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Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do n'^^^SS^Suu^^"^ FILED italics or underhning to mdicate new matter County —Fo ffTl of-.-Xlortland APR 29 2002 Local Law No. ofthe year 20L-02 MfsceiMAieous & STATE RECORDS A local law ..-.IQ.Amfind.Xi3cal-Law-A_Di-I9.9.2.^.JRegaKdiag..TJie._Manner.Jn..Whi^^ (Iwn Title) .TIp.pirig.^..Uaex.^.And.Pjemit.I'ees..Ara.Eatahlislifid.Jbr..Tha.D^^ Od Be It enacted by the ----P-e^-S-lature ofthe (Name ofLegislative Body) County " Ci'J* nf Cortland J,U PI U' Village as follows: DOS-239 (Rev. 11/99) (If additional space is needed, attach pages the same size as this sheet, and number each.) ---PAGE BREAK--- PROPOSED LOCAL LAW NO. 3 FOR THE YEAR 2002 A LOCAL LAW TO AMEND LOCAL LAW NUMBER 5 OF 1992, REGARDING THE MANNER IN WHICH TIPPING, USER, AND PERMIT FEES ARE ESTABLISHED FOR THE DISPOSAL OF SOLID WASTE AT CORTLAND COUNTY LANDFILLS Be it enacted by the County Legislature of the County of Cortland as follows: SECTION 1. LEGISLATIVE INTENT The County Legislature hereby finds that the intent of this local law shall be to amend Local Law number 5 of 1992, to provide for the future establishment of solid waste permit, tipping and user fees by resolution, pursuant to Section 226-b of County Law of the State of New York, and to eliminate the prior requirement of a permit for disposal of recyclables at the materials recovery facility or SECTION 2. AUTHORITY County Law Article 5, general poM^ers of the board of supervisors, solid waste management, pursuant to Section 226-b(2), specifically authorizes the legislative body of a county, by resolution, to establish schedules of rates or fees to be charged for any solid waste collection or management facilities or services provided. SECTION 3. Section III, subsection 2, paragraphs and - Commercial Waste Permit Requirements, of Local Law No. 5 for the year 1992 are hereby amended to read as follows: a. No waste collector or contractor shall collect, transport, or dispose of solid waste without obtaining a Commercial Waste Permit issued by the County. c. Each Commercial Waste Permit applicant shall be required to pay a Commercial Waste Permit fee of $30.00 per vehicle, and a further fee of $10.00 for each detachable container used. This permit and container fee and any other fees, rates or charges for Commercial Waste Permit holders shall hereafter be amended by resolution of the Cortland County Legislature and such charges shall commence upon the adoption or effective date of such resolution and continue until modified, amended or rescinded. 1 - ---PAGE BREAK--- SECTION 4. Section III, subsection 3, paragraphs and - Resident Waste Permit and Private Business/Farm Permit Requirements, of Local Law No. 5 for the year 1992 are hereby amended to read as follows: a. Resident individuals collecting, transporting or disposing of their own solid waste will be required to obtain a Resident Waste Permit from the Department of Solid Waste at a cost of $ 10.00 fi'om the Department of Solid Waste. This permit fee and any other fees, rates or charges for Resident Waste Permit holders shall hereafter be amended by resolution of the Cortland County Legislature, and such charges shall commence upon the adoption or effective date of such resolution and continue until modified, amended or rescinded. Such permit shall be displayed on the front bumper of the delivery vehicle and shall be valid until December 31^^ ofthe year of issuance. c. Persons and contractors not holding Commercial Waste Permits may obtain a Private Business / Farm Permit for the collection, transportation and / or disposal of solid waste other than refuse at the County Landfill. A Private Business / Farm Permit must be obtained from the Department of Solid Waste for a fee of $30.00 per vehicle. This permit fee and any other fees, rates or charges for Private Business / Farm Permit holders shall hereafter be amended by resolution of the Cortland County Legislature, and such charges shall commence upon the adoption or effective date of such resolution and continue until modified, amended or rescinded. Holders of a Private Business / Farm Permit shall be required to make immediate cash payment of the required fee for the first ninety days, and once a month thereafter. SECTION 5. Section III, subsection 4, paragraphs and - Disposal of Solid Waste, of Local Law No. 5 for the year 1992 are hereby amended to read as follows: h. Tipping fees for Commercial Waste Permit holders, Private Business / Farm Permit, and Resident Waste Permit holders shall be computed at the rate of $60.00 per ton. A minimum fee of $5.00 will be charged per transaction. All tipping fees and minimum transaction fees shall hereafter be established by resolution of the Cortland County Legislature, and such charges shall commence upon the adoption or effective date of such resolution and continue until modified, amended or rescinded. i. Commercial Waste Permit holders and Private Business / Farm Permit holders will be billed by the County. Such bills must be paid within thirty days of the mailing ofthe fee statement. Such bills unpaid within thirty days of mailing will be charged an additional 2% per month fmance charge. Failure to make payments when due shall result in suspension or revocation of the Commercial Waste Permit or Private Business / Farm Permit. ---PAGE BREAK--- SECTION 6. SEPARABILITY If any provision of this local law or the application thereof to any person or circumstance is held to be invalid, the remainder of this local law and the application of such provision to other persons or circumstances shall not be affected thereby. SECTION 7. EFFECTIVE DATE: This local law shall take effect upon filing in the Office of the Secretary of State as provided by Section 27 of the Municipal Home Rule Law. ---PAGE BREAK--- (Complete the certification In the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Finai adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. of 20--Q2.. of the (Cpunty)(City)(Town)(Village) of -...C.QrtLand vvas duly passed by the LegislatJJr.e..-- on.-Apr,U..24t}l 20--ft? in accordance with the applicable provisions oflaw. (Name ofLegislative Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective ChiefExecutive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No - - - of 20 of the (County)(City)(Town)(Village) of - was duly passed by the - - on - 20 , and was (approved)(not approved)(repassed after iName of Legislative Body) disapproval) by the - - - and was deemed duly adopted on - - - 20-— , (Elective Chief Executive Officer*) in accordance with the applicable provisions oflaw. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. - - of 20 - of the (County)(City)(Town)(Village) of - - - was duly passed by the - on - - 20— , and was (approved)(not approved)(repassed after (Name ofLegislative Body) disapproval) by the - - - - on--- - 20 Such local law was submitted (Elective Chief E.vecutive Officer*) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on - 20— , in accordance with the applicable provisions oflaw. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No - - of 20 of the (County)(Cily)(Town)(Village) of was duly passed by the — - on 20— , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the - on 2 0 - - . Such local law was subject to (Elective Chiif E.xecutive Officer") permissive referendum and no valid petition requesting such referendum was filed as of 20--- , 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, i f there be none, the chairperson ofthe county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. ---PAGE BREAK--- 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 ofthe City of - having been submitted to referendum pursuant to the provisions of seciion (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such chy voting thereon at the (special)(general) election held on 20— , 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 20 of the County of - — Stale of New York, having been submitted to the eleclors at the General Election of November 20— , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority ofthe quahfied electors ofthe cit- ies of said county as a unit and a majority ofthe qualified electors of the towns of said county considered as a unit voting at said general election, became operalive. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) 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 correci transcript therefrom and ofthe whole of such original local law, and was finally adopted in the manner in- dicated in paragraph—J. , above. Clerk of the County legislalive body, City, Town or Village/flerk or officer designated by local legislative body (Seal) Date: A p r i l 24th, 2002 (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 Cortland I, the undersigned, hereby certify that the foregoing local law conlains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. County A t t o r n e y Titie County of Cortland *Town •ViUaga Date: A p r i l 24th, 2002 ---PAGE BREAK--- ON MOTION OF MR. CORNELL RESOLUTION NO. 180-02 ADOPT LOCAL LAW NO. 3 FOR THE YEAR 2002 A LOCAL LAW TO AMEND LOCAL LAW NUMBER 5 OF 1992, REGARDING THE MANNER IN WHICH TIPPING, USER, AND PERMIT FEES ARE ESTABLISHED FOR THE DISPOSAL OF SOLID WASTE AT CORTLAND COUNTY LANDFILLS WHEREAS, proposed Local Law No. 3 for the year 2002 provides for the future establishment of solid waste permit, tipping and user fees by resolution pursuant to the authority granted under County Law section 226-b, and eliminates tiie prior requirement of a permit for disposal of recyclables at the materials recovery facility; and WHEREAS, said Local law has been in its final form upon the desks of the members ofthe Legislature at least seven days exclusive of Sunday, prior to this date, and WHEREAS, a Public Hearing hereon has been held before this Legislature, after publication of notice thereof as required by law, NOW, THEREFORE, BE IT RESOLVED, that Local Law No. 3 for the year 2002 shall take effect upon filing as required by law. STATE OF NEW YORK } SS: COUNTY OF CORTLAND } This is to certify that!, the undersigned, Clerk of the Cortland County Legislature of the County of Cortland have compared the foregoing copy of resolution with the original resolution now on file in this office, and which was passed by the Cortland Counly Legislature of said county on the 24th day of April 2002 and that the some is a correct and true transcript of such original resolution and of the whole thereof. IN WITNESS WHEREOF I have hereunto set my hand and the official sea! of the CORTLAND COUNTY LEGISLATURE, this 24thday of April 2002 Clerk of the Cortland County legislature ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK---