Town of Lewisboro, NY
Westchester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Lewisboro as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 150.
[Added 1-23-1990 by L.L. No. 1-1990]

§ 134-1 Title.

This article shall be known and cited as the "Residential Refuse Collection Law of the Town of Lewisboro."

§ 134-2 Purpose.

A. 
The purpose of this article is to maintain and promote the orderly collection of refuse in the most efficient and economical manner within the Town of Lewisboro. It is the policy of the Town of Lewisboro that the accomplishment of the purpose may best be achieved by municipal regulation of refuse collections with regard to financial responsibility, collection routes and procedures and sensitivity to the interests of the public.
B. 
It is also the policy of the Town of Lewisboro that it shall participate in the Six Northern Westchester Towns' Municipal Cooperation Agreement (MCA). The Town of Lewisboro reserves unto itself the authority to designate a disposal site or transfer station as needed.
C. 
A further purpose of this article is to ensure that the costs of refuse collection within the Town remain at reasonable levels. In order to achieve that goal, the Town of Lewisboro may enter into a contract or contracts for the collection of residential refuse.

§ 134-3 Prohibited acts.

A. 
It shall be unlawful for any person, firm or corporation to collect residential refuse and/or to collect any material for recycling within the Town of Lewisboro, except from his own residence or business property, without first obtaining a license from the Town.
B. 
It shall be unlawful for the owner of any vehicle to permit such vehicle to be used for the purpose of collection of residential refuse and/or to collect any material for recycling within the Town of Lewisboro, except from his own residence or business property, without first obtaining a license from the Town for that vehicle.
C. 
It shall be unlawful for any licensee hereunder to refuse service during the license period to any resident of the Town of Lewisboro requesting the same, provided that said licensee's service area is not more than one mile from the requesting resident, said service area to be described in the application as set forth below.
D. 
It shall be unlawful for any licensed collector to deviate from any of the standards for compliance as set forth in § 134-6 below.
E. 
No unauthorized person or entity as hereinafter defined shall deposit refuse in a bulk refuse container within the Town of Lewisboro. No person or entity shall deposit nonrecyclable refuse in a container utilized for recycling purposes in any location within the Town of Lewisboro except such recyclable refuse as intended for that container. The finding of refuse in any such container which refuse in part contains materials bearing the name or other identifying mark of a person or entity as addressee shall create a presumption that the person or entity to whom such material was found to be addressed deposited such refuse without authorization and in violation of this article. "Unauthorized person or entity," as used herein, shall mean a person or entity utilizing a bulk refuse container owned, leased or contracted for by another person or entity without the consent of such person or entity.

§ 134-4 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ACCEPTABLE WASTES
All solid wastes, as defined under Article 27, Titles 3 and 7, of the New York State Environmental Conservation Law, as amended from time to time, and implementing regulations of the New York State Department of Environmental Conservation, including but not limited to 6 NYCRR 360 and 364, as amended from time to time, except bulk construction or demolition debris and prohibited wastes.
BULK CONSTRUCTION OR DEMOLITION DEBRIS
Waste in amounts exceeding 500 pounds in the aggregate resulting from construction, remodeling, repair and demolition of structures, road building and land clearing. Such wastes include but are not limited to bricks, concrete and other masonry materials, soil, rock and lumber, road spoils, paving material and tree stumps and brush.
CURBSIDE
The side or area wherein the public highway either paved or unpaved abuts the property of the private property owner.
DRIVEWAY
A designated area, either paved or unpaved, permitting ingress and egress from lands of private owner onto the public highway.
MUNICIPALLY COLLECTED SOLID WASTE
Acceptable wastes originating within the boundaries of the Town collected or caused to be collected by the Town or by a private carter licensed as a residential collector by the Town of Lewisboro.
ON PREMISES
That designated location at the residence-end of the driveway no more than 10 feet from the driveway.
PROHIBITED WASTES
Any of the following:
A. 
All materials defined as hazardous wastes pursuant to either Subtitle C of the Federal Resource Conservation and Recovery Act of 1976, as amended from time to time, and implementing regulations issued by the United States Environmental Protection Agency (USEPA), including but not limited to 40 CFR 261, as amended from time to time, or Article 27, Title 9, of the New York State Environmental Conservation Law, as amended from time to time, and implementing regulations issued by the New York State Department of Environmental Conservation, including but not limited to 6 NYCRR 370 through 373.3, as amended from time to time.
B. 
All materials which are classified as a "hazardous substance" as defined in Section 101(14) of the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended from time to time, and implementing regulations issued by the USEPA, including but not limited to 40 CFR 302.
C. 
All materials which are radioactive.
D. 
Sludge; septage; pathological, infectious or explosive wastes; and liquid wastes.
E. 
Any other waste material which may not be lawfully transported to, stored, managed or disposed of at the facilities contractor uses pursuant to this article and to the Six Towns MCA.[1]
REFUSE
All solid wastes, including garbage, rubbish and ashes as hereinafter defined:
A. 
Common household wastes resulting from the preparation, cooking or serving of foods, market wastes and wastes from handling, storage and sale of produce. Specifically excluded from this definition are all animal wastes, human or otherwise.
B. 
Combustibles, such as paper, cardboard cartons or boxes, wood or related products and excelsior and noncombustible metals, beverage or grocery cans, glass, dirt, crockery and minerals.
C. 
The residue created from fires used for cooking, heating and on-site incineration.
D. 
Tied newspaper; bundled mixed paper, magazines, etc.; bundled cardboard, commingled glass, plastic and metal; or glass, plastic or metal, source-separated.
[1]
Editor's Note: Regulations regarding dumpsters, which immediately followed this definition, were moved to § 134-7.

§ 134-5 Application for license to collect refuse.

A. 
Application form.
(1) 
Application for a license to regularly collect refuse within the Town of Lewisboro shall be made at the office of the Town Clerk of the Town of Lewisboro on forms provided by said office. The applicant shall file with his application a certificate or affidavit of insurance as hereinafter set forth, shall pay the required license fee and shall fill out and answer all questions required to be answered by the application form. Upon receipt of such application properly completed and executed, the Town Clerk will investigate and refer the same to the Town Board, which shall act thereon.
(2) 
This section shall be applicable only if and when the Town designates a specific disposal site or transfer station which requires the Town to be the guarantor. The costs below payable to the Town of Lewisboro are for the purpose of paying the tipping charges to the designated transfer station and for the Town to be reimbursed by the licensed carter who will collect these moneys directly from the customers.
(a) 
The carter shall be required to pay to the Town of Lewisboro, on the first business day of each week, a sum of money equal to that carter's estimated tonnage for one week times the current total tipping fee.
(b) 
The estimated tonnage per week shall be calculated by dividing each carter's annual guaranteed tonnage by 52 weeks.
(c) 
The current tipping fee shall be that amount that the Town of Lewisboro is required to pay for disposal of its residential refuse to either the designated transfer station or landfill and any other tipping costs calculated per ton of refuse.
(d) 
At the end of each month, the carter shall be required to pay in full for his actual tonnage dumped as verified by the weigh tickets.
(e) 
In the event of an emergency, and the Town designates an alternate disposal site, the Town will be responsible to reimburse the carter for money deposited in advance, but only if the alternate site bills the carter directly for the tipping fees.
(f) 
Said moneys shall be deposited in an interest-bearing account for the benefit of the respective licensed carters. An accounting of these funds shall be made as of December 31 of each year, and excess moneys will be returned to each licensed carter.
(3) 
An escrow account will be established in an amount equal to one month's tipping costs.
B. 
Contents of application. The form of application shall be as determined from time to time by the Town Board of the Town of Lewisboro and shall include the following information:
(1) 
A detailed description of the applicant's equipment, including age, make and the mechanical condition of each vehicle used by the applicant in the collection of refuse within the Town of Lewisboro.
(2) 
A description of the applicant's work force.
(3) 
The Town Board may require a balance sheet and financial statement.
(4) 
Proposed rates for the collection of refuse for each type of service available.
(5) 
Owners, stockholders and related businesses. The names and addresses of actual or beneficial owners and creditors of the business or, if incorporated, the stockholders, directors, officers and creditors.
(6) 
Detailed information relating to the applicant's insurance coverage as described in Subsection C.
(7) 
The total number of residential customers served and a map of the proposed service area, if not throughout the entire Town of Lewisboro.
(8) 
Contingency plans for providing service in the event of equipment failure, labor or other factors causing or threatening to cause an interruption or diminution of service.
(9) 
Method of billing.
(10) 
A list of the names and addresses of a minimum of 50 residential accounts in order to be eligible for initial licensing.
(11) 
A signed contract or letter of agreement to receive refuse from one or more certified and/or approved facilities for disposal.
C. 
Insurance. A certificate of insurance to be filed with the application shall be approved as to form and sufficiency by the Town Attorney and shall be executed by authorized representatives of a duly qualified insurance company licensed to do business in the State of New York, evidencing that said insurance company has issued liability and property damage insurance policies covering the following:
(1) 
All operations of the applicant or any other person, firm or corporation employed or engaged by him in the collection of refuse and bulk pickups within the corporate limits of the Town of Lewisboro.
(2) 
The disposal of such refuse and bulk pickups to and within the designated and approved disposal area or transfer station.
(3) 
Protecting the Town of Lewisboro by adding the Town of Lewisboro as an additional named insured and protecting the public and any person from injuries or damages sustained as a result of the negligence of the licensee, its servants, agents, contractor and employees in carrying out the activities permitted under the terms of this article.
(4) 
The certificate of insurance shall specifically evidence the following amounts of insurance coverage, which shall remain in full force and effect for the term of the license and shall provide that written notice, by certified mail, be given to the Town Clerk of the Town of Lewisboro 30 days prior to any change in the conditions of the certificate of insurance or any expiration or cancellation thereof.
(a) 
Public liability insurance: combined single limit for bodily injury and property damage, $500,000 per occurrence.
(b) 
Motor vehicle bodily injury and property damage insurance: combined single limit, $500,000 per occurrence.
(c) 
Workers' compensation and disability benefits as required by law.
D. 
License fee.
(1) 
The license fee shall be $35 per year per normal working truck with a capacity of 10 cubic yards or greater. For trucks with a capacity of less than 10 cubic yards, the license fee shall be $15.
(2) 
Additional trucks may be licensed from time to time at the applicable rate. Truck licenses may not be transferred to other or different trucks owned by the licensee or otherwise. No refund will be granted for a licensed truck which is not operated for the entire license period.
E. 
Action by the Town. Upon receipt of any application for a license hereunder, the Town Clerk shall investigate or cause to be investigated all statements set forth or included in the same and shall refer to the Town Board, which shall, within 60 days after receipt of said application, decide to grant or to deny the application upon the entire record. Such decision shall be filed with the Town Clerk, who shall issue, upon receipt of any approval of such application, a license hereunder in conformity with and containing such terms and conditions as the Town Board required in its decision.
F. 
License period. All licenses issued pursuant to this article on or after September 1, 1986, shall be valid and in effect for a period of up to one year from the date of issuance of said license, subject to the provisions of this article, or until the Town shall enter into a contract for residential garbage collection, if earlier. In that event, refunds shall be issued pro rata.
G. 
Expiration and renewal of license. All licenses shall expire at the end of the license period, unless sooner revoked or suspended by the Town Board. Applications for renewal licenses shall be filed not less than 60 days prior to the end of the license period and shall be treated as new applications. If an application is filed by a previously unlicensed collector for the current license period, it shall be filed not less than 120 days prior to the date the applicant desires it to become effective.
H. 
Transfer of license. Any license granted hereunder shall not be assignable or transferrable except upon the written consent and approval of the Town Board. Any transfer of a majority of the equitable, legal or beneficial interest in the ownership of a licensee shall automatically terminate the validity of any license issued to such licensee. The Town Clerk shall be notified by certified mail of any change in the equitable, legal or beneficial ownership of the licensee within 10 days of such change, including a change by operation of law.

§ 134-6 Standards.

A. 
Precollection practices.
(1) 
All residents of the Town shall provide suitable containers for the storage of garbage or refuse. Such containers shall be practical, suitable and of sufficient strength for the purpose of holding and storing refuse or other material intended for disposal. Such containers shall not exceed a filled total weight of 60 pounds and all shall be equipped with a suitable handle or handles and a tight-fitting cover. All refuse containers shall be placed at a designated location not earlier than 6:00 p.m. on the day before collection. Any refuse which cannot be placed in the standard container as herein described shall be securely bundled and tied and left at the designated collection location. The weight of the bundled or packaged material shall not exceed 60 pounds, and these materials should be packaged as follows:
(a) 
Magazines and paper and/or clean newspapers tied in reasonable-size bundles separated for recycling if and when required.
(b) 
Crates, cardboard boxes and the like to be reduced in volume and tied together.
(c) 
Shrubs, trees, including Christmas trees, branches, wood or similar debris, should not exceed three feet in length and should be bundled.
(d) 
Commingled recyclables, if and when required, in specified containers.
(e) 
Source-separated recyclables in specified containers.
(2) 
The collector shall pick up, at any one time for customers having once-per-week service, a maximum of three containers of refuse or items in Subsection A(1)(b) and (c) above. In addition, if and when required, carter shall pick up items in Subsection A(1)(a), (d) and (e) at curbside on designated days. If recycling is required, the carter shall have the right to refuse service to any customer not in compliance with recycling requirements.
B. 
Availability of service. No licensed collector shall unreasonably deny service of a type or within the area set forth in the application to any resident requesting collection service. No licensed collector shall unreasonably deny service to any resident within one mile of the outer limits of his service area as defined in the application.
C. 
Collection practices.
(1) 
The collector shall offer the following collection services:
(a) 
Once per week collection at the curbside.
(b) 
Once per week collection on premises for residences with a driveway not to exceed 125 feet from the public highway.
(c) 
Once per week collection on premises for residences with a driveway in excess of 125 feet from the public highway.
(2) 
The standard collection shall be three containers and once per week service; any regular variation shall be subject to negotiation between the carter and the customer.
(3) 
In addition, each licensed carter shall pick up newspapers for recycling. This may be done concurrently with regular trash pickups or by a separate pickup service. Newspapers must be picked up no less than twice per month.
(4) 
Newspapers must be bundled and tied.
(5) 
Each carter will be required to submit a semiannual report of the volume of recyclable materials collected and the disposition site.
(6) 
The collectors shall provide a special rate for senior citizens qualified for New York State property tax exemption, computed on a discount of 10% reduction from the normal rates.
D. 
Hours of operation. No collector shall commence work before 6:00 a.m. nor continue after 7:00 p.m., Monday through Saturday. This standard may be waived by the Town Board in case of extraordinary circumstances necessitating deviation from the normal hours and days.
E. 
Transfers. Transfers of any and all material between trucks shall only be done at locations requested in the application and approved by the Town Board, and said locations shall be left free of any debris dropped in the transfer process. Debris left at transfer sites must, upon request of the Town Clerk, be removed within six hours by the user of that site.
F. 
Type and maintenance of vehicles. All vehicles used in the transportation of refuse within the Town of Lewisboro shall be kept in a sanitary condition and shall be so constructed as to prevent leakage in transit. The body of the truck shall be wholly enclosed or shall at all times be kept covered with an adequate cover or canvas cover provided with eyelets and rope for tying down. Loading of vehicles shall be done in such a manner as to prevent spilling or loss of contents. All persons licensed hereunder shall use packer-type trucks. Small non-packer-type auxiliary vehicles may be approved if so stated on the application forms. Vehicles shall be maintained in such condition as to prevent mechanical breakdown and disruption of garbage collection. The name of the licensee shall be printed conspicuously on each vehicle.
G. 
Complaints.
(1) 
Each licensee shall remedy each resident complaint from an omitted service within 24 hours of the time received. The licensee shall remedy complaints from the Town Clerk concerning any material deposited improperly within the limits of streets or highways during transit within six hours.
(2) 
The licensee hereunder shall keep available complaints received by him. The record of each complaint shall include but not be limited to the date and nature of the complaint, the name of the complainant and the disposition thereof made by the licensee.
(3) 
The licensee must maintain either an office or answering service for receipt of said complaints during normal business hours.
H. 
Reporting practices. The licensee shall report to the Town Clerk the total number of residential customers serviced the previous month. The carter shall also file copies of the weigh master tickets for each month also on the last day of the month, on request.
I. 
Collection fees.
(1) 
The fee schedule to be charged by a licensee for each type of service to be performed under such license shall be set forth in its application for such license. The fee schedule filed with the Town for the license period shall remain in effect for the license period, as defined herein, unless any change therein is filed with the Town no less than 60 days prior to date said revised fee schedule is to take effect. This requirement may be waived by the Town Board in case of extreme hardship caused by unforeseen increases in the carter's expenses. The burden of proof of hardship is on the carter.
(2) 
The billing of fees by the licensee shall conform to the method of billing set forth in the licensee's application and shall be consistent with the provisions of this article.
(3) 
No customer shall be deemed to be in default, hereunder, regardless of the billing method of the licensee, until such time as the services required of the licensee shall have been fully performed.

§ 134-7 Dumpsters.

This article shall also cover those residences which use dumpsters for solid waste disposal except the conditions in § 134-6A, B, C and I. These standards shall be determined contractually between the collector and the agent for the multifamily residences.

§ 134-8 Administration and enforcement.

A. 
Responsibility of licensee. The licensee shall be directly responsible to the residential customers it services and to the Town Board of the Town of Lewisboro and shall collect and dispose of refuse in accordance with such rules and regulations as to service herein stated and the rate charge stated in the application or as shall be subsequently filed with the Town Board.
B. 
Administration.
(1) 
The administration of this article shall be the duty of the Town Clerk of the Town of Lewisboro and such other office, commissioner, agency or official as the Town Board may designate. The office of the Town Clerk is authorized to adopt such rules and regulations which it may deem appropriate and necessary, subject to the approval of the Town Board.
(2) 
The Town Clerk, Code Enforcement Officer and police shall be authorized to enforce, implement and carry out the provisions and purposes of this article, provided that such rules and regulations are not inconsistent with the provisions hereof.
C. 
Arbitration of disputes. Any dispute or controversy arising from any cessation or diminution of service or any other alleged failure of a licensee's responsibility to the residents it services or any other person or any alleged failure of the responsibility of a resident or any other person to the licensee shall, on complaint of either party to such dispute, be referred to the Town Board or its designated agent for binding arbitration. Pending issuance of any decision determining any dispute so referred, the licensee shall continue to provide proper pickup service for the customer, provided that the customer shall continue to pay for services rendered. This section shall not be deemed to replace any other enforcement provision of this article.

§ 134-9 Penalties for offenses.

A. 
Administrative sanctions.
(1) 
Any person, firm, corporation or entity found violating any provision of this article, with the exception of § 134-3A or B, or conditions imposed by the Town Board upon an approved permit, shall be served with a written notice at the direction of the Town Board stating the nature of the violation and providing a specified time within which the violation shall cease and satisfactory corrective action shall be taken by the violator.
(2) 
Any person who violates, disobeys or disregards any provision of this article shall be liable to the people of the Town of Lewisboro for a civil penalty of not less than $25 nor in excess of $1,000 for each such violation, to be assessed after a hearing or opportunity to be heard upon due notice and with the rights to specifications of the charges and representation by counsel at such hearing.
(3) 
The Town Board shall have the power, following a hearing, to revoke any license granted hereunder.
(4) 
Any civil penalty or order issued by the Town shall be reviewable in a court of competent jurisdiction.
B. 
Criminal sanctions.
(1) 
Any person who violates § 134-3A or B or any order of the Town Board regulating residential refuse collection shall, in addition, for the first offense, be guilty of a violation punishable by a fine of not less than $200 nor in excess of $1,000.
(2) 
For a second and each subsequent offense, he shall be guilty of a misdemeanor punishable by a fine of not less than $1,000 nor in excess of $2,500 and/or a term of imprisonment of not more than 30 days.
(3) 
The Town Attorney shall prosecute persons alleged to have violated the provisions of this article and may seek equitable relief to restrain any violation of its provisions.

§ 134-10 Time limit for commencing actions.

Any action brought hereunder shall be commenced within three months of the date of the alleged violation.
[Adopted 11-24-1992 by L.L. No. 9-1992]

§ 134-11 Title.

This article shall be known and cited as the "Commercial Refuse Collection Law of the Town of Lewisboro."

§ 134-12 Purpose.

A. 
The purpose of this article is to maintain and promote the orderly collection of refuse and recyclables in the most efficient and economical manner within the Town of Lewisboro. It is the policy of the Town of Lewisboro that the accomplishment of the purpose may best be achieved by municipal regulation of refuse and recyclable collections with regard to financial responsibility, collection routes and procedures and sensitivity to the interests of the public.
B. 
It is also the policy of the Town of Lewisboro that it may participate in the Northern Westchester Towns' Municipal Cooperation Agreement (MCA) and may guarantee that all commercial refuse collected within its borders be directed to a facility which has contracted with the Town of Lewisboro or the MCA for disposal of commercial refuse. The Town of Lewisboro reserves unto itself the authority to change the designated disposal site or transfer station as needed.
C. 
A further purpose of this article is to ensure that the costs of refuse and recyclable collection within the Town remain at reasonable levels.

§ 134-13 Prohibited acts.

A. 
It shall be unlawful for any person, firm or corporation to collect commercial refuse and/or to collect any material for recycling within the Town of Lewisboro, except from his own business property, without first obtaining a license from the Town.
B. 
It shall be unlawful for the owner of any vehicle to permit such vehicle to be used for the purpose of collection of commercial refuse and/or to collect any material for recycling within the Town of Lewisboro, except from his own business property, without first obtaining a license from the Town for that vehicle.
C. 
It shall be unlawful for any licensee hereunder to unreasonably refuse service during the license period to any business in the Town of Lewisboro requesting the same.
D. 
It shall be unlawful for any licensed collector to deviate from any of the standards of compliance as set forth in § 134-16 below.
E. 
No unauthorized person or entity as hereinafter defined shall deposit refuse in a bulk refuse container within the Town of Lewisboro. No person or entity shall deposit refuse in a container utilized for recycling purposes in any location within the Town of Lewisboro. The finding of refuse in any such container, which refuse in part contains materials bearing the name or other identifying mark of a person or entity as addressee, shall create a rebuttable presumption that the person or entity to whom such material was found to be addressed deposited such refuse without authorization and in violation of this article. "Unauthorized person or entity," as used herein, shall mean a person or entity utilizing a bulk refuse container owned, leased or contracted for by another person or entity without the consent of such person or entity.
F. 
It shall be unlawful for any licensee hereunder to charge a customer in excess of the established Town rate for commercial refuse and for commercial recyclables. Each carter will present supporting documentation each year prior to November first, and the Town Board will by resolution establish Town rates for commercial refuse and commercial recyclables for the next calendar year.

§ 134-14 Definitions.

For the purpose of this article, the following words and terms shall be deemed to have the meanings herein given to them:
ACCEPTABLE WASTES
All solid wastes as defined under Article 27, Titles 3 and 7, of the New York State Environmental Conservation Law, as amended from time to time, and implementing regulations of the New York State Department of Environmental Conservation, including but not limited to 6 NYCRR 360 and 364, as amended from time to time, except bulk construction or demolition debris and prohibited wastes.
BULK CONSTRUCTION OR DEMOLITION DEBRIS
Waste in amounts exceeding 500 pounds in the aggregate resulting from construction, remodeling, repair and demolition of structures, road building and land clearing. Such wastes include but are not limited to bricks, concrete and other masonry materials, soil, rock and lumber, road spoils, paving material and tree stumps and brush.
DUMPSTERS
Large refuse containers which include those used by residences as well as businesses for solid waste disposal.
MUNICIPALLY COLLECTED SOLID WASTE
Acceptable wastes originating within the boundaries of the Town collected or caused to be collected by the Town or by a private carter licensed as a commercial collector by the Town of Lewisboro.
PROHIBITED WASTES
Any of the following:
A. 
All materials defined as "hazardous wastes" pursuant to either Subtitle C of the Federal Resource Conservation and Recovery Act of 1976, as amended from time to time, and implementing regulations issued by the United States Environmental Protection Agency (USEPA), including but not limited to 40 CFR 261, as amended from time to time, or Article 27, Title 9, of the New York State Environmental Conservation Law, as amended from time to time, and implementing regulations issued by the New York State Department of Environmental Conservation, including but not limited to 6 NYCRR 370 through 373.3, as amended from time to time.
B. 
All materials which are classified as a "hazardous substance" as defined in Section 101(14) of the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended from time to time, and implementing regulations issued by the USEPA, including but not limited to 40 CFR 302.
C. 
All materials which are radioactive.
D. 
Sludge; septage; pathological, infectious or explosive wastes; and liquid wastes.
E. 
Any other waste material which may not be lawfully transported to, stored, managed or disposed of at the facilities that the contractor uses pursuant to this article and to the Six Towns MCA.
RECYCLABLES
Bundled newspaper; bundled mixed paper, magazines, etc.; bundled cardboard; commingled glass, plastic and metal; or glass, plastic or metal source-separated; also, commercial recyclables.
REFUSE
All solid wastes, including garbage and ashes as hereinafter defined:
A. 
Common household wastes resulting from the preparation, cooking or serving of goods, market wastes and wastes from handling, storage and sale of produce, including dirt and crockery. Specifically excluded from this definition are all animal wastes, human or otherwise.
B. 
The residue created from fires used for cooking, heating and on-site incineration.
TOWN RATE
The maximum amount (inclusive of all fees and charges) that a carter may charge a commercial customer for picking up and disposing of commercial refuse and commercial recyclables. This rate will be set by the Town Board by resolution each December for the next year. It shall be stated in terms of maximum cost per yard per pickup for various types of commercial service.

§ 134-15 Application for license to collect refuse.

A. 
Application form. The Town will ensure that confidential proprietary documents as designated by the applicant submitted as part of the license application are to be maintained under seal and free from Freedom of Information disclosure.
(1) 
Application for a license to regularly collect refuse within the Town of Lewisboro shall be made at the office of the Town Clerk of the Town of Lewisboro on forms provided by said office. The applicant shall file with his application a certificate or affidavit of insurance as hereinafter set forth, shall pay the required license fee and shall fill out and answer all questions required to be answered by the application form. Upon receipt of such application properly completed and executed, the Town Clerk will investigate and refer the same to the Town Board, which shall act thereon.
(2) 
If and when the Town of Lewisboro determines that it shall direct its licensed carters to a specific transfer station and if and when the cost of tipping must be prepaid by the Town of Lewisboro, the following methodology will be adhered to whether for refuse and/or for recyclables:
(a) 
The costs below payable to the Town of Lewisboro are for the purpose of paying the tipping charges to the transfer station designated either by the Six Towns MCA or by the Town to be reimbursed by the licensed carter who will collect these moneys directly from the customers.
(b) 
The carter shall be required to pay to the Town of Lewisboro, on the first business day of each week, a sum of money equal to that carter's estimated tonnage for a week times the current total tipping fee.
(c) 
The estimated tonnage per week shall be calculated by dividing each carter's annual tonnage by 52 weeks.
(d) 
The current tipping fee shall be that amount that the Town of Lewisboro is required to pay for disposal of its commercial refuse or recyclables to either the designated transfer station or landfill and any other tipping costs calculated per ton.
(e) 
At the end of each month, the carter shall be required to pay in full for his actual tonnage dumped as verified by the weigh tickets.
(f) 
In the event of an emergency, and the Town designates an alternate disposal site, the Town will be responsible to reimburse the carter for money deposited in advance, but only if the alternate site bills the carter directly for the tipping fees. The Town will reimburse the carter within 30 days after submission of a valid claim form.
(g) 
Said moneys shall be deposited in an interest-bearing account for the benefit of the respective licensed carters. An accounting of these funds shall be made as of December 31 of each year, and excess moneys will be returned to each licensed carter.
(h) 
An escrow account will be established in an amount equal to one month's tipping costs.
B. 
Contents of application. The form of application shall be as determined from time to time by the Town Board of the Town of Lewisboro and shall include the following information:
(1) 
A detailed description of the applicant's equipment, including age, make and the mechanical condition of each vehicle used by the applicant in the collection of refuse within the Town of Lewisboro.
(2) 
A description of the applicant's work force.
(3) 
A balance sheet and financial statement prepared and submitted by a public accountant on behalf of the applicant, setting forth in detail the applicant's financial operations for the year immediately preceding the period for which the license is sought or the latest available financial statement. The Town Board may require an audited balance sheet and financial statement.
(4) 
Suggested rates for establishment of a Town rate for commercial refuse and recyclable collection for each type of service. Rate should be rate per yard and per pickup and what size containers are available.
(5) 
Owners, stockholders and related businesses. The names and addresses of actual or beneficial owners and creditors of the business or, if incorporated, the stockholders, directors, officers and creditors.
(6) 
Detailed information relating to the applicant's insurance coverage as described in Subsection C.
(7) 
The total number of commercial customers served.
(8) 
Contingency plans for providing service in the event of equipment failure, labor or other factors causing or threatening to cause an interruption or diminution of service.
(9) 
Method of billing.
(10) 
A list of the names and addresses of a minimum of five commercial accounts within the Town of Lewisboro, in order to be eligible for initial licensing.
(11) 
A signed contract with one or more certified and/or approved facilities for disposal of refuse and recyclables.
C. 
Insurance. The certificate of insurance to be filed with the application shall be approved as to form and sufficiency by the Town Attorney and shall be executed by authorized representatives of a duly qualified insurance company licensed to do business in the State of New York, evidencing that said insurance company has issued liability and property damage insurance policies covering the following:
(1) 
All operations of the applicant or any other person, firm or corporation employed or engaged by him in the collection of refuse, recyclables and bulk pickups within the corporate limits of the Town of Lewisboro.
(2) 
The disposal of such refuse and bulk pickups to and within the designated and approved disposal area or transfer station.
(3) 
Protecting the Town of Lewisboro by adding the Town of Lewisboro as an additional named insured and protecting the public and any person from injuries or damages sustained as a result of the negligence of the licensee, its servants, agents, contractor and employees in carrying out the activities permitted under the terms of this article.
(4) 
The certificate of insurance shall specifically evidence the following amounts of insurance coverage, which shall remain in full force and effect for the term of the license, and shall provide that written notice by certified mail be given to the Town Clerk of the Town of Lewisboro 30 days prior to any change in the conditions of the certificate of insurance or any expiration or cancellation thereof.
(a) 
Public liability insurance, combined single limit for bodily injury and property damage: $1,000,000 per occurrence.
(b) 
Motor vehicle bodily injury and property damage insurance, combined single limit: $500,000 per occurrence.
(c) 
Worker's compensation and disability benefits: as required by law.
D. 
License fee.
(1) 
The license fee shall be $100 per year per normal working truck with a capacity of 10 cubic yards or greater. For trucks with a capacity of less than 10 cubic yards, the license fee shall be $50.
(2) 
Additional trucks may be licensed from time to time at the applicable rate. Truck licenses may not be transferred to other or different trucks owned by the licensee or otherwise. No refund will be granted for a licensed truck which is not operated for the entire license period.
E. 
Action by the Town. Upon receipt of a completed application for a license hereunder, the Town Clerk shall investigate or cause to be investigated all statements set forth or included in the same and shall refer to the Town Board which shall, within 60 days after receipt of said application, decide to grant or to deny the application upon the entire record. Such decision shall be filed with the Town Clerk, who shall issue, upon receipt of any approval of such application, a license hereunder in conformity with and containing such terms and conditions as the Town Board required in its decision. In the event that the Town does not act within 60 days, the application will be deemed automatically approved for a six-month period, after which the Town may review the application again.
F. 
License period. All licenses issued pursuant to this article on or after January 1, 1993, shall be valid and in effect for a period of one year from the date of issuance of said license, subject to the provisions of this article.
G. 
Expiration and renewal of license. All licenses shall expire at the end of the license period, unless sooner revoked or suspended by the Town Board. Applications for renewal licenses shall be filed not less than 60 days prior to the end of the license period and shall be treated as new applications.
H. 
Transfer of license. Any license granted hereunder shall not be assignable or transferable except upon the written consent and approval of the Town Board. Any transfer of a majority of the equitable, legal or beneficial interest in the ownership of a licensee shall automatically terminate the validity of any license issued to such licensee. The Town Clerk shall be notified by certified mail of any change in the equitable, legal or beneficial ownership of the licensee within 10 days of such change, including a change by operation of law.

§ 134-16 Standards.

A. 
Precollection practices. Licensed commercial carters shall provide suitable containers or dumpsters for the storage of refuse. If a commercial customer has a filed and approved site plan, location of containers must be in accordance with the site plan. The licensed commercial carter must also provide an identifiable container or dumpster for recyclables as required by state law.
B. 
Availability of service. No licensed collector shall unreasonably deny service to any business requesting collection service.
C. 
Collection practices. The collector shall list on the application the sizes of dumpsters or containers available and the frequency of service.
D. 
Hours of operation. No collector shall commence work before 6:00 a.m. nor continue after 7:00 p.m., Monday through Saturday. This standard may be waived by the Town Board in case of extraordinary circumstances necessitating deviation from the normal hours and days.
E. 
Transfers. Transfers of any and all material between trucks shall only be done at locations requested in the application and approved by the Town Board, and said locations shall be left free of any debris dropped in the transfer process. Debris left at transfer sites must, upon request of the Town Clerk, be removed within six hours by the user of that site.
F. 
Type and maintenance of vehicles. All vehicles used in the transportation of refuse within the Town of Lewisboro shall be kept in a sanitary condition and shall be so constructed as to prevent leakage in transit. The body of the truck shall be wholly enclosed or shall at all times be kept covered with an adequate cover or canvas cover provided with eyelets and rope for tying down. Loading of vehicles shall be done in such a manner as to prevent spilling or loss of contents. All persons licensed hereunder shall use packer-type trucks. Small non-packer-type auxiliary vehicles may be approved if so stated on the application forms. Vehicles shall be maintained in such condition as to prevent mechanical breakdown and disruption of garbage collection. The name of the licensee shall be printed conspicuously on each vehicle.
G. 
Complaints.
(1) 
Each licensee shall remedy each complaint from an omitted service to a customer in good standing within 24 hours of the time received. The licensee shall remedy complaints from the Town Clerk concerning any material deposited improperly within the limits of streets or highways during transit within six hours.
(2) 
The licensee hereunder shall keep available complaints received by him. The record of each complaint shall include, but not be limited to, the date and nature of the complaint, the name of the complainant and the disposition thereof made by the licensee.
(3) 
The licensee must maintain either an office or answering service for receipt of said complaints during normal business hours.
H. 
Reporting practices. The licensee shall report to the Town Clerk the total number of commercial customers serviced the previous quarter. If required, the carter shall also file copies of the weigh master tickets for each month. The licensee shall also report, by category, the total tonnage of refuse and recyclables collected the previous quarter and the year to date. All reporting is due two weeks after the end of the quarter or reporting period.
I. 
Collection fees.
(1) 
A suggested fee schedule by a licensee for each type of service to be performed under such license shall be set forth in its application for such license, understanding that the licensee may not charge in excess of the established Town rate. The Town rate set by the Town Board shall remain in effect for the license period, as defined herein, unless any change is made by the Town Board.
(2) 
The billing of fees by the licensee shall conform to the method of billing set forth in the licensee's application and shall be consistent with the provisions of this article.
(3) 
No customer shall be deemed to be in default hereunder, regardless of the billing method of the licensee, until such time as the services required of the licensee shall have been fully performed.

§ 134-17 Administration and enforcement.

A. 
Responsibility of licensee. The licensee shall be directly responsible to the commercial customers it services and to the Town Board of the Town of Lewisboro and shall collect and dispose of refuse and recyclables in accordance with such rules and regulations as to service herein stated and the rate charge stated in the application or as shall be subsequently filed with the Town Board.
B. 
Administration.
(1) 
The administration of this article shall be the duty of the Town Clerk of the Town of Lewisboro and such other office, commission, agency or official as the Town Board may designate. The office of the Town Clerk is authorized to adopt such rules and regulations which it may deem appropriate and necessary, subject to the approval of the Town Board.
(2) 
The Town Clerk, Code Enforcement Officer and all police agencies shall be authorized to enforce, implement and carry out the provisions and purposes of this article, provided that such rules and regulations are not inconsistent with the provisions hereof.
C. 
Arbitration of disputes. Any dispute or controversy arising from any cessation or diminution of service or any other alleged failure of a licensee's responsibility to the commercial customers it services or any other person or any alleged failure of the responsibility of a commercial customer or any other person to the licensee shall, on complaint of either party to such dispute, be referred to the Town Board or its designated agent for binding arbitration. Pending issuance of any decision determining any dispute so referred, the licensee shall continue to provide proper pickup service for the customer, provided that the customer shall continue to pay for services rendered. This section shall not be deemed to replace any other enforcement provisions of this article.

§ 134-18 Penalties for offenses.

A. 
Administrative sanctions.
(1) 
Any person, firm, corporation or entity found violating any provision of this article, with the exception of § 134-13A or B, or conditions imposed by the Town Board upon an approved permit shall be served with a written notice at the direction of the Town Board stating the nature of the violation and providing a specified time within which the violation shall cease and satisfactory corrective action shall be taken by the violator.
(2) 
Any person, firm or corporation who or which violates, disobeys or disregards any provision of this article shall be liable to the people of the Town of Lewisboro for a civil penalty of not less than $25 nor in excess of $1,000 for each such violation, to be assessed after a hearing by the Town Board or opportunity to be heard upon due notice and with the rights to specifications of the charges and representation by counsel at such hearing.
(3) 
The Town Board shall have the power, following a hearing, to revoke any license granted hereunder.
(4) 
Any civil penalty or order issued by the Town shall be reviewable in a court of competent jurisdiction.
B. 
Criminal sanctions.
(1) 
Any person, firm or corporation who or which violates § 134-13A or B or any order of the Town Board regulating commercial refuse collection shall, in addition, for the first offense be guilty of a violation punishable by a fine of not less than $200 nor in excess of $1,000.
(2) 
For a second and each subsequent offense, he shall be guilty of a misdemeanor punishable by a fine not less than $1,000 nor in excess of $2,500 and/or a term of imprisonment of not more than 30 days.
(3) 
The Town Attorney shall prosecute persons alleged to have violated the provisions of this article and may seek equitable relief to restrain any violation of its provisions.

§ 134-19 Time limit for commencing actions.

Any action brought hereunder shall be commenced within three months of the date of the alleged violation.

§ 134-20 Severability.

If any section, subsection, paragraph, sentence, clause or phrase of this article is declared by any court of competent jurisdiction to be invalid, such invalidity shall not affect any other portion of this article. The Town Board hereby declares that it would have adopted every section, subsection, paragraph, sentence, clause and phrase of this article regardless of the fact that any other section, subsection, paragraph, sentence, clause or phrase be declared invalid.

§ 134-21 Effective date.

This article shall become effective as of January 1, 1993.