§ 46-12. Legislative intent.

A. 

The Board finds that it is in the best interest of the Town of North Hempstead to make amendments to Chapter 46, entitled "Sanitation," in order to conform the existing Code with the recent U.S. Supreme Court decision that upheld the constitutionality of a local government's authority to direct solid waste to a designated publicly owned facility, and to provide for more effective enforcement of the Town's existing solid waste management laws. The intent and purpose of Article II of this chapter is to provide for the management of all Solid Waste generated within the Town of North Hempstead and municipalities located therein and to authorize the supervision and regulation of the collection, transportation and disposition of all or part of any Acceptable Waste and Recyclables generated within such Town and municipalities so that the same is delivered to publicly owned Solid Waste Management Facilities or such other publicly owned disposal facilities as may be designated by the Town for processing or for other disposition or handling.

B. 

The management of Solid Waste is the inherent responsibility of local government, whose authority in this area is derived from its police powers. Town-wide collection and disposition of municipal Solid Waste, more commonly referred to as "flow control," allows for more effective and environmentally responsible waste planning and management and more effective implementation of the Town's integrated Solid Waste management plan. Flow control will serve important environmental and public health and safety objectives.

C. 

The powers and duties enumerated in Article II of this chapter constitute proper Town purposes intended to benefit the health, welfare and safety of Town Residents. It is hereby found that, in the exercise of control over the collection, transportation and disposition of Solid Waste on a Town-wide basis, the Town is exercising essential and proper governmental functions.