§ 46-22. Exemption.

A. 

A Village shall be exempt from the provisions set forth in § 46-14A, through K, N and O of Article II of this chapter, requiring such Village to dispose of all Acceptable Waste, Recyclables, Yard Waste or Construction and Demolition Debris at a Solid Waste Management Facility designated by the Commissioner, where such items are generated within its borders and collected directly by the Village or by a vendor retained by the Village, and from the provisions of § 46-16 of Article II of this chapter, requiring every contract or renewal thereof for the collection, transportation, processing or purchase of Solid Waste or Recyclables made by such Village to conform to said provisions of §§ 46-14 and 46-16, upon filing with the Authority and the North Hempstead Town Clerk a declaration of exemption adopted by the Village Board. Said declaration of exemption must be made by April 1, 2010, to take effect May 1, 2010, and by May 1, 2014, to take effect on May 1, 2015. The Town shall provide all Villages with written notification of the time limits set forth in this section at least 30 days prior to the first day of May 2014.

[Amended 4-6-2010 by L.L. No. 2-2010]

B. 

If a Village declares an exemption pursuant to this section, any such declaration shall include a provision indemnifying the Town and the Authority from responsibility or liability under any applicable New York State law, rule or regulation relating to solid waste collection, disposal or recycling activities conducted or authorized by said Village, including but not limited to New York State Environmental Conservation Law § 27-0107 (Local Solid Waste Management Plans) and 6 NYCRR Part 360, Subpart 15 (Comprehensive Solid Waste Management Planning).

C. 

A Village’s declaration of exemption pursuant to this section shall not prevent the Town or the Authority from enforcing the provisions of Article II of this chapter upon Commercial and/or private (nonmunicipal) Collectors.

Amended 11-17-2009 by L.L. No. 17-2009