g. square footage, number of living
units, etc.) may be filed with the County Administrator on or before
April 16. Complainants shall file a statement under oath, specifying
the parcel of property, why the assigned classification or measurement
is erroneous or illegal, what the complainant believes is the correct
classification or measurement, and a brief description of the facts
supporting the claim. The statement must be made by the owner of the
parcel in question or by some other person authorized by the owner
to make the statement who has knowledge of the facts stated therein.
The County Administrator shall determine, in writing, the proper classification
or measurement of each parcel for which a complaint has been filed
and shall mail a copy of such determination to the complainant on
or before May 10. Such decision shall also include information regarding
the procedure to appeal the decision to the Appeals Board and the
date, time and place of the meeting or meetings of the Appeals Board.
Any person desiring to appeal the decision of the County Administrator
may file an appeal with the Appeals Board on or before June 1. Such
appeal shall be in writing and shall include a copy of the complaint
filed with the County Administrator, a copy of the County Administrator's
decision and a brief description of the reason for the appeal.
E.
The bills for the 1993 annual solid waste fee shall
be mailed on or about August 1, 1993, and shall be due on August 1,
1993, and payable without interest or penalties through August 31,
1993.
F.
Except as set forth in the foregoing, all other provisions
of this article shall apply to the annual solid waste fees charged
for 1993.
The County Administrator is hereby empowered
to administer this article and to issue rules, regulations and orders
as necessary or advisable to carry out the purposes of this article.
The County Legislature may authorize the correction
of an error in the solid waste fee roll based upon a petition subscribed
by the County Administrator, and, when it shall appear that such annual
solid waste fee has not been paid because of errors or omissions not
the fault of the owner, may modify or waive the penalties, charges,
costs and interest to be paid on such fee.
