§ 45-10. Waste disposal regulations., Chapter 45. Sanitation, Code of Ordinances, Brookhaven

Disposal facility fees, failure to pay. The Commissioner or his representative is hereby empowered to collect fees for the use of all public disposal facilities. The amount of the fees and the manner of their collection is to be determined by resolution of the Town Board of the Town of Brookhaven. All persons disposing of solid waste at a public disposal facility shall pay the fee therefor, unless said fee is waived by the Commissioner or the Town Board. The failure or refusal to pay disposal facility fees unless said fees have been waived as set forth herein, shall constitute a violation of this chapter. A person to whom a permit has been issued pursuant to § 45-7 of this chapter and who disposes of solid waste at a public disposal facility may deposit with the Department of Recycling and Sustainable Materials Management a surety bond or other guarantee of payment in a form and amount satisfactory to the Commissioner.

[Amended 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017]

Any person who shall dispose of any liquid or solid waste in any public disposal facility shall do so only during the times designated by the Commissioner, in a manner directed by the Commissioner or his representative and in compliance with any and all rules and regulations established by the Commissioner for the safe operation of such facility.

Discretion of Commissioner. Notwithstanding any other provision of this chapter, the Commissioner may refuse to permit the disposal of waste products at a disposal area, the disposal of which he determined may endanger the environment, property or the health and welfare of the general public. The Commissioner may also designate which public disposal facility is to be used for the disposal of certain categories of waste product. No person shall make use of any public disposal facility in contravention of such refusal or designation of the Commissioner.

Hazardous waste prohibited. No person shall dispose of any hazardous waste at or on any public disposal facility.

Foreign materials prohibited. It shall be unlawful to dispose of, deposit, dump or store solid or liquid waste generated or collected from outside the Town in any public disposal facility unless specifically authorized, in writing, by the Commissioner. Disposal, depositing, dumping or storing of solid or liquid waste pursuant to such authorization shall be performed subject to such conditions and safeguards as the Commissioner may deem appropriate.

Private disposal areas prohibited. No person shall establish or maintain a privately owned solid or liquid waste disposal area or facility within the Town except when authorized by special permit from the Town Board subsequent to a public hearing, subject to any applicable provisions of Chapter 85, Zoning, of the Code of the Town of Brookhaven and to such other conditions and safeguards as the Town Board may deem appropriate.

It shall be unlawful to transport, carry or convey solid waste collected from outside of the Town or a hazardous waste into or within a Town solid waste management facility except pursuant to the express prior written authorization of the Commissioner.

Only residents of the Town and persons holding permits issued by the Commissioner shall be permitted to bring or send solid wastes to the Town solid waste management facilities. Nothing herein contained shall prohibit schools, religious organizations or similar institutions located within the Town which are tax-exempt from bringing or sending solid wastes to the Town solid waste management facilities, provided that the institutions enumerated herein possess Suffolk County Department of Health Services approval for any vehicle used to transport solid waste. All persons in the business of collecting and disposing of solid waste or who are collecting and disposing of solid waste for hire or profit must secure the proper permits from the Commissioner and the Suffolk County Department of Health Services to be entitled to bring or send solid waste to a Town solid waste management disposal facility.

No government entity shall bring or send solid waste to any Town solid waste management facility without approval of the Town Board upon such terms as the Town Board shall deem appropriate.