N.Y. CNT Law § 226-B — New York Code / Act CNT / Article 5 / Section 226-B
Solid waste management; resource recovery
Status: in_force

§ 226-b. Solid waste management; resource recovery. 1. The legislative\nbody of any county may appropriate and expend such sums as it may deem\nproper to provide for the separation, collection and management of solid\nwaste in such county and for that purpose may acquire, construct,\noperate and maintain solid waste management facilities, acquire the\nnecessary lands therefor, and purchase, operate and maintain all\nnecessary appliances appurtenant thereto, including collection\nfacilities and such vehicles as may be required for such purposes. In\nselecting a location for any solid waste management facility, the county\nlegislative body shall take into consideration the present and any\nproposed land use character of the area of any proposed location and the\nzoning regulations, if any, applicable to such area.\n  2. The legislative body of any county may, by resolution, establish\nschedules of rates or fees to be charged for any solid waste collection\nor management facilities or services provided pursuant to subdivision\none of this section, which rates or fees may be collected and unpaid\nrates and fees enforced and collected in the same manner as provided in\nsection two hundred sixty-six of this chapter.\n  3. The term "solid waste" shall mean all materials or substances\ndiscarded or rejected as being spent, useless, worthless or in excess to\nthe owners at the time of such discard or rejection, including but not\nlimited to garbage, refuse, industrial and commercial waste, sludges\nfrom air or water pollution control facilities or water supply treatment\nfacilities, rubbish, ashes, contained gaseous material, incinerator\nresidue, demolition and construction debris and offal but not including\nsewage and other highly diluted water carried materials or substances\nand those in gaseous form, and "solid waste management facility" shall\nmean any facility employed beyond the initial solid waste collection\nprocess including, but not limited to, recycling centers, transfer\nstations, baling facilities, rail haul or barge haul facilities,\nprocessing systems, including resource recovery facilities or other\nfacilities for reducing solid waste volume, sanitary landfills, plants\nand facilities for compacting, composting or pyrolization of solid\nwastes, incinerators and other solid waste disposal, reduction or\nconversion facilities.\n  4. A county acting within its boundaries pursuant to this section\nshall be deemed to be acting in its governmental capacity. Nothing\nherein contained shall prevent a county from entering into a municipal\ncooperation agreement pursuant to article five-G of the general\nmunicipal law.\n  5. The county of Westchester having been designated as a planning unit\npursuant to section 27-0107 of the environmental conservation law, shall\nhave power to adopt and amend local laws, ordinances and regulations\nthat license and/or regulate collecting, receiving, transporting,\ndelivering, storing, processing and disposing of solid waste and\nrecyclable or reusable material that are originated or brought within\nthe county, to the extent that such licensing and/or regulation is\nnecessary to carry out or to further the goals of the county's solid\nwaste management plan and that said plan has been approved by the\ndepartment of environmental conservation. The county of Westchester may\nalso adopt a local law or ordinance pursuant to section one hundred\ntwenty-aa of the general municipal law, governing the source-separation\nand segregation of recyclable or reusable materials from solid waste.\nAny law, ordinance, or regulation adopted by the county of Westchester\npursuant to this subdivision shall take precedence over and shall\nsupersede any inconsistent provisions of any such local law, ordinance\nor regulation enacted by any other municipality within the boundaries of\nthe county of Westchester commencing September first, nineteen hundred\nninety-two, except that no county source separation law may authorize\nenforcement proceedings and penalties against a municipality for that\nmunicipality's failure to meet specific recycling goals set by the\ncounty in accordance with the county's state-approved solid waste\nmanagement plan until September first, nineteen hundred ninety-four,\nprovided, that the municipality has adopted a local recycling plan\nreasonably designed to meet said recycling goals and has demonstrated\ngood faith in implementing its recycling program. For purposes of this\nsubdivision the term "solid waste" shall have the same meaning as\nprovided in subdivision three of this section and shall include\nmaterials separated from the waste stream pursuant to section one\nhundred twenty-aa of the general municipal law. Such term, however,\nshall not include any scrap or other material of value separated from\nthe waste stream and held for purposes of materials recycling.\n