Section 226-B. Solid waste management; resource recovery

1. The legislative
  body  of  any county may appropriate and expend such sums as it may deem
  proper to provide for the separation, collection and management of solid
  waste in such county  and  for  that  purpose  may  acquire,  construct,
  operate  and  maintain  solid  waste  management facilities, acquire the
  necessary  lands  therefor,  and  purchase,  operate  and  maintain  all
  necessary   appliances   appurtenant   thereto,   including   collection
  facilities and such vehicles as may be required for  such  purposes.  In
  selecting a location for any solid waste management facility, the county
  legislative  body  shall  take  into  consideration  the present and any
  proposed land use character of the area of any proposed location and the
  zoning regulations, if any, applicable to such area.
    2. The legislative body of any county may,  by  resolution,  establish
  schedules  of rates or fees to be charged for any solid waste collection
  or management facilities or services provided  pursuant  to  subdivision
  one  of  this  section,  which rates or fees may be collected and unpaid
  rates and fees enforced and collected in the same manner as provided  in
  section two hundred sixty-six of this chapter.
    3.  The  term  "solid  waste"  shall  mean all materials or substances
  discarded or rejected as being spent, useless, worthless or in excess to
  the owners at the time of such discard or rejection, including  but  not
  limited  to  garbage,  refuse,  industrial and commercial waste, sludges
  from air or water pollution control facilities or water supply treatment
  facilities, rubbish,  ashes,  contained  gaseous  material,  incinerator
  residue,  demolition and construction debris and offal but not including
  sewage and other highly diluted water carried  materials  or  substances
  and  those  in gaseous form, and "solid waste management facility" shall
  mean any facility employed beyond the  initial  solid  waste  collection
  process  including,  but  not  limited  to,  recycling centers, transfer
  stations,  baling  facilities,  rail  haul  or  barge  haul  facilities,
  processing  systems,  including  resource  recovery  facilities or other
  facilities for reducing solid waste volume, sanitary  landfills,  plants
  and  facilities  for  compacting,  composting  or  pyrolization of solid
  wastes, incinerators  and  other  solid  waste  disposal,  reduction  or
  conversion facilities.
    4.  A  county  acting  within  its boundaries pursuant to this section
  shall be deemed to be  acting  in  its  governmental  capacity.  Nothing
  herein  contained  shall prevent a county from entering into a municipal
  cooperation  agreement  pursuant  to  article  five-G  of  the   general
  municipal law.
    5. The county of Westchester having been designated as a planning unit
  pursuant to section 27-0107 of the environmental conservation law, shall
  have  power  to  adopt  and amend local laws, ordinances and regulations
  that  license  and/or  regulate  collecting,  receiving,   transporting,
  delivering,  storing,  processing  and  disposing  of  solid  waste  and
  recyclable or reusable material that are originated  or  brought  within
  the  county,  to  the  extent  that  such licensing and/or regulation is
  necessary to carry out or to further the goals  of  the  county's  solid
  waste  management  plan  and  that  said  plan  has been approved by the
  department of environmental conservation. The county of Westchester  may
  also  adopt  a  local  law  or ordinance pursuant to section one hundred
  twenty-aa of the general municipal law, governing the  source-separation
  and  segregation  of  recyclable or reusable materials from solid waste.
  Any law, ordinance, or regulation adopted by the county  of  Westchester
  pursuant  to  this  subdivision  shall  take  precedence  over and shall
  supersede any inconsistent provisions of any such local  law,  ordinance
  or regulation enacted by any other municipality within the boundaries of
  the  county  of Westchester commencing September first, nineteen hundred

  ninety-two, except that no county source separation  law  may  authorize
  enforcement  proceedings  and  penalties against a municipality for that
  municipality's failure to meet  specific  recycling  goals  set  by  the
  county  in  accordance  with  the  county's  state-approved  solid waste
  management plan until September  first,  nineteen  hundred  ninety-four,
  provided,  that  the  municipality  has  adopted  a local recycling plan
  reasonably designed to meet said recycling goals  and  has  demonstrated
  good  faith  in implementing its recycling program. For purposes of this
  subdivision the term "solid  waste"  shall  have  the  same  meaning  as
  provided  in  subdivision  three  of  this  section  and  shall  include
  materials separated from  the  waste  stream  pursuant  to  section  one
  hundred  twenty-aa  of  the  general  municipal law. Such term, however,
  shall not include any scrap or other material of  value  separated  from
  the waste stream and held for purposes of materials recycling.