§ 20-84. Powers and duties.

A. 

The Department.

(1) 

The Department shall have the primary responsibility, power and duty to develop, administer and enforce efficient and environmentally sound solid waste management practices in the Town. Such responsibility, power and duty shall include but not be limited to:

(a) 

The power and duty to investigate and develop methods, practices and facilities for efficient and environmentally sound solid waste management which will satisfy the requirements of the applicable law and will meet the needs of the Town and its residents now and in the future, including, without limitation, the need to conserve and make efficient use of the Town's landfill.

(b) 

The power to recommend to the Town Board the locations of solid waste management facilities in the Town, subject to Town Board approval, to establish and maintain Town solid waste management facilities, including those for resource recovery and source separation. The Department shall have the power and duty to operate and manage the Town's landfill and other solid waste management facilities to obtain and insure disposal of solid waste, and to perform all tasks related to the efficient operation of the Town's landfill as may be required by determination of the Commissioner.

(c) 

The power to establish fee schedules in accordance with § 20-86 of this article.

(d) 

The power to prohibit or restrict the types of waste, including but not limited to hazardous waste, bulk items, yard clippings, leaves, tree limbs and branches, brush, automobile and truck tires and construction and demolition debris, which may be managed at a particular solid waste management facility, including, without limitation, the Town landfill.

(e) 

The power to regulate and to establish licenses or permits for the transportation of solid waste generated, stored, processed, separated, reduced, recovered, recycled or disposed of within the Town.

(f) 

The power to adopt and promulgate, amend and repeal rules and regulations necessary to implement the foregoing powers and duties and to ensure the sound regulation of all aspects of solid waste management in the Town.

(g) 

The power and duty to educate the owner's residents, by whatever necessary and appropriate means, concerning resource recovery goals and projects, including source separation, which the Department may develop.

(h) 

The Department will have the responsibility for servicing and maintenance of all motor vehicles, used by the Department.

(2) 

Without limiting the powers and duties of the Department listed in Subsection A(1) of this section, the Department shall work with the Town Board's Solid Waste Management Planning Committee in the planning, initiation and implementation of source separation and resource recovery programs and facilities for the Town.

(3) 

The Department shall have the power to enforce and seek penalties for violation of any provision of this article or any Department rule or regulation adopted or promulgated hereunder.

(4) 

The Department shall have the power and duty to administer and enforce the Sanitary Code of the Town of Brookhaven, regulate the hours and use of solid waste management facilities within the Town, supervise all landfill operations and enforce all other laws, ordinances, rules and regulations pertaining to the management of solid waste. This shall include the power and duty to develop and enforce programs directed at the elimination of litter and rubbish from the Town's roadsides, vacant lots and other areas and the ongoing monitoring thereof, and to determine compliance with the terms and conditions of any permit issued by the Department and such other and further enforcement tasks as may be required to carry out the purposes of this chapter.

Editor's Note: See Ch. 45, Sanitation.