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HomeMy WebLinkAbout1990 Local Law #3, Dumping Law GI r i HIGHWAYS BUILDINGS PUBLIC WORKS Bostwick Road Ithaca, N.Y. 14850 AIRPORT FACILITIES Telephone (607) 273-4262 SOLID WASTES MEMORANDUM k,"I V TO: Town Supervisors rV FROM: Barbara Eckstrom, Solid Waste Manager DATE: March 30, 1990 RE: Local Law Regulating Solid Waste Disposal in Tompkins County Enclosed for your information is a copy of the local law enacted by the Board of Representatives regulating disposal of solid waste in Tompkins County. Deputy Michael Day from the County.Sheriff's Department will handle enforcement of the local law. His phone number is 272-2444 for reporting incidences of illegal dumping. If possible, please provide any vehicle and plate descriptions as well as physical descriptions of the offenders. We hope to contact you shortly to arrange a meeting to discuss enforcement of the law. Enclosure cc: James Mason, Chairman Board of Representatives Dan Winch, Chairman Public Works Construction Management Committee William Mobbs, Public Works Commissioner Scott Heyman, County Administrator Michael Day, Tompkins County Sheriff li-70 1', p : -rr. ', - 717,7,L, ' `` APR 0 1 1990 �ra • • (Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not include matter being ... eliminated and do not use italics or underlining to indicate new matter. • II 'r • County ewer. of Tompkins _ • i4ilege ' Local Law No. 3 of the year 19 r• A local law regulating the disposal of solid waste in Tompkins County.. '''. (lo..,t I W.) l' . s'• Be it enacted by the Board »„»,,,.,,»»»,»,,,,,....»..». ,»»......».».of the (Name d Legislative Body) County `;l ▪ of Tompkins • as follows: N iel fi el SECTION I. DECLARATION OF PURPOSE >� The purpose of this local law is to prohibit the disposal of solid waste at any location other than facilities or sites authorized by the State of New York, County of Tompkins, City of • Ithaca, or any town or village situated in the County of Tompkins. The Tompkins County Board of Representatives acknowledges the • growing costs associated with the disposal of solid waste and the resulting inclination of those who may seek to avoid such costs by depositing such material along highways, vacant lots, on business sites, in private dumpsters, and other places. Such activities are hereby deemed to pose an imminent hazard to the public health, safety, and welfare of the residents of the County, and are also deemed to substantially impair the physical and visual environment of the County. The adoption and vigorous enforcement of this local law is intended to be an effective deterrent to illegal dumping of solid waste as described herein. SECTION II. DEFINITIONS A. A term "solid waste" shall mean all putrescible and non- putrescible solid wastes, including garbage, rubbish, ashes, incinerator residue, street cleanings, dead animals, demolition and construction debris, automotive bodies, offal and solid commercial and industrial wastes. B. The term "dispose" shall mean to discharge, deposit, inject, dump, spill, leak or place into or on any land or water such solid waste or any constituent thereof which may enter the environment or be emitted into the air or discharged into groundwater or surface water. C. The term "person" shall mean any corporation, partnership or individual. {lf additional space is needed, please attach sheets of the same size as this and number each)" Page 1 • SECTION III. PROHIBITED ACTIVITIES A. It shall be unlawful for any person to dispose of any solid waste at any unauthorized site. Violation of this provision shall be a misdemeanor as defined by Section 55.10(2) of the Penal Law of the State of New York. B. It shall be unlawful for any person to permit such person's real property to be used for disposal of solid waste by others, unless otherwise authorized by law. Accumulation and storage of solid waste by a person is also subject to the provisions of Article IV of the Tompkins County Sanitary Code and such other state and local laws as may apply. Violation of this provision shall be a misdemeanor as defined by Section 55.10(2) of the Penal Law of the State of New York. It shall be a defense to the prosecution of this section that the owner has provided written notice to the Tompkins County Solid Waste Manager that solid waste has been unlawfully deposited on the owner's property. However, this defense shall not be available to landlords with respect to tenants' activities. C. It shall be unlawful for any person to dispose of solid waste on the premises of any solid waste facility operated by the County of Tompkins in violation of any rules and regulations promulgated by the Tompkins County Solid Waste Manager or designee. Violation of this provision shall be a violation as defined in Section 55.10(3) of the Penal Law of the State of New York. SECTION IV. ENFORCEMENT AND PENALTIES A. All provisions of this local law are enforceable by the Tompkins County Solid Waste Manager and/or the Director of Public Health, or their designees. B. Any person who commits a violation of Section 3(a) or 3(b) above is subject to arrest and punishment upon conviction as hereinafter provided: a fine of not less than $100 and/or a term of imprisonment not to exceed six months, together with restitution based on avoided disposal fees and costs of collection and hauling. C. Any person who commits a violation of Section 3(c) is subject to arrest and punishment upon conviction as hereinafter provided: a fine of not less than $50 for the first offense, not less than $200 for the second offense and/or a term of imprisonment not to exceed fifteen days, together with restitution based on avoided disposal fees and costs of collection and hauling. D. Enforcement shall be effected as follows: (1) by a peace officer or police officer as provided by the Criminal Procedure Law of the State of New York; (2) by the Tompkins County Solid Waste Manager and/or the Public Health Director or their designees by issuance of an appearance ticket pursuant to Article 150 of the Criminal Procedure Law of the State of New York. E. 'Civil Enforcement: Notwithstanding the penalties set forth above, the Tompkins County Attorney may institute a civil action to obtain restitution to the County of Tompkins from such offender for the actual costs incurred in rectifying the problem • created by the aforesaid violation or improper disposal of solid waste, or to abate, enjoin, or otherwise compel cessation of the violation of any provision of this law. F. Disposition of Fines: Any fines collected shall be payable to the County of Tompkins and shall be transmitted to the Tompkins County Comptroller. G. Each day during which a violation continues shall be deemed to be a separate violation. SECTION V. SEVERABILITY • A. The provisions of this law shall supersede any other • local laws heretofore adopted by Tompkins County and in conflict • therewith as pertains to solid waste management as stated herein. B. If any clause, sentence, paragraph, section, or article of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such adjudication shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, • section, or article thereof directly involved in the proceeding in which such adjudication shall have been rendered. .C. This local law shall be liberally construed to effectuate its objectives and purposes. SECTION VI. EFFECTIVE DATE This local law shall effect immediately upon filing with the Secretary of State. 't • • e • (Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter therein which is not applicable.) 1. (Final adoption by local legislative body only.) ((' I hereby certify that the local law annexed hereto,designated as local law No. ,..3 of 19.90.. County of the of Tompkins was duly passed by the Board of Represeptativec (Name of Legislative Body) V.110ec. • on.,6.k-(1 J 4.a 19 90 in accordance with the applicable provisions of law. [, 2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,* or repassago after disapproval.) �? I hereby certify that the local law annexed hereto,designatedas local law No. of 19 County is City of the Town of was duly passed by the (Name of Legislative Body) I' Village not disapproved on .19 and was approved by the repassed after disapproval Elective Chief Executive Officer and was deemed duly adopted on 19 , in accordance with the applicable provisions of law. I�. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto,designated as local law No. of 19 i;• County of the C'ly of was duly passed by the Town (Name of Legislative Body) Village not disapproved on 19 and was approved by the repassed after disapproval Elective Chief kxecutive Officer on 19 Such local law was submitted to the people by reason of a mandatory referendum,and received the affirmative vote of a majority of the qualified electors voting permissive general • thereon at the special election held on 19 , in accordance with the appli- annual cable provisions of law. , • 4. (Subject to permissive referendum,and final adoption because no valid petition filed requesting referendum.) I hereby certify that the local law annexed hereto,designated as local law No. of 19 County of the City of was duly passed by the on Town (Nome of Legislative Body) Village not disapproved 19 and was approved by the on repassed after disapproval Elective Chief Executive Officer* . 19 Such local law being subject to a permissive referendum and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted on 19 , in accordance with the applicable provisions of law. • *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or,if there be none,the chairman of the county legislative body,the mayor of a city or village or the supervisor of a town, where such officer is vested with power to approve or veto local laws or ordinances. r provisions of § •sh of the liunici al llome Rule Law,and having received the affirmative vote of'a majority i? § 3? i' g 1 Y of qualified electors of such city voting thereon at the special election held on general 19 became operative. • 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto,designated as Local Law No. of 19......of the County of , State of New York, having been submitted to the Electors at the General Election of November , 19 , pursuant to subdivisions 5 and 7 of Section 33 of the Muni- cipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election,became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) Fu' I further certify that.I have compared the preceding local law with the original on file in this office ' 1. and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 above. 1. Qe of the County legislative body, Date: February 22, 1990 • i.. (Seal) . i. is (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF...:EGMP.xuIS 1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. • Robert C. Mulvey Signature ppprt y.Att=orney Title Date: February 22, 1990 County '`' of Tompkins • ��rn `l•rl}ege Page 5 HIGHWAYS BUILDINGS ® PUBLIC WORKS Bostwick Road Ithaca, N.Y. 14850 AIRPORT FACILITIES Telephone (607) 273-4262 SOLID WASTES MEMORANDUM ^ ,J /; •TO: Town Supervisors r�Y FROM Barbara Eckstrom, Solid Waste Manager DATE: March 30, 1990 RE: Local Law Regulating Solid Waste Disposal in 'Tompkins County Enclosed for your information is a copy of the local law enacted by the Board of Representatives regulating disposal of solid waste in Tompkins County. Deputy Michael Day from the County Sheriff's Department will handle enforcement of the local law. His phone number is 272-2444 for reporting incidences of illegal dumping. If possible, please provide any vehicle and plate descriptions as well as physical descriptions of the offenders. We hope to contact you shortly to arrange a meeting to discuss enforcement of the law. Enclosure cc: James Mason, Chairman Board of Representatives Dan Winch, Chairman Public Works Construction Management Committee William Mobbs, Public Works Commissioner Scott Heyman, County Administrator Michael Day, Tompkins County Sheriff ® L,, 1990. L �r. (Please Use this Form for Filing your Local Law with the Secretary of State) 4111 Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. • r. County of Tompkins i; �' . Local Law No. 3 ....„ of the year 19 2(1„...... A local law rggulatine, the disposal o.f solid waste in Tompkins Count. • (teeentide) r^: Be it enacted by the Board of lepresentatiyes „„,„,„„„„,,,,„„......„„,„,,,„,,,„,,,„„„of the l`: (name of Legislative Body) County of Tompkins as follows: ?, • ;1 SECTION I. DECLARATION OF PURPOSE ® The purpose of this local law is to prohibit the disposal of solid waste at any location other than facilities or sites authorized by the State of New York, County of Tompkins, City of • Ithaca, or any town or village situated in the County of Tompkins. The Tompkins County Board of Representatives acknowledges the • growing costs associated with the disposal of solid waste and the resulting inclination of those who may seek to avoid such costs by depositing such material along highways, vacant lots, on business sites, in private dumpsters, and other places. Such activities are hereby deemed to pose an imminent hazard to rile public health, safety, and welfare of the residents of the County, and are also deemed to substantially impair the physical and visual environment of the County. The adoption and vigorous enforcement of this local law is intended to be an effective deterrent to illegal dumping of solid waste as described herein. SECTION II. DEFINITIONS A. A term "solid waste” shall mean all putrescible and non- putrescible solid wastes, including garbage, rubbish, ashes, incinerator residue, street cleanings, dead animals, demolition and construction debris, automotive bodies, offal and solid commercial and industrial wastes. B. The term "dispose” shall mean to discharge, deposit, inject, dump, spill, leak or place into or on any land or water such solid waste or any constituent thereof which may enter the environment or be emitted into the air or discharged into groundwater or surface water. C. The term "person” shall mean any corporation, partnership or individual. W(If additional space is needed, please attach sheets of the same size as this and number each) Page 1 r (• SECTION III. PROHIBITED ACTIVITIES A. It shall be unlawful for any person to dispose of any solid waste at any unauthorized site. Violation of this provision shall be a misdemeanor as defined by Section 55.10(2) of the Penal Law of the State of New York. B. It shall be unlawful for any person to permit such �. person's real property to be used for disposal of solid waste by others, unless otherwise authorized by law. Accumulation and storage of solid waste by a person is also subject to the provisions of Article IV of the Tompkins County Sanitary Code and such other state and local laws as may apply. Violation of this provision shall be a misdemeanor as defined by Section 55.10(2) of the Penal Law of the State of New York. It shall be a defense to the prosecution of this section that the owner has provided written notice to the Tompkins County Solid Waste Manager that solid waste has been unlawfully deposited on the owner's property. However, this defense shall not be available to landlords with respect to tenants' activities. C. It shall be unlawful for any person to dispose of solid waste on the premises of any solid waste facility operated by the County of Tompkins in violation of any rules and regulations promulgated by the Tompkins County Solid Waste Manager or designee. Violation of this provision shall be a violation as defined in Section 55.10(3) of the Penal Law of the State of New York. SECTION IV. ENFORCEMENT AND PENALTIES A. All provisions of this local law are enforceable by the Tompkins County Solid Waste Manager and/or the Director of Public Health, or their designees. B. Any person who commits a violation of Section 3(a) or 3(b) above is subject to arrest and punishment upon conviction as hereinafter provided: a fine of not less than $100 and/or a term of imprisonment not to exceed six months, together with restitution based on avoided disposal fees and costs of collection and hauling. C. Any person who commits a violation of Section 3(c) is subject to arrest and punishment upon conviction as hereinafter provided: a fine of not less than $50 for the first offense, not less than $200 for the second offense and/or a term of imprisonment not to exceed fifteen days, together with restitution based on avoided disposal fees and costs of collection and hauling. D. Enforcement shall be effected as follows: (1) by a peace officer or police officer as provided by ® the Criminal Procedure Law of the State of New York; (2) by the Tompkins County Solid Waste Manager and/or the Public Health Director or their designees by issuance of an appearance ticket pursuant to Article 150 of the Criminal Procedure Law of the State of New York. E. Civil Enforcement: Notwithstanding the penalties set forth above, the Tompkins County Attorney may institute a civil action to obtain restitution to the County of Tompkins from such offender for the actual costs incurred in rectifying the problem created by the aforesaid violation or improper disposal of solid waste, or to abate, enjoin, or otherwise compel cessation of the violation of any provision of this law. F. Disposition of Fines: Any fines collected shall be payable to the County of Tompkins and shall be transmitted to the Tompkins County Comptroller. G. Each day during which a violation continues shall be deemed to be a separate violation. SECTION V. SEVERABILITY A. The provisions of this law shall supersede any other local laws heretofore adopted by Tompkins County and in conflict therewith as pertains to solid waste management as stated herein. B. If any clause, sentence, paragraph, section, or article of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such adjudication shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or article thereof directly involved in the proceeding in which such adjudication shall have been rendered. C. This local law shall be liberally construed to effectuate its objectives and purposes. ® SECTION VI. EFFECTIVE DATE This local law shall effect immediately upon filing with the Secretary of State. 1, 1 �. (Complete the certification in the paragraph which applies to the filing of this local law and strike out the i matter therein which is not applicable.) i. 40 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto,designated as local law No. ,..3 of 19.50.. f•' 11 County • 1. of the or. Tompkins was duly passed by the Board of Represeptatives (Name of Legislative Body) V:llae, • f;, on.. PYg7 x0..,.........19 90 in accordance with the applicable provisions of law. 1. 2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,'` • • or repassage after disapproval.) • I hereby certify that the local law annexed hereto,designated as local law No. of 19 . County City of the Town of was duly passed by the (Name of Legislative Body) '' Village not disapproved . ';: on 19 and was approved by the , repassed after disapproval Elective Chief Executive Officer and was deemed duly adopted on 19 , in accordance with the applicable • provisions of law. c. 'y 3. (Final adoption by referendum.) I. I hereby certify that the local law annexed hereto,designated as local law No. of 19 l• r County t, ill of the City of was duly passed by the l ,I own (Name of Legislative Body) Village not disapproved on 19 and was approved by the repassed after disapproval Elective Chief Executive Officer on 19 Such local law was submitted to the people by reason of a mandatory referendum,and received the affirmative vote of a majority of the qualified electors voting permissive general • , thereon at the special election held on 19 , in accordance with the'appli- annual • cable provisions of law. , • 4. (Subject to permissive referendum,and final adoption because no valid petition filed requesting referendum.) I hereby certify that the local law annexed hereto,designated as local law No. of 19 County of the City of was duly passed by the on Town (Name of Legislative Body) Village not disapproved , 19 and was approved by the on repassed after disapproval Elective Chief Executive Officer* 19 Such local law being subject to a permissive referendum and no • valid petition requesting such referendum having been filed, said local law was deemed duly adopted on 19 , in accordance with the applicable provisions of law. III . • *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a countywide basis or,if there be none,the chairman of the county legislative body,the mayor of a city or village or the supervisor of a town, where such officer is vested with power to approve or veto local laws or ordinances. P,,,. I. ' - • provisions of § 37" of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the special election held on general 19 became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as Local Law No. of 19......of the County of , State of New York, having been submitted to the Electors at the General Election of November , 19 , pursuant to subdivisions 5 and 7 of Section 33 of the Muni- i' cipal Home Rule La9v,and having received the affirmative vote of a majority of the qualified electors of the ;•' cities of said county as a unit and of a majority of the qualified electors of the towns.of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) sir I further certify that.I have compared the preceding local law with the original on file in this office ' • and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 above. f, Qe%c of the County legislative body, Date: February 22, 1990 • • is (Seal) I • • l` i (Certification to he executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF...1 ot�tculs 1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. • c . . . . .. Robert C. Mulvey Signature fpttpjy Attorney • Title Date: February 22, 1990 • County Gi` of Tompkins • -Vi4I&ge • Page 5 • •