[Adopted 12-8-1993 by L.L. No. 9-1993]
This article shall be cited and may be referred
to hereinafter as the "Solid Waste Management Law." This article shall
relate to the unincorporated areas of the Town of Ramapo.
A.
The Town Board of the Town of Ramapo finds it necessary
to the preservation of the appearance of the Town, the prevention
of health hazards and the convenience and financial well-being of
the citizenry to regulate the solid waste management industry.
B.
It is the intention of the Town Board to maintain
prompt, efficient, clean and courteous service by the refuse collection
industry at reasonable prices and to assure compliance with federal,
state and county laws and regulations.
A.
For the purposes of this article the following terms,
phrases and words and their derivations shall have the meaning given
herein. When not inconsistent with the context, words used in the
present tense include the future, words in the plural number include
the singular number, and words in the singular number include the
plural number. The word "shall" is always mandatory and not merely
directory.
B.
ASHES
COMMINGLED RECYCLABLES
CONSTRUCTION AND DEMOLITION DEBRIS
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
DEPARTMENT OF PUBLIC WORKS
DIRECTOR OF PUBLIC WORKS
ESTABLISHMENT
GARBAGE
MULTIFAMILY RESIDENCE
PERSON
RECYCLABLES
REFUSE
RESIDENT
SOLID WASTE MANAGEMENT FACILITY
TOWN
TRASH
(1)
(2)
(3)
(4)
As used in this article, the following terms shall
have the meanings indicated:
The residue from the burning of wood, coal, coke or other
combustible materials.
Include glass bottles, aluminum and tin cans and plastic
containers.
Any waste resulting from construction, remodeling, repair
and demolition of structures, road building and land clearing, and
such wastes include bricks, concrete and other masonry materials,
soil, rock and lumber, road spoils, paving material and tree and brush
stumps. Construction and demolition debris does not include:
White goods such as refrigerators, stoves, household
appliances, water heaters and the like.
Tires and batteries.
Paint cans and paint in other containers.
Garbage.
Septage.
Sewage sludge.
Liquid wastes.
Containers, (cans and/or drums that held solvents,
paint thinner, oil, etc.).
Putrescible waste.
Pesticides.
Cardboard or wastepaper.
Contaminated soil.
Significant quantities of wallboard.
Industrial waste.
Hazardous waste as defined in 6 NYCRR 371.
The Department of Public Works of the Town of Ramapo.
The Director of Public Works of the Town of Ramapo.
Any generator of refuse except a resident.
Putrescible animal and vegetable waste resulting from the
preparation, handling, cooking and consumption of food.
Any residence legally containing in excess of two families.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Include the following:
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, wastepaper, trash, construction and demolition
debris and ashes. Refuse shall not be deemed to include dead animals
or abandoned automobiles.
Any generator of refuse in a one- or two-family house.
Any facility employed beyond the initial solid waste collection
process, including but not limited to: storage areas or facilities;
transfer stations; rail-haul or barge-haul facilities; processing
facilities, including resource recovery facilities; sanitary landfills;
incinerators; land-spreading facilities; composting facilities, surface
impoundment; and waste oil storage, reprocessing and rerefining facilities.
The Town of Ramapo.
Any item of solid waste that is nontoxic and/or nonputrescible
and is placed in a clearly fastened container bag which is filled
at a maximum weight of 60 pounds and a maximum volume capacity of
30 gallons. Said items include, but are not limited to:
Discardable household items of a durable nature
such as furniture, cardboard cartons or packaging, and household appliances,
except for large appliances such as refrigerators, washing machines,
dryers, dishwashers and hot-water heaters.
[Amended 2-6-2012 by L.L.
No. 2-2012]
Garden, yard and lawn waste such as clippings,
leaves, only if placed in containers, cartons or bags which are securely
fastened and Christmas trees, tree branches and fallen trees cut into
sections less than four feet long and tied or weighing no more than
60 pounds per piece.
Ashes and other refuse resulting from the burning
of wood or coal in a residence for heating purposes, so long as placed
in containers, cartons or bags.
Motor vehicle tires and parts, except for junk
vehicles, vehicle bodies or engine blocks.
[Amended 2-6-2012 by L.L.
No. 2-2012]
No person shall engage in the business of collecting,
removing or transporting refuse in the Town without first obtaining
from the Town Clerk of the Town a license to carry on such business
in the Town.
[Amended 2-6-2012 by L.L.
No. 2-2012; 9-14-2016 by L.L. No. 1-2016]
The fee for a license to engage in the business described in
this article and vehicle fee shall be set forth by the Town Board
and shall be in accordance with the Standard Schedule of Fees of the
Town of Ramapo. The application fee and vehicle fee shall be payable
to the Town Clerk of the Town of Ramapo prior to the issuance of the
license.
A.
The Director of Public Works is hereby authorized
to grant licenses under his hands through the office of the Town Clerk,
to be countersigned and sealed with the Corporate Seal of the Town
by the Town Clerk at the direction of the Director of Public Works.
[Amended 2-6-2012 by L.L.
No. 2-2012]
B.
All applications for licenses shall be made by the
applicant on forms to be provided by the Town Clerk. Said applications
shall set forth the name, business and residence address of the applicant,
the names and residence addresses of the officers and stockholders
or partners if the applicant is a corporation or partnership, whether
the applicant, any partner, stockholder or corporate officer has been
convicted of a misdemeanor or felony, a statement of the ownership
interest by said applicant, stockholder, officer or partner in any
other garbage collection business in the State of New York, a statement
of the number, type and kinds of vehicles to be used by the applicant,
including their unladen weight and capacity, trade name, body type,
serial and motor number and state registration, a list of roll-off
containers with their capacity, the kind of service the applicant
desires to perform in the Town and such other information as may be
required by the Director of Public Works, and supplementary applications
shall be verified by the applicant; if a partnership, by one of the
partners; and if a corporation, by one of its officers.
[Amended 2-6-2012 by L.L.
No. 2-2012]
C.
Within five days of the occurrence of any change in
the facts stated in any application, the applicant shall report the
same in a supplementary application to the Town Clerk. All changes
made on any license shall be made only by the Town Clerk in conjunction
with the Director of Public Works.
[Amended 2-6-2012 by L.L.
No. 2-2012]
D.
All applications shall be referred by the Town Clerk
to the Police Department of the Town and the Town Attorney of the
Town for their review and comments with regard to the applicant and
the issuance of the license. The Town Clerk, upon receipt of the review
and comments, shall transmit the same, together with a copy of the
application, to the Director of Public Works. The Director of Public
Works shall thereafter, within a reasonable time, issue or refuse
to grant a license to the applicant. The refusal by the Director of
Public Works to issue a license shall be subject to review by an Article
78 proceeding.
[Amended 2-6-2012 by L.L.
No. 2-2012]
Fees for commercial establishments and multifamily
residences housing more than three families shall be negotiated between
the owner and the collector.
A.
Each applicant for a license shall file with the Town Clerk's
office evidence in the form of a certificate or other evidence of
insurance in the amounts as set by the Town Board and reflected in
the refuse license application.
[Amended 9-14-2016 by L.L. No. 1-2016]
B.
Such policies or certificate of insurance shall name the Town of
Ramapo as an additional insured and shall state the following: "with
respect to the insurance for which the Town of Ramapo is designated
as a Named Insured, this insurance will be primary to the Town of
Ramapo."
[Amended 2-6-2012 by L.L.
No. 2-2012; 9-14-2016 by L.L. No. 1-2016]
C.
Each applicant shall file with the Town Clerk's office
evidence in the form of a certificate of insurance that the proper
workmen's compensation is in force and effect covering each and every
person employed by the applicant in the collection of such refuse.
D.
Said certificates of insurance shall be approved by
the Town Attorney. The insurance policies shall have a term of one
year or, if written for a term of less than one year, shall expire
on December 31 of the license year. Within three months of the filing
of a certificate of insurance, the applicant shall furnish to the
Town Clerk a copy of the top sheet of the applicable insurance policy.[1]
[Amended 2-6-2012 by L.L.
No. 2-2012]
[1]
Editor's Note: Original § 208-9,
Bond required, as amended 2-8-1995 by L.L. No. 3-1995, which immediately
followed this section, was repealed 2-6-2012 by L.L. No. 2-2012
All licenses issued under this article shall
be granted for a term to end on the 31st day of December next following
the issuance thereof.
[Amended 2-6-2012 by L.L.
No. 2-2012; 9-14-2016 by L.L. No. 1-2016]
A.
A license may be refused or revoked if the applicant or any partner,
stockholder or corporate officer shall have been convicted of a misdemeanor
or felony which, in the judgment of the Director of Public Works,
renders the applicant unfit or undesirable to carry on the trade or
occupation involved herein. The Director of Public Works may also
refuse or revoke a license to any person who, in his judgment, shall
be unfit, undesirable or incapable of conducting the trade or business
involved herein or who fails to comply with the provisions of this
article. The granting, refusal or revocation of such license by the
Director of Public Works shall be subject to review by an Article
78 proceeding.
B.
The Director of Public Works may consider various factors in the
review of the applicant's refuse license application. Such factors
may include, but will not be limited to, the record and determination
of other municipalities/governmental agencies/authorities in considering
applicant's refuse license application and violation history.
C.
Should an application be refused or license revoked, pursuant to
this section, a request for a hearing may be requested in writing
to the Town Clerk of the Town of Ramapo, within 15 days of receipt
of the Town's refusal or revocation letter. The Director of Public
Works must conduct a hearing within 60 days of receipt of a written
request for a hearing. Only those written materials which are submitted
to the Town Clerk of the Town of Ramapo at least five business days
prior to the hearing will be entered into the hearing record. Testimony
will be permitted at the hearing from the applicant or revoked licensee,
as well as any other members from the public with relevant testimony.
The unreasonable refusal to comply with the
following regulations shall be grounds for revocation of the license.
A.
Every licensee under this article shall:
(1)
Carry a Town of Ramapo license in each vehicle used
in the licensee's business which shall be exhibited on demand of the
property owner where collection is being made or by the Town police.
[Amended 2-6-2012 by L.L.
No. 2-2012]
(2)
Render efficient, reliable, quiet and courteous service
at all times.
(3)
Pick up any refuse which is dropped by him.
(4)
Park his vehicle as far off the road as is possible.
(5)
Refrain from operating the licensed business after
expiration of his license or during any period the license is revoked
or suspended.
(6)
Avoid all forbidden, improper or unnecessary practices
or conditions which do or may affect the public health, morals or
welfare of the Town.
(7)
Be prohibited from furnishing such service prior to
6:00 a.m.
B.
The licensee must provide forthwith and at all times
during the year a telephone and be prepared to receive and answer
messages from 9:00 a.m. to 5:00 p.m. every business day of the year.
A.
Residents and establishments must purchase their own
containers according to standards established by the Director of Public
Works, except that as to residents, the Town shall furnish, free of
charge, initial containers for the pickup of recyclables.
B.
All refuse and recyclables must be in the containers.
The licensee shall not be required to collect any refuse which is
not placed therein.
C.
For collection pursuant to a schedule set forth by
contract, refuse bags and/or containers from which refuse is collected
shall be placed alongside the building behind the building line.
[Amended 8-5-1998 by L.L. No. 9-1998]
A license shall not be assignable. Any holder
of a license granted under this article who allows it to be used by
any other person, and any person who uses a license granted to any
other person, shall be each guilty of a violation of this article.
A.
The vehicles to be used by collectors of refuse shall
have been inspected and approved by the Rockland County Health Department,
whose inspection certificate signed by a sanitary inspector shall
be filed with the application, and shall be so constructed as to make
impossible the spilling or leakage of refuse, and in transporting
such materials through the Town, the vehicle shall be covered in such
manner that none of the contents can spill on Town roads. Any refuse
falling to the streets or roads in said Town must be immediately cleaned
up.
B.
The licensee must keep all vehicles clean, sanitary
and neatly painted and shall wash, clean and disinfect such vehicles
at least once a week.
C.
The licensee must keep all vehicles readily identifiable
by lettering the names of the owners and their Town of Ramapo permit
numbers, in letters of suitable size, upon the vehicles.
A.
The Director of Public Works shall have the following
powers in order to further the purposes of this article:
(1)
To investigate all violations of this article and
any grievances reported by residents or establishments and the refuse
collection industry.
(2)
To take testimony concerning violations of this article,
grievances of residents and establishments and the refuse collection
industry and petitions for revised rates.
(3)
To hold public hearings on 10 days' written notice
to the offending licensee. However, in the event the Director of Public
Works is the complainant, the matter shall be heard by the Town Attorney,
or his designee, who shall have the same powers as does the Director
of Public Works to dispose of the matter and levy penalties with respect
thereto.
(4)
To reasonably discipline licensees for noncompliance with rules, regulations or directives of the Director of Public Works or for noncooperation in an investigation or hearing, including but not limited to suspension or revocation of licenses issued pursuant to § 235-17 of this article and the levying of a fine of not more than $10,000 for each act of noncompliance or noncooperation.
B.
The Director of Public Works shall have all other
powers granted herein and all other powers necessary, incidental or
implied to proper functions of this article.
A.
Except as provided herein, any person, firm or corporation
collecting refuse in the Town of Ramapo without a license or violating
any of the provisions of this article, including any rules and regulations
adopted pursuant hereto, shall be guilty of an offense against this
article. Upon conviction, such person, firm or corporation shall be
punishable by a fine imposed by the Director of Public Works of not
more than $10,000. Each and every day such violation is committed
or permitted to continue shall constitute a separate offense and shall
be punishable as such hereunder.[1]
[1]
Editor's Note: Original § 208-17B,
which immediately followed this subsection and provided for additional
fines, was repealed 2-6-2012 by L.L. No. 2-2012.
B.
Any person, firm or corporation who or which knowingly gives false information upon any application for a license, or renewal thereof, or who or which conceals any conviction of a misdemeanor or a felony by any individual, partner, stockholder or corporate officer, or who or which allows another person to use the license issued to himself or itself, or who or which unreasonably refuses to comply with the regulations of § 235-25 herein, shall suffer revocation of his license.
C.
Any act stated herein to be grounds for revocation
of a license shall result in a revocation of said license by order
of the Director of Public Works after due notice and public hearing.
The Police Department of the Town of Ramapo and/or the enforcement official as designated in Chapter 376, Zoning, § 376-140 of the Code of the Town of Ramapo shall have the power, right and authority to issue an appearance ticket, as the same is defined in Article 150 of the Criminal Procedure Law of the State of New York, for the violation of any section of this article.
Nothing in this article shall be construed to
supersede the minimum standards contained in Part 19 of the State
Sanitary Code which shall govern when and where any provisions of
this article are found to be inconsistent with said standards.
Nothing contained in this article shall be construed
or interpreted to make the Town a party to any contract for refuse
removal.
