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Article 10 - Department of Environment and Planning - Charter


Section 1001. Department of environment and planning; commissioner; qualifications.
  1002. Powers and duties of commissioner.
  1003. County environmental quality code.

Section 1001. Department of environment and planning; commissioner; qualifications. There shall be a department of environment and planning headed by a commissioner. He or she shall be appointed by the county executive, subject to confirmation by the county legislature. He or she shall possess not less than a baccalaureate degree in an appropriate subject field and suitable experience in private or public administration and environmental control or regional, county or municipal planning.

Section 1002. Powers and duties of commissioner. The commissioner of environment and planning shall have the following powers and duties:

  1. He or she shall administer the planning, environmental compliance, drainage, flood control, solid waste management, sewerage planning, construction and management functions vested in the executive branch of the county government, provided, however, that this provision shall not be deemed to restrict the powers or duties of any administrative body appointed, designated, or established in accordance with article five a of the county law and the Erie county charter and administrative code.
    Amended by Local Law No. 6 1988.
  2. He or she shall head the department of environment and planning, supervise and direct its officers and employees, and make such assignments of powers and duties among them as he or she may consider advisable.
  3. He or she may promulgate, administer, enforce and amend a county environmental quality code, pursuant to section nine hundred three of this charter.
  4. He or she may, if authorized to do so by appropriate federal or state authorities, administer or enforce federal or state laws, rules, regulations, orders or programs in relation to the control, enhancement and preservation of environmental resources.
  5. He or she shall advertise and call for bids on the construction of each sewer project of the county and such other projects as may be assigned to this department by the county legislature, open such bids publicly, tabulate them and submit recommendations with respect thereto to the county legislature and county executive.
  6. He or she shall have such additional powers and duties as may be prescribed by the county executive.
  7. He or she shall have all powers necessary or proper to the exercise of any of the duties or functions of the commissioner of the department of environment and planning.
    Former subdivision h. REPEALED by Local Law No. 1 1986.
    Former subdivision h. Added by Local Law No. 3 1978.

Section 1003. County environmental quality code. To the extent applicable to the control and enhancement of the quality, use or enjoyment of air and water resources, the authority conferred upon a board of health by the public health law to formulate, promulgate, adopt, publish and enforce rules, regulations, orders and directions for the security of life and health to be known as a sanitary code may be exercised by the commissioner of environment and planning in formulating, promulgating, adopting, publishing and enforcing an environmental quality code. The commissioner may also promulgate such other and additional rules and regulations as he or she shall consider appropriate to enhance the quality, use and enjoyment of air, water and other resources within the county, in furtherance of public health, safety, and welfare. This shall not be deemed to limit the authority of the commissioner of health or the board of health to promulgate such additional regulations for the security of life and health as may be necessary. Before adopting any provision or amendment of the county environmental quality code, the commissioner shall conduct a public hearing, pursuant to the procedures set forth in section 9.06(a) of the Erie county administrative code. Following such public hearing, if the commissioner's decision is to adopt said proposed code or amendment, he or she shall file a copy of the said preliminary decision with the clerk of the legislature. If the county legislature shall so direct, pursuant to section 9.06(a) of the Erie county administrative code, the commissioner shall conduct a second public hearing.
Nothing in this section shall be construed to mean that the commissioner must promulgate or enforce such rules, regulations, orders and directions except as he or she has the necessary staff and funds to do so.
Article IX Environmental Management) REPEALED in its entirety and NEW article IX Added by Local Law No. 2 1977.
Former sections 904 and 905 REPEALED by Local Law No. 1 1986.
Former sections 904 and 905 Added by Local Law No. 3 1978.
Article 10 was formerly numbered Article IX.