[Adopted by L.L. No. 9-1991; amended in its entirety 12-4-2012 by L.L. No. 10-2012]
This article shall be known as the "Ulster County Solid Waste
Management Law."
The Ulster County Legislature finds that:
A.
In 1991, the County of Ulster and the Ulster County Resource Recovery
Agency (hereinafter the "Agency") prepared a local solid waste management
plan pursuant to the provisions of Environmental Conservation Law
§§ 27-0106 and 27-0107 in order to define the County's
policies with respect to solid waste management. It is the policy
of the County, in accordance with the solid waste management policies
of the State of New York, to reduce the amount of solid waste generated;
reuse material for the purpose for which it was originally intended
or recycle material that cannot be reused; recover energy from solid
waste that cannot be economically or technically reused or recycled;
and dispose of solid waste that is not being reused, recycled or from
which energy is not being recovered by land burial or other means
approved by law. This article is intended to advance and support the
policies expressed in the local solid waste management plan.
B.
The Agency's mission is to provide an efficient, economical and environmentally
sound solid waste management system in and for the County of Ulster.
The Agency strives to carry out the principles of New York's solid
waste hierarchy in its work, emphasizing reuse of materials, reduction
of municipal solid waste (MSW), and the carrying out of an effective
and user-friendly recycling program, with landfill disposal of MSW
that cannot be reused, reduced or recycled. The Agency also provides
a pilot organics composting project, and holds household hazardous
waste and electronics recycling events for the residents of the County.
Municipal dropoff centers for disposal of solid waste and recycling
developed by the Agency offer County residents a convenient alternative
to private collection contracts. The Agency routinely negotiates contracts
with area solid waste collection firms for disposal of MSW at its
two conveniently placed transfer stations, and long hauls through
private contractors the processed waste to permitted landfills in
New York State.
C.
Together with the preparation of the local solid waste management
plan, the County adopted Local Law Number 8 of 1991 (the Ulster County
Mandatory Source Separation and Recycling Law)[1] and Local Law Number 9 of 1991 (the Ulster County Solid
Waste Management Law)[2] with the intent that the provisions of each law should
complement the other in the management of solid waste and recyclables
collection and disposal in the County.
D.
Section 4 of Local Law Number 9 of 1991 provided for the restriction
of competition in solid waste disposal to the extent that waste generated
or brought within the County of Ulster could be directed to a solid
waste facility designated by the Agency, as authorized by Public Authorities
Law § 2050-t(3). Enforcement of Section 4 of Local Law Number
9 of 1991 was suspended following judicial decisions calling similar
provisions in the laws of other communities into question on constitutional
grounds. In 2007, the United States Supreme Court affirmed the power
of local government to direct the flow of solid waste and recyclables
to public facilities, and this amendment to Local Law Number 9 of
1991 is adopted to advance the goals of the Ulster County local solid
waste management plan in a manner conforming to the standards established
by the Court.
E.
Local Law Number 8 of 1991 (the Ulster County Mandatory Source Separation
and Recycling Law) has been amended on two occasions: by Local Law
No. 8 of 2007 and Local Law No. 4 of 2010. The most recent amendment
set forth in Local Law No. 4 of 2010 sets forth findings and legislative
purposes with respect to County policy on recycling and solid waste
management which the Legislature hereby reaffirms and adopts as additional
findings and purposes for this amendment.
F.
In addition, the Legislature finds that the establishment of a requirement
for an occupational license for persons engaged in the collection
of solid waste and recyclables in Ulster County, together with the
reinstitution of flow control over the disposal of solid waste generated
within the County will assist the County and the Agency in fulfilling
the goals of the local solid waste management plan. The license and
flow control requirements established herein are intended to enhance
the ability of the Agency to gather information relevant to the generation,
type and quantity of waste and recyclables in the County; assist in
the environmentally sound and economical disposal of solid waste;
provide sufficient user revenue to the Agency to administer the operation
of an integrated solid waste management system; reduce the subsidy
provided by Ulster County taxpayers to the solid waste system; and
assist the County and the Agency in the enforcement of environmental
laws and regulations.
G.
The Legislature further finds that the amendments contained herein
will assist the Agency in establishing a structured disposal fee for
all haulers operating within the County and thereby encourage competition
among haulers, for the benefit of all consumers of solid waste services
within the County.
This article is adopted pursuant to § 120-aa of the
General Municipal Law, § 10 of the Municipal Home Rule Law,
§ 2050-t(3) of the Public Authorities Law, and Article 27
of the Environmental Conservation Law.
As used in this article, the following terms shall have the
following meanings:
The Ulster County Resource Recovery Agency created under
Chapter 936 of the Laws of 1986 of the State, as amended.
The Executive Director of the Ulster County Resource Recovery
Agency.
The pick-up, collection or delivery of solid waste to a hauler
at the point of generation.
Uncontaminated solid waste resulting from the construction,
remodeling, repair and demolition of utilities, structures and roads;
and uncontaminated solid waste resulting from land clearing. Such
waste includes, but is not limited to, bricks, concrete and other
masonry materials, soil, rock, wood (including painted, treated and
coated wood and wood products), land-clearing debris, wall coverings,
plaster, drywall, plumbing fixtures, nonasbestos insulation, roofing
shingles and other roof coverings, asphalt pavement, glass, plastics
that are not sealed in a manner that conceals other wastes, empty
buckets 10 gallons or less in size and having no more than one inch
of residue remaining on the bottom, electrical wiring and components
containing no hazardous liquids, and pipe and metals that are incidental
to any of the above.
The entire County of Ulster as constituted and existing under
the Laws of the State.
The post-collection delivery of solid waste to any location
for processing, transfer, transportation, or any permanent disposition.
Any person or legal entity that produces solid waste including
regulated recyclable materials requiring off-site disposal.
Any person engaged in the business of collecting, storing,
and transporting municipal solid waste, including recyclable materials,
except where otherwise designated in this article.
Any county, city, town, village, improvement district, public
authority, or other municipal corporation established by law.
That solid waste which is generated at residences, institutions,
businesses, or other properties, exclusive of construction and demolition
debris and recyclable materials that have been separated from MSW.
Any natural person, individual, partnership, copartnership,
association, owner or manager of a business, commercial or industrial
establishment, joint venture, corporation, trust, estate, institution,
not-for-profit organization or any other legal entity, including a
municipality or any other waste generator.
Any solid waste that exhibits the potential to be returned
to the economic resource stream in the form of raw materials to be
used in place of virgin materials in the manufacture of new products.
All materials or substances discarded or rejected within
the County of Ulster 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 materials,
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, source, special nuclear or
by-product material within the meaning of the Atomic Energy Act of
1954,[1] as amended, and waste which appears on the list of hazardous
waste promulgated by the Commissioner of Environmental Conservation
pursuant to § 27-0903 of the Environmental Conservation
Law.
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 or is incidental
to the collecting, receiving, transporting, storage, processing or
disposal of solid waste as more fully defined in Public Authorities
Law § 2050-b(16).
[1]
Editor's Note: See 42 U.S.C.§ 2011 et seq.
This article shall be implemented, administered, and enforced
by the Agency. In order to carry out this responsibility, the Agency,
acting consistently with the purposes of this article, shall be empowered
to do the following:
A.
Establish, revise, amend, and repeal rules and regulations as it shall deem reasonable, necessary and proper to carry out the responsibilities and requirements of this article pursuant to § 304-38.
B.
Designate solid waste management facilities that may receive, process,
transfer, transport or dispose of municipal solid waste.
C.
Issue summonses, notices and administrative complaints to persons
in violation of the provisions of this article, adjudicate alleged
violations, impose civil penalties and license suspensions and/or
revocations as provided herein, and take all lawful action to enforce
the provisions of this article, including but not limited to applications
to courts of competent jurisdiction.
When specified in this article, the Agency may, from time to time, promulgate rules and regulations consistent with the provisions of this article in order to effectuate the purposes hereof. The procedure for rule making shall be the procedure set forth in § 304-11 of Article II, Recycling (the Ulster County Mandatory Source Separation and Recycling Law).
A.
No hauler shall collect, transport or dispose of solid waste and/or
recyclable materials generated within the County without obtaining
a hauler license issued by the Agency. Licenses issued pursuant to
this article shall be in the nature of a privilege subject to the
terms and conditions set forth in this article and shall not be deemed
to create a property interest with respect to the license in the holder
thereof.
B.
The Agency shall be authorized to issue a hauler license to qualified
applicants upon submission of a written application containing such
information as may be required by the Agency for administrative purposes,
including, but not limited to, the following:
(1)
The name and address of the applicant, specifying, in the case of
any corporation, the names and addresses of each officer and director
thereof.
(2)
If the applicant conducts business under a trade name or if the applicant
is a partnership, the application for a license must be accompanied
by a copy of the trade name or partnership certificate duly certified
by the Clerk of the county in whose office the certificate was filed.
(3)
The experience of the applicant in the business of collection and
disposal of refuse and similar material.
(4)
The number of collection vehicles to be operated by the applicant
and a description of each such vehicle, including the ownership of
the vehicle, the make, year, model of chassis and body type, the cubic
capacity or tare weight, and color of vehicle, the current New York
State registration number, and the community or communities in which
the vehicle will operate. All vehicles shall be marked with the name
of the licensee. The Agency shall be authorized to issue identification
numbers for each vehicle, to be marked or affixed thereto.
(5)
The number and location of all waste and recyclable materials containers
distributed by the licensee to customers within the County. All such
containers shall be marked with the name of the licensee. The Agency
shall be authorized to issue identification numbers for each such
container, to be marked or affixed thereto.
(6)
The location of any and all terminals proposed to be used by the
applicant for the storage of licensed vehicles.
(7)
The applicant's proposed daily route and pickup schedule for each
area and building to be serviced. Within 30 days of occurrence, any
changes in the daily route and pickup schedule shall be reported,
in writing, to the Agency. This subsection shall not apply to such
routes and special districts as are provided for by contract with
a municipality.
(8)
The name, address and telephone number, both day and night, of the
applicant or the person in charge of the business.
(9)
Any other relevant information the Agency may require.
C.
Additional requisites for obtaining and holding a license.
(1)
Fees. Each application shall be accompanied by an application fee
of $200, plus $100 for each vehicle to be used by the licensee in
the provision of service in the County. A municipality is not subject
to the application fee under the provisions of this subsection.
(2)
Insurance. Before a license may be issued by the Agency, each applicant
shall file with the Agency proof of the following insurance coverage,
consisting of a certificate of the insurance carrier:
(a)
Workmen's compensation insurance or proof of exemption.
(b)
Disability benefits insurance.
(c)
Bodily injury liability insurance in an amount not less than
$1,000,000 for each occurrence, and in an amount not less than $1,000,000
general aggregate.
(d)
Property damage liability insurance in an amount not less than
$1,000,000 for each occurrence and in an amount of not less than $1,000,000
general aggregate.
(3)
Duty to keep records. Every licensee shall keep complete and accurate
books of account with respect to the operation of its business, in
which shall be entered and shall show, among other things, all income
derived or received from each of its customers and/or other sources,
together with details of all expenses disbursements made or incurred
in the operation of its business. Such books of account shall be kept
current on a monthly or quarterly basis and brought up-to-date not
later than 30 days after the expiration of such period. All such records
shall be retained by the licensee for at least three years.
(4)
Right of inspection. The Agency shall have the right to inspect books
of account and records maintained by the licensee. Every hauler shall
keep and maintain records of every customer serviced by the hauler.
Such records shall be available for inspection and examination at
any time upon demand by the Agency, or its duly authorized agent or
employee, and shall be preserved for a period of three years, except
that the Agency may consent to their destruction within that period
or may require that they be kept longer. Such consent shall be in
writing and signed by the Agency Executive Director.
(5)
Global positioning system. Each licensee may be required, at the
discretion of the Agency, to install and maintain equipment to be
identified by the Agency for the tracking of collection vehicles by
satellite or other means. If the Agency determines that it is necessary
to install a GPS system, then, in that event, the Agency shall give
the licensee 30 days' notice prior to the date of required installation
of the GPS system. It shall be the responsibility of the licensee
to bear the cost of the GPS system.
D.
Term of license. Each license issued pursuant to this section shall
be valid for a term expiring on December 31 of the year of issuance,
unless issued in the month of December, in which case it shall expire
the 31st day of December of the next year. License renewals shall
be considered in the same manner and subject to the same conditions
as original applications.
E.
Licenses not transferable. Licenses issued pursuant to this article
shall not be transferable or assignable by the licensee. Changes in
ownership or control of a licensed entity shall be reported to the
Agency within 10 days.
A.
The Agency shall be authorized to deny an application or suspend
or revoke a hauler license issued pursuant to this article where one
or more of the following situations is found to exist:
(1)
That the hauler has failed and refused, without reasonable cause,
to collect and dispose of municipal solid waste, except in a situation
where a contract has been lawfully terminated.
(2)
That the hauler has failed to account or pay, without reasonable
cause, any disposal bills to the Agency.
(3)
That the hauler is insolvent or has made a general assignment for
the benefit of creditors or has been adjudged as bankrupt, or a money
judgment has been secured against it upon which an execution has been
returned wholly or partly unsatisfied.
(4)
That the hauler has failed to keep and maintain records or has refused
to allow the inspection thereof as otherwise provided in this article.
(5)
That the hauler has violated any of the provisions of this article or the provisions of Article II, Recycling as it currently exists or may be amended from time to time.
(6)
That the hauler has ceased to operate as a private refuse collector
for which a license was previously issued.
(7)
That the hauler has been convicted of a felony or misdemeanor which
in the judgment of the Agency renders such person unfit or undesirable
to hold such license.
(8)
That the hauler has failed to abide by any rule or regulation promulgated
by the Agency and implemented in furtherance of its administrative
or enforcement efforts.
B.
Procedure. Whenever, in the judgment of the Executive Director of the Agency, sufficient evidence exists to support a determination that a license held by any hauler should be suspended or revoked, or that civil penalties should be imposed pursuant to this article, the Agency shall serve written notice of such suspension or revocation, and/or the amount of civil penalty imposed, upon the hauler, together with notice of the effective date of such suspension, revocation or penalty, which date shall be not less than 20 days from the date of such notice. Written notice of suspension or revocation of a license shall be served personally or by certified mail, return receipt requested, addressed to such hauler's last-known address; and if by certified mail, a copy of the notice shall be posted on the hauler's premises as stated in the license application. Such notice shall contain factual allegations sufficient to inform the hauler of the nature and circumstances of the violation charged, and shall further inform the hauler of the right to a hearing to contest the suspension, revocation and/or penalty. The hauler may invoke the right to a hearing by serving a written demand for hearing upon the Agency at any time prior to the effective date of the suspension, revocation or penalty, and service of such demand shall serve to stay such suspension, revocation or penalty pending the determination of the Independent Administrative Hearing Officer, pursuant to the procedures set forth in § 304-25 of Article II, Recycling. Any applicant aggrieved by the denial of a license after application pursuant to this section may request that the Agency hold a hearing on such denial.
C.
Nothing herein shall prevent the Agency from enforcement of the provisions
of this article, and all rules, regulations, orders and determinations
made pursuant thereto, by actions or proceedings for legal and/or
equitable relief, brought in the name of the Agency or the County
in any court of competent jurisdiction.
A.
All municipal solid waste generated within the County of Ulster shall
be delivered for disposal to a Solid Waste Management facility designated
by the Agency. The County hereby intends to regulate and control the
collection, transportation and disposal of all municipal solid waste,
by whomever collected, within the municipalities within the County
and to authorize the Agency to establish standards and promulgate
regulations to accomplish such control. The Agency's designation may
include a determination that a particular Solid Waste Management facility
shall be the only facility used for the disposal of municipal solid
waste generated within all of, or a described area within, the County
of Ulster or by a particular person or persons.
B.
In administrative proceedings under Article II, Recycling to enforce the provisions of this section there shall be rebuttable evidentiary presumptions that:
(1)
The placement of a municipal solid waste container that is marked
or identified with the name of a hauler holding or required to hold
a license for the collection of municipal solid waste pursuant to
this article at any location within the County shall be presumptive
evidence that such hauler is providing solid waste collection service
at said location.
(2)
Evidence of municipal solid waste in a container located in the County as described in Subsection B(1) above, and subsequent observation of the same container empty, shall be presumptive evidence that municipal solid waste was collected from the container by the hauler whose name is marked on the container.
(3)
The failure to deliver any municipal solid waste to an Agency-designated
Solid Waste Management facility within three days of the collection
of municipal solid waste from any location within the County shall
be presumptive evidence of a violation of this section.
C.
Penalties. Any hauler who violates any of the provisions of this § 304-40 of this article, or who fails to perform any duty imposed by this article or any rule or regulations promulgated pursuant thereto, may be liable for a civil penalty not to exceed $5,000 and/or revocation of all licenses issued pursuant to this article.
Pursuant to Title 13-G of the Public Authorities Law of the
state, this article takes precedence over and shall supersede any
inconsistent provisions of any local law enacted by any municipality
within the County.
