NY Cty L § 226-B (2021)
2021 New York Laws CNT - County Article 5 - General Powers of Board of Supervisors 226-B - Solid Waste Management; Resource Recovery.

§ 226-b. Solid waste management; resource recovery. 1. The legislative   body  of  any county may appropriate and expend such sums as it may deem   proper to provide for the separation, collection and management of solid   waste in such county  and  for  that  purpose  may  acquire,  construct,   operate  and  maintain  solid  waste  management facilities, acquire the   necessary  lands  therefor,  and  purchase,  operate  and  maintain  all   necessary   appliances   appurtenant   thereto,   including   collection   facilities and such vehicles as may be required for  such  purposes.  In   selecting a location for any solid waste management facility, the county   legislative  body  shall  take  into  consideration  the present and any   proposed land use character of the area of any proposed location and the   zoning regulations, if any, applicable to such area.2. The legislative body of any county may,  by  resolution,  establish   schedules  of rates or fees to be charged for any solid waste collection   or management facilities or services provided  pursuant  to  subdivision   one  of  this  section,  which rates or fees may be collected and unpaid   rates and fees enforced and collected in the same manner as provided  in   section two hundred sixty-six of this chapter.3.  The  term  "solid  waste"  shall  mean all materials or substances   discarded or rejected 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  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, and "solid waste management facility" shall   mean any facility employed beyond the  initial  solid  waste  collection   process  including,  but  not  limited  to,  recycling centers, transfer   stations,  baling  facilities,  rail  haul  or  barge  haul  facilities,   processing  systems,  including  resource  recovery  facilities or other   facilities for reducing solid waste volume, sanitary  landfills,  plants   and  facilities  for  compacting,  composting  or  pyrolization of solid   wastes, incinerators  and  other  solid  waste  disposal,  reduction  or   conversion facilities.4.  A  county  acting  within  its boundaries pursuant to this section   shall be deemed to be  acting  in  its  governmental  capacity.  Nothing   herein  contained  shall prevent a county from entering into a municipal   cooperation  agreement  pursuant  to  article  five-G  of  the   general   municipal law.5. The county of Westchester having been designated as a planning unit   pursuant to section 27-0107 of the environmental conservation law, shall   have  power  to  adopt  and amend local laws, ordinances and regulations   that  license  and/or  regulate  collecting,  receiving,   transporting,   delivering,  storing,  processing  and  disposing  of  solid  waste  and   recyclable or reusable material that are originated  or  brought  within   the  county,  to  the  extent  that  such licensing and/or regulation is   necessary to carry out or to further the goals  of  the  county's  solid   waste  management  plan  and  that  said  plan  has been approved by the   department of environmental conservation. The county of Westchester  may   also  adopt  a  local  law  or ordinance pursuant to section one hundred   twenty-aa of the general municipal law, governing the  source-separation   and  segregation  of  recyclable or reusable materials from solid waste.   Any law, ordinance, or regulation adopted by the county  of  Westchester   pursuant  to  this  subdivision  shall  take  precedence  over and shall   supersede any inconsistent provisions of any such local  law,  ordinance   or regulation enacted by any other municipality within the boundaries of   the  county  of Westchester commencing September first, nineteen hundred    ninety-two, except that no county source separation  law  may  authorize   enforcement  proceedings  and  penalties against a municipality for that   municipality's failure to meet  specific  recycling  goals  set  by  the   county  in  accordance  with  the  county's  state-approved  solid waste   management plan until September  first,  nineteen  hundred  ninety-four,   provided,  that  the  municipality  has  adopted  a local recycling plan   reasonably designed to meet said recycling goals  and  has  demonstrated   good  faith  in implementing its recycling program. For purposes of this   subdivision the term "solid  waste"  shall  have  the  same  meaning  as   provided  in  subdivision  three  of  this  section  and  shall  include   materials separated from  the  waste  stream  pursuant  to  section  one   hundred  twenty-aa  of  the  general  municipal law. Such term, however,   shall not include any scrap or other material of  value  separated  from   the waste stream and held for purposes of materials recycling.